The Hill (Op-Ed)
By Ingrid Schroeder
August 11, 2015
This
year marks the 50th anniversary of the Immigration and Nationality Act
of 1965, which was a critical milestone in shaping our immigration
system as it exists today.
For more than a decade, there have been debates in Congress about
modernizing the system to meet current realities and challenges. Yet,
despite these efforts, federal immigration reform is no closer to
enactment.
The
immigration debate is relevant not only at the national level and in
California, Texas and other border states. Over the past 25 years, the
immigrant population has
increased and spread across the country. Because of these changing
demographics, immigration policy is now relevant to all 50 states, and
understanding the local experience can inform a badly needed fact-based
discussion about federal policies.
In
1990, the foreign-born population was 19.8 million, or 7.9 percent, of
U.S. residents, with nearly three out of four immigrants (73 percent)
living in California, Florida,
Illinois, New Jersey, New York or Texas. By 2012, however, immigrants
made up approximately 13 percent of the overall population, approaching
the historical high set around the start of the 20th century.
States
as varied as Nevada, North Carolina and Washington have experienced
large growth in their foreign-born populations, and a close look at the
local level shows an
even more dramatic picture. Between 1990 and 2012, 87 percent of U.S.
counties experienced an increase in the immigrant share of their adult
populations, while about 20 percent saw declines in their U.S.-born
populations.
Because
of these demographic shifts, federal actions on immigration policy
reverberate in state capitals across the country, as well as in numerous
city halls and county
offices. For example, in 2012, the president created an initiative to
allow certain young people to avoid deportation for a specific amount of
time if they were brought to this country as children. State and local
governments found themselves playing major
roles in implementing the program, including outreach, documentation,
education and protection from fraudulent legal service providers, often
at their own initiative and cost. Although the president announced
expansion of the program in November 2014, it faces
a challenge in federal court and has not been implemented.
Other
changes the president announced in 2014 are moving forward, four of
which will require the federal government and states to work together in
new ways:
The
federal government is collaborating with state and local governments to
launch a campaign to provide information on U.S. citizenship and the
naturalization process.
According to the latest available estimates from the Department of
Homeland Security's Office of Immigration Statistics, approximately 8.8
million legal permanent residents are eligible for naturalization.
The
White House Task Force on New Americans issued a report in April
outlining how the federal government will work with state and local
officials to identify best practices
for integrating immigrants into communities and to consider how to
expand and replicate them.
The
federal government is consulting with state and local business and
labor leaders, public officials, and others to develop recommendations
to streamline and improve
the legal immigration system.
State
and local law enforcement agencies will continue to share information
about arrestees with federal immigration officials, but as of January,
the federal government's
immigration enforcement priorities are directing enforcement officers
to focus their efforts on those who pose threats to national security
and public safety, as well as individuals convicted of crimes, including
some misdemeanors.
Even
as these changes are being rolled out, states have taken additional
action on their own. As of July, 20 states have made the federal
voluntary E-Verify system, which
confirms employees' authorization to work in the U.S., mandatory for
all or some employers. Ten states and the District of Columbia currently
issue driver's licenses (or alternative driving documents) to
unauthorized immigrants. At least four states have created
integration offices to coordinate the state's immigration activities
and promote economic development and naturalization, and others have
cracked down on fraudulent immigration legal service providers. To an
extent not seen in decades, states are playing a
key role in immigration policy, which has traditionally been seen as a
federal issue.
As
Congress and the Obama administration discuss how they might change the
immigration system at the federal level, we all need to consider the
implications of shifting
demographics and the variety of actions state and local governments are
taking. Now is the time to seize the opportunity for a full discussion
about how federal, state and local governments all play a role in
immigration policy.
For more information, go to: www.beverlyhillsimmigrationlaw.com
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