Political Science 61 / Chicano/Latino Studies 64 November 27, 2007 Immigration Reform, the Immigrant Response, and Race/Ethnic Coalitional Politics Political Science 61 / Chicano/Latino Studies 64 November 27, 2007

Immigration “Reform:” Historical Perspectives Periods of Congressional “reform” 1798 – Alien and Sedition Acts 1850s – the “Know Nothings” 1880s – Chinese exclusion 1880s-1910s – Excluding categories of immigrants by behavioral traits or beliefs / narrowing naturalization 1910s-1920s – Literacy tests and National Origin Quotas 1965 – Ended national origin quotas 1986 – Employer sanctions and legalization 1990s – Limiting rights of immigrants and more rapid exclusion

What do These Periods of “Reform” Have in Common? Generally, they narrowed immigration opportunities Exceptions – 1850s (no change), 1965 (ended National Origin quotas), and, possibly, 1986 (legalization) Responded to period of mass organizing and state efforts to change (restrict) immigration Ongoing tension in American politics Economic and ethnic interests seeking immigrants Cultural conservatives and organized labor fearing the changes they bring “Reform” generally took a number of years because of competing societal interests

Contemporary Debates 1970s-1980s 1990s 2000 and beyond Fear of unauthorized migrants 1990s Cost of immigrant incorporation and who should pay (states or national government) Raising the bar for legal immigration 2000 and beyond Immigration and national security (post-9/11) Growing concern about numbers of immigrants, authorized and unauthorized

Native Response Increasingly Targets Unauthorized Migration Unauthorized at core of debates in Congress today Restriction (walls, workplace enforcement, denial of benefits) “Guest workers” – Assumption that unauthorized migrants just come to work and will go home Legalization – Recognition that most unauthorized migrants won’t leave voluntarily Why is this the focus? Size of unauthorized population – 11-12 million Geographic dispersion Hourglass/service economy

Unauthorized Migration by State, 2000 and 2005 Source: Office of Immigration Statistics, 2006

Background to Contemporary Debate: IRCA (1986) Response to fear of “12 million illegal immigrants” published in 1976 Three part “reform” Legalization Employer sanctions “Replacement” agricultural labor Of these, First worked well Second rarely enforced Third not implemented

Current Debates, Part 1 Bush proposal (2004) Guest workers/enforcement House bill – HR 4437 (passed 2005) Fence/enforcement Unauthorized status a felony Employer penalties Authorizes use of the military to enforce immigration law No guest worker program or legalization

Current Debates, Part 2 U.S. Senate – S 2601 (2006) Added interior and border enforcement Path to permanent residence for unauthorized migrants who had resided in the U.S. for five years Three year temporary residence for unauthorized migrants who had resided in U.S. for 2 to 5 years, then path to permanent residence with return to country of origin Temporary worker visa – up to 6 years, with ultimate path to permanent residence Overall cap on legal immigration (2007-2016)

Current Debates, Part 3 2007 Senate Bill – S. 1348 Border security and triggers Border patrol doubled to 28,000 Fence (370 miles built) Fraud proof id Legalization – “Z visa” Fees and fines Eight to nine year wait for permanent residence Temporary workers After triggers, at least 400,000 annually No path to permanent residence New basis for immigration to permanent residence

2006-2007 Result in Congress – Stalemate 2006 – Strong support in each house for its bill Recognition that there would be no compromise 2007 – Senate unable to overcome filibuster Bush administration did little to resolve Continued to advocate guest worker program 2008 race makes debate unlikely until at least 2009 Smaller legalizations – DREAM Act – could not be debated individually

Issues to be Resolved New enforcement provisions Does enforcement have to appear successful before legalization kicks in? Legalization eligibility (years of residence) Fines/taxes Touchback – do immigrants have to return to their country of origin to legalize? Minimum years of residence Length of temporary residence prior to permanent residence New guest worker program Does this lead to permanent residence?

Big New Issue Introduced in 2007 Change to foundations in legal immigration (change to foundations of 1965 Immigration Bill) “Point system” Rewards for education, job skills and English-speaking ability Will reduce visas for family unification

Can Compromise Be Reached? Eventually, yes Concerns in the electorate will keep the issue on the table Some new members of Congress will owe their elections to popular immigration concerns (both pro and con) Current Efforts to push legislation (big and small) in Senate in 2007 have failed multiple times Anti-immigrant forces number 100 in the House and 30-35 in the Senate – not open to any bill with legalization Bush has little political capital (and isn’t using what he has) Unlikely to be debated in 2008

Public Offers Little (and Conflicting) Guide to Legislators Mass opinion divided Immigrant protests added a voice to the debate, but not sufficiently influential to shape outcomes Elite/business interests may see status quo as better than more restrictions Partisan division on importance of issue that hardens representatives positions in House and Senate

Partisan Divide, Importance of Immigration, 2007 Source: Wall Street Journal, November 19, 2007

Public Opinion General pattern – unfocused, internally contradictory, and highly responsive to the way the question is asked Immigration at current levels too high, but immigrants are an asset Opposition to unauthorized migration, support for increasing barriers to unauthorized migration, and support for a path to legal residence Patterns unchanged by 2006 protests Overall, protestors viewed unfavorably by twice as many as view them favorably

Group that Did See Some Change – Latino U.S. Citizens Historically, Latino U.S. citizens have had arms-length relationship with Latino immigrants Immigrant protests reminded Latino U.S. citizens of their immigrant roots More than half supported legalization Rates of support declined somewhat in months after protests Immigration/immigrant rights not top important issue for Latino voters

Question for Next Time Who naturalizes and why?