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Page 1: Business Law notes to study

Hewitt 1

Julia Hewitt

Dr. Rae Mirgain

English 113.1E2

December 17th 2014

The Great Immigration Reform Debate

The United States of America is considered a worldwide melting pot. There are many

people of different origins residing within the United States. Some of these people were born

here and some are immigrants. The bottom-line is that all of the people within the United States,

besides the Native Americans, are either immigrants or descendents of immigrants. Among the

many immigrants living in the U.S., between 11.5 to 12 million of them are illegal immigrants.

The presence of these people has caused a tremendous change in the United States since

it has both helped the economy in certain respects (especially companies seeking inexpensive

labor) and caused unwelcomed competition for many low-wage workers. Some of these illegal

immigrants have been living within the U.S. for many years and they are being marginalized by

their illegal status. As President Bush has stated:

Many undocumented workers have walked mile after mile, through the heat of the day

and the cold of the night. Some have risked their lives in dangerous desert border crossings, or

entrusted their lives to the brutal rings of heartless human smugglers. Workers who seek only to

earn a living end up in the shadows of American life -- fearful, often abused and exploited. When

they are victimized by crime, they are afraid to call the police, or seek recourse in the legal

system. They are cut off from their families far away, fearing if they leave our country to visit

relatives back home, they might never be able to return to their jobs.” (Bush)

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As these people are working for extremely low wages, and some are supporting several

children born in the U.S. on these low wages, many of them are living in or very near the poverty

line. Most have the intention of simply living a better life than they did in their native land –

much like American citizens are trying to pursue the American dream. However, living under

illegal circumstances creates an environment where these people are living in an invisible world

in which they have few legal rights; in fact, often, in a world where they simply do not exist in

the eyes of the law. Because of this situation, the Government would like to make a proposal to

end this situation and give these marginalized people the opportunity that they deserve.

The recent controversial “Executive Action” confirmed by the President of the United

States of America to give five million green cards to children of illegal immigrants is a disgrace.

Not only is it an affront to our Constitution but a clear violation of our founding fathers’ design

for separation of powers to protect our country against tyranny. Obama’s above-mentioned

executive order on immigration is an update on a piece of US immigration legislation that was

first introduced into the Senate in 2001 called the Dream Act (DREAM is an abbreviation for

Development, Relief and Education for Alien Minors), which basically intended to implement a

plan that would give lawful immigrant status to illegal aliens that were brought to the United

States illegally as children. Obviously, there were rules and regulations that had to be adhered to

in order for the illegal immigrants in question to qualify for inclusion under the intended law;

however, even so, this controversial bill is so flawed that it clearly needs to be amended before it

is ever put before the Senate for another vote. For example, virtually anyone of a certain age

that is in this country illegally could claim that they met many of the bill’s qualifications when,

in fact, they did not.

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The bill intended to provide conditional permanent residency to certain illegal

immigrants of good moral character who graduate from U.S. high schools, who arrived in the

United States as minors, and who lived in the country continuously for at least five years prior to

the bill's enactment, whatever date that would be. Supporters of this Act argue that it would not

create an "amnesty program" and that it would, conversely, produce a variety of social and

economic benefits, while critics of this bill contend that it would reward illegal immigration and

encourage further illegal immigration, inviting fraud and shielding gang members from

deportation.

Another issue of concern that works in opposition to this DREAM Act legislation is that

children who had been brought to the United States legally would not be entitled to be a part of

this legislation simply because they are legal aliens that had abided by the law during their

immigration to the United States and, therefore, would not be entitled to its benefits. It is not

okay to penalize those kids whose immigrant parents played by the rules. The minors that are

here on some temporary visas should certainly at least have the same opportunities as illegal

minors. Legally immigrating children would not have the right to work a summer job, they

would not have the right to any financial aid at school (reduced lunch prices or reduced book

costs) and they would not be eligible to be a part of any deals regarding in-state college tuition

fees. They would be excluded from all the above simply because they obeyed the law.

The president of the United States of America has unveiled a ten-part plan for

overhauling the U.S. immigration policy via this “Executive Action” -- including suspending

deportations for millions. The draft plan contains ten initiatives that span everything from

boosting border security to improving pay for immigration officers. 

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But the most controversial part of this plan pertains to the millions who could get a

deportation reprieve under what is known as "deferred action.” The plan calls for expanding

deferred action for illegal immigrants who came to the U.S. as children as well as for the parents

of U.S. citizens and legal permanent residents.  The latter could allow upwards of 4.5 million

illegal immigrant adults with American-born children to stay, according to estimates. 

Critics in the Senate say that those who receive deferred action, according to U.S.

Citizenship and Immigration Services, would receive work authorization in the United States,

Social Security numbers and government-issued IDs.

Another intended action that is sure to cause consternation among anti-amnesty

lawmakers is a plan to expand deferred action for young people. In June 2012, Obama created

such a program for illegal immigrants who came to the U.S. as children, who had entered before

June 2007 and were under 31 as of June 2012. The change would expand that to cover anyone

who entered before they were 16, and change the cut-off from June, 2007 to January 1, 2010.

This is estimated to make nearly another 300,000 illegal immigrants eligible for the program. 

Under the changes, immigration and customs enforcement officers would see a raise in

pay in order to "increase morale" within the ICE workforce.  Many believe that this increase in

pay is to quiet the massive number of complaints from immigration and customs enforcement

officers in regard to the president’s policies; in other words, it is widely regarded as “hush

money.” Additionally, the Department of Homeland Security is planning to "promote" the new

naturalization process by giving a 50 percent discount on the first 10,000 applicants who come

forward, with the exception of those who have income levels above 200 percent of the poverty

level. 

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Tech jobs through a State Department immigrant visa program would offer another half-

million immigrants a path to citizenship. This would include their spouses as well. Other

measures include calls to revise removal priorities to target serious criminals for deportation and

end the program known as "Secure Communities" and to start a new program. 

The planning comes as immigrant advocates urge President Obama to act. Recently, as

lawmakers returned for a lame-duck session, Democrats in Congress implored Obama to take

executive action. 

In the final analysis, if illegal immigrants are a plus to our nation so are legal immigrants

who come to the United States, not with the intent of working illegally and trying to get

citizenship by illegal trespass into the country, but by going through the necessary legal process

of immigration and offering skills that can add value to the American workforce and, therefore,

to the country as a whole.

House Democratic Whip Steny Hoyer said: "I join with my colleagues in urging the

president to take action. What he needs to do is give immediate relief to families who are being

wrenched apart and living in fear."  (Hoyer)

Angela Maria Kelley, vice president for immigration policy at the Center for American

Progress, touted Obama’s recent executive action on immigration as a "tried and true component

of immigration policy used by 11 presidents, 39 times in the last 60 years."  She said for many

undocumented immigrants who have been here for years that, unless one is created, "there is no

line for people to get into."  (Kelley)

Obama vowed to act in the absence of congressional action and has claimed that

congressional action could still supersede his executive steps. That claim was restated by White

House Press Secretary Josh Earnest, who said Thursday that if the House approved an

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immigration reform bill previously passed by the Senate, Obama would "retract" any executive

order. 

In a recent op-ed in Politico, Sen. Jeff Sessions, R-Ala., said Congress would stop Obama

from taking executive action by adding language explicitly barring money from being used for

that purpose. "Congress has the power of the purse. The president cannot spend a dime unless

Congress appropriates it," Sessions wrote. He also pointed out that similar language in the past

has prevented the president from closing the Guantanamo Bay prison camp.

This decision by the president to take executive action on immigration has really upset a

lot of people who came here legally. For a girl that has been going through the immigration

process legally since the age of eight, if the current order stands, when she graduates from high

school and she wants to go to college in the US, she will have to be classified as an international

student even though she has been living in this country legally for a period of 10 years. It’s

shameful that she cannot get the same rights as children who were brought here illegally! If the

US Immigration System can take care of the 12 million illegal aliens by giving them green cards,

surely they could include the few thousand legal alien children in this legislation and allow them

the same rights.

Every country has their immigration rules and regulations and rules have to be put in

place to protect everyone. However, the legal immigrants who have been sticking to every rule

and regulation whilst living here are being penalized enormously by recent events. Currently,

some, if not most of the immigration system is so flawed and complicated that it encourages

people to “cheat the system.”

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A comprehensive immigration reform is very important to all of us and I’m sure that we

all have our own opinions of the current system. However, if the powers of persuasion within

this essay have been enough to convince you that the president’s executive action ( and the

Dream Act) should also include kids that are here legally, please write to your state and federal

legislators and let them know.

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Works Cited

American Immigration Council. www.immigrationpolicy.org. 16 June 2014. Webpage 17

December 2014.

Fox News. www.foxnews.com. 7 January 2014. Webpage 17 December 2014.

Homeland Security. www.dhs.gov/immigration. 12 December 2014. Webpage 17 December

2014.

National Immigration Law Center. www.nilc.org. May 2011. Webpage 17 December 2014.

Rand Paul. www.politifact.com. 23 April 2014. Webpage 17 December 2014