A Nation of Immigrants Considers Immigration Reform

On February 9, 2005, the House of Representatives began its first policy fight of the 109th congressional session. Republicans and Democrats vigorously debated The Real I.D. Act, causing concepts like security, freedom, history, states rights, and human rights to zing back and forth from one side of the aisle to the other.

The Real I.D. Act includes four provisions, each of which touches on a different aspect of immigration: asylum, deportation, border security, and identification.

Seeking asylum

The United States has traditionally offered refuge, or, asylum, to people suffering political and religious persecution by foreign governments. Currently, immigrants seeking asylum have to undergo a thorough evaluation process before they are legally admitted into the United States.

The Real I.D. Act would extend that procedure, requiring asylum applicants to have evidence that political, religious, race, or gender persecution was their central reason for fleeing their home country.

The bill would also provide immigration judges with more power to deny asylum seekers. For example, under the new law, a judge would be able to refuse asylum if she felt that an applicant’s courtroom demeanor was suspicious.

What Republicans say: Republicans argue that terrorists could abuse current asylum procedures to gain citizenship status. They say that judges need greater authority to refuse asylum seekers whom they find suspicious or threatening.

What Democrats say: Democrats claim that the asylum process already screens for terrorists and that the new law may cause judges to misinterpret cultural differences as dubious behavior. For example, the standards for eye contact and body language vary among cultures, and the bill would allow an American judge to dismiss an applicant because of misread facial expressions.

Deporting immigrants

In addition, the Real I.D. Act would make it easier to deport illegal immigrants by changing deportation laws to match entry laws.

Currently, it’s more difficult to deport someone than it is to deny him or her entry into the United States. The bill would allow for deportation of immigrants who are suspected of supporting terrorist groups, including organizations that the State Department has not identified as such.

What Republicans Say: During the debate, Republicans referred repeatedly to the September 11th attacks. They say that the bill is necessary to the war on terror and claim that illegal immigrants pose a serious threat to our national security.

What Democrats Say: Democrats claim that the bill renounces America’s history of welcoming immigrants. They say that the bill encourages the mistreatment of immigrants both illegal and legal and that security should not come at the expense of basic human rights.

Border security

The legislation would give the secretary of Homeland Security the power to build fences, walls, or other physical barriers along U.S. borders without consideration to existing laws.

This provision would aid the completion of a fence along the U.S./Mexico border near San Diego that has been delayed because it would cause environmental damage. The Real I.D. Act would allow Homeland Security Secretary to waive any environmental or labor laws that are slowing construction.

What Republicans say: Republicans in favor of the bill argue that border barriers are necessary to homeland security. They want to expedite the building of such barriers, which are prone to interference by environmental and immigrants’ rights groups.

What Democrats say: Democrats find it outrageous that Republicans would allow the Department of Homeland Security to ignore all state and federal laws in order to build walls.

Real I.D.

The highlight of the bill is a provision that would establish new standards for driver’s licenses and I.D. cards.

The legislation would require states to verify U.S. citizenship for every license and I.D. applicant. Applicants with temporary visas would be issued cards that expire along with their visas, a policy that would prevent foreign visitors who have extended their legal stay from having valid identification.

What Republicans say: Republicans argue that a faulty system has allowed terrorists to obtain valid identification that can be used to rent a car and get on an airplane. The 9/11 terrorists, for example, had a total of 13 driver’s licenses and 21 I.D.s among them.

What Democrats say: While Democrats have not argued against the new I.D. standards, they have called this provision an "unfunded mandate" -- when the federal government gives states an order without the funds to carry it out.

Democrats point out that states have had no input on the measure although the new law would cost them millions of dollars. Indeed, the Governor’s Association is against the bill because they feel that it violates states’ rights.

States’ rights

Historically, Republicans have been the champions of states’ rights, claiming that the federal government has no right to interfere in matters that states should decide for themselves - like the issuance of state I.D. cards. But during the Bush administration, Democrats have begun to advocate for states, saying that Republicans are violating the very principles that they used to defend.

It is debatable that The Real I.D. Act violates states rights, since I.D. cards are often used when people travel across state boundaries. But since the cost of the new law would fall on the states, Democrats say, states should help to direct the reforms.

The state of immigration

Immigration reforms will continue to be debated by the 109th Congress. In addition to The Real I.D. Act, President Bush has proposed a temporary workers program, which has only lukewarm support from Republicans. Many employers deliberately employ illegal immigrants for cheap labor. Should the government support illegal immigrants in order to help specific businesses, often in agriculture in western states?

As a nation of immigrants, debates over immigration reform often cut to the very heart of America -- our ideals, our aspirations, and our traditions. So we the people need to speak up! To tell your representatives how you feel about immigration reform, click here.

What do you think?

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Update Posted on: 2/18/2005