Immigration
issues occupy the center stage at regional, national,
and international level. It is not a new phenomenon, in
fact is as old as humanity itself. It has become increasingly
a key feature of the Liberalization, Privatization and
Globalization [LPG] since the 1990s, and a major part
of everyday life in various countries. Over the last 35
years, the number of persons living outside their country
of birth has more than doubled to stand today at over
175 million people. Worldwide, approximately, one out
of every 35 persons is an immigrant.
Immigration
is defined as a temporary or permanent change of residence
of an individual. It is a sub-category of a more general
concept of 'movement', which embraces a wide variety of
forms and types of geographical mobility. LPG policies
have brought together nations, at the same time distanced
them as well. Day by day, the impact of immigration has
been increasing because of several factors operating in
the society such as, and its social culture, the world
economy, policies and procedures. Immigration is affecting
the national security, public safety and particularly
immigration laws in developed and developing countries.
Poverty,
wars, famine and repression are among the major causes
for immigration; but individuals quote other reasons like
population pressures and insufficient resources, wage
inequalities between countries, growing urbanization,
rapid technological changes, migrant networks that facilitate
movement, lack of employment prospects and debt in their
own countries, and flexible labor market policies, rules
and regulations are the major forces, which cause for
massive immigration in the United States.
More
number of people decide to make the United States of America
as their home for different reasons. It is known as the
land of immigration. It has been a nation of immigrants
for 200 years. Generally, the people who migrate to US
belong to developing countries. Political, religious,
economic, military and legal factors have played a significant
role in America's immigration history. The development
of the American immigration legal system began after the
American Civil War. It can be seen that immigration has
evolved into something that has a dynamic impact on the
economy. It is also something that has greatly affected
the US laws.
Geographical-wise
immigrants are highly concentrated in US. Mostly, they
settle in the central part of Metropolitan Areas "gateway
[major international airport] cities", due to high
concentration of immigrants in six states such as California,
New York, Texas, Florida, New Jersey and Illinois.
Immigrants
in the "Before 1970" cohort are mostly referred
to as Europe (39 percent), the British Isles (8 percent),
Canada (9 percent) and Mexico (13 percent). The 1970s
and 1980s and 1990s saw a rise in the importance of Asia,
Mexico and South and Central America as immigrant source
regions, and a decrease in the relative importance of
immigrants from the UK and Ireland, Canada and other European
Countries. Health, education, housing, and social services
of immigrants have a greater impact on the government
in enacting the laws, particularly immigration laws.
The
main threshold period in terms of the countries of origin
of the immigrants in US is associated with the Immigration
and Nationality Act of 1965, which abolished discriminatory
"national origins" restrictions on immigration
that disadvantaged potential immigrants from Southern
and Eastern Europe and especially from Asia. Due to the
continuous flow of migrants, the US is changing its laws
from time to time and trying to defend the each immigrant.
The
September 11, 2001 terrorist attacks are a stigma on the
history of the US. Its impact on national security posed
to new challenges. Unauthorized immigration has also been
identified as a major threat, and it made the immigrants
scapegoats and they are viewed as threat to the American
way of life. This incident has changed the shape of majority
of laws; especially, border control enforcement, US began
tightening the citizenship, and immigration laws to protect
their nation from aliens and terrorists.
The
Government in the later period of the 1980s and the early
1990s and after September 11, 2001 attacks, faced major
policy questions, which were generated by global forces
like rationalizing the illegal and undocumented immigration.
The Secure America and Orderly Immigration Act is a comprehensive
reform, which rationalizes the country's immigration laws
and makes them more just, more human and more enforceable.
The Alien and Sedition Acts of 1798, the Civil Rights
Act of 1964, the Refugee Act of 1980, the Immigration
Reform and Control Act of 1986 [IRCA], the Immigration
Act of 1990, the Life Act, the USA Patriot Act, the federal
Real Id Act, the Convention on the Elimination of all
Forms of Racial Discrimination [the "Race Convention"
ratified by the United States in 1994], the Border Protection,
Antiterrorism, and Illegal Immigration Control Act of
2005, and the Secure Fence Act of 2006 etc., have been
enacted to control the illegal and undocumented immigration
and also implements the immigration laws without affecting
the human rights of non-citizens. The conquest of world
poverty and its achievement are the UN Millennium goals.
The immediate spur in this is the astonishing size (about
double official aid flows) and rate of growth of remittances,
income transfers from workers abroad to their home countries.
To
safeguard the interests of legal immigrants, the US government
has enacted various immigration laws without any discrimination,
irrespective of their religion, caste, and color, equal
opportunities, and wage equality, etc. The Bill of Rights
and other parts of the Constitution also protect the life
and liberty of the non-citizens. Social security benefits
are also provided to new legal immigrants who legally
enter the United States.
International
Organizations like United Nations Organizations, International
Labor Organization Conventions, International Human Rights
Commission, Global Commission on International Migration
and International Organization for Migration are making
efforts to uphold the interests and rights of legal immigrants
and the US Government is also endeavoring to enact flexible
immigration laws. This book presents various immigration
laws and highlights the existing US immigration laws;
the role of legislation to deal with the immigration issues,
and focuses on immigration reforms.
The
book "The U.S. Immigration Laws: A Debate" contains
eight articles collected from different parts of the world.
It discusses the origin of the United States of America,
the historical background of the birth of the American
culture and the impact of immigration on the US culture
and its identity, the concept of whiteness, racism in
the US, effects of unauthorized migration on national
security, the present immigration legal system, flaws
and possible reforms, downsizing the illegal migration,
changes in immigration laws after September 11, 2001 terrorist
attacks, social security benefits of new legal immigrants,
positive impact of legal immigration on social security
in the United States, European Union legal system in relation
to human rights, related case laws, rights and remedies
in the protection of legal migrants by various means etc.
The
article "Immigration and American Culture: The Struggle
for National Inclusion and Identity" by Virgilio
Perez Pascoe focuses on the historical background of the
birth of the American culture and the impact of immigration
on the US culture and its identity. At the end the author
analyzes the facts, myths, and public policy related to
immigration, solving the issue of undocumented immigration
while highlighting related case laws.
The
article "Today's Immigration Legal System: Flaw and
Possible Reforms" by Rick Fang-Chi Yeh is divided
into three parts, which discusses the overview of the
immigration legal system, present position of immigration
laws, flaws and remedies in the United States legal system.
The current system of immigration adjudication does not
incorporate the doctrine of separation of powers and the
executive and legislature control over it. In order to
correct the basic flaws, the four remedial proposals,
and related cases laws have been highlighted.
The article "US Immigration Reform: Can the System
be Repaired?" by Marc R. Rosenblum, mainly recommends
changes to the legal permanent and temporary admissions
systems to encourage the recruitment and maintenance of
immigrants in the US, and emphasizes on changing the legal
visa policies of America. The author also highlights the
various recommendations to protect the temporary and permanent
migrant workers, enforcement of immigration laws and national
security.
The
article "Learning to Become American: Immigrants,
Race Relations, and Generational Change" by Hartmut
Keil focuses on the concept of whiteness, race and racism,
and defines the terms like civil rights and naturalization.
There is a work competition between different immigrants
and they are differentiating with skilled and unskilled
immigrants in the labor market. Finally, the author discusses
the German immigrants and compares them with the African
American immigrants.
The article "Downsizing Illegal Immigration: A Strategy
of Attrition through Enforcement" by Mark Krikorian
discusses rationalizing illegal immigration by a strategy
of attrition through enforcement of immigration laws in
United States, This has two main policy implications.
After September 11, 2001 attacks, United States is concentrating
more and more on border security and particularly laws
relating to immigration. The author also highlights the
various laws, which have been enacted recently to reduce
the undocumented migrants.
The
article "Immigration Reform, National Security after
September 11, and the Future of North American Integration"
by Kevin R. Johnson and Bernard Trujillo focuses on the
consequences of international terrorism, and suggests
steps to improve legislative action, and the changes made
in immigration laws in US after September 11, 2001. Finally
the author highlights the related case laws and the role
of judiciary in terms of national security and public
safety.
The
article "Legal Lines in Shifting Sand: Immigration
Law and Human Rights in the Wake of September 11"
by Daniel Kanstroom focuses on the lines drawn between
citizen and non-citizen, war and peace, the civil and
criminal systems, as well as the US territorial protection.
The Bill of Rights and other parts of the Constitution
safeguard the life and liberty of non-citizens, and examine
the role of Government to implement immigration laws without
affecting human rights of non-citizens. The author highlights
related case laws, and the European Union legal system
in relation to human rights.
The
article "The Contribution of Legal Immigration to
the Social Security System" by Stuart Anderson focuses
on the Social Security Administration [SSA], and new legal
immigrants, who entered the United States, and their social
security benefits. SSA is one of the effective functions
of the Government. SSA Actuaries provide the data on the
impact on social security and different scenarios. According
to SSA, there are five legal immigration scenarios. For
each scenario, there are two ways to prevent the impact
of changing the level of legal immigration. The author
also presents the positive impact of legal immigration
on social security in the United States.