Immigration
Mr. Gard has been engaged in the
practice of immigration law since 1977. He is a frequent
writer and lecturer in the field of immigration law. Mr. Gard is a
member of the American
Immigration Lawyers Association and has served that professional
organization as a Chapter
Chair of the Greater Chicago Chapter, and as a Director.
Written questions may be submitted to Mr. Gard.
At his discretion, selected questions or issues may be addressed in
subsequent articles. Mr.
Gard is available for appointments for consultation in immigration
law-related matters at 205
N. Michigan Ave. 40th flr, Chicago, Illinois 60601, Telephone: (312)
832-9200, ext. 102; FAX:
(312) 353-6102; e-mail:rgard@azulayseiden.com
; website: www.azulayseiden.com
With the Obama Administration About to
Take-on the Issues Relating to Comprehensive Immigration Reform
(“CIR”), Here are a Few Talking Points to Meet the Opposition:
OK folks, let’s try this Comprehensive Immigration Reform (“CIR”) thing
again. Maybe the third time (or is it the fourth time, it’s easy to
lose count of losses) will be a charm. Gird your loins for the high
volume screaming of the hysterical Nativists, because they are gearing
up for a real fight this time. The reason they scream like a
telemarketing commercial by the late pitchman, Billy Mays, is because
they have something to sell you. Their best-selling product is fear,
and they have become practiced salesmen. That doesn’t mean that we must
buy the myth-based product they are pushing. So let’s set the mythical
pins up and then knock them down, courtesy of the Immigration Policy
Center, the research and policy arm of the American Immigration
Council. The American Immigration Council (formerly the American
Immigration Law Foundation) was established in 1987 as a tax-exempt,
not-for-profit educational, charitable organization by the leaders of
the American Immigration Lawyers Association (AILA). The Council is
dedicated to changing how Americans think and act towards immigrants
and to advancing fundamental fairness and due process under the law for
immigrants.
MYTH: Most Americans Don't Want CIR! The economic downturn has a lot of
people murmuring that now is not the right time for CIR. But, the
opinion polls show otherwise. Before you throw your hands up in defeat
when you hear someone repeat this myth, consider responding with these
quick mythbusting facts!
FACT: By consistently strong majorities, Americans want a fair, common
sense plan to fix our broken immigration system. In 2009 as in previous
years, voters want the President and Congress to advance an immigration
plan that legalizes the undocumented workforce and requires them to pay
taxes; levels the playing field for workers and employers; and restores
the rule of law. The same was true in the run-up to the 2008 elections,
when swing voters chose candidates who offered practical solutions to
the broken immigration system over those who offered just empty
rhetoric.
FACT: 71% of Voters Preferred That Illegal Immigrants Become Legal
Taxpayers. An overwhelming margin of voters, 71% to 26% believed that
illegal immigrants should take steps to become legal taxpayers. 71% of
respondents also believe that those illegal immigrants should not be
forced to leave and were not responsible for taking American jobs.
[America’s Voice, Benenson Strategy Group Poll, 5/14/09]
FACT: Majority of Democrats, Republicans, Independents, Moderates, and
Conservatives Supported Legalization. The Washington Post polling
showed that support for legalization of undocumented immigrants was
high despite political affiliation. 70% of liberals, 68% of Democrats,
and 59% Republicans and Independents alike supported an amnesty
program. [ABC News, 4/30/09]
MYTH: Immigrants increase the rate of crime and make our cities more
dangerous
FACT: Robert J. Sampson, Chair of the Sociology Department at Harvard
University, writes in the Winter 2008 edition of the American
Sociological Association's Contexts magazine, that "immigration-even if
illegal-is associated with lower crime rates in most disadvantaged
urban neighborhoods." Sampson draws in particular on his years of
fieldwork in 180 Chicago neighborhoods, as well as police records, to
conclude that "first-generation immigrants (those born outside the
United States) were 45-percent less likely to commit violence than
third-generation Americans, adjusting for individual, family, and
neighborhood background."
FACT: Rubén G. Rumbaut, Professor of Sociology at the University of
California, Irvine, and co-author of the IPC study which CIS attempts
to debunk, describes the many sources of data which dispel the myth of
immigrant criminality. Writing in an April 2009 report from the Police
Foundation, Rumbaut observes that "both contemporary and historical
studies, including official crime statistics and victimization surveys
since the early 1990s, data from the last three decennial censuses,
national and regional surveys in areas of immigrant concentration, and
investigations carried out by major government commissions over the
past century, have shown instead that immigration is associated with
lower crime rates and lower incarceration rates."
FACT: The July 6, 2009, edition of the conservative magazine Reason
features an article entitled "The El Paso Miracle ," which notes that
"by conventional wisdom, El Paso, Texas should be one of the scariest
cities in America" given its poverty, its large population of
less-educated immigrants (many of whom are unauthorized), and its
location just across the border from the "super-violent" Mexican city
Ciudad Juarez. Yet El Paso "is one of the safest big cities in
America." The article observes that this "may not be an anomaly at all.
Many criminologists say El Paso isn't safe despite its high proportion
of immigrants, it's safe because of them."
MYTH: Immigration is a Drain on the Economy and a Threat to Native-Born
Workers
FACT: The truth is just the opposite. As documented by the Fiscal
Policy Institute, immigration has, in fact, been a vital force in the
American economy. Even in tough times, immigrants boost or replenish
the labor pool and inject entrepreneurial energy that opens businesses
and creates jobs. Using data from the Census Bureau, the report looks
at 25 major cities, from Los Angeles to New York to Miami to Seattle,
and proves that immigrants more than pull their weight.
In New York - including suburbs - immigrants make up 28% of the
population and are responsible for 28% of the economic activity. Miami
is 37% immigrants; they produce 38% of that's city economic output. In
L.A., the numbers are 35% and 34%. The pattern holds even for smaller
cities such as Cincinnati and Minneapolis. With the 25 cities providing
half of the U.S. gross domestic product, even in tough economic times
immigrants contribute mightily to the well-being of their adopted
country.
The report found that immigrants are more likely than their U.S.-born
counterparts to be of working age, defined as 16 to 64. While they make
up 20% of the people in those 25 big cities, they compose 24% of the
labor force. And work they do, in high-end and low-paying jobs and
everything in between. One-fourth are managers or professionals -
executives, doctors, attorneys, engineers, teachers, artists. Another
quarter are in technical, sales and administrative support. Twenty-one
percent hold service jobs, ranging from cleaners and guards to cops and
firefighters. Some 30% are blue-collar workers. Beyond that, 22% of the
money brought in by people who own their own businesses was earned by
immigrants. In some small cities like Pittsburgh and Cleveland, the
immigrants' share of proprietors' income was double their proportion in
the population. Actually, a newly released study by the Immigration
Policy Center confirms that immigrants are not responsible for job
losses among Americans. In fact, there is no real displacement
relationship between the inflow of immigrant workers and native-born
employment. This confirms earlier studies by CATO Institute, the
National Immigration Law Center, and the Pew Hispanic Center, which
arrived at similar conclusions. Earlier this year, the Black
Immigration Network also dispelled myths about the negative
consequences of immigration on African Americans. Even former
Chairperson of the Federal Reserve, Alan Greenspan, has testified in
Congress that actual estimated wage suppression and fiscal costs are
relatively small and illegal immigration has made significant
contribution to the growth of the American economy.
Even though the number of legal and illegal immigrants in the United
States has risen strongly since the early 1990s, the size of the
economic underclass has not. In fact, by several measures the number of
Americans living on the bottom rungs of the economic ladder has been in
a long-term decline, even as the number of immigrants continues to
climb. Other indicators associated with the underclass, such as the
crime rate, have also shown improvement. The inflow of low-skilled
immigrants may even be playing a positive role in pushing native-born
Americans up the skills and income ladder.
The arrival of low-skilled, foreign-born workers in the labor force
increases the incentives for younger native-born Americans to stay in
school and for older workers to upgrade their skills. Because they
compete directly with the lowest-skilled Americans, low-skilled
immigrants do exert mild downward pressure on the wages of the
lowest-paid American workers. But the addition of low-skilled
immigrants also expands the size of the overall economy, creating
openings in higher-paid occupations such as managers, skilled
craftsmen, and accountants. The result is a greater financial reward
for finishing high school and for acquiring additional job skills.
Immigration of low-skilled workers motivates Americans, who might
otherwise languish in the underclass, to acquire the education and
skills necessary so they are not competing directly with foreign-born
workers. The shrinking of the native-born underclass contradicts the
argument that low-skilled immigration is particularly harmful to
African-Americans, who are disproportionately represented in the
underclass. By each of the three measures above—poverty, income, and
educational attainment—the number of black American households and
individuals in the underclass has been declining. Native-born blacks
have been moving up along with other native-born Americans as
immigrants have been moving in.
Clearly, the larger the number of immigrants, the greater the economic
activity. But the reverse is also true. Shutting the borders and
throwing out those who have built productive lives here would do untold
damage to the country. Maintaining the United States as an
immigrant-friendly nation is essential to our economic health.
COPYRIGHT BY AUTHOR -- 2009
This article is designed to provide
accurate and authoritative information in regard to the subject matter
covered. It is published and distributed with the understanding that
the publisher is not engaged in rendering legal, accounting or other
professional service. It is submitted for publication by the
author with the understanding that each individual case is different,
and this article is not a formal legal opinion and should not be relied
upon as advice by the author in a particular legal situation.









