Toward Immigration Reform

SPECIAL SECTION TOWARD IMMIGRATION decade ago, California voters passed a Assistance for Needy Families (TANF). Although referendum measure that would have U.S. Bishops Congress, recognizing that it had gone too far in denied publicly financed health care to this legislation, has since restored some of these people, including children and the elder Are Calling critical programs to some immigrants, for the lyA, who did not have proper immigration docu most part, immigrants do not currently have ments.* Though later overturned by the courts, access to the very safety net benefits that are sup this public expression against undocumented for Justice ported by their taxes, simply because they are not people—and immigrants in general—provided a citizens or legal residents. preview of a growing anti-immigrant sentiment The other law enacted that year that had a taking hold in the country. for Foreign- detrimental impact on immigrants was the Illegal Between 1965 and 1996, U.S. immigration Immigration Reform and Immigrant Responsi policy derived from the politics of expansion and Born People bility Act of 1996. This measure has been charac inclusion, resulting in increased numbers of terized as "one of the most sweeping changes in immigrants and refugees coming to the United immigration law in American history."' It contains States. In 1996, however, this trend came to a Who provisions designed to strengthen penalties dramatic halt. Driven by a politics of restriction against undocumented people and those who and exclusion, Congress that year passed two attempt to enter the country on fraudulent pieces of legislation that had far-reaching reper Emigrate grounds. However, the effect of the law also cussions for immigrants in the United States. The harms citizens and lawful permanent residents, as Personal Responsibility and Work Opportunity well as some who seek asylum in this country for Reconciliation Act of 1996 altered the way immi to This fear of persecution in their home countries. This grants are treated when it comes to having access law greatly expanded border enforcement, stiff to the basic "safety net" that all Americans rely ened penalties for illegal entry, authorized "expe on from time to time. This law denied immi Country ditious removal" of aliens without recourse to grants (regardless of their ability to work) nutri judicial review, eliminated due-process rights, and tional and medical safety net programs, such as BY MARK FRANKEN expanded the use of detention for asylum seekers Supplementary Security Income (SSI), food and people under orders of deportation. stamps, Medicaid, the State Children's Health Last spring, some members of Congress once Insurance Program (SCHIP), and Temporary again turned a restrictionist eye on immigrants. On May 18, 2004, the U.S. House of Repre sentatives defeated legislation introduced by Rep. Dana Rohrabachcr (R-CA) under the title Undocumented Alien Emergency Medical Assistance Amendments of 2004. This bill would 11 have required hospitals to report to the U.S. r Department of Homeland Security the names, V i 1 1 1 Mr. Franken is executive direc- immigrant statuses, employers, and financial data wm 1 tor, Migration and R efuqee Services, U.S.A Conference of Catholic Bishops, Washington, DC. *California's Proposition 187 was approved in 1994. 14 • JANUARY - FEBRUARY 2005 HEALTH PROGRESS SPECIAL SECTION of undocumented patients they treated. Failure to in rather large numbers. comply could have resulted in the loss of federal In 1990, according to the census, 19.8 million funds to compensate for those patients' care. people living in die United States had been born in A regulation recently proposed by the Centers another country. That figure represented about 8 for Medicare & Medicaid Services would have percent of the total U.S. population. By 2000, 28.4 required hospitals that receive federal funds for million U.S. residents were foreign bom—about 11 the uncompensated care of undocumented per percent of the population. During the 1990s, sons to ask patients about their legal status before immigrants constituted 41 percent of the nation's treating them.2 The proposal was rescinded after population growth. This latest flow of immigrants, strenuous protests from the health care commu estimated to be approximately 13.65 million nity and others. The between 1990 and 2000, represented the largest Throughout our nation's history, despite the number of immigrants in any single decade of U.S. tact that we are a people primarily derived from history, exceeding in numbers even the "Great 3 the immigrant experience, we have been ambiva immigration Wave of Immigration" between 1890 and 1910. lent about immigration. In times of economic More significant than the total number of immi downturn, we tend to become restrictionists, see wave of 1990- grants, however, has been their dispersion. The ing immigrants as potential threats to our finan 1990 census revealed that there were just over cial security and competitors for what we perceive 2000 was the 115,000 foreign-born people in North Carolina. as scarce resources. On the other hand, in robust By 2000, the population of foreign-born residents economic times, we see in the immigrants essen greatest of any of that state had grown to 430,000, a 273.7 per tial sources of labor to fuel our economic growth. cent increase. Georgia's foreign-born population The U.S. economy continues to influence our decade in U.S. during this period grew by 233 percent. Nevada attitudes, but today other forces seem to be more saw its foreign-born population grow by more at play in shaping how we perceive immigrants and than 200 percent and Arkansas went from 24,867 immigration. Perhaps two of the more influential history. foreign-bom residents in 1990 to 73,690 in 2000, forces at work are the contemporary demographics a 196.3 percent increase. In general, the South saw- of immigration and post-9/11 security concerns. its population of foreign-bom people increase by 88 percent between 1990 and 2000, whereas the THE DEMOGRAPHICS OF IMMIGRATION Northeast (a traditional immigration venue) saw a In earlier times, immigrants tended to settle, at growth of only 38 percent. least initially, in states with major port cities, such The 2000 census also indicated that there were as New York, California, Texas, Florida, and 7.5 million people in the country without proper Illinois. In recent times, however, newly arrived immigration documentation. Other authorities immigrants are, lured by job opportunities, set place the number of undocumented at between 8 tling in virtually every location of the country and million and 10 million.4 In any event, between SUMMARY For the most part, immigrants in the United States do not have and migrants. In Ecclesia in America, Pope John Paul II states access to the very safety-net benefits supported by their taxes, that the ultimate solution to illegal immigration is the elimina nor to essential due-process rights, simply because they are tion of global underdevelopment and that, in the meantime, not citizens or legal residents. Contemporary demographics of the human rights of all migrants must be respected. immigration and post-9/11 security concerns have colored our In 2003, the bishops of Mexico and the United States jointly traditional hospitality as a nation of immigrants and made life issued the pastoral letter Strangers No Longer: Together on more difficult for immigrants. the Journey of Hope. In this letter, the bishops say that U.S. The Catholic Church has a rich history of scriptural and immigration policy should protect the human rights and dignity social teaching that addresses the question of immigration. of immigrants and asylum seekers. The bishops also offer a Stories of forced migration in the Pentateuch led to command number of proposed public policy responses toward that end. ments regarding strangers and the responsibility to be wel To advance the principles contained in Strangers No coming. In the New Testament, we see that the Holy Family Longer, the bishops have decided to mount a national cam themselves were refugees. The Gospel of St. Matthew tells us paign designed to unite and mobilize a growing network of that we will be judged by the way we respond to migrants and Catholic organizations and individuals, as well as others of others in need. In Exsul Familia, Pope Pius XII reaffirms the good faith. In addition, the campaign will seek to dispel myths commitment of the church to care for pilgrims, aliens, exiles, and misperceptions about immigrants. HEALTH PROGRESS JANUARY - FEBRUARY 2005 • 15 SPECIAL SECTION 1990 and 2000, the number of undocumented social teaching, which began more than a century people residing in the United States has at least ago with the encyclical of Pope Leo XIII, "On the doubled/ Condition of Labor" I Rcrinu Novartttn), is an effort to spell out what it means to be a follower POST-9/11 SECURITY CONCERNS of Christ in contemporary society.'' In modern Since the terrorist attacks on our nation in 2001, times, this teaching has been developed extensive the anti-immigrant voice has effectively (if erro ly in response to the worldwide phenomenon of neously ) painted prospective immigrants to our migration. In "On the Spiritual Care to Migrants" shores as would-be terrorists. Immigration policy {Exsul Familia), Pope Pius XII reaffirms the is now inextricably tied to our homeland security church's commitment to caring for pilgrims, policies. In fact, when the Homeland Security aliens, exiles, and migrants, affirming that all peo Act was passed in November 2002, responsibility ple have the right to migrate to achieve a life wor for implementing immigration policy and enforc thy of human dignity.7 While recognizing the ing the immigration laws was given to the new right of the sovereign state to control its borders, U.S.

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