1. 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

2. 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

3. 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

4. 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

5. 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 – million
Geographic dispersion
Hourglass/service economy

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

7. 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

9. 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

10. 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 ( )

11. 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

12. 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

13. 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?

14. 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

15. 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 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

16. 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

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

18. 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

19. 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

20. Question for Next Time
Who naturalizes and why?