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Immigration reform hits Mexican standoff
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Fence on U.S./Mexico border
Roughly two weeks ago, I wrote about how Operation Iraqi Windfall, the bailouts, and the overall poor economy have required that President-elect Obama place increasing the amount of affordable housing low on his priority list. Immigration reform is another issue that our current woes has required placing on the backburner as well.
Latino voters, and Oprah Winfrey fans, supported Obama strongly in the presidential election. At least in the case of Latino voters, reforming immigration law in a way that facilitates becoming a citizen and that makes the laws regarding folks who took the shortcut of coming to the United States illegally more understanding of their situation is a priority. Obama's advocacy for that reform was one reason that they supported him.
Recent crackdowns have included a seeming increase in raids of places of employment for illegal immigrants, the proposals for strengthening the security of the U.S./Mexico border, and efforts in Hazleton, Pa., and many other cities to enact laws that would impose heavy penalties on landlords who rent homes to illegal immigrants and employers who hire them.
The local laws, which so far have not passed court scrutiny, are designed to discourage illegal immigrants from living in the communities in which they are enacted. A primary reason for this is that evidence exists that shows that a significant portion of people in this population drain the resources of local public health facilities and other social service programs by using them heavily without contributing to the tax base that funds them. This is based on the perception that many of these people do not pay taxes because they work under the table. I realize that many people who are in the United states legally engage in the same behavior.
Court decisions regarding these local laws have addressed one issue that is important to the overall immigration issue; they have determined that these laws are invalid because regulating immigration is a function of the federal, not a local, government. It has been pointed out as well that federal law already prohibits a landlord from "knowingly" harboring someone who is in the country illegally by renting him or her an apartment. (This topic is on my list for entry topics.) Federal law requires additionally that an employer verify that every person that he or she hires is in the United Stated legally. One concern is that these laws be enforced properly.
Diverting federal funds to the Iraq War and bailouts that will likely include covering the inevitable repairs regarding the president of Ford driving a product of his company between Michigan and Washington, D.C. only reduces the amount available to ensure that violation of immigration laws are revealed and that an appropriate response is made.
Before discussing proposed solutions, I want to touch on the issue of discrimination. People are protected against discrimination that is based on their race of country of origin, but the relevant immigration laws are directed at anyone who is here illegally. A landlord cannot refuse to rent to you simply because you were born in another country, but he or she can refuse to rent to you because he or she knows that you are not in this country legally.
One proposal for reform is to grant people who are here illegally a form of amnesty that will be based on a compromise and allow them to apply for legal status. Alternatively, Obama could utilize two of his bases of support and have Oprah fill audiences for her talk show with illegal immigrants and place green cards under their seats.
Please post the inevitable questions and comments as additions to this entry or e-mail them to nelsonexaminer@gmail.com. Please understand as well that I do not support the "Oprah" law and that nothing that I write can be considered legal advice or provide a basis for forming an attorney-client privilege.
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