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Immigration Reform, the Immigrant Response, and Race/Ethnic Coalitional Politics

Immigration Reform, the Immigrant Response, and Race/Ethnic Coalitional Politics. Political Science 61 / Chicano/Latino Studies 64 November 27, 2007. Immigration “Reform:” Historical Perspectives. Periods of Congressional “reform” 1798 – Alien and Sedition Acts 1850s – the “Know Nothings”

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Immigration Reform, the Immigrant Response, and Race/Ethnic Coalitional Politics

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  1. Immigration Reform, the Immigrant Response, and Race/Ethnic Coalitional Politics Political Science 61 / Chicano/Latino Studies 64 November 27, 2007

  2. Immigration “Reform:”Historical Perspectives • Periods of Congressional “reform” • 1798 – Alien and Sedition Acts • 1850s – the “Know Nothings” • 1880s – Chinese exclusion • 1880s-1910s – Excluding categories of immigrants by behavioral traits or beliefs / narrowing naturalization • 1910s-1920s – Literacy tests and National Origin Quotas • 1965 – Ended national origin quotas • 1986 – Employer sanctions and legalization • 1990s – Limiting rights of immigrants and more rapid exclusion

  3. What do These Periods of “Reform” Have in Common? • Generally, they narrowed immigration opportunities • Exceptions – 1850s (no change), 1965 (ended National Origin quotas), and, possibly, 1986 (legalization) • Responded to period of mass organizing and state efforts to change (restrict) immigration • Ongoing tension in American politics • Economic and ethnic interests seeking immigrants • Cultural conservatives and organized labor fearing the changes they bring • “Reform” generally took a number of years because of competing societal interests

  4. Contemporary Debates • 1970s-1980s • Fear of unauthorized migrants • 1990s • Cost of immigrant incorporation and who should pay (states or national government) • Raising the bar for legal immigration • 2000 and beyond • Immigration and national security (post-9/11) • Growing concern about numbers of immigrants, authorized and unauthorized

  5. Native Response Increasingly Targets Unauthorized Migration • Unauthorized at core of debates in Congress today • Restriction (walls, workplace enforcement, denial of benefits) • “Guest workers” – Assumption that unauthorized migrants just come to work and will go home • Legalization – Recognition that most unauthorized migrants won’t leave voluntarily • Why is this the focus? • Size of unauthorized population – 11-12 million • Geographic dispersion • Hourglass/service economy

  6. Unauthorized Migration by State, 2000 and 2005 Source: Office of Immigration Statistics, 2006

  7. Background to Contemporary Debate: IRCA (1986) • Response to fear of “12 million illegal immigrants” published in 1976 • Three part “reform” • Legalization • Employer sanctions • “Replacement” agricultural labor • Of these, • First worked well • Second rarely enforced • Third not implemented

  8. Current Debates, Part 1 • Bush proposal (2004) • Guest workers/enforcement • House bill – HR 4437 (passed 2005) • Fence/enforcement • Unauthorized status a felony • Employer penalties • Authorizes use of the military to enforce immigration law • No guest worker program or legalization

  9. Current Debates, Part 2U.S. Senate – S 2601 (2006) • Added interior and border enforcement • Path to permanent residence for unauthorized migrants who had resided in the U.S. for five years • Three year temporary residence for unauthorized migrants who had resided in U.S. for 2 to 5 years, then path to permanent residence with return to country of origin • Temporary worker visa – up to 6 years, with ultimate path to permanent residence • Overall cap on legal immigration (2007-2016)

  10. Current Debates, Part 32007 Senate Bill – S. 1348 • Border security and triggers • Border patrol doubled to 28,000 • Fence (370 miles built) • Fraud proof id • Legalization – “Z visa” • Fees and fines • Eight to nine year wait for permanent residence • Temporary workers • After triggers, at least 400,000 annually • No path to permanent residence • New basis for immigration to permanent residence

  11. 2006-2007 Result in Congress – Stalemate • 2006 – Strong support in each house for its bill • Recognition that there would be no compromise • 2007 – Senate unable to overcome filibuster • Bush administration did little to resolve • Continued to advocate guest worker program • 2008 race makes debate unlikely until at least 2009 • Smaller legalizations – DREAM Act – could not be debated individually

  12. Issues to be Resolved • New enforcement provisions • Does enforcement have to appear successful before legalization kicks in? • Legalization eligibility (years of residence) • Fines/taxes • Touchback – do immigrants have to return to their country of origin to legalize? • Minimum years of residence • Length of temporary residence prior to permanent residence • New guest worker program • Does this lead to permanent residence?

  13. Big New Issue Introduced in 2007 • Change to foundations in legal immigration (change to foundations of 1965 Immigration Bill) • “Point system” • Rewards for education, job skills and English-speaking ability • Will reduce visas for family unification

  14. Can Compromise Be Reached? • Eventually, yes • Concerns in the electorate will keep the issue on the table • Some new members of Congress will owe their elections to popular immigration concerns (both pro and con) • Current • Efforts to push legislation (big and small) in Senate in 2007 have failed multiple times • Anti-immigrant forces number 100 in the House and 30-35 in the Senate – not open to any bill with legalization • Bush has little political capital (and isn’t using what he has) • Unlikely to be debated in 2008

  15. Public Offers Little (and Conflicting) Guide to Legislators • Mass opinion divided • Immigrant protests added a voice to the debate, but not sufficiently influential to shape outcomes • Elite/business interests may see status quo as better than more restrictions • Partisan division on importance of issue that hardens representatives positions in House and Senate

  16. Partisan Divide, Importance of Immigration, 2007 Source: Wall Street Journal, November 19, 2007

  17. Public Opinion • General pattern – unfocused, internally contradictory, and highly responsive to the way the question is asked • Immigration at current levels too high, but immigrants are an asset • Opposition to unauthorized migration, support for increasing barriers to unauthorized migration, and support for a path to legal residence • Patterns unchanged by 2006 protests • Overall, protestors viewed unfavorably by twice as many as view them favorably

  18. Group that Did See Some Change – Latino U.S. Citizens • Historically, Latino U.S. citizens have had arms-length relationship with Latino immigrants • Immigrant protests reminded Latino U.S. citizens of their immigrant roots • More than half supported legalization • Rates of support declined somewhat in months after protests • Immigration/immigrant rights not top important issue for Latino voters

  19. Question for Next Time • Who naturalizes and why?

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