Reforming the US Immigration Regime: A Policy Memo
Questions
Based on “Reforming the US Immigration Regime” case study: address the following In a 1 to 2 page policy memo:
1. Provide a brief history of the issue (only 2-3 paragraphs)-highlighting key points
2. Describe the 2013 attempt to reform U.S. immigration policy-highlighting the key points.
3. Be sure to address how the problem was defined in 2013 (not just from the perspective of the gang of 8 but from other relevant stakeholders as well. Remember to clearly identify the relevant stakeholders or groups of stakeholders and how they defined the problem so as to illustrate the variation in problem definition.
Answer
1. Introduction
The first formal immigration act was passed in 1910. This act established the Bureau of Immigration, which provided for the examination and inspection of arriving immigrants. It also codified for the first time the deportation of immigrants and the exclusion of ‘undesirable’ persons. Over the years, various laws have been implemented in the name of immigration reform. These laws are often seen to have expanded the United States’ power of deportation and exclusion. For example, the National Origins Quota of 1924 provided that the number of immigrant visas available in each nationality class in a year could not exceed 2% of the number of foreign-born individuals of that nationality resident in the United States in 1890. Such legislation further entrenched the inequalities in immigration visas that existed at the time. The roots of the current deportation and exclusion regime lie, as some scholars describe it, in the 1965 Immigration and Nationality Act. This act got rid of the highly exclusionary national origins quota system that was in place and instead focused on immigrants’ skills and family relationships with citizens or residents of the United States. However, it also made a distinction between ‘immigrants’ and ‘nonimmigrants’, whereby immigrants are classed as those admitted for permanent residence and nonimmigrants refer to those admitted for a temporary period of time. This act has been subject to numerous amendments over the years, often to change its preference system.
1.1 Brief History of the Issue
The United States continues to enforce its immigration laws, which regulate both the flow of aliens into the country and their subsequent activities. As any reader of this memo knows, immigration and immigration reform has been a hot topic of debate in the United States for many years. Congressional interest in immigration legislation is unwavering and complex compared to the interest in other topics, such as defense or welfare reform. The fact that members of Congress have introduced immigration bills in every Congress (typically multiple bills on the same topics) since the 1980s serves as more symbolic of the issue’s salience and complexity. Although IRCA is technically still alive, it has been distorted by subsequent legislation, most notably the Welfare Reform Act and the 1996 Anti-Terrorism and Effective Death Penalty Act. This has contributed to the tension that exists when immigration reform is discussed. Additionally, because “impending regulatory changes” or “changes in health care eligibility standards” have provided automatic triggers for its repeal restrictions on alien eligibility. However, this did not come to pass because of the higher standard of judicial review of statutes that completely bar court review of deportation orders. Such review restrictions, while not defining what is meant by reviewing “deportation orders,” are interpreted to prevent judicial review of the statutory scheme as a whole as opposed to merely review of specific orders. This restriction on judicial review would have been mooted by the new judicial review process in IRCA.
1.1.1 Early Immigration Policies
1.1.2 Impact of Major Immigration Acts
2. The 2013 Attempt to Reform U.S. Immigration Policy
2.1 Overview of the Reform Effort
2.2 Key Points of the Proposed Legislation
2.2.1 Pathway to Citizenship
2.2.2 Border Security Measures
2.2.3 Employment Verification System
2.3 Opposition and Controversies
3. Problem Definition in 2013
3.1 Perspectives of the Gang of 8
3.1.1 Gang of 8’s Definition of the Problem
3.1.2 Proposed Solutions by the Gang of 8
3.2 Perspectives of Relevant Stakeholders
3.2.1 Business Community’s Definition of the Problem
3.2.2 Labor Unions’ Definition of the Problem
3.2.3 Immigrant Advocacy Groups’ Definition of the Problem
3.2.4 Conservative Groups’ Definition of the Problem
3.2.5 Democratic Party’s Definition of the Problem
3.2.6 Republican Party’s Definition of the Problem
3.2.7 Public Opinion on the Immigration Issue
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