Nowadays, one needs only to to listen to the political buzz in order to ascertain what buzzwords are to play a key function how each party plans to yank the attention of their constituents. While “marriage” still stands in the spotlight, for the moment the country seems to have waned slightly in its apprehension concerning certain parts of the population being able to enjoy conjugal unions in order to look closely at the newcomer to the political straw man circle: the buzzword “immigration”.
Readers will not be surprised to notice that every time a social or political topic is pounced upon by politicians, said issue is often distorted beyond rational measure, with the principles behind the issue never making an appearance before the public eye.
Nowadays one hears casual conversation concerning the status of illegal immigration, reactions vary from the calm and collected to the loud and zealous (the more common of the two), on one side some advocate amnesty for immigrants who have been in the country illegally for some time, while others hold that the panacea politicians are reluctant to adopt is a completely hermetic border and the stop of all immigration.
And yet, with all the heated discussion about immigration there are two vital points that hardly anyone dares to discuss: One is the status of the immigration system itself, and the other is the precarious positions in which immigrants invariably find themselves trying to follow the aforementioned system to the best of their ability.
The average person is as familiar with the intricacies of the US immigration and naturalization process as he is with the concepts behind the process of thermonuclear fusion. Both are highly specialized subjects that require a great deal of knowledge to navigate safely, both must follow a sequence of events and conditions in order to reach a desired conclusion , but unlike the immigration process, nuclear fusion is bound to reality. An individual who wishes to immigrate into the United States will find himself in a position not unlike a tourist in a casino, where the odds are stacked against him by the house and his success is not so much dependant on his skill as it is on pure chance.
According to Immigration Attorney Shaun Shahmardian, the body of laws that make up the current system of immigration is a complicated and cumbersome mangrove thicket that owes its gordian proportions to constant partisan squabbling. A hypothetical example has the members of Party A perceiving a lull in the workforce in certain areas of industry. Party A wishes to increase the number of worker visas in order to fill the perceived lack of talent. However, Party B, acting on partisan politics, wishes to block the iniative and imposes the following condition: In order for said bill to be passed in full, Party A must include a provision in which only foreign nationals are allowed to be hired if no possible American citizen is available for that job (in order to satisfy the Unions, who wish to have an almost forceful control over who is allowed to be hired).
It is immaterial to Party B’s concerns whether the lull in the workforce is caused not by absence of people but absence of talent (i.e: there may be people who can do the job, but not people who can do the job well or on an outstanding level), their priorities are given to partisan squabbling and blocking, and their other political allegiances (without questioning whether or not said allegiances have the right to exert authority over the issue).
Faced with this scenario, Party A can capitulate and include the required amendment, or scrap their plan altogether. Then, in the future, when Party B comes up with an immigration reform or bill, Party A will move into the antagonist square and the dance will begin anew. This constant push and pull of political interests has resulted in new laws being passed that many times contradict or are in direct conflict with previous regulations, requiring deft consolidation and juggling in order to solve the conflict. The unfortunate result of this process of stacking legislation is a system so complex and cumbersome that it is a miracle that it does not entirely suffocate under its own weight.
The standard wait period of a U.S. citizen petitioning citizenship for their foreign child can now last up to eight years. A green card for a foreign national may take up to six years in processing. After obtaining a green card, the immigrant may be lucky to acquire his citizenship by the ninth cumulative year.
Because of all the different hoops and scrutiny immigrants are faced with, it is no wonder that many who arrive here on a student visa (which in itself is an expensive thing to acquire), tourist visa, or some other method, end up becoming illegal immigrants after their visa period has expired and they have not been able to secure a way by which they could gain permanent residence. It is not because they are unwilling to work difficult labors, quite the contrary, many immigrants are willing to do arduous labor, but unfortunately it is the aforementioned partisan chess games that make it difficult for migrant workers to do certain jobs legally: Regulations place a limit on the areas in which the foreigner can work, limiting the immigrant to work only in the fields in which he has a certifiable degree, placing no relevance on talent, skill or experience that is extrinsic from his area of academic specialization. While an American citizen is not beholden to stay within these narrow confines and may work equally as an agricultural worker or a vice-president (provided someone wants to hire him for either job), immigrants cannot stray from a narrowly-defined limit, no matter how much an American employer may wish to hire them.
In his April 2, 2006 article, Harry Binswanger of Capitalism Magazine wrote: “To forcibly exclude those who seek peacefully to trade value for value with us is a violation of the rights of both parties to such a trade: the rights of the American seller or employer and the rights of the foreign buyer or employee. Thus, immigration quotas treat both Americans and foreigners as if they were criminals, as if the peaceful exchange of values to mutual benefit were an act of destruction.”
Binswanger is referring to the government regulations that dictate who an American employer is allowed to hire. Shahmardian spoke of several cases in which desperate employers had called him, seeking advice. Very often employers will have foreign workers that they value highly and who they consider to be real assets in their business.
The scene varies from construction work to retail or privately owned stores, but the story is always the same: Due to government immigration regulations, the business owner or employer is incapable of granting legal status to their workers in order to keep them in the country and under their employment. It is hard to believe that in a capitalist society an employer is not empowered to hire whomever he wishes to hire, but rather finds himself facing immigration quotas and union quotas -the unions claim that immigrant workers steal their jobs, while refusing to acknowledge the fact that in order to have something stolen from you, you must first possess it!
Shahmardian observed that the general belief that many employers resort to illegal immigrants for work in order to save money proves to be false in the majority of cases. He knows of an exhaustive list of employers who have illegal immigrants in their work forces and who spend copious amounts of money on their welfare- in one case, the worker’s wife fell ill with cancer and since neither she nor her husband could qualify for work medical insurance, the employer himself footed the bill for chemotherapy sessions and hospitalization.
There are many cases like these, in which the employers will spend more than they’d normally have to because they value their employees and do not wish to see them go.
Binswanger points out the core of the issue in his article: “If the fear is of non-working immigrants, why is the pending legislation aimed at employers of immigrants?”
One thing to keep in mind, adds Shahmardian, is that just like any population anywhere, there are corrupt and criminal immigrants, and there are good, honest and hardworking immigrants, no different from what one might find within the native composition of the country itself. Nevertheless, the current political climate is creating an ever-growing sense of xenophobia, to the point that some Americans would rather do away with immigration altogether.
It may seem shocking to hear anti-immigration rhetoric in a country that, more than any other country in the history of the modern world, has reaped great benefits from those who have sought a new life on its shores. Nevertheless the anti-immigration sentiment is strong and it is rooted in the conception that being an American and staying in America is not a right, but a privilege. But to be accurate, it is neither… as it currently stands, the status of citizenship is granted in accordance to two congenital factors: geographic location and the citizenship status of one’s parents. Later it can be acquired through heterosexual marriage (gays and lesbians are denied the rights to be sponsored by their partners, as their unions are not approved by the federal government) or through the daunting process of work visas and other similar processes.
Those who would claim that American citizenship should be birth-bound are, in fact, the ones who understand America the least. The ideology of this country was founded upon the rejection of monarchy, tyranny and oppression, discarding all notions that some mystical, authoritarian element was carried over through bloodlines and down family lineage. It sought, instead, to uphold the ideal of achievement, that those who were willing to work, diligent, honest and with integrity, would someday reap the fruits of their labor, and be free of all oppression, to seek ultimate contentment and fulfillment within the goals they have established. This is known as the pursuit of happiness.
It is under this principle that immigrants such as Alexander Hamilton, Alexander Graham Bell, Andrew Carnegie, Albert Einstein, Ayn Rand , Igor Sikorsky, Arthur Rubinstein, Bob Hope, An Wang, and many others, forged their paths and enriched America as a country for having had them. Isn’t citizenship, then, best given to those who strive to live by the principles and ideology of this land, entering into an ideological commitment that is reflected in a lifestyle of achievement and freedom, rather than just reserve this status for a new breed of genetic aristocracy, who will not necessarily work towards preserving these ideals?
“Because our government is reactionary,” says Shahmardian, “we usually wait until the issue becomes a problem to do something about it.” Instead of creating a comprehensive and fair immigration system in lieu of the current Rube Goldberg-esque machine, the government merely tacks on new reforms, adding a new floor to the Tower of Babel.
As of December 15th 2009, The White House announced for the second time that the highly anticipated meeting to launch the Congressional effort for comprehensive immigration reform had been postponed with an assurance by an unnamed White house official that the meeting will happen soon. On December 16th representative Gutierrez introduced a bill that proposes immigration reform.
What will happen next is yet to be seen: If Washington simply contents itself to continue adding floors to the INS madhouse instead of striving to scrap the system and put a principled system in its place, a lot of deserving Americans will never get to call this country theirs, and that is perhaps one of the saddest tragedies, and one that the majority of the soundbite-tossing world of politics will not even notice.