Nation of Immigrators - A public policy blog on America’s dysfunctional immigration system

Is there something in the water? Has the frenzied focus on immigration enforcement prevailed over the rule of law? Here's my sample bill of particulars:

• Congress gives the Secretary of Homeland Security authority to waive environmental and all other laws that stand in his way in building the fence that will go nowhere, i.e., as the Secretary acknowledges, will not be a cure-all in stopping the centuries-old cross border traffic (which all but begs for a legal way to manage the flow);
• The Federal District Court in Iowa, announcing in a press release the dispatch of Federal Judges to Waterloo, Iowa, for the criminal prosecution of "illegal aliens," seems to forget about the presumption that all defendants are considered innocent until proven guilty;
• The same Federal Court is reportedly assigning appointed defense counsel up to 10 cases per lawyer and conducting mass hearings, thus making it impossible for the defense lawyers to conduct a meaningful defense and for the defendants to receive a fair trial;
• Federal law enforcement authorities were reportedly aware of an Iowa state investigation into alleged child labor law violations at the Pittsfield, Iowa Agriprocessors plant, but wilfully interfered by conducting the raid and arresting and detaining several children (including a 13-year-old) who were prepared to testify about child labor abuses.

To be sure, no one believes we should turn a blind eye to violations of the immigration laws. Rather, we should temper this zeal for an immigration-enforcement-at-all-cost policy with a dose of respect for the rule of other laws too.

Gigabytes of platitudes have spewn forth from the anti-immigration cabal in Congress about their self-proclaimed respect for foreign citizens who wait patiently in line and play by the rules. The law-abiding folks from other countries -- those with work visas or green cards who pay U.S. taxes and those living abroad whose spouses are in the U.S. military -- aren't buying the blather.

In fact, despite the economic stimulus checks now being sent out, these benighted folks aren't buying much of anything. That's because Congress has denied them their rebate, even though they've paid U.S. taxes, by requiring a Social Security Number for every household member. The problem is that IRS gladly accepts tax payments from law-abiding foreign citizens and issues them a "taxpayer identification number" or "TIN" but the Social Security Administration (SSA) refuses to issue them a Social Security Number.

So, by Congressional decree and SSA fiat, these folks who "wait patiently" and "play by the rules" will be cheated out of the $1,200 rebate for a married couple and the $300 per-child rebate. Obviously, if they play by Congress' rules, they'd better be patient because they'll be waiting a very long time for that phantom rebate.

Has it come to this? Foreseeable panic spreads when U.S. Immigration and Customs Enforcement (ICE) officers enter neighborhoods near schools. City and school officials in Oakland and Berkeley California have their hands full calming the frayed nerves of children in panic.

When will ICE learn to temper its power with common sense? America has many problems: poverty, lack of health care, an economy toppling into recession, a crumbling infrastructure, an over-stretched military, food and gas inflation, pollution, to name but a few. Must our government add to the pain by scaring our children?

ICE should chill for now. Let the next President and the forthcoming Congress have a chance to lead the charge for immigration reform, rather than unleash an overzealous police agency to spread panic in the land.

Our immigration policy hurts more than helps. Just one example is the way we treat incoming foreign students. Dr. Allan E. Goodman, President/CEO of the Institute of International Education, made the point vividly in recent testimony before the House Committee on Science and Technology (Subcommittee on Research and Science Education):

We can all imagine how circumstances might impact international students coming to the United States. Many of us have helped our own children negotiate entering college and understand that it can be a time of great anticipation and excitement but also nervousness and trepidation for young people . . . . [I]magine the incredible fortitude, drive and courage to leave your home country, fly to the United States, navigate the non-immigrant visa review and border entry processes and enter an institution of higher learning here in America.

. . . . All too often we hear of unpleasant and extremely harassing treatment of incoming students and scholars, particularly of those who come from the Middle East or whose name identifies them as an adherent of Islam. Sometimes the [Department of Homeland Security border] inspector does not appear to understand the process by which international students are admitted to our colleges and universities, and end up questioning the student about issues that have already been decided by the visa-granting [U.S. consular] officer back in the home country.

This treatment can be particularly intimidating for students who may be traveling abroad for the very first time and who may be confused of what is being asked of them. Some students hail from countries or cultures where figures of authority are never questioned or talked to – even if trying to clarify a request or order. And, of course, there are cultural or religious issues to be bridged. For instance, some Muslim women are not allowed to talk to men outside their family. Some cultures do not encourage direct eye contact with strangers, and hence the student may appear evasive or non-forthcoming in responding.