Issues in Ethnicity and

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CQ Press Immigration Policy Spring 2012 CQ Press Custom Books 2300 N Street, NW, Suite 800 Washington, DC 20037 Phone: 202-729-1900; toll-free, 1-866-4CQ-PRESS (1-866-427-7737)

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CQ Press content included in this publication is copyrighted. All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or any information storage and retrieval system, without permission in writing from the publisher. CONTENTS

1. 1 Peter Katel. From CQ Researcher.

2. IMMIGRATION DEBATE 27 Alan Greenblatt. From CQ Researcher.

3. AMERICA'S BORDER FENCE 53 Reed Karaim. From CQ Researcher.

4. CENSUS CONTROVERSY 75 Thomas J. Billitteri. From CQ Researcher.

5. 'S IMMIGRATION TURMOIL 97 Sarah Glazer. From CQ Global Researcher.

Page iii Page iv CHAPTER

ILLEGAL IMMIGRATION 1 BY PETER KATEL

Excerpted from Peter Katel, CQ Researcher (May 6, 2005), pp. 393-420.

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Illegal Immigration BY PETER KATEL

The Democratic Party sees massive immigration — legal THE ISSUES and illegal — as a massive he only future await- source of voters. The Re- ing María and Juan publican Party looks at the T Gomez in their tiny issue and says, ‘Wow, that’s village in was work- a lot of cheap labor coming ing the fields from sunup to across that border.’ ” sundown, living mostly on Some other politicians are tortillas and beans. So 10 years following Tancredo’s lead. In ago, when they were both late April, California Gov. 17, they crossed into the Arnold Schwarzenegger ratch- illegally, near eted up his anti-illegal immi- San Diego. Now ensconced gration rhetoric. Praising anti- in the large Latino commu- immigration activists monitoring nity outside Washington, D.C., the Mexican border in Arizona, they are working hard at he said, “Our federal govern- building a life for themselves ment is not doing their job. It’s and their young son. a shame that the private citi- Juan and María (not their zen has to go in there and real names) follow a simple start patrolling our borders.” Getty Images/Joe Raedle strategy — staying out of trou- Mexican immigrants in Homestead, Fla., negotiate with a There are more than 10 ble and undercutting com- man seeking four workers on May 7, 2004. Illegal million immigrants living il- petitors. Juan does land- immigrants make up only about 5 percent of the U.S. work legally in the United States, force, but critics say they are taking many Americans’ jobs scaping, charging about $600 by offering to work for low wages and no benefits. compared with 3.5 million for major yard work — Immigration advocates counter that immigrants do the only 15 years ago, accord- about $400 less than the typ- jobs Americans don’t want and bolster the economy. ing to the non-profit Pew ical legal contractor. María Hispanic Center. 2 And since cleans houses for $70; house-cleaning the real ones that employees present 2000 the illegal population has been services normally charge $85 or more. to prove they’re here legally. growing by a half-million illegal im- They aren’t complaining, but María But Harvard economist George Borjas migrants a year — nearly 1,400 peo- and Juan know they offer bargain- counters that when an American em- ple a day, according to the Census basement prices. “You walk down the ployer claims he cannot find a legal Bureau and other sources. 3 street, and every house being built, or native-born worker willing to do a While illegal immigrants make up Hispanics are building it,” María says certain job, “He is leaving out a very only about 5 percent of the U.S. work in Spanish. “This country is getting key part of that phrase. He should add force, they are rapidly making their more work for less money.” ‘at the wage I’m going to pay.’ ” 1 presence known in non-traditional areas Indeed, some sectors of the econ- Many Americans blame illegal im- such as the Midwest and South. Will- omy might have a hard time func- migrants like María and Juan not only ing to work for low wages, undocu- tioning without illegal workers. Bren- for depressing wages but also for a mented workers are creating a politi- dan Flanagan, director of legislative host of problems, including under- cal backlash among some residents in affairs for the National Restaurant As- mining U.S. security. the new states, which have seen a sociation, insists “Restaurants, hotels, But the U.S. government refuses to nearly tenfold increase in illegal im- nursing homes, agriculture — a very tighten up the border, they say. migration since 1990. broad group of industries — are look- “The reason we do not have se- “Immigration is now a national phe- ing for a supply of workers to remain cure borders is because of an insa- nomenon in a way that was less true productive,” he says, because in many tiable demand for cheap labor,” says a decade ago,” Mark Krikorian, exec- parts of the country, native workers Rep. Tom Tancredo, R-Colo., a lead- utive director of the nonpartisan Cen- aren’t available at any price. Moreover, ing immigration-control advocate in ter for Immigration Studies said. “In lobbyists for employers insist that their Congress. “We have the ability to se- places like and Alabama, which members can’t tell false papers from cure the border; we choose not to. had little experience with immigration

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Most Illegal Immigrants Live in Four States More than half of the nation’s more than 10 million illegal immigrants live in four states — California, Texas, Florida and New York.

Estimated Distribution of Illegal Immigrants (average of data from 2002-2004)

Wash. N.D. Minn. N.H. Mont. Vt. Maine Ore. S.D. Wis. Idaho Wyo. Mich. N.Y. Mass. Neb. Iowa Pa. Ill. Ind. Ohio Conn. R.I. Nev. Utah Colo. W.Va. Kan. Mo. N.J. Ky. Va. Del. Okla. Tenn. N.C. Calif. Ark. Md. Ariz. N.M. Miss. S.C. D.C. La. Ala. Ga. Texas 300,000-2.4 Million 200,000-250,000 Alaska 100,000-150,000 Hawaii Fla. 55,000-85,000 20,000-35,000 Under 10,000

Source: Jeffrey S. Passel, “Estimates of the Size and Characteristics of the Undocumented Population,” Pew Hispanic Center, March 21, 2005, based on data from the March 2004 “Current Population Survey” by the Census Bureau and Department of Labor

before, people are experiencing it first- whose group favors strict immigra- to illegal immigrants and finishing a bor- hand. Immigrants are working in tion policies. “The depth of anger der fence near San Diego. “We will never chicken plants, carpet mills and con- should not be underestimated.” 5 have homeland security if we don’t have struction. It’s right in front of people’s Grass-roots organizations have formed border security,” Sensenbrenner said in faces now.” 4 in seven states to push for laws deny- March. 7 Sensenbrenner’s tough, new The debate has taken on populist ing public services for illegal immigrants Real ID bill, which has been endorsed undertones, says Dan Stein, president and Rep. Tancredo hints he may run by the Bush administration and passed of the Federation for American Im- for president to “build a fire” around by the House, appears close to passage migration Reform (FAIR), because the need for immigration reform. 6 in Congress. some in the public perceive a wide But reform means different things To Sen. John McCain, R-Ariz., re- gap between policymakers’ positions to different people. form means enabling illegal immi- and popular sentiment in affected re- To Rep. F. James Sensenbrenner Jr., grants to stay here legally because, he gions. “The issue is about elites, R-Wis., chairman of the House Judicia- contends, the nation’s economy de- major financial interests and global ry Committee, reform means imposing pends on them. “As long as there are economic forces arrayed against the new restrictions on asylum seekers, block- jobs to be had . . . that won’t be done average American voter,” said Stein, ing states from issuing driver’s licenses by Americans [illegal immigrants] are

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going to come and fill those jobs,” he said in April. 8 Majority of Immigrants in U.S. Are Legal Echoing McCain, President Bush has More than 21 million legal “permanent” immigrants live in the endorsed the creation of a “guest work- United States — more than twice the number of illegal immigrants. er” program that would grant tempo- rary legal status to illegal workers. “If there is a job opening which an Amer- Status of Immigrants in U.S. ican won’t do . . . and there’s a will- ing worker and a willing employer, Refugee Arrivals (post-1980) that job ought to be filled on a legal Temporary Legal Residents (2.5 million) basis, no matter where the person comes (1.2 million) from,” Bush said after a meeting at his 3% 7% Texas ranch on March 23 with Mexi- Undocumented can President Vicente Fox and Cana- (illegal) Immigrants dian Prime Minister Paul Martin. 9 McCain and Sen. Edward M. (10.3 million) 61% Kennedy, D-Mass., are preparing a guest Legal worker proposal — that would also 29% Permanent allow illegal immigrants already here to Resident (LPR) apply for legal residence after six years of temporary legal status — but Bush “Arrivals” hasn’t said yet if he’d back it. Separate (21.7 million) legislation proposed by Sen. Larry Craig, R-Idaho, would have applied this “earned legalization” idea to a half-mil- lion farmworkers now in the United States. Craig’s proposal failed to win enough votes in April to survive. At the state level, controversy over Sources: Jeffrey S. Passel, “Estimates of the Size and Characteristics of the illegal immigration has helped build Undocumented Population,” Pew Hispanic Center, March 21, 2005, based on data and destroy political careers. In Cali- from the March 2004 “Current Population Survey” by the Census Bureau and Department of Labor fornia, for example, Schwarzenegger’s promise to repeal legislation allowing illegal immigrants to obtain driver’s li- tor of the Center for U.S.-Mexico Stud- Border Patrol Council, the union rep- censes helped him topple Democrat ies at the University of Texas at Dal- resenting some 10,000 border officers. Gray Davis in the 2003 recall election las, says immigration opponents are sim- He claims the patrol catches no more for governor. Tensions are still run- ply appealing to primitive fears. “There than a third of illegal border crossers. ning high outside the political arena. are many jobs that would not be per- “We have a situation where business Some activists go so far as to call formed if undocumented people were is controlling our immigration policy immigration a product of organized not here. Why can’t we come up with rather than sound decisions that take crime. “The same people responsible ways in which individuals who want into account all the factors, including for drug shipments from the south are to come from Mexico to the United homeland security. also dealing in sex slaves and illegal States can get a quick permit, come While some may dismiss Bonner’s labor and weapons,” claims William up, do a job and go back?” concerns as overly alarmist, others Gheen, president of Americans for Immigration control has long been point out that stepped-up border-se- Legal Immigration, in Raleigh, N.C. a hot-button issue, but the concern in curity spending is not stopping the “Our businesses should not be work- previous years was largely about jobs growing illegal immigration. ing with these people or encouraging and wages. In post-9/11 America, many Over the past 12 years, billions of these people. Some companies want observers view illegal immigration as dollars have been spent on border- more Third World labor on the terri- a national security matter. control measures, including walls and tory of ‘we the people’ of the USA.” “The borders are out of control,” says fences in urban areas, electronic sen- But Juan Hernandez, former direc- T. J. Bonner, president of the National sors and more personnel. From 1993

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Immigration Debate Moves Behind the Wheel

he tension was high in suburban Atlanta last October Now the debate has moved to states throughout the coun- when protesters confronted hundreds of illegal immi- try. In Utah and Tennessee, state laws now give illegal work- grants who were marching to demand the right to ob- ers so-called “driving privilege cards,” which warn in bold, red T 3 tain driver’s licenses. letters they cannot be used as legal identification. New York The peaceful, sign-waving march soon turned ugly, as angry state’s motor-vehicles commissioner in April denied license re- epithets were hurled back and forth across busy Buford High- newals and suspended the licenses of illegal immigrants with- way. “This is my country! You are criminals”! You cannot have out a Social Security card or acceptable visa. 4 The state’s my country,” shouted D.A. King, a former insurance salesman Supreme Court, which made a preliminary ruling rejecting the and self-styled anti-immigrant vigilante. Boos and hisses erupt- commissioner’s action, is currently hearing the issue. ed from the mostly Hispanic immigrants across the street. 1 Now some in Congress want to jump into the fray — even The heated exchange, caught by a CNN television crew, cap- though issuing driver’s licenses has long been the domain of the tured the intensifying debate over driver’s licenses for illegal im- states. In January, Wisconsin Republican Rep. F. James Sensenbren- migrants. Eleven states now issue such licenses, and several oth- ner Jr. proposed the Real ID Act, which would establish national ers are considering permitting similar laws, but a growing driver’s license standards, toughen asylum requirements and speed grass-roots movement opposes the licenses, including groups like completion of a fence on the U.S.-Mexico border near San Diego. the American Resistance Foundation, founded by King. But the driver’s license provision has caused the most debate. The immigrants’ supporters say illegal workers are the back- “My bill’s goal is straightforward: It seeks to prevent another bone of the nation’s economic success and that being able to 9/11-type attack by disrupting terrorist travel,” Sensenbrenner drive legally would allow them to open bank accounts and do said. The bill would require states to verify that driver’s-license other tasks requiring an official identification card. It would applicants reside legally in the United States before issuing a also make America’s roads safer, the proponents say, by hold- license that could be used for federal identification purposes, ing immigrants to the same driving and insurance requirements such as boarding an airplane. 5 as U.S. citizens. Unlicensed drivers are nearly five times more The bill, which Sensenbrenner attached to a “must-pass” emer- likely to be in a fatal crash than licensed drivers, and unin- gency military-spending bill, was approved by the House, 261- sured drivers cause 14 percent of all accidents, according to 161, on Feb. 10, and the Senate passed a different version, not the AAA Foundation for Traffic Safety. 2 including Real ID, on April 21. The House and the Senate are But King and others say uncontrolled immigration depress- currently in conference to reconcile the two versions of the bill. es wages, increases crime and causes neighborhood blight, and Senate Minority Leader Harry Reid, D-Nev., says passage is like- that granting undocumented workers driver’s licenses would only ly, and President Bush has said he will sign the measure. 6 legalize illegal behavior. The bill’s supporters say providing secure driver’s licenses to Until now the debate over immigrant driver’s licenses has been illegal immigrants would improve national security, because li- restricted to a few traditional border states, like California, where censes are now the de facto form of identification in the Unit- a new law permitting undocumented workers to get licenses ed States. The 9/11 Commission, which investigated the Sept. helped defeat Democratic Gov. Gray Davis during the 2003 gu- 11, 2001, terrorist attacks, found that the attackers used driver’s bernatorial recall election. Lawmakers repealed the law shortly licenses rather than passports to avoid creating suspicion. 7 after Arnold Schwarzenegger was inaugurated as governor, and “At many entry points to vulnerable facilities, including gates for Schwarzenegger has since vetoed related bills. He wants the li- boarding aircraft,” the commission’s 2004 report noted, “sources of censes of undocumented workers to bear a unique mark. identification are the last opportunity to ensure that people are who

to 2004, the federal government quin- ers in March that a reorganization that Then why have illegal border cross- tupled border enforcement spending combined the Border Patrol, Immi- ings been increasing? to $3.8 billion and tripled the Border gration and Naturalization Service and For one thing, the government has Patrol to more than 11,000 officers, the Customs Service into one agency nearly stopped enforcing 1986 sanctions according to Wayne Cornelius, direc- under the Department of Homeland on employers who hire illegal immi- tor of the Center for Comparative Im- Security had improved deterrence. “This grants. According to Mary Dougherty, migration Studies at the University of consolidation has significantly increased an immigration statistician at the Home- California, San Diego. 10 our ability to execute our anti-terror- land Security Department, in 2003 the Customs and Border Protection ism and traditional missions at our na- agency levied only $9,300 in fines against Commissioner Robert Bonner (no re- tion’s borders more effectively than employers. Dougherty cautioned that lation to T. J. Bonner) told lawmak- ever before,” he said.” 11 her data might be incomplete, but Time

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they say they are and to check fication of birth certificates, with- whether they are terrorists.” 8 out providing the time or resources During House debate, needed,” says the National Con- Sensenbrenner said that the ference of State Legislatures. 11 Real ID bill might have pre- Moreover, says Joan Friedland, vented the Sept. 11 attacks be- a policy attorney with the Na- cause it requires that any li- tional Center, cense or ID card issued to the law is just “smoke and mir- visitors expire on the same rors” because it is “an inadequate date the person’s visa expires. and meaningless substitute for real, “Mohamed Atta, ringleader comprehensive reform and does- of the 9/11 murderers, entered n’t resolve the problem of national the United States on a six-month security.” Getty Images/Stephen Chernin visa [which] expired on July 9, Immigrants and community leaders in New York City But Martin says a national law 2001. He got a [six-month] dri- protest on April 13, 2004, against a state policy that that coordinates driver’s-license ver’s license from the state of denies driver’s licenses to hundreds of thousands of policies across the nation is vital Florida on May 5, 2001,” Sensen- immigrants. The protest followed a crackdown on to security. “Right now, there is brenner said. “Had this bill been individuals without Social Security numbers. virtually a different approach in in effect at the time, that dri- every state,” he says. “People ver’s license would have expired on July 9, and he would not who wish to take advantage of the system can easily target have been able to use that driver’s license to get on a plane.” 9 whichever state has the most lax requirements.” Jack Martin, special projects director for the Federation for — Kate Templin American Immigration Reform (FAIR), which seeks to halt ille- gal immigration, says the difficulty of distinguishing between 1 Quoted from “CNN Presents: Immigrant Nation: Divided Country,” Oct. “illegal aliens merely looking for jobs and potential terrorists 17, 2004. looking to carry out attacks” argues against granting licenses 2 www.aaafoundation.org/pdf/UnlicensedToKill2.pdf. to non-citizens. “People who have entered the country illegal- 3 T. R. Reid and Darryl Fears, “Driver’s License Curtailed as Identification,” ly — regardless of their motives — should not be able to re- The Washington Post, April 17, 2003, p. A3. 4 ceive a driver’s license,” he says. Nina Bernstein, “Fight Over Immigrants’ Driving Licenses Is Back in Court,” , April 7, 2005, p. B6. But critics of the proposed law say denying driver’s licens- 5 www.house.gov/sensenbrenner/newsletterapril2005.pdf. es to illegal immigrants would pose a greater threat to U.S. 6 Anne Plummer, “Immigration Provisions Likely to Remain in Supplemental safety. “Allowing a driver the possibility to apply for a license Spending Bill, Reid Says,” CQ Today, April 25, 2005. to drive to work means that person’s photograph, address and 7 For background, see Kenneth Jost, “Re-examining 9/11,” The CQ Researcher, proof of insurance will be on file at the local DMV,” a recent June 4, 2004, pp. 493-516. 8 National Commission on Terrorist Attacks Upon the United States, p. 390. Los Angeles Times editorial argued. “And that is something to 9 10 Frank James, “Immigrant ID Rules Debated,” Chicago Tribune, March 12, make us all feel safer.” 2005, News Section, p. 1. The Real ID Act “threatens to handcuff state officials with 10 “Real ID, Unreal Expectations,” Los Angeles Times, April 6, 2005. impossible, untested mandates, such as requiring instant veri- 11 National Conference of State Legislatures, www.ncsl.org.

reported in 2004 that the number of streaming in, all products and services In the final analysis, the lack of fines imposed on employers dropped become cheaper. It has actually become enforcement benefits employers and 99 percent during the 1990s from 1,063 a subsidy to every person in America. hurts workers, says Ana Avendaño in 1992 to 13 in 2002. 12 We have all become hooked.” Denier, director of the AFL-CIO Im- Demetrios Papademetriou, director of For instance, at least 50 percent of migrant Worker Program. “Employ- the Migration Policy Institute, a Wash- the nation’s farmworkers are poorly ers have a very vulnerable popula- ington think tank, says that illegal immi- paid illegal immigrants. Americans tion to whom they can pay lower gration “maintains a standard of living for spend less on food than the citizens wages, and because of business con- everyone in America that is, in a sense, of any other industrialized country, the trol over public policy, it is OK to beyond what we can really afford. When Agriculture Department’s Economic Re- have this class of workers that is fully you continue to have low-wage workers search Service found. 13 exploitable.”

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decade of record-setting immigration, Illegal Migrants Leaving Traditional States legal and illegal. That tells me immi- Eighty-eight percent of the nation’s illegal immigrants lived in the grants didn’t displace millions of Amer- icans; they helped employ Americans.” six traditional settlement states for immigrants in 1990, but the Gay says low-paid workers help same states had only 61 percent of the total in 2004. In other words, businesses thrive, allowing them to hire an estimated 3.9 million undocumented migrants lived in other the native-born and legal immigrants states — nearly a tenfold increase. for higher-paying jobs. In addition, im- migrants are consumers themselves, so Changes in Immigrant Settlement Patterns, 1990-2004 they boost the national economy. 50% But what helps business doesn’t nec- 45% essarily help Americans who share the lowest rungs of the socioeconomic lad- 39% 40 der with illegal immigrants, according 1990 to Jared Bernstein, director of the Eco- 30 2004 nomic Policy Institute’s Living Standards 24% Program, which has strong ties to or- ganized labor. “There is solid evidence 20 that a large presence of low-wage im- 15% 14% 11% 12% 3.9 Million migrants lowers wages of domestic work- 9% 9% 10 7% ers in low-wage sectors,” Bernstein says. 4% 4% 4% 4% “Most economists should bristle at the 400,000 0 notion that immigrants are filling jobs California New Texas Florida Illinois New All Others that native workers won’t take. Maybe York Jersey they won’t take them because of low compensation and poor working con- Source: Jeffrey S. Passel, “Estimates of the Size and Characteristics of the ditions. In the absence of immigrants, Undocumented Population,” Pew Hispanic Center, March 21, 2005, based on data the quality of some of those jobs prob- from the March 2004 “Current Population Survey” by the Census Bureau and ably would improve, and American work- Department of Labor ers probably would take them.” Bernstein favors controlling the But problems here are unlikely to About 96 percent of the 4.5 million flow of immigrant workers, rather than force illegal immigrants like Juan and illegal immigrant men now in the coun- trying to bar them altogether. María to return home. try are working, concludes Jeffrey Pas- But Michael McGarry, a mainte- “If it were just about us, yes,” she sel, a former U.S. Census Bureau de- nance worker in Aspen, Colo., and says. “But for the sake of our son, no. mographer who is now senior research spokesman for the controversial Min- Here he has a chance to go to college. associate at the Pew Hispanic Center. uteman Project, says illegals hurt the In Mexico, no matter how hard we All told, some 6 million immigrants — economy and that they all should be work we don’t have the possibility of about 5 percent of the labor force — kept out. The group deployed more paying for him to go to college. What are in the country illegally immigrants. than 100 volunteers — some of them we want is that he not suffer the hu- Is the illegal work force large armed — to spot and report illegal miliations we have had to suffer.” enough to hurt the job security of immigrants along a stretch of the As Congress, the states and citizens’ U.S. citizens? Mexican border in April. “People keep groups debate the effects of illegal im- Quite the contrary, argues John Gay, forgetting there is something called migration, here are some of the key co-chairman of the Essential Worker the law of supply and demand,” says questions being asked: Immigration Coalition, a lobbying group McGarry, who represented the group of 34 employers — including hotels, in April when it recruited citizens to Does illegal immigration hurt restaurants and building firms — that report illegal immigrants along the American workers? depend on immigrants. “I think back Mexican border in Arizona. “If you Virtually every immigrant comes to the 1990s, a decade of economic flood the country with workers, that to the United States for one reason: growth,” he says. “We ended with 30- is going to compete down wages and to work. year lows in unemployment and a benefits and conditions.”

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Harvard economist Borjas, whom jobs including cleaning, packaging, child amount to schemes to provide em- many consider the leading expert on care, restaurant labor, grounds keeping ployers with a ready supply of low- the economic effects of immigration, cal- and maintenance. Wages were de- wage workers. Once immigrants get culated that in the late 1990s immigra- pressed by an average of 22 percent legal permanent residence, they can’t tion added a modest $10 billion to the for men and 36 percent for women. be exploited as readily as illegal im- economy — not a lot in a country with (Wages of undocumented Eastern Eu- migrants, Stein says, so the six-year le- a national income in 1998 of about $8 ropean men and women were de- galization process keeps employers trillion, Borjas wrote. 14 pressed by 20 percent.) “Attaining ad- supplied with cheap labor. The key, he argues, is not the over- ditional levels of education, having “These are replacement workers for all gain but who won and who lost English proficiency and accumulating a very large swath of the American work because of illegal immigration. 15 additional years of U.S. residency do force,” he says. “I say, stop trying to “Some businesses gain quite a bit and not neutralize the negative wage effect shift the costs for cheap labor onto the are not willing to give up the privilege of working without legal status,” the re- backs of hard-working families. They — agriculture, the service industry and port said (emphasis in original). 17 try to sell us all on the idea that low- upper-middle-class Californians who hire The AFL-CIO’s Avendaño acknowl- cost, illegal labor cuts consumer costs, nannies and gardeners. People who edges that undocumented workers push but there are enormous, incalculable gain, gain an incredible amount.” wages down. “Mexican workers are costs imposed on society at large [by Borjas calculated illegal immigrants] — pub- that immigrants’ lic education, emergency work in 1998 helped medical care, housing as- those businesses gain sistance, housing itself and roughly $160 billion, criminal justice costs.” including the savings from the lower Are tougher immigra- wages they were tion controls needed paying, plus their to protect national overall economic security? growth. 16 The fig- “We have some peo- ures don’t distinguish ple who are coming in between illegal and to kill you and your legal immigrants, children and your but among low- grandchildren,” says skilled entrants to the Rep. Tancredo, who has United States, illegal made immigration con- immigrants are in the trol his political mis- majority. AFP Photo/Nicholas Roberts sion. “Anyone seeking Members of the Minutemen activist group search for illegal immigrants Economist Philip crossing into the United States along a stretch of the Mexican border to come into this coun- Martin, an expert on near Douglas, Ariz., on April 4, 2005. Members of the controversial try without getting a lot U.S.-Mexico relations group said they wanted to aid the understaffed U.S. Border Patrol. of attention drawn to at the University of him would naturally California-Davis, generally agrees with walking into a situation where an em- choose the borders and come in Borjas on the supply/demand side of ployer, with a wink and a nod, will say, under the radar screen along with the situation. “The economy would not ‘I’ll pay you less than the minimum thousands and thousands and thou- come screeching to a halt,” Martin wage.’ It is very important for the AFL- sands of others.” says, without illegal immigrants. At the CIO to not be put in a position where Tancredo worries about men like same time, he acknowledges, they are we’re choosing domestic workers over Mohamed and Mahmud Abouhalima, “important to particular industries.” foreign workers. To us, the answer is a who were convicted for their roles A detailed 2002 study of illegal Lati- reasonable immigration system.” in the 1993 bombing of the World no immigrants in Chicago — where Stein, of the Federation for Ameri- Trade Center. The two Middle East- they made up 5 percent of the work can Immigration Reform (FAIR) argues ern terrorists illegally took advantage force — supports Martin’s analysis. Two- that “earned legalization” proposals like of one of two immigration-reform thirds of the workers held low-wage the planned McCain-Kennedy bill programs to acquire “green cards”

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(which signify legal Sensenbrenner says the permanent resident driver’s-license prohibition in status) under the 1986 his Real ID bill would com- Special Agricultural plicate life for terrorists who Workers Program for did manage to slip in. “If farmworkers. you read the 9/11 report, The brothers ob- they highlight how al Qaeda tained the green cards studied document fraud and through flaws in the other vulnerabilities in the Immigration and Natu- system,” said Jeff Lungren, ralization Service (INS) a spokesman for the House inspection system, ac- Judiciary Committee. “They cording to the National undertook the risk and ef- Commission on Terror- fort to get valid U.S. driver’s ist Attacks Upon the licenses and state I.D. cards United States (the 9/11 . . . because they allow you Commission). The to fit in.” 22 agency’s “inability to ad- Immigrant-rights advo- judicate applications cates argue, however, that quickly or with ade- Sensenbrenner’s driver’s- quate security checks license provisions would made it easier for ter- complicate the lives of rorists to wrongfully citizens and legal residents enter and remain in the without damaging terror- United States through- ists’ capabilities. (See side- out the 1990s.” 18 bar, p. 398.) In a sense, that fail- Timothy Sparapani, leg- ure followed logically islative counsel for the from Justice Department American Civil Liberties policy. The report con- Union (ACLU), says the bill tinues, “Attorney Gener- “is not going to do any- al [Janet] Reno and her thing to deter people com- deputies, along with Con- Getty Images/Gary Williams ing to this country.” Instead, A group of 130 Mexicans who entered the United States illegally gress, made their high- board a charter flight in Tucson, Ariz., to Mexico City on July he argues, “the provisions est priorities shoring up 12, 2004. The flight is part of a “voluntary repatriation” . . . will make it much the Southwest border to program run jointly by the U.S. and Mexican governments. more complicated and bur- prevent the migration of densome for every Ameri- illegal aliens and selectively upgrading tani of Saudi Arabia was turned around can to get their first driver’s licenses technology systems,” the 9/11 commis- at Orlando International Airport be- or renewals. They will not only have sion staff concluded. 19 (The INS was cause he had a one-way ticket, little to prove they are citizens of a par- then part of the Justice Department.) money, couldn’t speak much English ticular state, they will have to provide Unlike immigrants trekking across and couldn’t explain the reason he certified birth certificates; you’ll have the desert, the 19 9/11 terrorist at- was visiting. “The inspector relied on to go to a state birth certification agency. tackers, including 15 Saudis and a cit- intuitive experience . . . more than Some states don’t have them.” izen of the United Arab Emirates (UAE), he relied on any objective factor that Although terrorists have a track flew into the United States on airlin- could be detected by ‘scores’ or a record for finding holes in the bor- ers, their passports stamped with legal- machine,” the commission observed. der-control system, border enforce- ly obtained student or tourist visas. 20 As a result, the commission said: ment isn’t actually targeting terrorists, To be sure, one airport immigra- “We advocate a system for screening, says Jennifer Allen, director of the tion inspector stopped a member of not categorical profiling. A screening Border Action Network, a Tucson- the 9/11 attack team from entering system looks for particular, identifiable based immigrant-defense organization. the United States. Mohammed al Kah- suspects or indicators of risk.” 21 “A border wall is not going to deter

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terrorists,” she argues. What stepped- generally supports the temporary work- want to be productive, but we have up enforcement is achieving, she er portion of the proposal, he has not no prospects,” she said. 24 says, is “ongoing harassment” of peo- said whether he favors legalization. But illegal means illegal, opponents ple on the U.S. side of the border — Backers of the plan reject the term of the DREAM Act argue. “We can’t particularly those whose Latin features “amnesty,” which implies a mass par- hold taxpayers accountable to provid- identify them as possible foreigners. don for those covered by the pro- ing discounted education to people in Border Patrol union President Bon- posal. “For security reasons, for human- this country illegally,” Rep. Steve King, ner acknowledges that most illegal im- rights reasons and for labor reasons, R-Iowa, said. 25 migrants are only looking for jobs. But there is a vested interest in legalizing Immigration-control activists make he suggests that concentrating patrol or regularizing the status of individu- essentially the same argument about forces on the 2,000-mile Southwest bor- als,” says a member of McCain’s staff. the “earned legalization” approach. der is leaving the 3,145-mile Canadian “Sen. McCain doesn’t believe it’s pos- “The whole supposed guest worker border relatively unprotected. Some sible to round up everyone and send program is really an amnesty,” says 9,000 officers are assigned to the Mex- them home. [But] it can’t be an amnesty. McGarry, of the . ican border, he says, compared with With high fines, background checks “This would be a disaster. An amnesty, only about 1,000 on the Canadian line. [for criminal violations] and through by definition, is something the gov- “We’ll get a call from the Royal Cana- the temporary-worker program, peo- ernment forgives. Breaking into the dian Mounted Police, and they’ll say ple will be proving their reliability.” country is a crime.” — ‘Sixty Koreans landed here, and Sen. Orrin G. Hatch, R-Utah, is ex- The undocumented immigrants are they’re heading your way.’ Sometimes pected to introduce the similar but already here, their defenders say. And we see them and sometimes we don’t.” more limited Development, Relief and having illegal immigrants in the work The Mexican and Canadian borders Education for Alien Minors (DREAM) force allows employers to pay them less are indeed vulnerable, Papademetriou Act. It seeks to resolve a contradic- than they’d be able to earn as legal res- of the Migration Policy Institute ac- tion in immigration policy that affects idents. Such exploitation makes legal- knowledges. But a 2003 institute report high school students who are in the ization “so crucial,” says the AFL-CIO’s concludes that immigration policy is not country illegally, typically because their Avendaño. an effective anti-terrorism tool. A report parents brought them as children. By She says a December 2004 decision he co-authored concluded: “The gov- law, they are required to attend school, by the Appellate Division of the New ernment’s major successes in appre- and every year an estimated 65,000 York State Supreme Court proves that hending terrorists have not come from graduate from high school. an unfair, two-tiered labor system is ac- post-Sept. 11 immigration initiatives but After graduation, the legal environ- quiring legal status. The court ruled an from other efforts, such as internation- ment changes dramatically. The 1996 illegal immigrant who was injured al intelligence activities, law enforce- Illegal Immigration Reform and Immi- while working on a construction site ment cooperation and information pro- grant Responsibility Act discourages states was entitled to lost wages — but val- vided by arrests made abroad.” 23 from providing illegal immigrants with ued only at what he would have in-state tuition and other benefits at earned in his home country. “It is our Should illegal immigrants in the public colleges and universities. Even view that plaintiff, as an admitted un- United States be allowed to ac- in the 15 states that do allow such stu- documented alien, is not entitled to re- quire legal status? dents to pay resident tuition, they can’t cover lost earnings damages based on Legalization is one of the major di- get hired legally after they graduate. the wages he might have earned ille- viding lines between illegal-immigration- The DREAM Act would not only allow gally in the United States. . . . [W]e control forces and employers and other all states to offer in-state tuition to il- limited plaintiff’s recovery for lost earn- immigrants’-rights advocates. legal residents but also offer young stu- ings to the wages he would have been The guest worker proposal spon- dents temporary residency as well as a able to earn in his home country.” 26 sored by Sens. McCain and Kennedy shot at permanent legal status if they In effect, Avendaño says, the ruling would allow foreigners to take jobs graduate or complete military service. “legitimizes Third World labor condi- in the United States for a specified Supporters say the bill would help tions” in the United States. period, perhaps three years. Foreign- award-winning students like Julieta Immigration-control advocates say ers already here illegally also would Garibay. She is a nursing graduate in the solution lies in keeping out the be able to join the program and then Texas, where she paid in-state tuition bulk of illegal immigrants trying to apply for permanent residence after — but now her illegal status bars her enter while cracking down on busi- six years. Although President Bush from working. “We have studied and nesses that employ illegal workers. “If

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you enforce the law against employ- — in a wave of anti-Chinese hysteria. ish for “laborer”) , ers,” Rep. Tancredo says, “people who Other Asian groups were restricted when which allowed temporary workers from cannot get employment will return” to legislation in 1917 created “barred zones” Mexico and the Caribbean to pick crops their home countries. “They will re- for Asian immigrants. 28 in Western states. turn by the millions.” The racist undertones of U.S. im- After the war, Congress decided to That way, Tancredo says, a mass migration policy were by no means re- codify the scores of immigration laws roundup would not be required. served for Asians. Describing Italian that had evolved over the years. The Bernstein of the Economic Policy and Irish immigrants as “wretched be- landmark Immigration and Nationality Institute favors a variant of the Tan- ings,” The New York Times on May 15, Act of 1952, retained a basic quota sys- credo approach that avoids its puni- 1880, editorialized: “There is a limit to tem that favored immigrants from tive aspects. Illegal immigrants “ought our powers of assimilation, and when Northern Europe — especially the skilled to have labor protection,” he says. it is exceeded the country suffers from workers and relatives of U.S. citizens “That’s not contradictory to the notion something very like indigestion.” among them. At the same time, it ex- that illegals shouldn’t be here. Em- Nevertheless, from 1880 to 1920, empted immigrants from the Western ployers should be held accountable the country admitted more than 23 Hemisphere from the quota system — for labor standards for all employees. million immigrants — first from North- except for the black residents of Euro- The beauty part of erasing employer ern and then from Southern and East- pean colonies in the Caribbean. advantage is that it dampens the in- ern Europe. In 1890, Census Bureau centive for illegal flows.” Director Francis Walker said the coun- try was being overrun by “less desir- Mass Deportation able” newcomers from Southern and , whom he called he 1952 law also attempted to “beaten men from beaten races.” T address the newly acknowledged BACKGROUND In the 1920s, public concern about reality of Mexican workers who crossed the nation’s changing ethnic makeup the border illegally. Border Patrol agents prompted Congress to establish a na- were given more power to search for Earlier Waves tional-origins quota system. Laws in illegal immigrants and a bigger terri- 1921, 1924 and 1929 capped overall tory in which to operate. he United States was created as immigration and limited influxes from “Before 1944, the illegal traffic on the T a nation of immigrants who left certain areas based on the share of Mexican border . . . was never over- Europe for political, religious and eco- the U.S. population with similar an- whelming,” the President’s Commission nomic reasons. After independence, cestry, effectively excluding Asians on Migratory Labor noted in 1951, but the new nation maintained an open- and Southern Europeans. in the past seven years, “the wetback door immigration policy for 100 years. But the quotas only swelled the ranks traffic has reached entirely new levels. Two great waves of immigrants — in of illegal immigrants — particularly Mex- . . . [I]t is virtually an invasion.” 29 the mid-1800s and the late 19th and icans, who only needed to wade across In a desperate attempt to reverse the early 20th centuries — drove the na- the Rio Grande. To stem the flow, the tide, the Border Patrol in 1954 launched tion’s westward expansion and built United States in 1924 created the U.S. “,” transferring near- its cities and its industrial base. 27 Border Patrol, the enforcement arm of ly 500 INS officers from the Canadian But while the Statue of Liberty says the INS, to guard the 6,000 miles of U.S. perimeter and U.S. cities to join the 250 America accepts the world’s “tired . . . land bordering and Mexico. agents policing the U.S.-Mexican bor- poor . . . huddled masses,” Americans During the early 1940s the United der and factories and farms. More than themselves vacillate between welcom- States relaxed its immigration policies, 1 million undocumented Mexican mi- ing immigrants and resenting them — largely for economic and political rea- grants were deported. even those who arrive legally. For both sons. The Chinese exclusion laws were Although the action enjoyed pop- legal and illegal immigrants, America’s repealed in 1943, after became ular support and bolstered the pres- actions have been inconsistent and a wartime ally against in 1941. tige — and budget — of the INS, it often racist. And in 1942 — partly to relieve wartime exposed an inherent contradiction in In the 19th century, thousands of Chi- labor and partly to legalize U.S. immigration policy. The 1952 law nese laborers were brought here to build and control the flow of Mexican agri- contained a gaping loophole — the the railroads and then were excluded cultural workers into the country — the Texas Proviso — a blatant concession — via the of 1882 United States began the Bracero (Span- Continued on p. 406

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vivors, later raised to more than 1800s After waves of 400,000. 1990s-2000s European immigrants are wel- Immigration laws fail to deter comed, anti-immigrant resent- 1952 illegal immigrants, creating ment builds. Congress passes landmark Immi- backlash that prompts another gration and Nationality Act, codify- overhaul of immigration laws; 1882 ing existing quota system favoring national-security concerns cloud Chinese Exclusion Act specifically immigrants from northern Europe immigration debate after two bars additional Chinese immigrants. but exempting Mexican farmwork- terrorist attacks on U.S. soil by ers in Texas. Middle Eastern visitors. • 1953 1993 U.S. exempts refugees fleeing World Trade Center is bombed by 1920s Public concern communist countries from quota Middle Eastern terrorists, two of about the nation’s changing system. whom had green cards; master- ethnic makeup and hard eco- mind had applied for political nomic times prompt Congress • asylum. to limit immigration and set quotas intended to preserve the 1996 nation’s ethnic makeup. 1960s-1970s Number of illegal immigrants in Amid growing Civil Rights Move- U.S. reaches 5 million; Congress 1921-1929 ment, U.S. scraps the biased passes major immigration-reform Congress establishes a national-origins quota system and admits more law beefing up border security quota system, effectively excluding Asians and . and restricting political asylum. Asians and Southern Europeans. 1965 1997 1924 Major overhaul of immigration law Most of California’s anti-illegal im- U.S. Border Patrol is created to scraps national quotas, giving migrant statute is declared uncon- stem the flow of illegal immigrants, preference to relatives of immi- stitutional. primarily across the Mexican border. grants. Sept. 11, 2001 • 1966 Terrorists with visas attack World Congress orders those fleeing Fidel Trade Center and Pentagon; anti- Castro’s to be admitted auto- immigrant backlash ensues. 1940s-1950s matically if they reach U.S. shores. Labor shortages and expansion 2004 of U.S. economy during World • The 9/11 Commission points to War II attract Mexican labor- “systemic weaknesses” in border- ers. U.S. accepts war survivors, control and immigration systems. welcomes refugees from com- 1980s Tide of illegal munist countries and overhauls immigrants rises dramatically, Jan. 20, 2005 immigration laws. prompting policy makers to act. President Bush calls for a “tempo- rary worker” program that would 1942 1986 not include “amnesty” for illegal U.S. creates Bracero guest worker Number of illegal immigrants immigrants. program, allowing immigrant Mexi- apprehended on U.S.-Mexican bor- can farmworkers to work tem- der reaches a peak of 1.7 million. May 2005 porarily on American farms. Congress again overhauls immigra- Sen. F. James Sensenbrenner’s tion law, legalizing undocumented Real ID bill, which would block 1948 workers and for the first time im- states from issuing driver’s licenses Congress authorizes extra 200,000 posing sanctions on employers of to illegal immigrants, appears close visas for concentration camp sur- illegal immigrants. to passage.

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Mexico’s Call for Reform Still Unheard

o some Americans, undocumented Mexicans are job- about U.S. mistreatment of migrants are daily fare in Mexico. El stealing, non-English-speaking threats to American cul- Universal, one of Mexico City’s most influential newspapers, re- ture, economic well-being and national security. ported in April that 4,400 Mexicans were injured or mistreated T 3 “I’m afraid that America could become a Third World coun- by anti-immigrant civilians or Border Patrol agents in 2004. try,” Atlanta-area Realtor Jimmy Herchek told CNN. “We’re im- Icaza says that setting up a legal way for Mexicans to work porting poverty by millions every year.” 1 in the United States would direct them to communities where To other observers, Mexicans and other illegal workers are their labor is needed and wanted, helping to dissipate the ten- crucial to the economy. “There are major benefits to both em- sions that arise now when lots of Mexicans arrive suddenly in ployers and consumers — in other words, all of us. [T]his sup- communities offering seasonal jobs. ply of labor makes it possible to produce your goods and ser- Illegal immigrants have traditionally settled in California, vices more cheaply,” said Wayne Cornelius, director of the Florida, New York and a few other states, but in recent years Center for Comparative Immigration Studies at the University enclaves have sprung up in North Carolina, Georgia, Tennessee of California at San Diego. “So there are literally hundreds of and other states unaccustomed to the phenomenon. 4 thousands of employers in this country that have a major stake Often, local residents complain the new immigrants cost tax- in continued access to this kind of labor.” payers money for health care, schools and social services and And in Mexico, the 6 million illegal migrantes in the Unit- bring gang-related crime. “What I saw happen in California ed States are viewed as heroes, often braving death in desert over 30 years is happening here in just a few years,” James crossings to take tough construction and service jobs in the Burke, 57, a retired ironworker from Cullman, Ala., said as he United States to support families back home. More than 3,000 signed up volunteers to push for immigration control. 5 Mexicans died trying to cross the border between 1996 and Burke is part of a grass-roots movement seeking tougher 2004, but those who arrive safely and find work in the Unit- immigration rules and border patrols. “Our goal is to stop il- ed States sent home $16 billion last year — Mexico’s third- legal immigration and get rid of the illegal immigrants who are largest source of revenue. 2 here,” he said. 6 However, the immigrants’ courage and dedication to their Those goals are clearly at odds with the Mexican govern- families — not to mention the benefit to the U.S. economy ment’s campaign to forge an immigration accord with the Unit- from their low-wage labor — haven’t earned them the right ed States that would allow Mexicans to work here legally. to work legally in the United States. Far from it, says Mexi- Drawing on apparent friendship with George W. Bush, Mexi- co’s ambassador to the United States, Carlos de Icaza, who can President Vicente Fox began his presidency five years ago supports a program to allow migrantes to live and work legal- promising to strike an immigration deal with the United States. ly in the United States. Shortly after taking office, Fox invited his newly elected “Migrants are very vulnerable,” he says in an interview at American counterpart to his ranch. The two presidents as- his office near the White House. “The difficult situation of these signed top officials to start negotiating a deal. “Geography has hard-working people makes them subject to abuse.” made us neighbors,” Bush said, standing next to Fox, both Many are mistreated once they arrive in the United States — men in cowboy boots. “Cooperation and respect will make either by anti-immigrant activists, abusive border guards or un- us partners.” 7 scrupulous employers, who know illegal workers are reluctant In fact, the pre-9/11 climate was so immigration-friendly to report salary and other abuses to authorities. Indeed, stories that Mexico’s foreign minister confidently bragged that Mexi-

Continued from p. 404 From 1930 to 1950, for instance, to Texas agricultural interests that re- Immigration Reform fewer than 4 million newcomers ar- lied on cheap labor from Mexico. rived — more than a 50 percent drop “The Texas Proviso said companies he foundation of today’s immi- from the high immigration rates of the or farms could knowingly hire illegal T gration system dates back to 1965, early 20th century. The heated debates immigrants, but they couldn’t harbor when Congress overhauled the immi- that had accompanied the earlier waves them,” said Lawrence Fuchs, former gration rules. From the 1920s to the of immigration faded. “Immigration did- executive director of the U.S. Select 1960s, immigration had been marked- n’t even really exist as a big issue until Commission on Immigration and ly reduced, thanks largely to the effects 1965 because we just weren’t letting Refugee Policy. “It was a duplicitous of the Great Depression, World War that many people in,” said Peter policy. We never really intended to II and the quota system established in Brimelow, author of the 1995 best- prevent illegals from coming.” the 1920s. seller Alien Nation.

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co wouldn’t settle for anything “Folks here could always go less than a deal legalizing Mex- out and get a construction job for icans already in the United a decent wage,” said Lee Bevang, States. “It’s the whole enchi- in Covington, Ga. “But the con- lada or nothing,” Jorge G. tractors have totally taken ad- Castañeda said. 8 vantage of illegal aliens, paying So far, it’s been nada. Noth- them wages no American can ing. For Fox the politician, the live on. My husband has been lack of action is especially bad laid off. The concern about this news for his legacy. Mexico’s is just huge.” 10 constitution allows only one six-year term, and Fox’s term 1 Quoted on “Immigrant Nation: Di- ends in July 2006. Yet, com- vided Country,” CNN Presents, Oct. 17, 2004. prehensive immigration reform 2 The desert death figure comes from in the United States seems as

Getty Images/Rod Aydelotte Wayne Cornelius, “Controlling ‘Unwant- distant as ever. President Bush and Mexican President Vicente Fox ed’ Immigraton: Lessons from the Unit- discussed immigration at Bush’s Texas ranch in March ed States, 1993-2004,” Center for Com- “Fox staked his presiden- parative Immigration Studies, University cy on getting a bilateral [im- 2004. Bush supports a guest worker program for illegal of California-San Diego, Working Paper migration] agreement with the immigrants in the U.S. but opposes legalization. No. 92, December, 2004, p. 14, www.ccis- ucsd.org/PUBLICATIONS/wrkg92.pdf. United States,” says Manuel The remittances figure comes from “Las García y Griego, a specialist on U.S-Mexico relations at the Uni- Remesas Familiares en Mexico,” Banco de Mexico, noviembre, 2004, http://por- versity of Texas, Arlington. On the other hand, “Mr. Bush has tal.sre.gob.mx/ime/pdf/Remesas_Familiares.pdf. In English, a study by the Inter-American Development Bank has slightly older statistics: “Sending Money spent his political capital very selectively, only on things that Home: Remittance to and the Caribbean,” May 2004, are close to his heart — making tax cuts permanent, . I www.iadb.org/miff/v2/files/StudyPE2004eng.pdf. don’t see immigration in that category.” 3 Jorge Herrera, “Impulsa Senado protecciÛn a connacionales,” p. 17, www.elu- niversal.com.mx/pls/impreso/version_himprimir?p_id=124353&p_seccion=2. But Icaza insists the United States needs an accord as ur- 4 Jeffrey S. Passel, “Estimates of the Size and Characteristics of the Undocu- gently as Mexico. For security reasons alone, he says, the Unit- mented Population,” Pew Hispanic Center, March 21, 2005, www.pewhis- ed States must know who is living in the country illegally — panic.org. and a legalization program would allow illegal residents to step 5 David Kelly, “Illegal Immigration Fears Have Spread; Populist calls for tougher enforcement are being heard beyond the border states,” Los Angeles Times, forward with impunity. April 25, 2005. Moreover, Icaza says, citing almost word-for-word the Coun- 6 Ibid. cil of Economic Advisers’ latest annual report to the president: 7 Mike Allen and Kevin Sullivan, “Meeting in Mexico, Presidents Agree to “The benefits to the U.S. economy are larger than the costs Form Immigration Panel,” The Washington Post, Feb. 16, p. A1. 8 associated with Social Security, health and education.” 9 Patrick J. O’Donnell, “Amnesty by Any Name is Hot Topic,” Los Angeles Times, July 22, 2001, p. A1. But the amnesty proposal may not go very far if Bush per- 9 “Economic Report of the President,” February 2005, p. 115, http://www. ceives the issue as alienating his political base in the Southern and ewic.org/documents/ERP2005-Immigration.pdf. Midwestern “red states” that are now attracting many migrantes. 10 Quoted in Kelly, op. cit.

That all changed in 1965, when Con- basis for admission, the amendments re- Meanwhile, the percentage coming from gress scrapped the national-origin quo- paired “a deep and painful flaw in the , and the Caribbean tas in favor of immigration limits for fabric of American justice,” President jumped from about 30 percent in the major regions of the world and gave Lyndon B. Johnson declared at the time. 1950s to 75 percent during the ’70s. preference to immigrants with close rel- However, the law also dramatically The government had terminated the atives living in the United States. The changed the immigration landscape. Most in December 1964, 1965 amendments to the 1952 Immi- newcomers now hailed from the devel- bowing to pressure from unions and ex- gration and Nationality Act capped an- oping world — about half from Latin posés of the appalling conditions under nual immigration at 290,000 — 170,000 America. While nearly 70 percent of im- which the braceros were living and work- from the Eastern Hemisphere and 120,000 migrants had come from Europe or ing. But after having allowed millions of from the Western Hemisphere. By giv- Canada in the 1950s, by the 1980s that temporary Mexican laborers into the coun- ing priority to family reunification as a figure had dropped to about 14 percent. try legally for years, the government

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favoring tighter restrictions on immi- Illegal Immigrants Mostly From Latin America gration. Pro-growth and business More than 80 percent of the more than 10 million undocumented groups joined forces with longtime ad- immigrants in the United States in March 2004 were from Latin versaries in the Hispanic and civil rights America, including 57 percent from Mexico. communities to oppose the legislation. After several false starts, Congress Illegal Immigrants in the U. S. passed the Immigration Reform and (March 2004) Control Act (IRCA) in October 1986 — the most sweeping revision of U.S. and Other immigration policy in more than two Europe and Canada (0.4 million) decades. Using a carrot-and-stick ap- (0.6 million) proach, IRCA granted a general 4% amnesty to all undocumented aliens Asia 6% who were in the United States be- (1 million) fore 1982 and imposed monetary sanc- tions — or even prison — against 10.4% employers who knowingly hired un- 57% documented workers for the first time. 24% The law also included a commitment to beef up enforcement along the Other Latin Mexico (5.9 million) Mexican border. America IRCA allowed 3.1 million undocu- (2.5 million) mented aliens to obtain legal status. Within two years, the number of would- be immigrants detained at the border each year fell from a peak of more than 1.7 million in 1986 to fewer than 900,000 in 1989. “Once word spreads along the bor- Note: Percentages do not add to 100 due to rounding. der that there are no jobs for illegals Source: Jeffrey S. Passel, “Estimates of the Size and Characteristics of the in the U.S., the magnet no longer ex- Undocumented Population,” Pew Hispanic Center, March 21, 2005, based on data ists,” INS Commissioner Alan Nelson from the March 2004 “Current Population Survey” by the Census Bureau and said in 1985. But that assessment was Department of Labor premature.

found that it was now impossible to turn was particularly unfair to the tens of off the spigot. Despite beefed-up Bor- thousands of legal petitioners waiting Political Asylum der Patrol efforts, the number of illegal for years to obtain entry visas. migrants apprehended at the border “The simple truth is that we’ve lost owadays, illegal migrants come jumped from fewer than 100,000 in 1965 control of our own borders,” declared N not only from neighboring coun- to more than 1.2 million by 1985. President Ronald Reagan, “and no nation tries but also from the world’s far cor- In 1978 the Select Commission on can do that and survive.” 31 ners. Homeland Security Department Immigration and Refugee Policy con- In the mid-1980s, a movement officials have seized ships off the U.S. cluded that illegal immigration was the emerged to fix the illegal immigration East and West coasts loaded with most pressing problem facing immi- problem. Interestingly, the debate on would-be illegal Chinese immigrants. gration authorities, a perception Capitol Hill was marked by bipartisan Hundreds of others arrive on airplanes shared by the general public. 30 The alliances described by Sen. Alan K. with temporary visas and simply stay number of border apprehensions Simpson, R-Wyo., as “the goofiest past their visa-expiration dates. peaked in 1986 at 1.7 million, driven ideological-bedfellow activity I’ve ever As it is policing the borders, the de- in part by a deepening economic cri- seen.” 32 Conservative anti-immigration partment must also determine whether sis in Mexico. Some felt the decade- think tanks teamed up with liberal those immigrants seeking political asy- long increase in illegal immigration labor unions and environmentalists lum are truly escaping persecution or

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are merely seeking by a coalition of religious greener economic and refugee organiza- pastures. Historically, tions) agreed to recon- U.S. immigration sider the cases of tens of law has been more thousands of Central receptive to political Americans previously re- refugees if they come jected for political asy- from communist lum. A 1990 immigration countries. law created a new “tem- “It used to be clear,” porary protected status” said Doris Meissner, shielding from immedi- former INS commis- ate deportation people sioner. “Mexicans whose countries were were economic, torn by war or environ- Cubans and Viet- mental disaster. The pro- namese were political. vision was written with That changed when Central Americans in the Haitian boat peo- mind. Eventually, so ple started coming in many cases clogged the Getty Images/Joe Raedle the 1970s. Their rea- An immigrant works on new homes being built in Homestead, Fla., on system that in 1997 sons for leaving were May 7, 2004. An estimated 337,000 undocumented immigrants live Congress passed the both political and in Florida, according to the Department of Homeland Security. Nicaraguan Adjustment economic.” 33 and Central American Re- Unlike Cuban refugees arriving on crimination. From 1981 through 1986, the lief Act allowing thousands of Central boats — who are automatically ad- federal government deported nearly 18,000 Americans to bypass the backlogged mitted under the 1966 “Cuban Adjust- Salvadorans while granting permanent- asylum system and apply directly for ment Act” — Haitian “boat people” in resident status to 598. 34 During the same permanent legal residence. the 1970s were routinely imprisoned period, half of the immigrants from But the 1990 law also made broader while their applications were being — then under communist rule changes. It increased the number of for- processed. In 1981, the U.S. govern- — were granted asylum. eigners allowed to enter the United States ment began intercepting Haitians’ “Cubans and Poles were accepted each year from 500,000 to 700,000 (drop- boats on the high seas and towing without significant questioning,” said ping to 675,000 in 1995). More impor- them back to Haiti. That practice con- Ernesto Rodriguez, an immigration ex- tant, it nearly tripled the annual quota tinues. As for Cubans, the Clinton ad- pert at the University of Houston, for skilled professionals from 55,000 to ministration established a “wet foot/dry “Central Americans were grilled and 144,000. To alter the 1965 law’s prefer- foot” policy — still in effect — that usually not accepted, despite the fact ence for Latin American and Asian im- sends fleeing Cubans who don’t actu- that lives were endangered. [Polish migrants, it set new quotas for countries ally touch U.S. soil back to Cuba; those President] Lech Walesa would never seen as having been unfairly treated by who make a case for “credible fear of have survived in .” the earlier law, with newcomers from persecution” in Cuba are sent on to Responding to the unequal treatment, Europe and skilled workers receiving a third countries. churches and some U.S. communities greater share of entry visas. Complicating the asylum picture, in — Berkeley, Los Angeles, Chicago and the 1980s growing numbers of Central others — began offering sanctuary to Americans began fleeing non-commu- Central American refugees. By 1985, the Changes in 1996 nist regimes in war-torn countries like sanctuary movement had spread to more and Guatemala. But their than 200 parishes of all denominations. n the 1990s nearly 10 million new- chances of obtaining political asylum In 1985 several leaders of the move- I comers arrived on U.S. shores, the were slim, so many came in illegally. ment were tried for being part of an largest influx ever — with most still Human rights advocates argued that “alien- conspiracy.” coming from Latin America and Asia. the inconsistencies in the treatment of Four years later, the sanctuary move- President Bill Clinton realized early Central American and Haitian refugees ment was vindicated when the U.S. in his presidency that the so-called amounted to racial and political dis- government (in settling a lawsuit filed “amnesty” program enacted in 1986 had

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not solved the illegal-immigration prob- and document fraud. As for cracking 705,827 legal immigrants in fiscal 2002- lem. And in the Border States, concern down on employers, an agency district 2003 coming from Mexico. 44 No Mid- was growing that undocumented im- director told The Washington Post, “We’re dle Eastern or predominantly Muslim migrants were costing U.S. taxpayers out of that business.” The idea that em- countries have high numbers of legal too much in social, health and educa- ployers could be persuaded not to hire immigrants, although was 13th tional services. On Nov. 8. 1994, Cali- illegal workers “is a fairy tale.” 38 among the top 15 countries of origin fornia voters approved Proposition 187 for legal immigrants in 1998. 45 denying illegal immigrants public edu- cation or non-essential public-health ser- Terrorism and Immigrants vices. Immigrants’-rights organizations immediately challenged the law, which he debate over immigration heat- a court later ruled was mostly uncon- T ed up dramatically after the 9/11 CURRENT stitutional. But the proposition’s passage terrorist attacks. Although none of the had alerted politicians to the intensity terrorists were immigrants, all were SITUATION of anti-illegal immigrant sentiment. 35 foreigners. And some had received House Republicans immediately in- help in obtaining housing and driver’s cluded a proposal to bar welfare ben- licenses from members of Middle East- Hardliners Score efits for legal immigrants in its “Con- ern immigrant communities. 39 tract with America,” and in 1995, after Nevertheless, there were no indica- the GOP won control of the House, tions that Middle Eastern immigrants in n Congress, immigration hardliners Congress took another stab at reforming general had anything to do with the at- I are on a roll. In April, Rep. Sensen- the rules for both legal and illegal im- tacks or with terrorism. But in the days brenner and other House Republicans migration. But business groups blocked and weeks following the attacks, feder- demanded that the Senate take up his efforts to reduce legal immigration, so al agents rounded up more than 1,200 driver’s license/asylum/border fence the new law primarily focused on Middle Easterners on suspicion of break- legislation in a “must-pass” supple- curbing illegal immigration. ing immigration laws, being material wit- mental spending bill. Senators from The final legislation, which cleared nesses to terrorism or supporting the both parties were reluctant to tackle Congress on Sept. 30, nearly doubled enemy. By August 2002, most had been immigration in that inflexible context. the size of the Border Patrol and pro- released or deported. 40 But Sensenbrenner had already over- vided 600 new INS investigators. It ap- Nevertheless, a senior Justice De- come Democratic opposition in the propriated $12 million for new border- partment official said the jailings had House and wasn’t backing down. control devices, including motion sensors, “incapacitated and disrupted some on- “A senator came into my office and set tougher standards for applying for going terrorist plans.” 41 said, ‘I want to filibuster this,’ and I political asylum and made it easier to Whatever the effects on terrorism, said, ‘Get real,’” Senate Minority Leader 46 expel foreigners with fake documents or there is no question that 9/11 and the Reid, told reporters on April 25. none at all. 36 The law also severely lim- government response to the attacks put Even the Senate’s senior Republican ited — and in many cases completely a dent in legal immigration. In fiscal wasn’t happy about having to take up eliminated — non-citizens’ ability to 2002-2003 — the latest period for which immigration as part of a must-pass spend- challenge INS decisions in court. 37 statistics are available — the number ing bill. Two weeks before Reid told But the new law did not force au- of people granted legal permanent res- his anecdote, his Republican counter- thorities to crack down on businesses idence (green cards) fell by 34 percent; part, Majority Leader Bill Frist, R-Tenn., that employed illegal immigrants even 28,000 people were granted political said he would prefer to “address im- though there was wide agreement such asylum, 59 percent fewer than were migration in the future.” Twelve sena- a crackdown was vital. As the Com- granted asylum in fiscal 2000-2001. 42 tors from both parties had formally asked mission on Immigration Reform had said But the growth of illegal immigration Frist to keep immigration out of the 47 in 1994, the centerpiece of any effort to under way before 9/11 continued after- supplemental-funding legislation. stop illegal entrants should be to “turn ward, with 57 percent of the illegal im- Sensenbrenner not only held his own off the jobs magnet that attracts them.” migrants coming from Mexico. 43 against other legislators but also se- By 1999, however, the INS had stopped Due to the family-reunification pro- cured White House endorsement. “This raiding work sites to round up illegal im- vision in immigration law, Mexico is important legislation will strengthen the migrant workers and was focusing on also the leading country of origin for ability of the United States to protect foreign criminals, immigrant-smugglers legal immigrants — with 116,000 of the Continued on p. 412

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AreYes today’s immigrants assimilating into U.S. society?

TAMAR JACOBY VICTOR DAVIS HANSON SENIOR FELLOW, MANHATTAN INSTITUTE; EDITOR, FELLOW, HOOVER INSTITUTION; AUTHOR, REINVENTING THE MELTING POT: THE NEW IMMI- MEXIFORNIA: A STATE OF BECOMING (2003) GRANTS AND WHAT IT MEANS TO BE AMERICAN (2004) FROM WORLD MAGAZINE, APRIL 2, 2005 FROM “THINK TANK,” PUBLIC BROADCASTING SERVICE, JUNE 24, 2004 ith perhaps as many as 20 million illegal aliens from Mexico, and the immigration laws in shreds, t’s always been true that Americans have loved the immi- we are reaching a state of crisis. Criminals abound grants of a generation or two ago and been frightened w to prey on illegal aliens because they assume their victims are i by the immigrants of their era. They think the past afraid to call the police, carry mostly cash, don’t speak English, worked perfectly, and they look around and exaggerate how live as transients among mostly young males and are not legal difficult it is in the present. participants in their communities. Your average American says, “Well, I hear all this Spanish If there were not a perennial supply of cheap labor, wages spoken.” But in the second generation, if you grow up here would rise and would draw back workers to now despised you may not learn [Spanish] in school; you may learn it on seasonal jobs; something is terribly wrong when central Califor- the street, but you become proficient in English. By the third nia counties experience 15 percent unemployment and yet in- generation, about two-thirds of Hispanics speak only English. sist that without thousands of illegal aliens from Oaxaca crops You can be in Mexican-American neighborhoods in California won’t be picked and houses not built. At some point, some and hear all the adults speaking to each other in Spanish, and genius is going to make the connection that illegal immigration the little siblings speak to each other in English. may actually explain high unemployment by ensuring employ- The bulkyes of immigrants who are coming now are people ers cheap labor nothat will not organize, can be paid in cash who understand cultural fluidity, understand intermarriage [and] and often requires little government deductions and expense. find that a natural, easy thing. They understand the mixing of Attitudes about legality need to revert back to the pre- cultures and find the binary nature of our views of race and 1960s and 1970s, when immigration was synonymous with in- our views of out and in very alien. And that bodes well for tegration and assimilation. We need to dispense with the assimilation. flawed idea of multiculturalism and return to the ideal of mul- One statistic tells the story. In 1960, half of American men tiracialism under the aegis of a unifying Western civilization. hadn’t finished high school. Today, only 10 percent of Ameri- First-generation meritocratic Asians at places like University can men have not finished high school. The people who of California at Berkeley and the University of California at Los used to drop out of high school in 1960 did a kind of job Angeles provide an example. What is the Asian community that Americans don’t want to do anymore. Immigrants don’t doing that its Mexican counterpart is not? Is it family emphasis tend to displace American workers. They have some effect on on education, a sense of separation from the motherland, a wages — a small, temporary effect. But it’s not a zero-sum tendency to stress achievement rather than victimization, prefer- game. They help grow the economy. ence for private enterprise rather than government entitlement? The key is [for immigrants to] buy into our political values We need to discuss these taboo and politically incorrect para- and play by the rules. It’s a balance between that sense of doxes if we really wish to end something like four of 10 Cali- shared values and shared political ideals — and then [doing] fornia Hispanic high-school students not graduating. Too many whatever you want to do at home. are profiteering and finding careers out of perpetuating the fail- After 9/11, Americans were very frightened. Polls showed ure of others — others who will be the dominant population huge numbers — two-thirds or higher — thought that the of the American Southwest in another decade. borders should be closed or that we should have much lower In all public discourse and debate, when the racial chauvinist [immigration] numbers. Some of those surface fears are screams “racist” in lieu of logic, we all need to quit recoiling or ebbing, but I think people [remain] uneasy. [Yet] there’s a apologizing, and instead rejoin with “Shame on you, shame, kind of optimism and a faith in America and in America’s shame, shame for polluting legitimate discussion with race.” power to absorb people that you could tap into. If you said We need to return to what is known to work: measured we have control but we are absorbing them, I think you and legal immigration, strict enforcement of our existing laws, could get people to go for higher [immigration] numbers. And stiff employer sanctions, an end to bilingual documents and when you look at the big picture — are today’s immigrants interpreters — in other words, an end to the disastrous salad assimilating?No The evidence is: Yes. bowl and a return to the successful melting pot.

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Continued from p. 410 them to attend postsecondary school or law also requires the state and local against terrorist entry into and activities join the military. After graduation or hon- governments to check the immigration within the United States,” Joshua B. Bolten, orable discharge, the student could status of anyone applying for unspec- director of the Office of Management apply for a . ified “public benefits” and to report any and Budget, wrote in an April 25 let- Currently, eight states, California and illegal immigrants who apply. 50 ter to Rep. Jerry Lewis, R-Calif., House New York among them, explicitly dis- Proponents said the law’s “benefits” Appropriations Committee chairman. regard immigration status in granting in- provision was designed to plug a loop- Lobbyists and congressional staffers fol- state tuition. In the rest of the country, hole that enabled illegal immigrants to lowing the immigration debate saw though, illegal immigrants need not apply. obtain welfare because of holes in the Bush’s backing as a bid to obtain sup- Hatch’s bill — if he introduces it — system. “Such benefits are an incentive port from immigration hardliners for fu- aims to benefit illegal immigrants whom for illegal aliens to settle in Arizona and ture guest worker legislation, an analysis even conservatives like himself can ad- hide from federal authorities,” state Rep. also reported in The New York Times. 48 mire. In a political environment in which Russell Pearce, R-Mesa, said. 51 Sensenbrenner’s office didn’t return a call get-tough approaches are picking up steam, But the new law didn’t actually pro- seeking comment about the matter. how far support for the DREAM Act would hibit anything that wasn’t already for- With enactment of Sensenbrenner’s extend seemed open to question. bidden, opponents said. Ray Ybarra, proposal virtually certain, his get-tough Given the atmosphere, at least one who was observing the Minuteman Pro- approach was for the moment the only immigrant-rights advocate reported that ject for the American Civil Liberties game in town. Sens. McCain and Kennedy others on her side have concluded that Union, told a reporter that the law sim- had not yet introduced their long-an- “earned legalization” had to be accom- ply restated existing prohibitions on il- nounced guest worker and “earned le- panied by tougher border security to legal immigrants voting or getting wel- galization” bill. A bill by Idaho’s Sen. have any chance at all in Congress. fare. He called the new law an outgrowth Craig and Kennedy to create a jobs pro- “Any reform worthy of the name of “fear and misunderstanding.” 52 gram for foreign farm workers didn’t sur- must restore the public’s confidence in The new law has led immigration-con- vive as an amendment to the Senate the immigration system, and . . . the trol forces to propose legislation that would version of the supplemental. only way to do that is by regaining con- bar illegal immigrants from state colleges, A climate in which legislators were trol of our borders,” Tamar Jacoby, a adult-education classes and utility and feeling heat from constituents about se- senior fellow at the Manhattan Institute, child-care assistance. The proposed leg- curity was also evident in fact-finding wrote. “The answer to the immigration islation, which was under consideration hearings. “You can’t believe the num- problem must be a blend: sensible laws, in early May, set off a new round of de- bers of times people in Oklahoma come strictly enforced.” 49 bate. Arizonans shouldn’t have to subsi- up to me and say, ‘When are we going dize services for people in the country to control the border?’” Sen. Tom illegally, argued state Rep. Tom Boone, Coburn, R-Okla., said at hearing of the State Debate R-Glendale, the bill’s sponsor. Opponents Immigration and Terrorism subcommit- countered that Hispanic citizens would tees on April 28. He added, “It’s really he hard-line approach is no less have to suffer extra scrutiny simply be- not about illegal immigration. It’s really T evident at the state level. In cause of their appearance. 53 about the risk of terrorism.” Arkansas, the fate of legislation con- A Democratic opponent tried to Coburn asked Border Patrol Chief David sistent with a DREAM Act-approach add sanctions against employers who Aguilar, “Are people coming here illegally toward illegal immigrants in school hire illegal immigrants. Republicans because we don’t have the resources with was one indication of prevailing opin- voted that down on the first attempt. which to control the border?” ion. In April, the state Senate reject- Perhaps because Arizona is on the “I think that is a correct statement. ed legislation that would have made border and its new law passed by ref- Yes, sir,” Aguilar replied. illegal immigrants eligible for in-state erendum, the legislation received Another yet-to-appear immigration tuition. The state attorney general had more national attention than a similar bill was Hatch’s DREAM Act, which a ruled that the bill might have violat- measure enacted in Virginia this year. press aide says Hatch will re-introduce; ed the 1996 immigration law. Similar As in Arizona, the Virginia law requires in the 2003-2004 Congress it didn’t reach bills are pending in North Carolina, anyone applying for non-emergency the full Senate for a vote. Massachusetts, Oregon and Nebraska. public benefits — such as Medicaid and The legislation would enable youths Arizona voters last year approved welfare — to be a legal U.S. resident. with no criminal record to seek “condi- Proposition 200, which requires proof Democratic Gov. Mark Warner down- tional” legal residency, which would allow of citizenship before voting. The new played the measure’s effects, even as he

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signed it into law, saying it restated fed- the Mexicans who moved into a house ers milling on local street corners wait- eral prohibitions against illegal immigrants across the street from his Marietta, Ga., ing for employers seeking day laborers, receiving some public benefits. 54 home. “They filled their house full of he says, “I have never gotten through Arizona’s new law is a model for im- people. At one time, there were 18 to a person, and I’ve never gotten a re- migration-control forces in other states. people living in this home.” 58 turn phone call.” 61 In Colorado, organizations that want to Harvard historian Samuel Hunting- “To whom does an American citi- cut back illegal immigrants’ access to ton, in his controversial new book zen turn when his government will state services are planning to follow the Who Are We: The Challenges to Ameri- not protect him from the Third World?” Arizona pattern by bringing the proposal ca’s National Identity, worries that the King asks. “What do we do now?” before voters in a referendum since the sheer number of Latino immigrants has Asa Hutchinson, former undersec- state legislature didn’t act on the idea. created a minority with little incentive retary of the Department of Homeland But among voters at large, organizers of to assimilate, potentially creating an Security, which oversees the INS, had the referendum drive predict they’ll have America with a split identity. a mixed message in addressing King’s no trouble getting more than the 70,000 “Continuation of this large immigra- frustration. signatures needed to put the proposal tion [without improved assimilation] could “I would certainly agree with him on the 2006 election ballot. 55 divide the United States into a country that we have to enforce our law, and The legislation is “playing to the of two languages and two cultures,” it’s an important part of my responsi- worst fears and instincts of people,” writes Huntington, who heads the Har- bilities,” Hutchinson told CNN last Oc- said Democratic state Rep. Terrence vard Academy for International and tober. “But whenever you look at the Carroll, an opponent. “It has a very Area Studies. “Demographically, social- family that is being very productive and good chance of passing.” 56 ly and culturally, the (re- has a great family life contributing to In North Carolina, meanwhile, five conquest) of the Southwestern United American society, but in fact they came proposals are designed to crack down States by Mexican immigrants is well here illegally, I don’t think you could on illegal immigration by denying dri- under way. Hispanic leaders are actively excuse the illegal behavior. But you also ver’s licenses to undocumented immi- seeking to transform the United States recognize they’re not terrorists. They’re grants and forcing employers who hire into a bilingual society.” 59 contributing to our society. We under- them to cover some of their medical But many reject Huntington’s argu- stand the humanitarian reasons that expenses. Immigration is a recent phe- ment. “The same thing was said about brought them here.” 62 nomenon in the state, and a big one. African-Americans . . . about the Irish,” Hutchinson said the dilemma for An estimated 300,000 illegal immigrants a Georgia restaurant owner, who U.S. officials is particularly difficult have settled in North Carolina — a 43 asked not to be identified, told CNN. when those illegal immigrants have percent increase from 2000 to 2004 — “It’s the same old song and over time had children born here, who are now driven by demand from farmers, hotels it’s proved to be a bunch of bologna. U.S. citizens. “Do you jerk the parents and construction companies. 57 I believe these people are just like up and send them back to their home any other newcomers to this country. country and leave the two children They can immigrate in and they’re here that are U.S. citizens? Assimilation Debate doing a great job here. And why should “Those are the problems that we’re they be any different?” 60 dealing with every day. Yes, we cer- n small communities experiencing Those like Huntington and King say tainly want to enforce the law, but we I unprecedented waves of new im- they are not against legal immigrants have to recognize we also are a com- migrants, many residents feel that the but oppose unchecked illegal immigra- passionate country that deals with a overwhelming numbers of Latinos tion. King, in particular, is so furious real human side as well.” showing up in their towns are chang- with the government’s refusal to enforce ing American culture. They say that immigration laws against what he sees Mexican immigrants — perhaps be- as the “invasion and the colonization of Asylum cause they need only walk across the my country and my state and my city” border to return home — stick to them- that he founded the Marietta, Ga.-based olitical asylum accounts for few im- selves and refuse to learn English or American Resistance Foundation, which P migrants but plays an outsized role to assimilate as readily as previous pushes for stricter enforcement of im- in the immigration debate. Most legal waves of immigrants. migration laws. immigrants settle in the United States be- “They didn’t want to socialize with Whenever he calls the INS to report cause the government decides to allow anybody,” said D.A. King, describing seeing dozens of undocumented work- them in, and illegal immigrants come

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because they can. But asylum-seekers The 1996 law tightened up the migrants into the deadly desert of north- are granted refuge because the law re- process in other ways as well. If a ern Mexico. And announced measures quires it — not just federal law but in- foreigner asks for asylum when try- to step up border enforcement didn’t ternational humanitarian law as well. ing to enter the United States, he must stop illegals from coming in — both The Convention Relating to the Status get a so-called “credible fear inter- before and after 9/11 — although legal of Refugees of 1951, which was up- view.” If an asylum officer concludes immigration did drop. dated in 1967, says that no one fleeing that a “significant possibility” exists for Faced with such a track record, political, racial or religious persecution the foreigner to win asylum, a judge many immigration experts say legisla- can be returned involuntarily to a coun- might rule that the foreigner should- tion and law enforcement may not be try where he or she is in danger. 63 n’t be deported. If the asylum officer the best ways to change immigration However, the United States and all decides that foreigners haven’t met patterns, especially where illegal im- other countries that grant asylum can the “credible fear” standard, they are migration is concerned. determine who qualifies for that pro- held and then deported. But those “The absence of consensus on al- tection and who doesn’t. “Irresponsi- who do meet the standard may be ternatives locks in the current policy ble judges have made asylum laws released while they await hearings on mix, under which unauthorized immi- vulnerable to fraud and abuse,” Rep. their asylum claims. 66 grants bear most of the costs and risks Sensenbrenner said in promoting his And even getting to the first step of of ‘control’ while benefits flow im- “Real ID” bill, which would limit the the asylum process is difficult. In fiscal pressively to employers and con- right to asylum by raising the stan- 1999 through 2003, asylum was re- sumers,” Cornelius of the University of dard for granting asylum and allow- quested by 812,324 foreigners, but only California has concluded. “Promised fu- ing judges to take an applicant’s de- 35,566 were granted credible fear in- ture experiments with guest worker meanor into account. terviews. 67 Of the 36,799 asylum ap- programs, highly secure ID cards for “We will ensure that terrorists like plicants whose cases were decided dur- verifying employment eligibility and Ramzi Yousef, the mastermind of the ing the same period, 5,891 were new technologies for electronic bor- first World Trade Center attack in 1993, granted asylum or allowed to remain der control are unlikely to change this no longer receive a free pass to move in the United States under the interna- basic dynamic. 69 around America’s communities when tional Convention Against Torture; 19,722 “The back door to undocumented im- they show up at our gates claiming applicants were ordered deported, and migration to the United States is essen- asylum,” Sensenbrenner said. 64 1,950 withdrew their applications. An- tially wide open,” he said. “And it is Civil liberties advocates say terrorists other 2,528 were allowed to become likely to remain wide open unless some- today could not breeze through an im- legal permanent residents. 68 thing systematic and serious is done to migration inspection by demanding asy- reduce the demand for the labor.” 70 lum because the 1996 immigration Steven Camarota, research director overhaul tightened after Yousef and of the Washington-based Center for Im- others abused it. Above all, the 1996 OUTLOOK migration Studies, which advocates immigration act authorized immigration tougher immigration controls, agrees. inspectors to refuse entry to foreigners “There is a fundamental political stale- without passports, or with illegally ob- mate,” he says. “You have a divide in tained travel documents. 65 Focus on Mexico the country between public opinion In addition, says Erin Corcoran, a and elite opinion. Elite opinion is strong Washington-based lawyer in the asylum- mmigration predictions have a way enough to make sure that the law rights program of Human Rights First I of turning out wrong. The 1986 Im- doesn’t get enforced but is not strong (formerly, the Lawyers Committee for migration Reform and Control Act did- enough to repeal the law. Public opin- Human Rights), asylum seekers now n’t control illegal immigration. The 1994 ion is strong enough to ensure that the get their fingerprints and photos checked North American Free Trade Agreement law doesn’t get repealed but not strong at each stage in the process. “Real ID didn’t create enough jobs in Mexico enough to get the law enforced. For just heightens the burden of proof that to keep Mexicans from migrating. The most politicians a continuation of the a genuine applicant must meet,” Cor- 1996 Immigration Enforcement Im- status quo doesn’t have a huge politi- coran says, arguing that terrorists are provement Act didn’t lessen the flow cal downside.” more than capable of adjusting to the of illegal immigrants. Cracking down Nevertheless, Stein of FAIR argues new security environment. “A terrorist on illegal crossings in big cities like that Beltway insiders are only slowly would have everything in order.” San Diego and El Paso only funneled catching on to what’s happening in

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the country at large. “The issue is build- Diego, December 2004, p. 5, www.ccis- ing very rapidly in terms of public Notes ucsd.org/PUBLICATIONS/wrkg92.pdf. frustration,” he says. “You talk to [con- 11 Statement, March 15, 2005; www.cbp. gressional] representatives, they’ll tell 1 Quoted in “CNN Presents: Immigrant Na- gov/xp/cgov/newsroom/commissioner/speech you that you go to town meeting and tion: Divided Country,” Oct. 17, 2004. es_statements/mar17_05.xml. 2 12 Donald L. Bartlett and James B. Steele, talk about the budget or one of the Jeffrey S. Passel, “Estimates of the Size and “Who Left the Door Open,” Time, Sept. 20, issues that the party wants to talk Characteristics of the Undocumented Popu- lation,” March 21, 2005, Pew Hispanic Cen- 2004, p. 51. about, and the discussion will last five 13 ter, www.pewhispanic.org. Birgit Meade, unpublished analysis, Eco- minutes. Mention immigration and 3 Census Bureau, Statistical Abstract of the Unit- nomic Research Service, U.S. Dept. of Agri- two hours later you’re still on it. It’s ed States, 2004-2005, p. 8; www.census.gov/ culture. on fire out there.” prod/2004pubs/04statab/pop.pdf; Office of Pol- 14 George J. Borjas, Heaven’s Door: Immi- Developments in Mexico may be icy and Planning, U.S. Immigration and Natu- gration Policy and the American Economy as important to the future of U.S. im- ralization Service, “Estimates of the Unautho- (1999), pp. 87-104. migration policy as anything that Wash- rized Immigration Population Residing in The 15 Ibid, pp. 103-104. 16 ington politicians do, says Martin, at United States: 1990 to 2000,” http://uscis.gov/ Ibid, pp. 90-91. 17 the University of California. If the pop- graphics/shared/statistics/publications/Ill_Report_ Chirag Mehta et al., “Chicago’s Undocumented Immigrants: An Analysis of Wages, Working ulist mayor of Mexico City, Manuel 1211.pdf; Steven A. Camarota, “Economy Slowed, Conditions, and Economic Contributions,” Feb- López Obrador, wins the presidency But Immigration Didn’t: The Foreign-Born Pop- ulation 2000-2004,” Center for Immigration ruary 2002, www.uic.edu/cuppa/uicued/ npub- of Mexico in 2006, he says, the mu- Studies, November 2004, www.cis.org/arti- lications/recent/undocimmigrants.htm. tual distrust between the internation- cles/2004/back1204.pdf. 18 “Immigration and Border Security Evolve, al business community and left-lean- 4 Quoted in David Kelly, “Illegal Immigration 1993 to 2001,” Chapter 4 in “Staff Monograph ing politicians who favor government Fears Have Spread; Populist calls for tougher on 9/11 and Terrorist Travel,” National Com- intervention in the economy could play enforcement are being heard beyond the bor- mission on Terrorist Attacks Upon the Unit- a key role in immigration to the Unit- der states,” Los Angeles Times, April 25, 2005. ed States, 2004, www.9-11commission.gov/ ed States: “That will slow down for- 5 Ibid. staff_statements/911_TerrTrav_Ch4.pdf. 19 eign investment,” making it likely that 6 Ibid. Ibid. 20 illegal immigration would continue at 7 Seth Hettena, “Congressmen call on Senate Ibid. 21 The 9/11 Commission Report (2004), pp. a high level, he says. to pass bill to fortify border fence,” The As- 248, 387. Martin doubts there is much po- sociated Press, March 29, 2005. 8 PR Newswire, “Senator John McCain Sur- 22 T. R. Reid and Darryl Fears, “Driver’s License tential for political violence and desta- prises U.S. Constitutional Development Class Curtailed as Identification,” The Washington bilization in Mexico. Nevertheless, hun- at Annapolis . . . ,” April 21, 2005. Post, April 17, 2005, p. A3. dreds of thousands of people turned 9 “President Meets with President Fox and 23 Muzaffar A. Chishti et al., “America’s Chal- out in Mexico City in April to protest Prime Minister Martin,” White House, March lenge: Domestic Security, Civil Liberties, and a move to prosecute López Obrador 23, 2005, www.whitehouse.gov/news/releas- National Unity After September 11,” Migration for a minor legal violation, raising the es/2005/03/print/20050323-5.html. Policy Institute, 2003, p. 7. specter of serious political conflict. 71 10 Wayne Cornelius, “Controlling ‘Unwanted’ 24 Miriam , “Illegals’ New Lament: Have If that happens, immigration could be Immigration: Lessons from the United States, Degree, No Job,” The Wall Street Journal, seen as a political — as well an eco- 1993-2004,” Center for Comparative Immi- April 26, 2005, p. B1. 25 Ibid. nomic — safety valve. gration Studies, University of California, San “That may be the best rationale for letting illegal immigration be what it About the Author is,” says Borjas of Harvard, who oth- erwise opposes that trend. “I could Peter Katel is a CQ Researcher staff writer who previ- see the point to that.” ously reported on Haiti and Latin America for Time and With little likelihood of substantial Newsweek and covered the Southwest for newspapers change to the immigration picture, vir- in New Mexico. He has received several journalism tually all observers agree that there is awards, including the Bartolomé Mitre Award for drug one potential exception: a major ter- coverage from the Inter-American Press Association and rorist act committed in the United States awards for investigative and interpretive reporting from the by an illegal border-crosser. In that New Mexico Press Association. He holds an A.B. in uni- event, Borjas says, “Who knows what versity studies from the University of New Mexico. the outcome would be?”

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ILLEGAL IMMIGRATION

26 Gorgonio Balbuena, et al. v. IDR Realty LLC, et al; 2004 N.Y. App. Div. 27 Unless otherwise noted, material in the FOR MORE INFORMATION background section comes from Rodman D. Center for Comparative Immigration Studies, University of California, San Griffin, “Illegal Immigration,” The CQ Researcher, Diego, La Jolla, CA 92093-0548; (858) 822-4447; www.ccis-ucsd.org. Analyzes U.S. April 24, 1992, pp. 361-384; Kenneth Jost, immigration trends and compares them with patterns in Europe and Asia. “Cracking Down on Immigration,” The CQ Researcher, Feb. 3, 1995, pp. 97-120; and Center for Immigration Studies, 1522 K St., N.W., Suite 820, Washington, DC David Masci, “Debate Over Immigration,” The 20005-1202; (202) 466-8185; www.cis.org. A think tank that advocates reduced im- CQ Researcher, July 14, 2000, pp. 569-592. migration. 28 For background, see Richard L. Worsnop, Civil Homeland Defense, P. O. Box 1579, Tombstone, AZ 85638; (520) 457-3008; “Asian Americans,” The CQ Researcher, Dec. www.civilhomelanddefense.us. An offshoot of the Minuteman Project that encourages 13, 1991, pp. 945-968. citizens to patrol the Mexican border in Arizona against illegal immigrants. 29 Quoted in Ellis Cose, A Nation of Strangers: Federation for American Immigration Reform Prejudice, Politics and the Populating of , 1666 Connecticut Ave., N.W., Suite 400, Washington, DC 20009; (202) 328-7004; http://fairus.org. A leading ad- America (1992), p. 191. vocate for cracking down on illegal immigration and reducing legal immigration. 30 Cited in Michael Fix, ed., The Paper Curtain: Employer Sanctions’ Implementation, Impact, Migration Dialogue, University of California, Davis, 1 Shields Ave., Davis, CA and Reform (1991), p. 2. 95616; (530) 752-1011; http://migration.ucdavis.edu/index.php. An academic research 31 Quoted in Tom Morganthau et al., “Closing center that focuses on immigration from rural Mexico and publishes two quarterly the Door,” Newsweek, June 25, 1984. Web bulletins. 32 Quoted in Dick Kirschten, “Come In! Keep Migration Policy Institute, 1400 16th St., N.W., Suite 300, Washington, DC 20036; Out!,” National Journal, May 19, 1990, p. 1206. (202) 266-1940; www.migrationpolicy.org. Analyzes global immigration trends and 33 For background, see Peter Katel, “Haiti’s advocates fairer, more humane conditions for immigrants. Dilemma,” The CQ Researcher, Feb. 18, 2005, pp. 149-172. National Immigration Law Center, 3435 Wilshire Blvd., Suite 2850, Los Angeles, CA 90010; (213) 639.3900; http://nilc.org. Advocacy organization aimed at defending 34 Cose, op. cit., p. 192. the legal rights of low-income immigrants. 35 Ann Chih Lin, ed. Immigration, CQ Press (2002), pp. 60-61. 36 William Branigin, “Congress Finishes Major 46 Anne Plummer, “Immigration Provisions 57 Michael Easterbrook, “Anger rises toward Legislation; Immigration; Focus is Borders, Likely to Remain in Supplemental Spending illegal immigrants,” [Raleigh, N.C.] News & Not Benefits,” The Washington Post, Oct. 1, Bill, Reid Says,” CQ Today, April 25, 2005. Observer, April 17, 2005, p. A1. 1996, p. A1. 47 Seth Stern, “Senate Tries to Keep Immigra- 58 CNN, op. cit. 37 David Johnston, “Government is Quickly tion Proposals from Sticking to Supplemental,” 59 Samuel Huntington, “The Hispanic Chal- Using Power of New Immigration Law,” The CQ Today, April 12, 2005. lenge,” Foreign Policy, March/April 2004. New York Times, Oct. 22, 1996, p. A20. 48 Matthew L. Wald and David D. Kirkpatrick, 60 CNN, op. cit. 38 William Branigin, “INS Shifts ‘Interior’ Strat- “U.S. May Require Closer Scrutiny to Get a Li- 61 King’s quotes are from ibid. egy to Target Criminal Aliens,” The Wash- cense,” New York Times, May 3, 2005, p. A-1. 62 Hutchinson’s quotes are from ibid. ington Post, March 15, 1999, p. A3. 49 Tamar Jacoby, “Thinking Out Loud/Immigra- 63 “The Wall Behind Which Refugees Can 39 The 9/11 Commission, op. cit., pp. 215-223. tion,” Los Angeles Times, May 1, 2005, p. M-3. Shelter,” U.N. High Commissioner for Refugees, 40 Adam Liptak, Neil A. Lewis and Benjamin 50 “Proposition 200,” Arizona Secretary of State, 2001; www.unhcr.org. Weiser, “After Sept. 11, a Legal Battle On the http://www.azsos.gov/election/2004/info/Pub- 64 Dan Robinson, “Congress — Immigration,” Limits of Civil Liberty,” The New York Times, Pamphlet/english/prop200.htm. , Dec. 8, 2004, www.globalse- Aug. 4, 2002, p. A1. For background, see 51 Ibid. curity.org/security/library/news2004/12/sec-0412. Patrick Marshall, “Policing the Borders,” The 52 Jacques Billeaud, “Congressman: Prop 200’s 65 “Asylum Seekers in ,” Unit- CQ Researcher, Feb. 22, 2002, pp. 145-168. passage was key moment in effort to limit im- ed States Commission on International Religious 41 Ibid. migration,” The Associated Press, April 2, 2005. Freedom, Executive Summary, pp. 1-2, Feb. 8, 42 Deborah Meyers and Jennifer Yau, US Im- 53 Jacques Billeaud, “Arizona lawmakers try 2005, www.uscirf.gov/countries/global/asylum_ migration Statistics in 2003, Migration Policy to add restrictions for illegal immigrants,” The refugees/2005/february/index.html. Institute, Nov. 1, 2004, www.migrationinforma- Associated Press, March 24, 2005. 66 Ibid. tion.org/USfocus/display.cfm?id=263; and Home- 54 Chris L. Jenkins, “Warner Signs Limits on 67 Ibid, p. 295. land Security Department, “2003 Yearbook of Immigrant Benefits,” The Washington Post, 68 Ibid. Immigration Statistics,” http://uscis.gov/graph- March 30, 2005, p. B5. 69 Cornelius, op. cit., p. 24. ics/shared/statistics/yearbook/index.htm. 55 David Kelly, “Colorado Activists Push Im- 70 CNN, op. cit. 43 Passel, op. cit., p. 8. migration Initiative,” Los Angeles Times, March 71 Ginger Thompson and James C. McKinley Jr., 44 Meyers and Yau, op. cit. 13, 2005, p. A23. “Opposition Chief at Risk in Mexico,” The 45 Lin, op. cit., p. 20. 56 Ibid. New York Times, April 8, 2005, p. A1.

416 The CQ Researcher CQ Press Custom Books - Page 24 17 CQR Immigration 3/14/06 2:25 PM Page 417 Bibliography Selected Sources

Books Kammer, Jerry, “Immigration plan’s assumption on unskilled workers contested,” San Diego Union-Tribune, Borjas, George J., Heaven’s Door: Immigration Policy March 31, 2005, p. A1. and the American Economy, Princeton University Press, Even immigrants who once lacked legal status themselves 2000. are worried about the continued influx of illegal immigrants, A Harvard economist who is a leading figure in the debate because they drive down wages. over immigration and the economy argues for encouraging immigration by the highly skilled while discouraging the entry Porter, Eduardo, “Illegal Immigrants are Bolstering Social of low-skilled workers. Security With Billions,” The New York Times, April 5, 2005, p. A1. Dow, Mark, American Gulag: Inside U.S. Immigration Government figures indicate that illegal immigrants are sub- Prisons, University of California Press, 2004. sidizing Social Security by about $7 billion a year by pay- A freelance journalist penetrates the secretive world of im- ing taxes from which they will never benefit. migrant detention and finds widespread abuse of prisoners who are granted few, if any, legal rights. Seper, Jerry, “Rounding Up All Illegals ‘Not Realistic,’ ” Washington Times, Sept. 10, 2004, p. A1. Huntington, Samuel P., Who Are We?: The Challenges to The undersecretary of homeland security acknowledges that law America’s National Identity, Simon & Schuster, 2004. enforcement officials are not hunting for all illegal immigrants, A Harvard professor argues that mass immigration, espe- something he said would be neither possible nor desirable. cially from Latin America, is flooding the United States with people who are not assimilating into mainstream society. Reports and Studies

Jacoby, Tamar, ed., Reinventing the Melting Pot: The New Lee, Joy, Jack Martin and Stan Fogel, “Immigrant Stock’s Immigrants and What It Means To Be An American, Basic Share of U.S. Population Growth, 1970-2004,” Federation Books, 2004. for American Immigration Reform, 2005. Authors representing strongly differing views and experi- The authors conclude that more than half of the country’s ences on immigration contribute essays on how the present population growth since 1970 stems from increased immi- wave of immigrants is changing — and being changed by gration, raising the danger of overpopulation and related ills. — the United States. Edited by a pro-immigration scholar at the moderately libertarian Manhattan Institute. Orozco, Manuel, “The Remittance Marketplace: Prices, Policy and Financial Institutions,” Pew Hispanic Center, Lin, Ann Chih, ed., and Nicole W. Green, Immigration, June 2004. CQ Press, Vital Issues Series, 2002. A leading scholar of remittances — money sent back home This useful collection of information on recent immigration by immigrants — analyzes the growth of the trend and the policy and law changes also includes steps that other coun- regulatory environment in which it operates. tries have taken to deal with issues similar to those under debate in the United States. Stana, Richard M., “Immigration Enforcement: Chal- lenges to Implementing the INS Interior Enforcement Articles Strategy,” General Accounting Office (now Government Accountability Office), testimony before House Judiciary Cooper, Marc, “Last Exit to Tombstone,” L.A. Weekly, Subcommittee on Immigration, June 19, 2002. March 25, 2005, p. 24. A top GAO official finds a multitude of reasons why immi- A reporter visits the Mexican desert border towns where gration officials have not been able to deport criminal illegal immigrants prepare to cross illegally into the United States immigrants, break up people-smuggling rings and crack down and finds them undaunted by the dangers ahead. on employers of illegal immigrants.

Jordan, Miriam, “As Border Tightens, Growers See Threat “Refugees, Asylum Seekers and the Department of to ‘Winter Salad Bowl,’ ” The Wall Street Journal, March Homeland Security: One Year Anniversary — No Time 11, 2005, p. A1. for Celebration,” Human Rights First, April 2004. Lettuce farmers plead with immigration officials not to crack Some rights of asylum-seekers are being eroded as the down on illegal immigration at the height of the harvest season number of people granted asylum drops, the advocacy or- in Arizona. ganization concludes, urging changes in procedures.

Available online: www.thecqresearcher.com May 6, 2005 417 CQ Press Custom Books - Page 25 17 CQR Immigration 3/14/06 2:25 PM Page 418 The Next Step: Additional Articles from Current Periodicals

Border Patrol In California, illegal immigrants and U.S. citizens are de- bating the Real ID Act, which opponents say would tram- Egan, Timothy, “Wanted: Border Hoppers. And Some Ex- ple the rights of the 11 states that currently allow illegal im- citement, Too,” The New York Times, April 1, 2005, p. A14. migrants to possess driver’s licenses. The Minuteman Project is an effort to post 1,000 volun- teers across 23 miles of the border led by a former teacher Illegal Immigrants and Crime who accuses the government of turning a blind eye to il- legal immigration. James, Frank, “U.S. Tracks Immigrants With Device,” Chicago Tribune, April 4, 2005, News Section, p. 15. Johnson, Scott, “The Border War,” Newsweek, April 4, The Homeland Security Department tries to reduce the 2005, p. 29. number of detained illegal immigrants by fitting some with While the federal government fails to effectively change electronic monitoring devices, but critics say the program immigration polcies, businesses throughout the United States treats them like criminals. have grown thoroughly dependent on Mexican laborers, while U.S.-Mexico tensions are rising to dangerous levels. LeDuff, Charlie, “Police Say Immigrant Policy Is Hin- drance,” The New York Times, April 7, 2005, p. A16. Sullivan, Kevin, “An Often-Crossed Line in the Sand,” Los Angeles police officers say that some of the most cut- The Washington Post, March 7, 2005, p. A1. throat criminals in the city are illegal immigrants, but the High-tech barricades help U.S. authorities catch more than 3,000 city’s sanctuary policy prohibits officers from asking about people every year along the 2,000-mile U.S.-Mexico border, but someone’s immigration status unless that person is being despite an unprecedented investment in technology and man- charged with a crime. power, the number of illegal immigrants in the U.S. is rising. Marosi, Richard, “Criminals at the Border Thwarted by Wood, Daniel, “Private Volunteers Patrol a Porous Border,” Own Hands,” Los Angeles Times, Feb. 19, 2005, p. A1. The Christian Science Monitor, April 4, 2005, p. 1. The U.S. Border Patrol has arrested tens of thousands of peo- Some 1,500 self-selected volunteers will begin manning out- ple with criminal records since the agency installed a finger- posts along the Arizona border in a controversial bid to help printing system that identifies criminals among the 1 million il- keep illegal immigrants from entering the U.S. legal migrants apprehended annually. Driver’s Licenses Illegal-Worker Issues

Bernstein, Nina, “Immigrants Face Loss of Licenses in ID Gamerman, Ellen, “Parents Often Turn a Blind Eye, Crackdown,” The New York Times, Aug. 19, 2004, p. B1. Hiring Nannies Illegally in U.S.,” The Baltimore Sun, State legislatures have been debating whether to make it Dec. 15, 2004, p. 1E. harder or easier for illegal immigrants to get licenses. The The issue of illegal nannies only seems to come up around struggle to reconcile public security and the reality of illegal Senate confirmation time, but, in fact, illegal nannies are workers has led to fierce debate and widely different laws. commonplace in cities where affluent two-career couples are raising children. Caldwell, Alicia, and Michael Riley, “Fierce Demand Drives Illegal-License Market,” The Denver Post, Jan. Greenhouse, Steven, “Wal-Mart to Pay U.S. $11 Million 30, 2005, p. A1. In Lawsuit on Immigrant Workers,” The New York Colorado Department of Motor Vehicle employees are ar- Times, March 19, 2005, p. A1. rested for allegedly selling licenses to illegal immigrants for Wal-Mart Stores agreed to pay a record $11 million to set- up to $3,000. tle accusations that it used hundreds of illegal immigrants to clean some of its 3,600 U.S. stores and pledged strong James, Frank, “Immigrant ID Rules Debated,” Chicago action to prevent future employment of illegals. Tribune, March 12, 2005, News Section, p. 1. Legislation pending in the Senate would make it impossi- Hendricks, Tyche, “10.3 Million Immigrants in U.S. Ille- ble for the nation’s millions of undocumented workers to gally, Researcher on Latinos Says,” The San Francisco obtain legal driver’s licenses. Advocates say the bill is vital Chronicle, March 22, 2005, p. A4. to America’s security. An estimated 7 million people are employed in the Unit- ed States without legal authorization, roughly 5 percent of Wood, Daniel, “Driver’s License Bill Roils a Melting Pot,” the work force. Most work for low pay and lack protection The Christian Science Monitor, Feb. 17, 2005, p. 3. from workplace exploitation.

418 The CQ Researcher CQ Press Custom Books - Page 26 CHAPTER

IMMIGRATION DEBATE 2 BY ALAN GREENBLATT

Excerpted from Alan Greenblatt, CQ Researcher (February 1, 2008), pp. 97-120.

CQ Press Custom Books - Page 27 CQ Press Custom Books - Page 28 Immigration Debate BY ALAN GREENBLATT

Immigration has become a central concern for a signifi- THE ISSUES cant share of the American pub- ohn McCain, the senior lic. Immigrants, both legal and senator from Arizona and illegal, are now 12.6 percent Jthe leading Republican of the population — more candidate for president, than at any time since the 1920s. has been hurt politically by Not only is the number of the immigration issue. both legal and illegal immi- McCain would allow illegal grants — now a record 37.9 immigrants to find a way even- million — climbing rapidly but tually to become citizens. The the foreign-born are dispersing approach is seen by many Re- well beyond traditional “gate- publican politicians and voters keeper” states such as Califor- (and not a few Democrats) as nia, New York and Texas, cre- akin to “amnesty,” in effect re- ating social tensions in places warding those who broke the with fast-growing immigrant law to get into this country. populations such as Georgia, Legislation that he helped craft Arkansas and Iowa. 3 with Sen. Edward M. Kennedy, Complaints about illegal im- D-Mass., and the White House migrants breaking the law or went down to defeat in both draining public resources have 2006 and 2007. become a daily staple of talk McCain rejects the ap- radio programs, as well as proach taken by House Re- CNN’s “Lou Dobbs Tonight.” publicans during a vote in In a high-profile speech in 2005 and favored by several August 2007, Newt Gingrich, Getty Images/David McNew of his rivals in the presiden- A Mexican farmworker harvests broccoli near Yuma, a former Republican House tial race — namely, classify- Ariz. With the number of illegal immigrants in the U.S. Speaker, railed about two sus- ing the 12 million illegal im- now over 12 million — including at least half of the pects in a triple murder in migrants already in this nation’s 1.6 million farmworkers — tougher New Jersey who turned out country as felons and seek- enforcement has become a dominant theme in the 2008 to be illegal immigrants. He presidential campaign. Meanwhile, with Congress ing to deport them. This unable to act, states and localities have passed hundreds argued that President Bush wouldn’t be realistic, he says, of bills cracking down on employers and illegal should call Congress into noting not only the econom- immigrants seeking public benefits. special session to address the ic demands that have brought matter, calling himself “sick- the foreign-born here in the first place As the issue of illegal immigrants reach- ened” by Congress being in recess “while but also the human cost such a wide- es the boiling point, however, and as he young Americans are being massacred spread crackdown would entail. gains in the polls, even McCain sounds by people who shouldn’t be here.” On the stump, McCain talks about not quite so compassionate as before. In Gingrich said Bush should be more an 80-year-old woman who has lived il- response to political pressures, McCain serious about “winning the war here legally in the United States for 70 years now shares the point of view of hard- at home, which is more violent and and has a son and grandson serving in liners who say stronger border security more dangerous to Americans than Iraq. When challenged at Clemson Uni- must come before allowing additional Iraq or .” 4 versity last November by a student who work permits or the “path to citizenship” Concerns about terrorism have also said he wanted to see all illegal immi- that were envisioned by his legislation. stoked fears about porous borders and grants punished, McCain said, “If you’re “You’ve got to do what’s right, OK?” unwanted intruders entering the country. prepared to send an 80-year-old grand- McCain told The New Yorker magazine “Whenever I’m out with a [presiden- mother who’s been here 70 years back recently. “But, if you want to succeed, tial] candidate at a town hall meeting, to some other country, then frankly you’re you have to adjust to the American it’s the exception when they do not get not quite as compassionate as I am.” 1 people’s desires and priorities.” 2 a question about immigration — whether

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has written in favor of immigrant ab- California Has Most Foreign-Born Residents sorption into U.S. society. There’s a core of only about 20 to California’s nearly 10 million foreign-born residents represented 25 percent of Americans who favor about one-quarter of the national total in 2006 and more than wholesale deportation, Jacoby says. twice as many as New York. “What the candidates are doing is playing on the scare ’em territory.” Foreign-Born Individuals by State, 2006 * But over the last couple of years, in the congressional and state-level Wash. Mont. N.D. N.H. Minn. Vt. elections where the immigration issue Wis. Maine S.D. has featured most prominently, the can- Ore. Idaho Wyo. Mich. N.Y. Mass. didates who sought to portray them- Iowa Neb. Pa. selves as the toughest mostly lost. Ill. Ind. Ohio R.I. Nev. Conn. Utah Colo. Some analysts believe that, despite Kan. Mo. W.Va. N.J. Ky. Va. the amount of media attention the Calif. Del. Okla. Tenn. N.C. issue has attracted, anti-immigrant Ark. Md. Ariz. N.M. Miss. S.C. D.C. hard-liners may have overplayed La. Ala. Ga. their hand, ignoring the importance Texas of immigrant labor to a shifting U.S. Fla. economy. “To be energized we need new Alaska Over 1 million workers, younger workers, who are 500,000-999,999 going to be a part of the whole econ- Hawaii 200,000-499,999 omy. We don’t have them here in the United States,” Sen. Kennedy told Na- * Includes legal and illegal immigrants 100,000-199,999 0-99,999 tional Public Radio in 2006. Source: Migration Policy Institute “We need to have the skills of all of these people,” he continued. “The it’s a Democratic event or a Republican “Is there a rhetorical consensus for fact is, this country, with each new event,” says Dan Balz, a veteran politi- the need for immigration control? The wave of immigrants, has been ener- cal reporter at The Washington Post. answer is clearly yes,” Mehlman says. gized and advanced, quite frankly, in With no resolution in sight to the im- “When even John McCain is saying bor- terms of its economic, social, cultural migration debate in Congress, the num- der security and enforcement have to and political life. I don’t think we ought ber of immigrant-related bills introduced come first before the amnesty he really to fear it, we ought to welcome it.” 5 in state legislatures tripled last year, to wants, then there is really a consensus.” Polls have made it clear that the more than 1,500. Local communities are While most of the Republican pres- Republican Party, which is seen as also crafting their own immigration poli- idential candidates are talking tougher generally tougher on the issue, is los- cies. (See sidebar, p. 108.) on immigration today than two or three ing support among Hispanics — the In contrast to the type of policies pur- years ago, Democrats also are es- fastest-growing segment of the popu- sued just a few years ago, when states pousing the need for border security lation. were extending benefits such as in-state and stricter enforcement of current “The Bush strategy — enlightened tuition to illegal immigrants, the vast ma- laws. But not everyone is convinced on race, smart on immigration — de- jority of current state and local legisla- a majority of the public supports the veloped in Texas and Florida with Jeb tion seeks to limit illegal immigrants’ ac- “enforcement-only” approach that treats Bush — has been replaced by the cess to public services and to crack all illegal immigrants — and the peo- Tancredo-Romney strategy, which is down on employers who hire them. ple that hire them — as criminals. demonizing and scapegoating immi- “For a long time, the American pub- “All through the fall, even with the grants,” said Simon Rosenberg, a De- lic has wanted immigration enforce- campaign going on, the polls consis- mocratic strategist, “and that is a cat- ment,” says Ira Mehlman, media di- tently showed that 60 to 70 percent astrophic event for the Republican rector of the Federation for American of the public supports a path to citi- Party.” 6 Jeb Bush, the president’s broth- Immigration Reform (FAIR), which zenship,” says Tamar Jacoby, a senior er, served two terms as governor of lobbies for stricter immigration limits. fellow at the Manhattan Institute who Florida, while Colorado Rep. Tom Tan-

100 CQ Researcher CQ Press Custom Books - Page 30 credo and former Massachusetts Gov. Mitt Romney each sought this year’s Fastest-Growing Foreign-Born Populations GOP presidential nomination. * Foreign populations at least tripled in 10 states since 1990. In North There is a well-known precedent back- ing up Rosenberg’s argument. In 1994, Carolina foreign-born residents increased by a record 534 percent. Pete Wilson, California’s Republican gov- ernor, pushed hard for Proposition 187, Percentage Increases in Foreign-Born Individuals, 1990-2006 designed to block illegal immigrants from receiving most public services. The North Carolina 534% proposition passed and Wilson won re- election, but it turned Hispanic voters Georgia 497% in California against the GOP — a shift widely believed to have turned the state Nevada 454% solidly Democratic. “While there might be some initial Arkansas 432% appeal to trying to beat up on im- migrants in all different ways, it ulti- Tennessee 400% mately isn’t getting to the question of 1990 what you do with 12 million people,” Utah 359% says Angela Kelley, director of the 2006 Immigration Policy Center at the Amer- Nebraska 353% ican Immigration Law Foundation, which advocates for immigrants’ legal South Carolina 352% rights. “It isn’t a problem we can en- force our way out of.” Colorado 344% But it’s not a problem politicians can afford to ignore. There will be Arizona 334% enormous pressure on the next pres- 0 200,000 400,000 600,000 800,000 1,000,000 ident and Congress to come up with a package that imposes practical lim- Number of Immigrants in State its on the flow of illegal immigrants into the United States. Doing so while * Includes legal and illegal immigrants balancing the economic interests that Source: Migration Policy Institute immigrant labor supports will remain no less of a challenge, however. lion people while starting a guest work- homa state Rep. Randy Terrill, author That’s in part because the immigra- er program,” he says. “With Democrats, of one of the nation’s toughest anti- tion debate doesn’t fall neatly along par- it’s the reverse.” immigration laws, which went into tisan lines. Pro-GOP business groups, for During a Republican debate in Flori- effect in December 2007. “For too example, continue to seek a free flow da last December, presidential candi- long, our nation and our state have of labor, while unions and other parts date and former Massachusetts Gov. looked the other way and ignored a of the Democratic coalition fear just that. Mitt Romney took a less draconian po- growing illegal immigration crisis,” he “The Democrats tend to like immi- sition, moving away from his earlier said. “Oklahoma’s working families grants, but are suspicious of immigra- calls to deport all illegals. “Those who should not be forced to subsidize il- tion, while the Republicans tend to like have come illegally, in my view, should legal immigration. With passage of immigration but are suspicious of im- be given the opportunity to get in line House bill 1804, we will end that bur- migrants,” says Frank Sharry, executive with everybody else,” he said. “But den on our citizens.” 8 Among other director of the National Immigration there should be no special pathway for things, the law gives state and local Forum, a pro-immigration lobby group. those that have come here illegally to law enforcement officials the power “Republicans want to deport 12 mil- jump ahead of the line or to become to enforce federal immigration law. permanent residents or citizens.” 7 As the immigration debate rages on, * Tancredo dropped out in December, and Rom- One of the loudest anti-immigration here are some of the specific issues ney has been trailing McCain in the primaries. voices belongs to Republican Okla- that policy makers are arguing about:

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Should employers be penalized Employers are also being heavily tar- grants were using Social Security num- for hiring illegal immigrants? geted by state and local lawmakers. More bers that belonged to other people. For more than 20 years, federal pol- than 300 employment-related laws ad- “Even when those numbers are run icy has used employers as a check- dressing illegal immigrants have been through the system, the computers point in determining the legal status recently passed by various levels of gov- didn’t pick up anything,” Pilcher says. of workers. It’s against the law for ernment, according to the U.S. Cham- “Until that system [of verification] is companies to knowingly hire illegal ber of Commerce. bulletproof, it doesn’t work to try to immigrants, but enforcement of this “There is still this general consensus mandate that businesses be the front law has been lax, at best. that although the current employer- line of enforcement.” Partly as a result — but also be- sanctions regime hasn’t worked, the point Concerns about the verification systems cause of the growing attention paid to of hire is the correct place to ensure in place are shared across the ideologi- illegal immigrants and the opportuni- that the employee before you is legal- cal spectrum. “We’re now 21 years after ties that may attract them to this coun- ly here,” says Kelley, of the American the enactment of employer sanctions, and try — the role of business in enforc- Immigration Law Foundation. we still haven’t come up with a system ing immigration policy has become a But for all the efforts to ensure that that allows for instant verification,” says major concern. Mehlman, at the Federa- “I blame 90 per- tion for American Immi- cent on employers,” gration Reform. “If Visa says Georgia state and MasterCard can verify Sen. Chip Rogers. literally millions of trans- “They’re the ones that actions a day, there’s no are profiting by reason we can’t have breaking the law.” businesses verify the legal The Immigration status of their employees.” and Customs Enforce- “When you look to ment agency has employers to be the ones pledged to step up its that are going to have efforts to punish em- damages imposed for hir- ployers who know- ing someone who is not ingly hire undocu- properly documented, AP Photo/Jae C. Hong mented workers. In A prospective employer in Las Vegas holds up two fingers indicating the first thing you have response, an Electrolux how many day laborers he needs. One of the few pieces of immigration to do is give me a pro- factory in Springfield, legislation still considered to have a chance in Congress this year is the gram so I can make sure SAVE Act, which would require all employers to use an electronic Tenn., fired more than verification system to check the legal status of all workers. the person is legal for 150 immigrant work- me to hire,” says Bryan ers in December after Immigration and businesses check the legal status of their R. Tolar, director of marketing, educa- Customs Enforcement (ICE) agents ar- workers — and to impose stiffer penal- tion and environmental programs for rested a handful of its employees. ties on those who knowingly hire ille- the Georgia Agribusiness Council. Last year, ICE levied $30 million in gal immigrants — there is still consider- So far, though, there is no such fines and forfeitures against employers, able debate about whether such measures system. The Department of Homeland but arrested fewer than 100 executives will ultimately resolve the problem. Security’s E-Verify system, which grew or hiring managers, compared with Critics contend there is no easy way out of a pilot program, is the new 4,100 unauthorized workers. 9 for employers to determine legal sta- checking point of choice. In fact, fed- One of the few pieces of immigra- tus. For one thing, documents often eral contractors will soon be required tion legislation still considered to have a are faked. Dan Pilcher, spokesman for to check the residency status of em- chance in Congress this year is the SAVE the Colorado Association of Com- ployees using E-Verify. As of Jan. 1, a Act (Secure America With Verification En- merce and Industry, notes that during new state law requires all employers forcement), which would require all em- a high-profile ICE raid on the Swift in Arizona to use the E-Verify system. ployers to use an electronic verification meatpacking plant in Greeley in De- But such requirements have drawn system to check the legal status of all cember 2006, many of the arrests were lawsuits from both business groups workers. The House version of the bill for identity theft, not immigration vi- and labor unions, who complain that boasts more than 130 cosponsors. olations, since so many illegal immi- E-Verify is based on unreliable data-

102 CQ Researcher CQ Press Custom Books - Page 32 bases. Tom Clark, executive vice pres- ident of the Denver Metro Chamber Immigration Is on the Rise of Commerce, complains that E-Verify is not accurate and worries therefore The number of foreign-born people in the United States has nearly that the employer sanctions contained quadrupled since 1970, largely because of changes in immigration in the Arizona law could lead to seri- laws and increasing illegal immigration (top). The increase has ous and unfair consequences. pushed the foreign-born percentage of the population to more than Under the law, companies found 12 percent (bottom). guilty of hiring an illegal worker can lose their business licenses for 10 days; Number and Percentage of Foreign-Born Individuals for second offenses they are at risk of in the U.S., 1900-2005 forfeiting their licenses entirely. “Do you know the [power] that gives you to take (in millions) out your competitors?” Clark asks. 40 Supporters of tougher employer 35 Foreign-Born Population sanctions say the databases are getting 30 in United States better all the time. Mark Krikorian, ex- 25 ecutive director of the Center for Im- 20 migration Studies, says E-Verify needs 15 to be made into a requirement for all 10 American employers. Once they are handed a working tool, he says, all busi- 5 nesses need to follow the same rules. 0 1900 1910 1920 1930 1940 1950 1960 1970 1980 1990 2000 2005 “Legal status is a labor standard that needs to be enforced just like other labor standards,” he says. “Holding (percentage) business accountable to basic labor 15% standards is hardly revolutionary.” Foreign-Born as Percentage of The National Immigration Forum’s 12 Sharry agrees that employers “need to Total Population be held to account for who they hire.” 9 But he warns that imposing stiff penal- ties against them at a juncture when 6 verification methods remain in doubt could create greater problems. 3 “Until you create an effective veri- 1900 1910 1920 1930 1940 1950 1960 1970 1980 1990 2000 2005 fication system, employer sanctions will drive the problem further under- Source: Audrey Singer, “Twenty-first Century Gateways: Immigrant Incorporation in ground and advantage the least scrupu- Suburban America,” Metropolitan Policy Program, Brookings Institution, April 2007 lous employers,” says. manent, illegal residents. least half of the nation’s 1.6 million Can guest worker programs be The best-known guest worker pro- farmworkers — and as many as 70 per- fixed? gram, the H-2A visa program for visit- cent by some estimates — are immi- The United States has several differ- ing agricultural workers, has been de- grants lacking documentation. 10 ent programs allowing foreigners to come rided by farmers as cumbersome and Still, growers’ groups have com- into the country for a limited time, usu- time-consuming, preventing them from plained about labor shortages as bor- ally to work for specific “sponsoring” timing their hiring of workers to grow- der security and regulation of em- employers, generally in agriculture. But ing and harvesting seasons. Farmers use ployers are tightening. Some growers most of these programs have been crit- H-2A visas only to cover an estimated in the Northwest last fall let cherries icized for being ineffective — both in 2 percent of farmworkers. and apples rot because of a filling labor demands and ensuring that Instead, growers turn to the black of workers, and some in North Carolina temporary workers do not become per- market for undocumented workers. At did not plant cucumbers because of

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“There’s no evidence that we have Legal Immigration Has Steadily Increased a labor shortage in this country,” Mehlman says. “You have businesses that have The number of legal immigrants has risen steadily since the 1960s, decided they don’t want to pay the kind from about 320,000 yearly to nearly 1 million. The largest group of wages American workers want in was from Latin America and the Caribbean. (In addition to legal order to do these kinds of jobs.” entrants, more than a half-million immigrants arrive or remain in Whether there is an overall labor short- the U.S. illegally each year.) age or not, clearly the numbers don’t add up in agriculture. Officials with sev- Average Annual Number of Legal U.S. Immigrants eral immigration-policy groups note that by Region of Origin, 1960-2005 the number of people coming to work (number) in this country outnumber the visas avail- 1,000,000 978,000 Latin America and the Caribbean 951,000 able to new, full-time workers by hun- Asia dreds of thousands per year. Europe and Canada “The only way we can provide for Other 800,000 41% the labor needs of a growing and very 54% diverse agriculture industry is to make 429,000 624,000 sure there’s an ample workforce to do 600,000 it,” says Tolar, at the Georgia Agribusi- ness Council. “Americans have proven 41% 41% that they’re not willing to provide the 32% work that needs doing at a wage agri- 400,000 29% 321,000 culture can support.” 38% Five years ago, a bipartisan group of 39% 33% congressmen, working with farmworkers, 11% 18% 200,000 growers and church groups, proposed a 13% 16% 49% 24% piece of legislation known as the AgJobs 9% bill. The attempt at a compromise be- 8% 4% 1% 3% tween the most directly interested play- 0 1960-69 1970-79 1980-89 1990-99 2000-05 ers has been a part of the guest work- er and immigration debates ever since. * Percentages may not total 100 due to rounding. The bill would allow some 800,000 undocumented workers who have lived Source: “Economic Mobility of Immigrants in the United States,” Economic Mobility Project, Pew Charitable Trusts, 2007 and worked in the U.S. for several years to register, pay a fine and qualify for a fear they wouldn’t find the workers traditionally been a part of temporary- green cards (proof of legal residency) to harvest them. 11 worker programs, which date back to by working in agriculture for three to Three federal agencies — Homeland World War II, according to Bruce Gold- five more years. It would also stream- Security, State and Labor — have been stein, executive director of Farmwork- line the H-2A visa application process. working in recent months to craft reg- er Justice, a group that provides legal Although it won Senate passage as ulations to speed the H-2A visa process. support to migrant workers. part of a larger immigration bill in But farmworker advocates worry that the Those changes would make a bad 2006, the current version of AgJobs sort of changes the administration has situation for farmworkers worse, Gold- has not gained traction due to com- been contemplating could weaken labor stein contends. “The government has plaints that it would reward illegal im- protections for workers. Some critics of failed to adopt policies that adequately migrants and employers with what lax immigration policy complain, mean- protect workers from abuses and has amounts to “get out of jail free” cards. while, that the H-2A changes would allow failed to enforce the labor protections In November 2007, Sen. Dianne employers to skirt a process designed that are on the books,” Goldstein says. Feinstein, D-Calif., announced that she to limit the flow of immigrant workers. The Federation for American Im- would not seek to attach AgJobs as Changes adopted by or expected migration Reform’s Mehlman criticizes an amendment to a larger farm bill, from the administration could weaken the proposed changes for “trying to due to strong opposition to legislation housing and wage standards that have tip the balance in favor of employers. seen as helping illegal immigrants.

104 CQ Researcher CQ Press Custom Books - Page 34 “We know that we can win this,” Feinstein said in a statement. But, she More Immigrants Moving to Suburbs conceded, “When we took a clear- The gap between the number of immigrants who live in inner cities eyed assessment of the politics . . . it became clear that our support could and suburbs widened significantly from 1980-2005. By 2005 more not sustain these competing forces.” than 15 million foreign-born people were in suburbs, or three times Feinstein vows to try again this as many in 1980. The number in cities doubled during the same year. But Krikorian, of the Center for period. Demographers attribute the popularity of the suburbs to their Immigration Studies, which favors re- relative lack of crime, lower cost and better schools. duced immigration, counters that guest (in millions) worker programs in any form are not Foreign-Born Individuals in 20 the right solution. “They still imagine Central Cities and Suburbs, 1980-2005 there’s a way of admitting low-wage 15.7 illegals and not have immigration con- 15 Central cities 13.1 sequences,” he says. “It’s a fantasy. Suburbs 9.9 10.5 “Guest worker programs don’t work 10 7.9 anyway,” he adds. “There’s nothing as 6.9 4.9 5.0 permanent as a temporary worker.” 5 The American Immigration Law Foundation’s Kelley speaks for many 0 on the other side of the debate who 1980 1990 2000 2005 argue that it’s not enough to conclude that guest worker programs are prob- Source: Audrey Singer, “Twenty-first Century Gateways: Immigrant Incorporation in Suburban America,” Metropolitan Policy Program, Brookings Institution, April 2007 lematic. Workers from other countries are going to continue to come into this country, she notes. Conn., introduced legislation to prevent immigrants be barred from publicly “We need somehow to replace what their deportation. As a courtesy to Con- supported colleges? is an illegal flow with a legal flow,” gress, immigration officials delayed their The courts have made it clear that Kelley says. “We have a guest worker deportation for two more years. 12 states must provide elementary and program now — it’s called illegal im- But the brothers may still face de- secondary educations to all comers, in- migration.” portation, because Congress failed to pass cluding illegal immigrants. But higher the DREAM (Development, Relief and education is another matter entirely. Should illegal immigrants be al- Education for Alien Minors) Act. The bill Ten states have passed legislation in lowed to attend public colleges would protect students from deportation recent years granting in-state tuition to and universities? and allow young adults (up to age 30) children of illegal immigrants. Most Miami college students Juan Gomez, to qualify for permanent legal status if passed their laws during the early years 18, and his brother Alex, 20, spent a they completed high school and at least of this decade, before immigration had week in jail in Fort Lauderdale last two years of college or military service. become such a heated political topic. summer. They were both students at On Oct. 24, 2007, the Senate voted Similar proposals in other states have Miami Dade College but faced depor- 52-48 to end debate and move to a vote died recently, with critics charging that tation as illegal immigrants. They had on final passage — eight votes short of it would be wrong to reward people come to the United States from Colom- the 60 needed under Senate rules to end who are in the country illegally with bia when they were toddlers. a filibuster. Opponents of the measure one of American society’s dearest prizes. In handcuffs while riding to the de- claimed it was an unfair plan to grant “It is totally unfair if you’re going tention center, Juan managed to type amnesty to illegal immigrants. to grant in-state tuition to illegal aliens out a text message to a friend on his The debate over illegal immigra- in Georgia and charge out-of-state tu- cell phone. The friend set up a Face- tion has regularly and heatedly inter- ition to someone from Pennsylvania,” book group that in turn led 3,000 peo- sected with questions about educa- says Phil Kent, national spokesman for ple to sign petitions lobbying Congress tion for illegal immigrants: Do young Americans for Immigration Control. on the brothers’ behalf. people deserve a break even if their Katherine “Kay” Albiani, president In response, Rep. Lincoln Diaz-Balart, parents skirted the law in bringing of the California Community Colleges R-Fla., and Sen. Christopher Dodd, D- them to this country? Should illegal board, stepped down last month along

Available online: www.cqresearcher.com Feb. 1, 2008 105 CQ Press Custom Books - Page 35 IMMIGRATION DEBATE with two other board members in re- during the Nov. 28 CNN/YouTube GOP American and are graduating in high sponse to criticism from Republican presidential debate. Huckabee says he numbers and are doing well — ‘You legislators. The board had voted unan- opposes the congressional DREAM Act, can’t advance and go any further’ — imously last year to support legislation but his opponents in the primary cam- doesn’t make sense,” Kelley says. “It that would have allowed illegal immi- paign have pointed out his former sup- would be helpful to our economy to grants to qualify for student financial port as governor for in-state tuition for have these kids get college degrees.” aid and community-college fee waivers. longtime illegal residents. “We have the best benefit package Beyond the question of whether it’s of any state for illegal immigrants, so fair to punish students for decisions they come here,” complained California their parents made, some argue it would 13 BACKGROUND Senate GOP leader Dick Ackerman. be a mistake to deprive illegal immi- Some argue that illegal immigrants grants of educational opportunities. A should be barred not only from re- college education may be an extra in- ceiving tuition breaks but also from ducement for them to stay in this coun- Earlier Waves attending public colleges and univer- try, but the vast majority are likely to sities altogether. Public institutions of remain in this country anyway. he United States was created as higher education, after all, are subsi- “If these are people who are going T a nation of immigrants who left dized by taxpayers, and therefore all to live here for the rest of their lives, Europe for political, religious and eco- students — including illegal immigrants we want them to be as educated as nomic reasons. After independence, — receive an indirect form of aid from possible,” says the Manhattan Institute’s the new nation maintained an open- state or local governments. Jacoby. door immigration policy for 100 years. “Every college student is subsidized The American Immigration Law Foun- Two great waves of immigrants — in to the tune of thousands of dollars a dation’s Kelley agrees. She describes the the mid-1800s and the late-19th and year,” says Krikorian, of the Center for DREAM Act as a reasonable compro- early-20th centuries — drove the na- Immigration Studies. tion’s westward expan- “They are taking slots sion and built its cities and huge amounts of and industrial base. 14 public subsidies that But while the inscrip- would otherwise go tion on the Statue of Lib- to Americans or legal erty says America accepts immigrants.” the world’s “tired . . . poor “Our view is that . . . huddled masses,” they shouldn’t be /Cynthia Kaneshiro Americans themselves there in the first place, vacillate between wel- and they certainly coming immigrants and shouldn’t be subsi- resenting them — even dized by taxpayers,” those who arrive legally. says Mehlman of For both legal and illegal FAIR. “The typical il- immigrants, America’s ac-

legal immigrant isn’t AP Photo/ The Messenger tions have been incon- coming to the U.S. for After living in Clarion, Iowa, for nine years, undocumented Mexican sistent and often racist. higher education. But immigrant Patricia Castillo, right, and her family were deported for In the 19th century, once you’re here, if entering the country illegally. Townspeople like Doris Holmes and her thousands of Chinese la- daughter Kelli threw a fund-raiser to help the Castillos pay their legal bills. the state says we’ll borers were brought subsidize your college education, that’s mise, saying it would protect students here to build the railroads and then a pretty good incentive to stay here.” but wouldn’t give illegal immigrants ac- were excluded — via the Chinese Ex- Others argue that banning students cess to scholarships or grants. She ar- clusion Act of 1882 — in a wave of because their parents chose to break gues that states that do offer in-state tu- anti-Chinese hysteria. Other Asian groups the law would be a mistake. “We are ition rates to illegal immigrant students were restricted when legislation in 1917 a better country than to punish chil- have not seen “a huge influx” of them. created “barred zones” for Asian im- dren for what their parents did,” for- “Saying to students who have been migrants. 15 mer Arkansas Gov. Mike Huckabee said raised here and by all accounts are Continued on p. 108

106 CQ Researcher CQ Press Custom Books - Page 36 Chronology

passes bill to classify illegal immi- 1920s Hard economic 1980s Rising illegal grants as felons and deport them. times and public concern about immigration sparks crackdown. the nation’s changing ethnic 2006 makeup prompt Congress to 1986 On April 20, Homeland Security limit immigration. Apprehension of a record 1.7 mil- Secretary Michael Chertoff announces lion illegal Mexican immigrants a federal crackdown on employers 1921-1929 prompts lawmakers to legalize who hire illegal aliens. . . . On Congress establishes immigration undocumented workers and for May 1, hundreds of thousands of quota system, excluding Asians the first time impose sanctions immigrants demonstrate across the and Southern and Eastern Euro- on employers. country to call for legal status. . . . peans. On Nov. 7, 69 percent of Hispan- • ic voters support Democrats in 1924 congressional races, according to U.S. Border Patrol is created to exit polls. block illegal immigrants, primarily 1990s-2000s Mexicans. Congress again overhauls im- 2007 migration laws amid national- On May 9, churches in coastal • security concerns. cities provide “sanctuaries” for un- documented families. . . . On May 1993 17, President Bush and a biparti- 1940s-1950s Middle Eastern terrorists bomb World san group of senators announce Expansion of U.S. economy dur- Trade Center; two had green cards. agreement on a comprehensive ing World War II attracts Mexi- bill to strengthen border protection can laborers. U.S. overhauls im- 1994 and allow illegal immigrants even- migration laws, accepts war California voters pass Proposition tual access to citizenship. . . . survivors and refugees from 187, blocking illegal immigrants On Aug. 10, the administration communist countries. from receiving most public services; calls for more aggressive law en- three years later it is largely de- forcement, screening of new em- 1942 clared unconstitutional. ployees by federal contractors and Controversial Bracero guest worker firing of workers whose Social Se- program allows Mexicans to work 1996 curity numbers don’t match govern- on American farms. Number of illegal immigrants in U.S. ment databases. . . . On Oct. 24, reaches 5 million. the Senate fails to end debate on 1952 a proposal to protect illegal immi- Landmark Immigration and Nation- Sept. 11, 2001 grants who are attending college ality Act codifies existing quota Attacks on World Trade Center and from deportation. . . . On Dec. 26, system favoring Northern Euro- Pentagon focus new attention on Bush signs spending bill calling peans but permitting Mexican porous U.S. borders. for 700 miles of “reinforced fencing” farmworkers in Texas. along U.S.-Mexico border. 2004 Jan. 1, 2008 • The 9/11 Commission points to “systemic weaknesses” in border- Arizona law holding employers control and immigration systems. responsible for checking legal sta- 1960s-1970s tus of workers is the most recent Civil Rights Movement spurs 2005 of hundreds of punitive, new U.S. to admit more Asians and Congress passes Real ID Act, re- state immigration laws. . . . On Latin Americans. quiring proof of identity for dri- Jan. 22, Michigan stops issuing dri- ver’s licenses. . . . President Bush ver’s licenses to illegal immigrants. 1965 calls for a “temporary worker” . . . Implementation of Real ID Congress scraps national quotas, gives program excluding “amnesty” for Act, slated to go into effect in preference to relatives of immigrants. illegal immigrants. . . . House May, is postponed.

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States Racing to Pass Restrictive Immigration Laws Arizona, Georgia and Oklahoma seek to outdo Colorado.

ndrew Romanoff, the speaker of the Colorado House, verify documents with the federal government. Prospective ten- offers a simple explanation for why his state enacted ants would have to acquire a permit to rent by proving their A a sweeping immigration law in 2006. legal right to be in the country. “The immigration system is, by all accounts, broken,” he “It used to be that state and local activity was all over the says, “and the federal government has shown very little ap- map,” says Mark Krikorian, executive director of the Center for petite for either enforcing the law or reforming the law.” immigration Studies, which advocates reduced immigration. “Those In the absence of federal action on immigration, in 2007 that are loosening the rules now are the exception.” every state in the nation considered legislation to address the Georgia’s law touches on every facet of state policy that re- issue, according to the National Conference of State Legisla- lates to illegal immigrants. Under its provisions, state and local gov- tures (NCSL). It released a study in November showing that ernment agencies have to verify the legal residency of benefit re- states considered “no fewer than 1,562 pieces of legislation re- cipients. Many employers will have to do the same whenever they lated to immigrants and immigration,” with 244 passed into law make a hiring decision. And law enforcement agencies are given in 46 states. 1 Both the number of bills and the number of authority to crack down on and fake documents. new laws were three times higher than the totals in 2006. Thousands of immigrants, both legal and illegal, have left When Colorado’s law was enacted in 2006, it was considered Oklahoma following the November enactment of a law (HB perhaps the toughest in the country. It requires anyone older than 1804) that makes it a felony to knowingly transport illegal im- 18 who is seeking state benefits to show identification proving legal migrants and requires employers to verify the immigration sta- status and requires employers to verify the legal status of workers. tus of workers. It also limits some government benefits to those But it provides exemptions for certain types of medical care and who can produce proof of citizenship. was designed to hold harmless the children of illegal immigrants. Employers in numerous sectors, including hotels, restaurants Colorado’s approach has since been superseded by states and agriculture, have complained about labor shortages. But such as Arizona, Georgia and Oklahoma, which have taken an Republican state Rep. Randy Terrill, who wrote the law, says even harder line. In fact, if there’s one clear trend in state and it will save the state money due to the abolition of public sub- local legislation, it’s toward a stricter approach. sidies for illegal immigrants. “There’s significant evidence that In Hazelton, Pa., a controversial set of laws has been held HB 1804 is achieving its intended purpose,” he said. 2 up by the courts. The ordinances would require businesses to States just a few years ago were debating the expansion of turn employee information over to the city, which would then benefits for illegal immigrants, such as in-state tuition rates for

Continued from p. 106 In the 1920s, public concern about After World War II, Congress de- The racist undertones of U.S. im- the nation’s changing ethnic make- cided to codify the scores of immigra- migration policy were by no means up prompted Congress to establish tion laws that had evolved over the reserved for Asians. Describing Italian a national-origins quota system. Laws years. The landmark Immigration and and Irish immigrants as “wretched be- in 1921, 1924 and 1929 capped over- Nationality Act of 1952 retained a basic ings,” The New York Times on May 15, all immigration and limited influxes quota system that favored immigrants 1880, editorialized: “There is a limit to from certain areas based on the share from Northern Europe — especially the our powers of assimilation, and when of the U.S. population with similar skilled workers and relatives of U.S. it is exceeded the country suffers from ancestry, effectively excluding Asians citizens among them. At the same time, something very like indigestion.” and Southern and Eastern Euro- it exempted immigrants from the West- Nevertheless, from 1880 to 1920, peans, such as Greeks, Poles and ern Hemisphere from the quota sys- the country admitted more than 23 Russians. 16 tem — except for the black residents million immigrants — first from North- But the quotas only swelled the of European colonies in the Caribbean. ern and then from Southern and East- ranks of illegal immigrants — partic- ern Europe. In 1890, Census Bureau ularly Mexicans, who needed only to Director Francis Walker said the coun- wade across the Rio Grande River. To Mass Deportation try was being overrun by “less desir- stem the flow, the United States in able” newcomers from Southern and 1924 created the U.S. Border Patrol to he 1952 law also attempted to Eastern Europe, whom he called guard the 6,000 miles of U.S. land bor- T address — in the era’s racist terms “beaten men from beaten races.” dering Canada and Mexico. — the newly acknowledged reality of

108 CQ Researcher CQ Press Custom Books - Page 38 college. But now politicians in most ticularly from constituents in areas where locales who appear to be aiding ille- immigrants who had lived in Oklahoma gal immigrants in any way are wide- have relocated. ly castigated. The fact that there’s a sort of leg- New York Gov. Eliot Spitzer, a De- islative arms race going on, with states mocrat, proposed in fall 2007 that ille- trying to outdo each other on the im- gal immigrants should be eligible for migration issue, has many people wor- driver’s licenses, arguing that would make ried. A patchwork approach, with tough them more likely to buy insurance. But laws in scattered places driving some the idea touched off a political firestorm immigrants toward more lenient juris- not only in his state but also within the dictions, is clearly not the way to re- Democratic presidential campaign and solve a national or even international he quickly backed down. issue such as immigration. Early this year, Maryland Democra- “Obviously, 50 different state immi- tic Gov. Martin O’Malley called for his gration policies is ultimately unwork-

state to stop issuing driver’s licenses to AP Photo/John Miller able,” says Romanoff. “All of us much undocumented immigrants. (It’s one of A demonstrator in Tucson supports prefer a federal solution. seven that currently do so.) “When Proposition 200 on Dec. 22, 2004. The “The question is, how long should you’ve got a New York governor get- voter-approved Arizona law denies some we wait? In Colorado we decided we ting clubbed over the head for trying public benefits to illegal immigrants. could wait no longer.” to institute what Maryland has . . . you realize we are out of sync with the rest of the nation,” said state House Republican 1 “2007 Enacted State Legislation Related to Immigrants and Immigration,” leader Anthony J. O’Connell. 3 National Conference of State Legislatures, Nov. 29, 2007, www.ncsl.org/print/ Legislatures in at least a dozen states are already consider- immig/2007Immigrationfinal.pdf. 2 Emily Bazar, “Strict Immigration Law Rattles Okla. Businesses,” USA Today, ing bills modeled on the get-tough approaches taken elsewhere. Jan. 10, 2008, p. 1A. Legislators in states neighboring Oklahoma, for instance, say 3 Lisa Rein, “Immigrant Driver ID Rejected by O’Malley,” The Washington that they feel pressure to introduce restrictive legislation, par- Post, Jan. 16, 2008, p. B1.

Mexican workers who crossed the bor- More than 1 million undocumented Mex- der illegally. Border Patrol agents were ican migrants were deported. Immigration Reform given more power to search for ille- Although the action enjoyed popu- gal immigrants and a bigger territory lar support and bolstered the prestige he foundation of today’s immigra- in which to operate. — and budget — of the INS, it ex- T tion system dates back to 1965, “Before 1944, the illegal traffic on the posed an inherent contradiction in U.S. when Congress overhauled the immi- Mexican border . . . was never over- immigration policy. The 1952 law con- gration rules, scrapping national-origin whelming,” the President’s Commission tained a gaping loophole — the Texas quotas in favor of immigration limits for on Migratory Labor noted in 1951, but Proviso — a blatant concession to Texas major regions of the world and giving in the past seven years, “the wetback agricultural interests that relied on cheap preference to immigrants with close rel- traffic has reached entirely new levels. labor from Mexico. atives living in the United States. By giv- . . . [I]t is virtually an invasion.” 17 “The Texas Proviso said companies ing priority to family reunification as a In a desperate attempt to reverse the or farms could knowingly hire illegal basis for admission, the amendments re- tide, the Border Patrol in 1954 launched immigrants, but they couldn’t harbor paired “a deep and painful flaw in the “Operation Wetback,” transferring near- them,” said Lawrence Fuchs, former ex- fabric of American justice,” President Lyn- ly 500 Immigration and Naturalization ecutive director of the U.S. Select Com- don B. Johnson declared at the time. Service (INS) officers from the Canadi- mission on Immigration and Refugee However, the law also dramatically an perimeter and U.S. cities to join the Policy. “It was a duplicitous policy. We changed the immigration landscape. Most 250 agents policing the U.S.-Mexican never really intended to prevent ille- newcomers now hailed from the devel- border and adjacent factories and farms. gals from coming.” oping world — about half from Latin

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Are Voters Ignoring Immigration? Iraq War, other issues, may resonate more. mmigration has emerged as a pervasive political issue, a The track record for gubernatorial candidates who focused part of seemingly every state and local campaign and pres- their campaigns on immigration was no better that year. Len I idential debate. “No issue has dominated the Republican Munsil in Arizona, Ernest Istook in Oklahoma and Jim Barnett presidential nomination fight the way illegal immigration has,” in Kansas all ran against Democratic incumbents and tried to The Washington Post reported in January. 1 take advantage of their opponents’ seeming vulnerability on the A poll conducted by the Post and ABC News in December immigration issue. None won more than 41 percent of the vote. found that more Republican voters in Iowa picked immigration Rep. Tom Tancredo, R-Colo., based his presidential cam- as the first or second most important issue to them — 30 per- paign on his strong support for tougher immigration measures, cent — than any other issue. Only 6 percent of Iowa Democrats but never broke out of the low single digits in polls before rated the issue so highly. 2 dropping out of the race in December. Yet illegal immigration has also emerged as a key concern in the It was also difficult for candidates to make immigration de- Democratic contest. After Sen. Hillary Rodham Clinton, D-N.Y., gave cisive at the ballot box during the off-year elections of 2007. conflicting answers during an October debate about her opinion of Even in contests where the issue played a prominent role, it Democratic New York Gov. Eliot Spitzer’s abortive plan to issue dri- didn’t have the influence many observers had predicted. In ver’s licenses to illegal immigrants, her opponents attacked her. That local contests in New York, for example, Democrats did not moment has been widely characterized as opening up the first crack pay the predicted price for Spitzer’s idea of issuing driver’s li- in the façade of her “inevitability” as the Democratic nominee. censes to illegal immigrants. Instead, they fared better. “This is a real wedge issue that Democrats need to get right,” In Virginia, Republicans made tough talk on immigration cen- wrote Stan Greenberg and James Carville, two prominent Demo- tral to their plans for holding on to their threatened majority in cratic Party strategists. 3 the state Senate this past November. They ended up losing con- Despite the attention that the issue gets from both candidates trol of that body after a decade in power. Local Virginia elections and the media, however, there’s as yet scant evidence that illegal told much the same story. immigration resonates as strongly with voters as other issues such In Loudoun County, where arguments about illegal newcomers as the economy, health care or the war in Iraq. “The bottom line have been intense for several years, Sheriff Stephen Simpson lost is, to most people it’s not a pocketbook issue,” says Arizona poll- a primary bid for renomination but came back to win as an in- ster Jim Haynes, “and the pocketbook tends to be seminal in de- dependent against an opponent who had accused him of being termining how somebody’s going to end up voting.” soft on immigration. “I think it was hyped up quite a bit in the In 2006, several House incumbents and candidates who election, not just in my race but in the area,” Simpson says. made tough stances against illegal immigration the centerpiece In numerous other local contests in Virginia, the injection of their campaigns went down to defeat, including Reps. J.D. of immigration as a central concern not only failed to change Hayworth, R-Ariz., and Jim Ryun, R-Kan. the outcome but barely shifted the winner’s share of the vote

America. While nearly 70 percent of im- immigration was particularly unfair to the immigration. Pro-growth and business migrants had come from Europe or tens of thousands of legal petitioners groups joined forces with longtime ad- Canada in the 1950s, by the 1980s that waiting for years to obtain entry visas. versaries in the Hispanic and civil rights figure had dropped to about 14 percent. “The simple truth is that we’ve lost communities to oppose the legislation. Meanwhile, the percentage coming from control of our own borders,” declared After several false starts, Congress Asia, Central America and the Caribbean President Ronald Reagan, “and no nation passed the Immigration Reform and jumped from about 30 percent in the can do that and survive.” 19 Control Act (IRCA) in October 1986 — 1950s to 75 percent during the ’70s. In the mid-1980s, a movement emerged the most sweeping revision of U.S. im- In 1978, the select commission con- to fix the illegal-immigration problem. migration policy in more than two cluded that illegal immigration was the Interestingly, the debate on Capitol Hill decades. Using a carrot-and-stick ap- most pressing problem facing immigra- was marked by bipartisan alliances de- proach, IRCA granted a general amnesty tion authorities, a perception shared by scribed by Sen. Alan K. Simpson, R-Wyo., to all undocumented aliens who were the general public. 18 The number of as “the goofiest ideological-bedfellow ac- in the United States before 1982 and border apprehensions peaked in 1986 tivity I’ve ever seen.” 20 Conservative, imposed monetary sanctions — or even at 1.7 million, driven in part by a deep- anti-immigration think tanks teamed up prison — against employers who know- ening economic crisis in Mexico. Some with liberal labor unions and environ- ingly hired undocumented workers for felt the decade-long increase in illegal mentalists favoring tighter restrictions on the first time.

110 CQ Researcher CQ Press Custom Books - Page 40 from previous elections. Why hasn’t immigration, which is get- There were some races where op- ting so much attention, proved to be a position to illegal immigration was an central concern when voters cast their bal- effective political tactic. Tom Selders, lots? For one thing, not everyone agrees the mayor of Greeley, Colo., lost after on every proposal to make life tougher expressing sympathy for illegal immi- for illegal immigrants. And the GOP’s hard grants snared in a federal raid on a line on immigration threatens to push His- local meatpacking plant. By showcas- panic voters over to the Democratic Party. ing immigration concerns, Republican But illegal immigration may be fail- Jim Ogonowski ran a surprisingly ing to take off as a voting issue not be- close race in an October special elec- cause of opposition to the hard-line pro- tion in a Massachusetts congressional posals but because something like a NBC NewsWire via AP Photo/Paul Drinkwater NBC NewsWire district that has long favored Democ- Rep. Tom Tancredo, R-Colo., based his consensus in favor of them has already rats, although ultimately he lost. presidential campaign on his strong emerged. It’s a simple matter for any “This issue has real implications support for tougher immigration measures candidate to communicate a belief that for the country. It captures all the but got little traction and dropped out border security should be tightened and American people’s anger and frus- of the race in December 2007. that current laws should be more strict- tration not only with immigration but ly enforced. with the economy,” said Rep. Rahm Emanuel of Illinois, chair- The emergence of that kind of consensus suggests that hard- man of the House Democratic Caucus and chief strategist for liners have in fact won a good portion of their argument. In his party’s congressional candidates in 2006. “It’s self-evident. his statement announcing he was leaving the presidential race, This is a big problem.” 4 Tancredo said, “Just last week Newsweek declared that ‘anti-im- But it has become surprisingly hard to outflank most can- migrant zealot’ [Tancredo] had already won. ‘Now even Dems didates on this contentious subject. Last November’s challenger dance to his no mas salsa tune.’ ” to Charles Colgan, a Democratic state senator in Virginia, tried to paint him as soft, going so far as to distribute cartoons de- 1 Jonathan Weisman, “For Republicans, Contest’s Hallmark Is Immigration,” picting Colgan helping people over the wall at the border. But The Washington Post, Jan. 2, 2008, p. A1. 2 Colgan countered by pointing out his votes in opposition to “What Iowans Care About,” The Washington Post, Jan. 3, 2008, p. A11. 3 Perry Bacon Jr. and Anne E. Kornblut, “Issue of Illegal Immigration Is extending various benefits to illegal immigrants. “The first thing Quandary for Democrats,” The Washington Post, Nov. 2, 2007, p. A2. this nation must do is seal the border,” he says. “We cannot 4 Jonathan Weisman, “GOP Finds Hot Button in Illegal Immigration,” The let this influx continue.” Colgan won reelection easily. Washington Post, Oct. 23, 2007, p. A7.

lic education or non-essential public-health cused on curbing illegal immigration. Changes in 1996 services. Immigrants’-rights organizations The final legislation, which cleared immediately challenged the law, which Congress on Sept. 30, 1996, nearly n the 1990s nearly 10 million new- a court later ruled was mostly unconsti- doubled the size of the Border Patrol I comers — the largest influx ever — tutional. But the proposition’s passage and provided 600 new INS investigators. arrived on U.S. shores, with most still had alerted politicians to the intensity of It appropriated $12 million for new coming from Latin America and Asia. anti-illegal immigrant sentiment. 21 border-control devices, including motion Bill Clinton realized early in his pres- House Republicans immediately in- sensors, set tougher standards for apply- idency that the so-called amnesty pro- cluded a proposal to bar welfare ben- ing for political asylum and made it gram enacted in 1986 had not solved efits for legal immigrants in their “Con- easier to expel foreigners with fake doc- the illegal-immigration problem. And in tract with America,” and in 1995, after uments or none at all. 22 The law also the Border States, concern was growing the GOP had won control of the House, severely limited — and in many cases that undocumented immigrants were cost- Congress took another stab at reform- completely eliminated — non-citizens’ abil- ing U.S. taxpayers too much in social, ing the rules for both legal and illegal ity to challenge INS decisions in court. 23 health and educational services. On Nov. immigration. But business groups But the new law did not force au- 8, 1994, California voters approved Propo- blocked efforts to reduce legal immi- thorities to crack down on businesses sition 187, denying illegal immigrants pub- gration, so the new law primarily fo- that employed illegal immigrants, even

Available online: www.cqresearcher.com Feb. 1, 2008 111 CQ Press Custom Books - Page 41 IMMIGRATION DEBATE though there was wide agreement that dominantly Muslim countries have Arab terrorists burrowed into Ameri- such a crackdown was vital. As the Com- high numbers of legal immigrants, al- can society to carry out the Sept. 11, mission on Immigration Reform had said though Pakistan was 13th among the 2001. Of the 19 hijackers, 13 had ob- in 1994, the centerpiece of any effort to top 15 countries of origin for legal tained legitimate driver’s licenses, stop illegal entrants should be to “turn immigrants in 1998. 28 said Rep. F. James Sensenbrenner Jr., off the jobs magnet that attracts them.” R-Wis., author of the legislation. The By 1999, however, amid an eco- commission called for national stan- nomic boom and low unemployment, Public Opinion dards for the basic American identi- the INS had stopped raiding work fication documents: birth certificates, sites to round up illegal immigrant he combination of concerns about Social Security cards and driver’s li- workers and was focusing on foreign T terrorism and the growing num- censes. In states that adopt the strict criminals, immigrant-smugglers and ber of illegal immigrants — and their requirements of the law — which be- document fraud. As for gins to go into effect in cracking down on em- May 2008 — license ap- ployers, an agency dis- plicants will have to pre- trict director told The sent ironclad proof of Washington Post, identity, which will be “We’re out of that busi- checked against federal and ness.” The idea that em- state databases. 29 ployers could be per- After the House in 2005 suaded not to hire passed a punitive bill that illegal workers “is a would have classified ille- fairy tale.” 24 gal immigrants as felons, Legal immigration, demonstrations in cities however, has been di- across the country drew minished by the gov- hundreds of thousands of ernment response to marchers during the spring the terrorist attacks of of 2006. On May 1, hun- Sept. 11, 2001. In fis- dreds of thousands more cal 2002-2003, the num- participated in what some ber of people granted billed as “the Great Ameri- legal permanent resi- can Boycott of 2006.” The dence (green cards) fell idea was for immigrants, by 34 percent; 28,000 legal and illegal, to demon- people were granted strate their economic con- political asylum, 59 per- tribution to the country by cent fewer than were staying away from their granted asylum in fis- jobs on May Day. cal 2000-2001. 25 But In terms of numbers alone, the growth of illegal im- the demonstrations of April

migration under way AP Photo/John Bazemore, file and May were impressive. before 9/11 continued, A pro-immigrant rally in Atlanta draws a crowd on May 1, 2006. But they may also have with 57 percent of the The nation’s rapidly rising foreign-born population is dispersing spurred a backlash among well beyond “gatekeeper” states such as California and Texas to illegal immigrants com- non-traditional destinations like Georgia, Arkansas and Iowa. some sectors of the public. ing from Mexico. 26 “The size and magnitude of Due to the family-reunification movement into parts of the country the demonstrations had some kind of provision in immigration law, Mexi- unused to dealing with foreign new- backfire effect,” John McLaughlin, a Re- co is also the leading country of ori- comers — made illegal immigration a publican pollster, told reporters after the gin for legal immigrants — with top-tier issue. first round of marches. “The Republi- 116,000 of the 705,827 legal immi- In 2005, Congress passed the Real cans that are tough on immigration are grants in fiscal 2002-2003 coming from ID Act, which grew out of the 9/11 doing well right now.” 30 27 Mexico. No Middle Eastern or pre- Commission investigations into how Continued on p. 114

112 CQ Researcher CQ Press Custom Books - Page 42 At Issue:

WouldYes tighter border security curb illegal immigration?

MARK KRIKORIAN DOUGLAS S. MASSEY EXECUTIVE DIRECTOR, CENTER FOR PROFESSOR OF SOCIOLOGY, PRINCETON IMMIGRATION STUDIES UNIVERSITY

WRITTEN FOR CQ RESEARCHER, JAN. 23, 2008 FROM TESTIMONY BEFORE HOUSE JUDICIARY SUBCOMMITTEE ON IMMIGRATION, APRIL 20, 2007

order security is one piece of the very large controlling- s envisioned under [the North American Free Trade immigration puzzle. But policing borders, including the Agreement], the economies of the U.S. and Mexico are buse of physical barriers where necessary, has been inte- aintegrating, and the rising cross-border movement of gral to the preservation of national sovereignty for centuries. In goods and services has been accompanied by migration of all our country, some two-thirds of the illegal population has snuck sorts of people. Since 1986, the number of exchange visitors from across the border with Mexico; the rest entered legally — as Mexico has tripled, the number of business visitors has quadrupled tourists, students, etc. — and never left. and the number of intra-company transferees has grown 5.5 times. As part of the development of a modern, national immigra- Within this rapidly integrating economy, however, U.S. policy tion system, Congress in 1924 created the U.S. Border Patrol. makers have somehow sought to prevent the cross-border move- As illegal immigration grew to massive proportions in the late ment of workers. We have adopted an increasingly restrictive set 1970s, the Border Patrol’s work became something of a cha- of immigration and border-enforcement policies. First, the Immigra- rade, with a handful of officers returning whatever Mexican tion Reform and Control Act of 1986 granted $400 million to ex- border-jumpers they could nab and then watching them im- pand the size of the Border Patrol. Then the 1990 Immigration mediately turn around and try again. Act authorized hiring another 1,000 officers. In 1993, these new The firstyes step in closing that revolving door came in 1993 personnel were deployedno as part of an all-out effort to stop unau- and 1994, when new strategies were implemented in San thorized border crossing in El Paso, a strategy that was extended Diego and El Paso, where most illegal immigration occurred, to San Diego in 1994. Finally, the 1996 Illegal Immigration Reform to deter crossings altogether rather than simply chase after and Immigrant Responsibility Act provided funds to hire an addi- people through streets and alleys after they’d already crossed. tional 1,000 Border Patrol officers per year through 2001. Over the past decade-and-a-half, the enforcement infrastruc- In essence, the U.S. militarized the border with its closest ture at the border has grown immensely, but it is still laugh- neighbor, a nation to which it was committed by treaty to an ably inadequate. Although the number of agents at the South- ongoing process of economic integration. Rather than slowing ern border has tripled, to some 12,000, that still represents an the flow of immigrants into the U.S., however, this policy yield- average of no more than two agents per mile per shift. ed an array of unintended and very negative consequences. Expanded fencing has also been part of this build-up. In the The most immediate effect was to transform the geography past, when the region on both sides of our Southern border of border crossing. Whereas undocumented border crossing was essentially empty, the limited fencing in place was intended during the 1980s focused on San Diego and El Paso, the se- simply to keep cattle from wandering off. Now, with huge me- lective hardening of these sectors after 1993 diverted the flows tropolises on the Mexican side, serious fencing is being built — to new and remote crossings. Undocumented Mexican migra- first in San Diego, where illegal crossings have plummeted as a tion was thus nationalized. The migrants got wise and simply result, and now along more than 800 additional miles of the went around built-up sectors. As a result, the probability of border, though this is still a work in progress. In addition to apprehension plummeted to record low levels. American tax- these physical barriers, we have had for years additional securi- payers were spending billions more to catch fewer migrants. ty measures (deceptively labeled “virtual fencing”), such as mo- And, rather than returning home possibly to face the gaunt- tion sensors, stadium lighting and remote-controlled cameras. let at the border again, Mexicans without documents remained But while border enforcement is a necessary element of im- longer in the U.S. The ultimate effect of restrictive border poli- migration control, it is not sufficient. There are three layers of cies was to double the net rate of undocumented population immigration security — our visa-issuing consulates abroad, the growth, making Hispanics the nation’s largest minority years border (including legal entry points) and the interior of the before Census Bureau demographers had projected. country. Improvements at the border are essential, and many At this point, pouring more money into border enforcement are already under way. The weakest link today is the interior, will not help the situation, and in my opinion constitutes a where efforts to deny illegal immigrants jobs, driver’s licenses, waste of taxpayer money. We must realize that the solution to bank accounts, etc., are being fought at every turn by the the current crisis does not lie in further militarizing the border

businessNo and ethnic lobbyists who benefit from open borders. with a friendly trading nation that poses no conceivable threat.

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Continued from p. 112 force our borders,” That turned out Bush said. “But equally not to be the case importantly, it will treat come election-time, people with respect. This however. Some is a bill where people prominent critics of who live here in our current immigration country will be treated policy, including without amnesty, but Republican Reps. without animosity.” 34 Jim Ryun of Kansas The 380-page plan and J.D. Hayworth was worked out just in of Arizona, went time to meet a deadline down to defeat in for the beginning of November 2006. Senate debate on the Republicans in gen- issue. “The plan isn’t per- eral paid a clear fect, but only a biparti- price among His- Getty Images/Mark Wilson san bill will become law,” President George W. Bush announces the bipartisan compromise 35 panics for their immigration deal he struck with Congress on May 17, 2007. The said Sen. Kennedy. tough stand. Exit agreement would have granted temporary legal status to virtually all But immigration is the polling in 2006 sug- illegal immigrants. Despite the backing of most Democrats and several rare issue that cuts across gested that 30 per- conservative Republicans, the package was defeated. Bush is partisan lines. Despite the cent of Hispanics flanked by Homeland Security Secretary Michael Chertoff, backing of most Democ- left, and Commerce Secretary Carlos Gutierrez. voted for Republi- rats, the Bush adminis- cans in congressional races that year, tration and conservative Republicans such while Democrats garnered 69 per- as Kennedy’s negotiating partner, Sen. cent. President Bush had taken 40 CURRENT Jon Kyl, R-Ariz., the package went percent of the Hispanic vote in his down to defeat. Supporters were unable reelection race two years earlier. 31 SITUATION to muster the support of 60 senators “I don’t think we did ourselves any necessary even to bring it to a vote in favors when we engaged the pub- the face of determined opposition. lic in a major topic and didn’t pass Difficult Fix The agreement would have granted the legislation to deal with it,” said temporary legal status to virtually all il- Sen. Sam Brownback, R-Kan., who urrently, immigration is the sub- legal immigrants, allowing them to apply dropped out of the GOP presidential C ject of countless legislative pro- for residence visas and citizenship through primary in October 2007. 32 posals at all levels of government. a lengthy process. They would have to Perhaps partly in response, Re- Congress under the new Democratic wait for eight years before applying for publicans just after the 2006 elec- majority ushered in with the 2006 elec- permanent resident status and pay fines tions selected as their new national tions has generally considered more of up to $5,000; in addition, heads of chairman Florida Sen. Mel Martinez, lenient legislation, but any proposal households would be forced to leave a prominent Cuban-American who that seems to offer any sort of aid to the country and reenter legally. had served in the Bush Cabinet. The illegal immigrants has failed to gain But the process could not begin for Federation for American Immigration traction. In states and in many local- any illegal aliens — and a new guest Reform’s Mehlman, then the outgo- ities, meanwhile, hundreds of punitive worker program would also be put on ing party chairman, told reporters bills have passed into law. hold — until after a tough border crack- that he was concerned about where Amid much fanfare, President Bush down had gone into effect. The deal the party stood with Hispanics. “His- and a bipartisan group of 10 senators called for the deployment of 18,000 panics are not single-issue voters, announced an agreement on May 17, new Border Patrol agents and exten- but GOP officials said the tone of 2007, on a comprehensive compromise sive new physical barriers, including the immigration debate hurt the party’s plan to tighten border security and ad- 200 miles of vehicle barriers, 370 miles standing with the fastest-growing mi- dress the fate of the nation’s 12 million of fencing and 70 ground-based cam- nority group,” The Washington Post illegal immigrants. “The agreement era and radar towers. In addition, fund- reported. 33 reached today is one that will help en- ing would be provided for the deten-

114 CQ Researcher CQ Press Custom Books - Page 44 tion of 27,500 illegal immigrants, and In October, a federal judge issued new identification tools would be de- Federal Inaction a temporary injunction blocking a part veloped to help screen out illegal job of the Homeland Security package that applicants. ot long after the Senate’s com- would have required employers to fire Conservative opponents of the pack- N prehensive bill failed, the attempt workers whose Social Security num- age in the Senate — as well as most to extend legal status to immigrants at- bers do not match information in gov- of the 2008 GOP presidential hope- tending college also failed. The DREAM ernment databases. fuls — derided it as an “amnesty” bill, Act would have protected students from The Immigrations and Customs En- giving an unfair citizenship advantage deportation and allowed young adults forcement agency in January an- to people who had come into the (up to age 30) to qualify for perma- nounced a plan to speed the depor- country illegally. nent legal status if they completed high tation of foreign-born criminals. Under But liberals and immigration advoca- school and at least two years of col- current law, immigrants convicted of cy groups also questioned the terms of lege or military service. crimes are only deported after serv- the Senate proposal, particularly a change On Oct. 24, Senate supporters fell ing their sentences. ICE intends to in visa applications. In contrast to the eight votes short of the 60 needed to work with states to create parole pro- current system, which stresses family ties, end debate on the bill and bring it to grams that would allow for the early a new, complex, point system would a final vote. The following month, sup- release of non-violent offenders if they favor skilled, educated workers. About porters of legislation to address the agreed to immediate deportation. The 50 percent of the points would be based issue of temporary guest workers — program would place a strain on fed- on employment criteria, with just 10 per- the AgJobs bill — announced that the eral detention centers but provide fis- cent based on family connections. political climate had turned against cal relief and bed space to state and Even if the Senate had passed the them, and they would drop their ef- local governments housing such pris- bill, its prospects in the House would forts at least until 2008. oners. Last year, ICE sent 276,912 peo- have been dim. Despite the change in “Amnesty for illegal immigrants is ple back to their home countries, in- partisan control of Congress, there was dead for this Congress,” says Krikori- cluding many who were not arrested still less sentiment in the House than an of the Center for Immigration Stud- for crimes but had violated civil im- in the Senate for any bill that was per- ies. “When the pro-amnesty side migration statutes. 38 ceived as giving a break to illegal aliens. couldn’t even pass small measures like “Unless the White House produces 60 the DREAM Act and the AgJobs bill, or 70 Republican votes in the House, there’s little doubt that legalizing ille- it will be difficult to pass an immi- gal immigrants is dead in the water OUTLOOK gration bill similar to the Senate pro- at least until 2009.” posal,” Rep. Rahm Emanuel, D-Ill., Given the pressure on Congress to chairman of the House Democratic Cau- do something to address the topic, cus, said in May 2007. 36 those lobbying for tougher restrictions Tough Talk Those votes would have been tough remain optimistic that this year could to get. Some staunch critics of immi- see passage of the Secure America With mmigration will clearly remain an gration policy were defeated in the 2006 Verification Enforcement Act. The SAVE I important part of the political con- elections, but for the most part they were Act would require all employers to use versation in this country. The factors replaced by newcomers who also took an electronic verification system to check that have made it so prominent — the a hard line against illegal immigration. the legal status of all workers. record number of immigrants, both legal “This proposal would do lasting dam- In the absence of successful con- and illegal, and their dispersal into parts age to the country, American workers gressional action thus far, the Bush ad- of the country that had not seen large and the rule of law,” said Lamar Smith ministration last August unveiled a influxes of immigrants in living mem- of Texas, ranking Republican on the package designed to break the stale- ory — show little sign of abating. House Judiciary Committee, in response mate. The strategy includes stepped-up The course that any policy changes to the deal between senators and the work-site raids and arrests of fugitive will take will depend on who wins White House. “Just because somebody illegal immigrants. The administration the presidency. Attempts at address- is in the country illegally doesn’t mean also created a new requirement for fed- ing the issue in a comprehensive way we have to give them citizenship.” 37 eral contractors to use the E-Verify sys- in Congress failed, due to concerted The House did not vote at all on com- tem for screening the legal status of opposition to the compromise pack- prehensive immigration legislation in 2007. new employees. age brokered between the Bush White

Available online: www.cqresearcher.com Feb. 1, 2008 115 CQ Press Custom Books - Page 45 IMMIGRATION DEBATE

House and a bipartisan group of sen- efforts to do just that may ultimately Douglas S. Massey, a Princeton Uni- ators. Since that time, more modest prove counterproductive. versity sociologist, agrees that the poli- bills have not been able to advance. Mehlman of the Federation for tics of this issue may play out poorly That means the issue will not be American Immigration Reform says “the over the long term for those proposing resolved as a policy matter until 2009, forces that have been trying to promote a serious crackdown. He notes that there at the earliest. Instead, it will remain amnesty and lots of guest workers are have been many occasions in American a major theme of the presidential cam- not going to go away.” Mehlman says history when “beating on immigrants” paign. Immigration has become, per- that even if current campaign rhetoric has been an expedient strategy, but he haps, the dominant issue among the generally supports the tough approach argues it’s never played well successfully Republican candidates, as well as one his organization favors, the dynamic of as a sustained national issue. that Democrats have had to address actually changing policies in 2009 and “It’s not a long-term strategy for po- in several particulars. after may not change that much. litical success, if you look at the future In a December interview with The “It wouldn’t be the first time a composition of America,” Massey says, Boston Globe, Illinois Sen. Barack Obama, politician said one thing during the alluding in particular to the growth in one of the Democratic front-runners, campaign and acted differently once foreign-born populations. predicted that any Republican candidate, in office,” he says. The political debate clearly will have save for McCain, would center his race He notes that the business groups a profound influence on the policy de- on two things — fear of terrorism and that encourage immigration have deep cisions made on immigration in the com- fear of immigration. 39 pockets, but he believes that “this is ing years. But the underlying demo- But the immigration issue has not an issue that the American public is graphic trends are likely to continue broken along strictly partisan lines. making a stand on.” regardless. “With the baby boomers re- Krikorian of the Center for Immigra- The National Immigration Forum’s tiring, we will need barely skilled work- tion Studies predicts that even if the Sharry counters that the policy debate ers more than ever,” says Jacoby, of the election results in a Democratic presi- has been hijacked by heated political Manhattan Institute, referring in part to dent and Congress, the broad policy rhetoric and that it’s become difficult health-care aides. trajectory will be toward further tight- to discuss what would be the best so- She argues that growth in immigra- ening of immigration policy. lutions without accusations being hurled tion is simply an aspect of globalization. “I don’t care whether it’s a new if a proposal sounds at all “soft” on Although people are uncomfortable with Democratic or a new Republican pres- illegal immigrants. change and tend to see its downsides ident, they’re going to have to address Nevertheless, he notes, most people first, she believes that people will even- it,” says Kent, of Americans for Im- do not support the toughest proposals tually realize large-scale migration is an migration Control. “The new president that would treat illegal immigrants as inevitable part of the American future. will have to toughen up the border.” felons and seek their mass deportation. “We’re in a bad time, and our politics Politicians of all stripes indeed now “I suspect it’s going to take one or per- are close to broken,” she says, “but pay homage to the idea that border se- haps two election cycles to figure out eventually American pragmatism will curity must be tightened and that cur- who does it help and who does it hurt,” come to the surface.” rent laws need more rigorous enforce- Sharry says. “My prediction is that the ment. But debate is still hot over questions Republican embrace of the extreme anti- of how much to penalize illegal immi- immigrant groups will be seen in retro- Notes grants and employers — and whether spect as an act of slow-motion suicide.” 1 Quoted in Ryan Lizza, “Return of the Nativist,” The New Yorker, Dec. 17, 2007, p. 46. For more About the Author on immigrant families that face being split up, Alan Greenblatt is a staff writer at Governing magazine. see Pamela Constable, “Divided by Deportation: He previously covered elections, agriculture and military Unexpected Orders to Return to Countries Leave Families in Anguish During Holidays,” The spending for CQ Weekly, where he won the National Press Washington Post, Dec. 24, 2007, p. B1. Club’s Sandy Hume Award for political journalism. He 2 Quoted in Lizza, op. cit. graduated from San Francisco State University in 1986 and 3 Ellis Cose, “The Rise of a New American received a master’s degree in English literature from the Underclass,” Newsweek, Jan. 7, 2008, p. 74. University of Virginia in 1988. His recent CQ Researcher re- 4 William Neikirk, “Gingrich Rips Bush on ports include “Sex Offenders” and “Pension Crisis.” Immigration,” Chicago Tribune, Aug. 15, 2007, p. 3.

116 CQ Researcher CQ Press Custom Books - Page 46 5 Jennifer Ludden, “Q&A: Sen. Kennedy on Immigration, Then & Now,” May 9, 2006, NPR.org, www.npr.org/templates/story/story. FOR MORE INFORMATION php?storyId= 5393857. American Immigration Law Foundation, 918 F St., N.W., 6th Floor, Washington, 6 Lizza, op. cit. DC 20004; (202) 742-5600; www.ailf.org. Seeks to increase public understanding of im- 7 “GOP Hopefuls Debate Immigration on Uni- migration law and policy, emphasizing the value of immigration to American society. vision,” www.msnbc.msn.com/id/22173520/. 8 David Harper, “Terrill Leads Way on Issue,” Center for Comparative Immigration Studies, University of California, San Diego, Tulsa World, Oct. 30, 2007, www.Tulsa La Jolla, CA 92093-0548; (858) 822-4447; www.ccis-ucsd.org. Compares U.S. immigration World.com. trends with patterns in Europe and Asia. 9 Julia Preston, “U.S. to Speed Deportation Center for Immigration Studies, 1522 K St., N.W., Suite 820, Washington, DC of Criminals Behind Bars,” The New York 20005-1202; (202) 466-8185; www.cis.org. The nation’s only think tank exclusively Times, Jan. 15, 2008, p. A12. devoted to immigration-related issues advocates reduced immigration. 10 “Rot in the Fields,” The Washington Post, Dec. 3, 2007, p. A16. Federation for American Immigration Reform, 25 Massachusetts Ave., NW, 11 Steven Greenhouse, “U.S. Seeks Rules to Suite 330; Washington, DC 20001; (202) 328-7004; http://fairus.org. A leading ad- Allow Increase in Guest Workers,” The New vocate for cracking down on illegal immigration and reducing legal immigration. York Times, Oct. 10, 2007, p. A16. 12 Metropolitan Policy Program, The Brookings Institution, 1775 Massachusetts Ave., Kathy Kiely, “Children Caught in the Im- N.W., Washington, DC 20036; (202) 797-6000; www.brookings.edu/metro.aspx. The migration Crossfire,” USA Today, Oct. 8, 2007, think tank produces numerous reports on both immigration and broader demographics, p. 1A. including geographical mobility. 13 Patrick McGreevy, “Gov’s Party Blocks His College Board Choice,” Los Angeles Times, Migration Dialogue, University of California, Davis, 1 Shields Ave., Davis, CA Jan. 15, 2008, p. B3. 95616; (530) 752-1011; http://migration.ucdavis.edu/index.php. A research center that 14 Unless otherwise noted, material in the focuses on immigration from rural Mexico and publishes two Web bulletins. background section comes from Rodman D. Migration Policy Institute, 1400 16th St., N.W., Suite 300, Washington, DC 20036; Griffin, “Illegal Immigration,” April 24, 1992, (202) 266-1940; www.migrationpolicy.org. Analyzes global immigration trends and pp. 361-384; Kenneth Jost, “Cracking Down advocates fairer, more humane conditions for immigrants. on Immigration,” Feb. 3, 1995, pp. 97-120; David Masci, “Debate Over Immigration,” National Immigration Forum; 50 F St., N.W., Suite 300, Washington, DC 20001; July 14, 2000, pp. 569-592; and Peter Katel, (202) 347-0040; www.immigrationforum.org. A leading advocacy group in support “Illegal Immigration,” May 6, 2005, pp. 393- of immigrants’ rights. 420, all in CQ Researcher. 15 For background, see Richard L. Worsnop, Benefits,” The Washington Post, Oct. 1, 1996, New York Times, April 17, 2006, p. 16. “Asian Americans,” CQ Researcher, Dec. 13, p. A1. 31 Arian Campo-Flores, “A Latino ‘Spanking,’ ” 1991, pp. 945-968. 23 David Johnston, “Government is Quickly Newsweek, Dec. 4, 2006, p. 40. 16 For background, see “Quota Control and Using Power of New Immigration Law,” The 32 Rick Montgomery and Scott Cannon, “Party the National-Origin System,” Nov. 1, 1926; “The New York Times, Oct. 22, 1996, p. A20. Shift Won’t End Immigration Debate,” The National-Origin Immigration Plan,” March 12, 24 William Branigin, “INS Shifts ‘Interior’ Strat- Washington Post, Dec. 17, 2006, p. A11. 1929; and “Immigration and Deportation,” egy to Target Criminal Aliens,” The Wash- 33 Jim VandeHei, “Florida Senator Will Be a April 18, 1939, all in Editorial Research Re- ington Post, March 15, 1999, p. A3. Top RNC Officer,” The Washington Post, ports, available from CQ Researcher Plus Archive, 25 Deborah Meyers and Jennifer Yau, “US Im- Nov. 14, 2006, p. A4. http://cqpress.com. migration Statistics in 2003,” Migration Policy 34 Karoun Demirjian, “Bipartisan Immigration 17 Quoted in Ellis Cose, A Nation of Strangers: Institute, Nov. 1, 2004, www.migrationinforma- Deal Reached,” Chicago Tribune, May 18, Prejudice, Politics and the Populating of Amer- tion.org/USfocus/display.cfm?id=263; and Home- 2007, p. 1. ica (1992), p. 191. land Security Department, “2003 Yearbook of 35 Ibid. 18 Cited in Michael Fix, ed., The Paper Curtain: Immigration Statistics,” http://uscis.gov/graph- 36 Robert Pear and Jim Rutenberg, “Senators Employer Sanctions’ Implementation, Impact, and ics/shared/statistics/yearbook/index.htm. in Bipartisan Deal on Broad Immigration Bill,” Reform (1991), p. 2. 26 Jeffrey S. Passel, “Estimates of the Size and The New York Times, May 18, 2007, p. A1. 19 Quoted in Tom Morganthau, et al., “Closing Characteristics of the Undocumented Population,” 37 Demirjian, op. cit. the Door,” Newsweek, June 25, 1984. Pew Hispanic Center, March 21, 2005, p. 8. 38 Julia Preston, “U.S. to Speed Deportation 20 Quoted in Dick Kirschten, “Come In! Keep 27 Meyers and Yau, op. cit. of Criminals Behind Bars,” The New York Out!” National Journal, May 19, 1990, p. 1206. 28 Lin, op. cit., p. 20. Times, Jan. 15, 2008, p. A12. 21 Ann Chih Lin, ed., Immigration, CQ Press 29 For background, see Peter Katel, “Real ID,” 39 Foon Rhee, “Obama Says He Wants a Man- (2002), pp. 60-61. CQ Researcher, May 4, 2007, pp. 385-408. date for Change,” www.boston.com/news/pol- 22 William Branigin, “Congress Finishes Major 30 David D. Kirkpatrick, “Demonstrations on itics/politicalintelligence/2007/12/obama_says_he Legislation; Immigration; Focus is Borders, Not Immigration are Hardening a Divide,” The _w.html.

Available online: www.cqresearcher.com Feb. 1, 2008 117 CQ Press Custom Books - Page 47 Bibliography Selected Sources

Books face potential deportation since the failure of a bill designed to grant permanent legal status to those who finish high Massey, Douglas S., ed., New Faces in New Places: The school and at least two years of higher education. Changing Geography of American Immigration, Russell Sage Foundation, 2008. Lizza, Ryan, “Return of the Nativist,” The New Yorker, A collection of academic pieces shows how the waves of Dec. 17, 2007, p. 46. recent immigrants have been dispersed across America by How a hard line on immigration became central to the shifts in various economic sectors and how their presence in GOP Republican debate, taken even by candidates who had areas outside traditional “gateways” has led to social tension. previously favored a more conciliatory approach.

Myers, Dowell, Immigrants and Boomers: Forging a New Preston, Julia, “U.S. to Speed Deportation of Criminals Social Contract for the Future of America, Russell Sage Behind Bars,” The New York Times, Jan. 15, 2008, p. A12. Foundation, 2007. A federal agency pledges to step up arrests of employers A demographer suggests that rates of immigration already who knowingly hire illegal immigrants, while speeding de- may have peaked and argues that rather than being stig- portation of immigrants who have committed crimes. matized immigrants need to be embraced as a replacement workforce for an aging Anglo population. Sandler, Michael, “Immigration: From the Capitol to the Courts,” CQ Weekly, Dec. 10, 2007, p. 3644. Portes, Alejandro, and Ruben G. Rumbaut, Immigrant Amer- The lack of action on Capitol Hill has encouraged scores of state ica: A Portrait, 3rd ed., University of California Press, 2006. and local jurisdictions to step in with immigrant-related legislation. This updated survey by two sociologists offers a broad look at where immigrants settle, what sort of work they do and Weisman, Jonathan, “For Republicans, Contest’s Hallmark how well they assimilate. Is Immigration,” The Washington Post, Jan. 2, 2008, p. A1. Illegal immigration has been a dominant issue in the GOP Articles presidential primary contests.

Bacon, Perry Jr., and Anne E. Kornblut, “Issue of Illegal Reports and Studies Immigration Is Quandary for Democrats,” The Wash- ington Post, Nov. 2, 2007, p. A4. “2006 Yearbook of Immigration Statistics,” Department of Immigration is a wedge issue that can work against Demo- Homeland Security, Sept. 2007, www.dhs.gov/xlibrary/as- cratic presidential candidates and is perhaps the strongest card sets/statistics/yearbook/2006/OIS_2006_Yearbook.pdf. in the GOP’s deck. A wealth of statistical information about immigrant populations is presented, as well as enforcement actions. Bazar, Emily, “Strict Immigration Law Rattles Okla. Busi- nesses,” USA Today, Jan. 10, 2008, p. 1A. “2007 Enacted State Legislation Related to Immigrants Numerous business sectors in Oklahoma are complaining and Immigration,” National Conference of State Legisla- about worker shortages in the wake of a new state law that tures, Nov. 29, 2007, www.ncsl.org/print/immig/2007Im- makes transporting or sheltering illegal immigrants a felony. migrationfinal.pdf. Last year, every state considered legislation related to im- Goodman, Josh, “Crackdown,” Governing, July 2007, p. 28. migration, with more than 1,500 bills introduced and 244 States are reacting to immigration pressures largely by enacting enacted into law. The amount of activity “in the continued new restrictions on illegal immigrants and the employers who absence of a comprehensive federal reform” was unprece- hire them. dented and represented a threefold increase in legislation in- troduced and enacted since 2006. Greenhouse, Steven, “U.S. Seeks Rules to Allow Increase in Guest Workers,” The New York Times, Oct. 10, 2007, p. A16. “2007 National Survey of Latinos: As Illegal Immigration Bush administration officials say they will allow farmers to Issue Heats Up, Latinos Feel a Chill,” Pew Hispanic Center, bring in more foreign labor. Dec. 19, 2007; available at http://pewhispanic.org/files/re- ports/84.pdf. Kiely, Kathy, “Children Caught in the Immigration The poll finds that the prominence of the illegal-immigration Crossfire,” USA Today, Oct. 8, 2007, p. 1A. issue has Hispanics more concerned about deportation and dis- A million young, illegal immigrants in the United States crimination but generally content with their place in U.S. society.

118 CQ Researcher CQ Press Custom Books - Page 48 The Next Step: Additional Articles from Current Periodicals

Employers Higher Education

Billeaud, Jacques, “Arizona Senate Approves Bill to Confront “College Entree for Illegal Immigrants,” Los Angeles Illegal Hirings,” The Associated Press, May 24, 2007. Times, July 30, 2006, p. B7. The Arizona Senate has approved a bill prohibiting employers Nine states, including California, allow undocumented students from knowingly hiring illegal immigrants and requiring them to pay in-state tuition while attending public universities. to check the employment eligibility of applicants. Craig, Tim, “Va. Republican Bill Would Bar Illegal Immigrants James, Frank, “Feds Threaten More Raids on Employers,” from College,” The Washington Post, Aug. 30, 2007, p. A1. Chicago Tribune, April 21, 2006, p. A1. Virginia Republicans announced legislation that would pro- Homeland Security Secretary Michael Chertoff has warned hibit illegal immigrants from attending public universities. of an intensified campaign to target employers whose busi- nesses rely heavily on undocumented workers. Silva, Cristina, “A Struggle for Higher Learning,” The Boston Globe, July 6, 2006, p. B1. Porter, Eduardo, “The Search for Illegal Immigrants Stops As immigration laws have tightened, college is no longer at the Workplace,” The New York Times, March 5, 2006, an easy option for Boston-area high-school students. p. C3. The Bureau of Immigration and Customs Enforcement (ICE) Presidential Election devotes 4 percent of its personnel to policing illegal immigrants in the workplace, down from 9 percent in 1999. Haberman, Clyde, “A Right Turn on the Road to Giuliani ’08,” The New York Times, April 27, 2007, p. B1. Sandler, Michael, “Committing a Hiring Offense,” CQ Rudolph Giuliani no longer speaks about accepting illegal Weekly, May 22, 2006, p. 1391. immigrants. An estimated 7 million workers in the United States are here illegally, evidence that most of the nearly 12 million Hook, Janet, “Voters Vacillate on Illegal Immigrants,” Los illegal immigrants thought to be in the country have mi- Angeles Times, Dec. 6, 2007, p. A1. grated for employment. One-third of American voters want to deny social services, including emergency health care, to illegal immigrants. Guest Worker Programs Wallsten, Peter, “Democrats Wrangle on Immigration,” Saunders, Debra J., “What Guest Workers Want — Temp Los Angeles Times, Nov. 11, 2007, p. A1. Jobs,” The San Francisco Chronicle, March 2, 2006, p. B9. Many political analysts think Democratic presidential candidates Guest worker programs are nothing but an attempt to subsi- can toughen their stance on border issues without straying too dize corporations so they can sell their products at bargain prices far from traditional positions. and make larger profits. CITING CQ RESEARCHER Surowiecki, James, “Be Our Guest!” The New Yorker, Sample formats for citing these reports in a bibliography June 11, 2007, p. 52. The most vocal supporters of a proposed guest worker include the ones listed below. Preferred styles and formats program are businesses that rely heavily on labor from illegal vary, so please check with your instructor or professor. immigrants. MLA STYLE Thornburgh, Nathan, “How Not to Treat the Guests,” Time, Jost, Kenneth. “Rethinking the Death Penalty.” CQ Researcher June 4, 2007, p. 42. 16 Nov. 2001: 945-68. Economists say guest worker programs may look like a solution to the country’s seasonal agricultural needs, but they APA STYLE inevitably fail under systems of red tape. Jost, K. (2001, November 16). Rethinking the death penalty. Williams, Krissah, “Unions Split on Immigrant Workers,” CQ Researcher, 11, 945-968. The Washington Post, Jan. 27, 2007, p. D1. CHICAGO STYLE The Service Employees International Union backs guest worker programs while the AFL-CIO calls them exploitative Jost, Kenneth. “Rethinking the Death Penalty.” CQ Researcher, and advocates allowing immigrants to enter the country as November 16, 2001, 945-968. permanent residents.

Available online: www.cqresearcher.com Feb. 1, 2008 119 CQ Press Custom Books - Page 49 Updated Dec. 10, 2010 www.cqresearcher.com Immigration Debate Here are key events, legislation and court rulings since publication of the CQ Researcher report by Alan Green- blatt, “Immigration Debate,” Feb. 1, 2008.

or illegal immigrants in the Unit- tutional amendment to alter the 14th ed States, 2010 has not been a Amendment to remove “birthright cit- F good year, and it appears like- izenship” for children of immigrants. ly to end on a particularly sour note. Many of them know it would be an On Dec. 8, the House passed its ver- uphill battle to change a 142-year- sion of the much-vaunted Develop- old amendment designed primarily ment, Relief and Education of Alien to ensure freedom for children of Minors (DREAM) Act, which would slaves. The Supreme Court has twice create a path to citizenship for young rejected similar proposals. 41 undocumented immigrants brought into Politically, however, the propos- the United States as children. But Sen- al put wind in the sails of conser- ate Democrats promptly tabled the vatives calling for stepped-up en- AFP/Getty Images/Mandel Ngan Arizona Gov. Jan Brewer addresses reporters after bill, making its passage this year high- forcement of immigration laws to meeting with President Obama at the White House in ly unlikely. Immigrants saw similar seal porous U.S. borders, restore re- June 2010. Over Obama’s objections, the Republican governor signed a controversial law in April that lack of support throughout the year. spect for the law and reduce the fi- gives police broad powers to detain anyone “People come here to have babies,” nancial burden they say undocu- suspected of being in the country illegally. Sen. Lindsey Graham, R-S.C., declared mented workers impose on state on Fox News in July 2010 during a sum- and local social programs. tray the basic principles of equality en- mer when immigration controversies But to immigrants’ advocates, the visioned by our Founding Fathers.” 42 swirled through the country. Graham in- proposal is a xenophobic distraction. About 340,000 of the 4.3 million troduced to the national discourse the “Our nation cannot revert to the shame- babies born in the United States in term “drop and leave,” a practice he says ful ‘separate but equal’ doctrine that jus- 2008 — about 8 percent of the total is common among illegal immigrants tified segregation in America for over — have at least one undocumented who enter the country and proceed to 50 years,” said Ali Noorani, executive immigrant as a parent, according to a the nearest emergency room to give director of the National Immigration study released in August by the Pew birth to their family’s “anchor baby,” who Forum, a Washington-based group that Hispanic Center. 43 is automatically a U.S. citizen. 40 advocates on behalf of immigrants. “By The proposal to change the 14th denying the right to citizenship to chil- Amendment is opposed by 56 percent Constitutional Amendment dren born on American soil, we will of Americans, according to a national poll Graham joined other Republicans not only stifle the potential of success by the Pew Research Center for People who have been agitating for a consti- for countless Americans, but we will be- and the Press, while 41 percent favor it.

PUBLISHED BY CQ PRESS, A DIVISION OF SAGE WWW.CQPRESS.COM

CQ Press Custom Books - Page 50 IMMIGRATION DEBATE

Arizona’s New Law as well as the trust between police tion legislation, prompted an uptick in Whether or not the anchor-baby and our communities that is so cru- proposed state immigration bills around issue endures or fades, it encapsulates cial to keeping us safe.” 45 the country. As of November 10, bills the national divisions over proposed The controversy only intensified. similar to Arizona’s had been intro- crackdowns on illegal immigration. Foreign governments, including Mex- duced in South Carolina, Pennsylvania, These fissures have been on noisy dis- ico, protested, and entertainers and Minnesota, Rhode Island, Michigan and play this year in Arizona, where Re- civil rights groups began a boycott of Illinois, according to the National Con- publican Gov. Jan Brewer in April Arizona businesses. U.S. Attorney Gen- ference of State Legislatures. 48 signed the nation’s toughest immigra- eral Eric Holder filed a lawsuit to block The political import of the issue tion enforcement law. the law, and on July 27 — two days was demonstrated in the August pri- mary election for the Senate seat held by Sen. John McCain, R-Ariz. McCain in 2007 had worked with Democrats and the George W. Bush administra- tion in an unsuccessful attempt at comprehensive immigration reform. In 2010 he moved sharply to the right in his ultimately successful re-election campaign against conservative former U.S. Rep. J.D. Hayworth. McCain aban- doned his past support for guest work- er programs and stressed the en- forcement approach. 49 What is happening, according to Ira Mehlman, media director of the Fed- eration for American Immigration Re- form, which favors strict immigration enforcement, is that “the enforcement of immigration law has become a Getty Images/John Moore Critics of Arizona’s tough immigration law protest at the state capitol in Phoenix higher priority for the public, as evi- in April after Gov. Brewer signed the law. President Obama said it threatened “to denced by the public support for the undermine basic notions of fairness that we cherish as Americans.” Arizona law and opposition to” the The Ninth U.S. Circuit Court of Appeals is weighing a lawsuit by Attorney General Holder. lower court order freezing several of the law’s provisions. “His suit is directed at other states in It makes the failure to carry immi- before they would have taken effect an attempt to intimidate them” so they gration documents a crime and gives — U.S. District Judge Susan Bolton won’t follow Arizona’s path, Mehlman police broad powers to detain anyone froze several of the law’s provisions. says. “He’s saying, ‘We don’t want im- suspected of being in the country il- In August, Gov. Brewer filed an ap- migration law enforced.’ ” legally. “We have to trust our law en- peal to the Ninth U.S. Circuit Court of Noorani of the National Immigra- forcement,” said Brewer, responding to Appeals. 46 On November 1, the three- tion Forum says that what stands out demands from Arizonans fearful of judge panel heard arguments and gave from the polling is that “the country being overrun by illegal immigrants indications that it might reinstate — is asking why Congress hasn’t fixed committing crimes in their communi- but strike down some components of the broken immigration system.” ties while the politically stalemated — the law. 47 Congress, however, has been unable federal government sits idly by. 44 National polls showed a majority of to muster consensus even to take up “What part of illegal don’t you un- Americans backing the Arizona crack- omnibus immigration reform, and the derstand?” read countless protest signs down, by 55 percent according to a Obama administration has not offered carried by Arizonans supporting the July CNN/Opinion Research poll. its own bill. The only recent action of crackdown when President Obama note came on August 12, when the Sen- pounced on the law, saying it threat- State Immigration Bills ate convened in a special session and ened “to undermine basic notions of The Arizona debate, coupled with passed by acclamation a bill just passed fairness that we cherish as Americans, Congress’ failure to take up immigra- by the House providing $600 million

CQ Press Custom Books - Page 51 Chronology

July 6 — U.S. Attorney General Nov. 2 — Republicans win 2009 Eric Holder files suit House in a landslide, gaining 63 challenging Arizona law. seats. Anti-immigrant Tea Party Dec. 15 — Congressional candidates make huge gains. Hispanic Caucus joins 100 July 27 — U.S. District Judge House cosponsors to introduce Susan Bolton blocks portions of Dec. 8 — House of Comprehensive Immigration Arizona’s law. Representatives passes DREAM Reform for America’s Security Act favoring citizenship for and Prosperity Act of 2009. It Aug. 24 — Sen. John McCain, young immigrants. Senate tables goes nowhere. R-Ariz., wins primary after vote amid doubts over passage. moving to the right on • immigration enforcement. • Aug. 26 — Arizona Gov. Jan 2010 Brewer appeals district court’s 2011 rejection of parts of immigration April 23 — Arizona enacts crackdown law. Judges hear Jan. 5 — Republicans assume tough immigration law, appeal on Nov. 1 and give control of the House of prompting worldwide protests indications of a possible Representatives. and boycotts of state economy. reinstatement. for “emergency supplemental appro- that is fair and that upholds our na- gress, has been labeled a hard-liner priations for border security.” tion’s founding principles as a land of on immigration policy and a propo- sanctuary and opportunity.” nent for nationwide laws similar to the DREAM Act Opponents of the bill, who are or- one enacted in Arizona. 51 The pas- Proponents had hoped for better ganized at the noamericandreamact.org sage of the DREAM Act, analysts say, luck with the DREAM Act, introduced website, call it amnesty for illegal im- would become impossible after the by Sen. Richard Durbin, D-Ill., and migrants who will compete with na- conclusion of the lame-duck. Rep. Howard Berman, D-Calif. Backed tive-born Americans for scarce slots at by many colleges and universities, it public universities. Furthermore, crit- Border Enforcement would help children of undocument- ics say, the bill would increase illegal The administration, meanwhile, has ed immigrants who have attended immigration by allowing undocumented stepped up border enforcement, com- American public schools go on to individuals to pin their hopes on even- mitting in May to send several hun- higher education and emerge on a tual citizenship for their children, as dred Army National Guard troops to path to citizenship. Eligible immigrants well as for themselves through spon- Arizona. To help employers comply would have to prove that they entered sorships. with the law on hiring, the Department the United States prior to age 18 and The House passed the measure, 216 of Homeland Security has launched a would be required to complete at least to 198, on December 9. Senate De- free, voluntary program called E-Veri- two years of college or military train- mocrats, however, tabled the DREAM fy, an Internet-based system that allows ing, among other requisites. Act amid a lack of support, jeopar- an employer, using information reported The American Association of Com- dizing its chances of passage before on an employee’s Employment Eligi- munity Colleges said in an April 26 the lame-duck session ends in early bility Verification form, to determine the statement: “We call upon Congress to January. 50 eligibility of that employee to work in pass the DREAM Act and to further Moreover, Rep. Lamar Smith, R-Texas, the United States. More than 216,000 fulfill its responsibility to enact a na- the likely chairman of the House Ju- employers are enrolled in the program, tional immigration policy that is clear, diciary Committee in the new Con- and more than 13 million queries have

CQ Press Custom Books - Page 52 CHAPTER

AMERICA'S BORDER FENCE 3 BY REED KARAIM

Excerpted from Reed Karaim, CQ Researcher (September 19, 2008), pp. 745-768.

CQ Press Custom Books - Page 53 CQ Press Custom Books - Page 54 America’s Border Fence BY REED KARAIM

cent opposing it. But only 44 percent believe it will make THE ISSUES a difference, while 55 percent n the arid landscape near do not. 1 Naco, Ariz., America’s That sentiment may part- I new border fence already ly reflect skepticism about looks timeworn. A rusted the effectiveness of the ef- brown the color of the dis- fort. The “fence” is really a tant Huachuca Mountains, melange of barriers — built spray-painted here and there along several different stretch- with directions for mainte- es of the border — designed nance crews, it snakes up to hamper immigrants cross- and down rugged hills, dis- ing illegally on foot and in appearing into the distance. vehicles. Some of the earli- Besides its length, the most est portions are solid metal, surprising thing about the consisting of corrugated steel fence is how unimpressive it once used in Vietnam-era air- appears. Our nation’s highly craft landing mats. More re- publicized first line of de- cent sections are often made fense against , of wire mesh reinforced by now being built up and down concrete-filled poles or taller the U.S.-Mexican border, concrete-filled poles planted looks in some places like six inches apart. The height something that might guard ranges from 12 to 18 feet. a construction site. Vehicle barriers are lower

But to Border Patrol AFP/Getty Images/Chip Somodevilla and often resemble the Agent Mike Scioli the fence The fence blocks illegal border crossings near Ciudad crossed metal defenses erect- Juarez (right side of fence) and El Paso, Texas. The marks a new day. “It’s a planned 670-mile fence along the U.S.-Mexican border ed by the Germans on the huge improvement,” he said includes a mix of pedestrian and vehicle barriers. beaches of Normandy dur- recently, while showing a re- Supporters call the fence a vital first step in securing the ing World War II. porter the 14-foot-high fenc- U.S. border; opponents say it is a waste of money that The longest continuous ing near Naco and the ac- threatens wildlife and forces undocumented immigrants segment is 22.5 miles, ac- to take more dangerous desert routes into the U.S. companying new roads, lights cording to Barry Morrissey, and other improvements. “It makes a driveway. “It’s the perfect govern- a Bureau of Customs and Border Pro- huge difference in our ability to do ment project.” tection (CBP) spokesman. The United our job. It changes the game.” The 670 miles of barriers the gov- States had constructed 338 miles of A few miles away, Bill Odle, a re- ernment plans to have in place along fencing as of Aug. 13, 2008. 2 Home- tired Marine whose house sits only a the U.S.-Mexican border by the end land Security Secretary Michael Chertoff hundred yards or so from a stretch of of the year does more than separate has said 670 miles will be in place by fence erected last fall, views the fence two nations: It sharply divides U.S. the end of 2008 — stretching across quite differently. Odle has lived on the opinion about how we should ap- about one-third of the 1,950-mile-long border since 1997 and is familiar with proach illegal immigration and border U.S.-Mexican border. Roughly 370 the evidence and even the sight of il- security. That division becomes evi- miles of the fence will be designed to legal immigrants stealing across. He dent even in what the barricade is stop pedestrians and 300 miles of it regularly picks up the trash they leave called. The government and support- to stop vehicular traffic. 3 At least 28 behind and fixes livestock fences ers of the structure call it a “fence”; miles of the fence will consist of high- they’ve damaged. But it’s the border opponents disparagingly call it a “wall.” tech sensors and cameras that will cre- fence itself that raises his ire. A March 2008 Associated Press poll ate a “virtual fence” in parts of the “It’s ugly. It doesn’t work. It costs found Americans almost evenly split Arizona desert. However, Homeland too much,” Odle said, contemplat- over the Secure Border Initiative, with Security recently sent that project back ing the steel-mesh barrier from his 49 percent favoring the fence and 48 per- to the drawing board after the initial

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that advocates reducing both illegal Border Fence Affects Four States and legal immigration. The U.S.-Mexican border fence is slated to span 670 miles across Few think a fence alone will stem the tide of illegal immigrants across four states — Texas, New Mexico, Arizona and California — by the the Southern border, estimated by the end of 2008. More than half of the barricade will be designed to stop Pew Hispanic Center at about 850,000 pedestrians, and the rest will block vehicular traffic. Nearly half of people annually between 2000 to the fence will be located in Arizona. 2006. 7 But supporters believe prop- erly placed fencing, backed by more Length of Border Fence surveillance equipment and an ex- (in miles, by state) panded Border Patrol (projected to 200 reach 18,319 agents by the end of Total Mileage: 187 2008) can largely halt the flow of il- 150 370 300 legal human traffic. 8 149 The history of the economic, de- 130 100 mographic and cultural forces that fi- 101 nally led America to fence off more 78 50 than a third of its border with Mex- 12 13 ico is nearly as long and serpentine 0 0 as the fence itself. In fact, the fence California New Mexico Texas Arizona can be viewed as the physical man- ifestation of two powerful political cur- Anti-pedestrian fencing rents: heightened U.S. attention to na- tional security after the terrorist Anti-vehicle fencing Source: Bureau of Customs and Border Protection attacks of Sept. 11, 2001, and a rapidly integrating global economy that has effort proved neither high-tech nor par- of civic leaders from 19 Texas border left many Americans vulnerable to ticularly effective. 4 communities has sued to halt construc- competition from foreign workers, both But even as National Guard engi- tion, claiming the federal government here and abroad. neering units and private contractors has improperly seized land for the fence. The forerunner of the fence build- work to meet Chertoff’s ambitious com- The Defenders of Wildlife and the Sierra ing now under way began in a far pletion timetable, everything about the Club are trying to halt the fence because more limited fashion near San Diego fencing — from design to location to of concern over what it will to do in the 1990s. Congress adopted the the very notion itself — has proven wildlife and environmentally sensitive idea as a national approach to the bor- controversial. Some prefer a double layer habitat. der when it passed the Secure Fence of more formidable fencing along near- “This thing might not be very effec- Act of 2006, which called for double- ly the entire length of the border. 5 tive at stopping people, but it’s stop- layer fencing along specific sections Others object to the wall on humani- ping wildlife in its tracks,” says Matt of the border. The law was subse- tarian grounds, believing it only forces Clark, the Southwestern representative quently modified to give Chertoff wide illegal migrants to try crossing in more of Defenders of Wildlife. (See sidebar, discretion in where and when to in- dangerous or remote desert areas or p. 758, and “Current Situation,” p. 762.) stall fencing. along the Pacific and Gulf of Mexico While critics attack from all direc- Work is under way in all four states coasts. In both cases, they say, the tions, supporters concentrate their de- along the border — California, Arizona, death toll — which has been climbing fense of the fence along two fronts: its New Mexico and Texas. But two states for years — is likely to rise further. 6 important role in halting illegal immi- will get most of the barrier: Texas will “The fence doesn’t stop migration gration and bolstering border security at get 149 miles of pedestrian fencing by along the border, it simply displaces a time of increased threats from terror- the end of 2008, according to the CBP, migration,” says Nestor Rodriguez, co- ists and drug smugglers. while Arizona will end up with 317 director of the Center for Immigration “It sends a message we are finally miles (130 miles of pedestrian fencing Research at the University of Houston. getting serious about our borders,” says and 187 miles of vehicular barriers), The fence has attracted a widely dis- Rosemary Jenks, director of govern- covering 84 percent of the state’s 377- parate group of opponents. A coalition mental affairs for NumbersUSA, a group mile border with Mexico.

748 CQ Researcher CQ Press Custom Books - Page 56 The CBP estimates that pedestrian fencing costs about $4 million to $5 mil- Undocumented Population Rose lion per mile, depending on the terrain, The nation’s unauthorized migrant population increased by more while vehicle fencing costs $2 million to $3 million. But the Government Ac- than 3 million between 2000 and 2005 — a jump of nearly 33 per- countability Office (GAO) says the final cent, according to the 2005 Current Population Survey. The increas- costs will be higher. 9 Although the es were among immigrants from every region in the world except the long-term price tag is difficult to esti- Caribbean. Mexico led the way with more than 6.2 million immi- mate, the U.S. Army Corps of Engi- grants in 2005, more than all other regions combined. neers predicts the 25-year cost could range from $16.4 million to $70 mil- Number Unauthorized Migrant Population by lion per mile, depending on the (In thousands) Birth Region, 2000 and 2005 amount of damage done to the fence 8,000 by illegal border crossers and the ele- 7,000 10 ments. Thus the quarter-century cost 6,000 2000 Census to taxpayers for 670 miles of fence 5,000 could reach as high as $46.9 billion, 2005 Current Population Survey 4,000 or nearly seven times the size of the annual budget of the Environmental 3,000 Protection Agency. 2,000 Moreover, if Chertoff’s goal is to be 1,000 met, construction will have to average 0 Mexico Central Caribbean South Europe Middle South Other more than a mile a day for the rest America America and East and of this year. Many supporters and op- Canada Eastern Asia ponents are skeptical, but government officials are confident they’ll meet the Source: Jeffrey S. Passel, “The Size and Characteristics of the Unauthorized Migrant self-imposed deadline. Population in the U.S.,” Pew Hispanic Center, March 2006 “We are on track to complete this project by the end of the year,” says explosion, apprehensions plummeted as the fencing. But Deputy Commis- Jason Ahern, CBP deputy commis- from 294,740 people in 1994 to 19,035 sioner Ahern says the fence was al- sioner, “and then we’ll assess where in 2004. 11 (See graph, p. 752.) Appre- ways intended to work in conjunction we need to consider putting additional hensions are considered one of the best with other resources. “We have what miles of fence.” measures of the overall number of mi- we call the three legs of our stool: Meanwhile, as the fence rises, here grants trying to cross illegally, and sup- tactical infrastructure [the fence], tech- are some of the questions being asked: porters of the fence cite these statistics, nology and personnel,” he says. “It’s along with similar ones in the Border that combination that’s effective.” Can a border fence stem the flow Patrol’s Yuma, Ariz., sector. Agent Scioli believes the fence will of illegal immigrants? “A fence is a clearly proven tech- deter some migrants and smugglers, The border below San Diego was nology that, when deployed properly but he says it makes his job easier being overwhelmed by illegal immi- and used in conjunction with other even if illegal migrants make it over grants in the early 1990s when the U.S. enforcement strategies, clearly works,” the top, because catching border government began building pedestrian says Dan Stein, president of the Fed- crossers is an equation involving time fencing in the area. The initial fence did eration for American Immigration Re- and distance. Agents are trained in not have the impact supporters had form (FAIR), which supports even “cutting sign” — following the foot- hoped, but when it was backed up with stronger measures to stop illegal im- prints and other pieces of evidence a second and third layer of fencing, migrants. “The Yuma fence is triple migrants leave as they pass through along with surveillance equipment and fencing, and nobody gets over it. You the desert. If agents are late to the an increased Border Patrol presence, the can build a fence that’s essentially im- trail, their chances of success drop results were dramatic. penetrable.” dramatically. At the Border Patrol’s Imperial Beach Skeptics point out the increases in “Yes, I’ve heard what people say. and Chula Vista stations, which had personnel and equipment may have ‘Show me a 14-foot fence, and I’ll show been ground zero of the illegal migrant had as much to do with the success you someone with a 15-foot ladder,’ ”

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Does the Border Fence Deter Would-be Terrorists? Some believe terrorists are more likely to enter legally.

he Border Patrol annually rounds up a smattering of il- security,” he says. “And when you look at how many people legal entrants from nearly every country in the world, cross that border every week, and the evidence of Islamists they’ve T including Middle Eastern countries considered hotbeds found there, then I think you’ve got to consider it a threat.” of terrorist activity. Indeed, the Internet buzzes with reports of Cutler is concerned that Hezbollah and other terrorist groups Korans and prayer rugs found along the U.S.-Mexican border. may have a presence in the “tri-border region” in South America But so far, no one in the U.S. government has tied any ter- — the area where , and meet, which rorist act to anyone who crossed the border illegally. The 9/11 hi- includes an immigrant population from the Middle East. He jackers all entered the United States on temporary visas, arriving believes the region could provide a Latin American base for through regular ports of entry. Other foreign terrorists or would- Islamic terrorists who could use the Southwestern border to be terrorists apprehended in the United States have followed sim- enter the United States. However, the credibility of such a threat ilar routes into the country. is debated in security circles. Many immigration and security experts believe the South- Rey Koslowski, director of the Research Program on Bor- western border remains an unattractive option for terrorists plot- der Control and Homeland Security at the University at Albany, ting their path into the United States. “We have lots of data on in New York, says U.S. efforts to tighten security at ports of terrorist travel. They like to travel the way everybody else trav- entry — particularly a new system intended to make it more els. They like predictability. They like to know what they’re going difficult for those on the government’s terrorist “watch list” to to face,” says James Jay Carafano, a senior defense and coun- board airplanes bound for the United States — could make terterrorism analyst for the conservative Heritage Foundation. the Southwestern border more attractive to “established terrorists.” “That’s not to say a terrorist can’t try to use a smuggler to get If they did end up contemplating that route, then the border across the border, but they’re far more likely to use the legal fence might help deter them, Koslowski adds, since it would ports of entry.” make their capture — and identification — more likely. Carafano believes a border fence makes sense for immi- Still, he believes al Qaeda and other terrorist organizations gration control in limited areas but that the cost and effort nec- would probably choose a different strategy: sending individu- essary to build nearly 700 miles of fence is diverting resources als who don’t have a criminal record and thus would be less that could be better used to improve infrastructure and screen- likely to generate a “watch list” hit. “Such individuals would ing procedures at ports of entry. “Fixating myopically on the be in a better position to enter through ports of entry, at lower wall is just bad public policy,” he says. “Looking for terrorists levels of risk,” Koslowski says. by standing watch on the border is stupid. It’s looking for a But Ira Mehlman, a spokesman for the Federation for Amer- needle in a haystack.” ican Immigration Reform (FAIR), which favors less immigration But Michael Cutler, a former Immigration and Naturalization — legal or illegal — says the “general sense of chaos” along Service special agent and now a fellow at the Center for Immi- the U.S.-Mexican border created by the large number of illegal gration Studies, thinks the danger of terrorists sneaking across the migrants makes it an attractive target for terrorists. U.S.-Mexican border shouldn’t be discounted. “If you’re doing risk “The fact that it hasn’t happened yet doesn’t mean it isn’t going analysis, any place where somebody could reasonably expect to to happen,” he says. “The presumption ought to be that if we leave enter the United States is a place where you want to shore up any areas unguarded, our enemies will take advantage of them.”

Scioli says. “But even if they do get over cameras and motion sensors that have the fence went up. “I’ve seen women this fence, it takes time. Now, when I’m been in the desert for some time don’t and kids as well as guys climbing over on their trail, maybe it only takes min- seem particularly effective, he says, and it,” he says. “I could put up with the utes to catch them, rather than hours.” his stretch of the border is still only damn thing if it worked, but it doesn’t.” The Border Patrol’s comprehensive lightly patrolled. “The Border Patrol, Criticism of the fence grows even approach sounds impregnable. But to their presence has lessened consider- stronger when its effectiveness is mea- Odle, the ex-Marine who lives along ably since they built the wall,” he says. sured on a national scale. “It can slow the border, the reality is different. Al- Odle does credit the vehicle barriers down or deter migration in some areas most all of the new fencing around with stopping smugglers from driving that are very popular for border cross- Naco, as along most of the border, is across the desert the way they once did. ing, as it did in San Diego, but that a single layer that largely stands alone But the rest fails to impress him. If any- doesn’t mean it stops migration along — a one-legged stool he sees doing thing, he believes illegal migration may the whole border,” notes Rodriguez of little good. The remote-controlled have increased slightly in the area since the Center for Immigration Research.

750 CQ Researcher CQ Press Custom Books - Page 58 National statistics back this assertion. says. Besides, he continues, a contin- found that 91 percent of the villagers The Border Patrol made 1.2 million uous border would only create added interviewed in San Miguel Tlacotepec, apprehensions in 1992 along the entire pressure at the maritime borders, which a city in Southern Mexico, believed it Southern border and about the same is already happening. “We’ve had about is “very dangerous” to cross the border number in 2004, suggesting that in- two dozen boats washing up or in- without documents. And nearly a quar- creased enforcement in the San Diego terdicted in San Diego County since ter of the interviewees knew someone sector and other areas made little dif- last August. And those were only the who had died trying to get into the ference in the overall number of im- boats that were found.” United States. migrants trying to cross illegally. 12 Moreover, Canada does not require Yet such awareness didn’t make a The more recent squeeze in Yuma Mexicans to produce a visa when en- difference. 15 “Being aware of the also has been met with increased ac- tering Canada. 13 For a continuous physical risks, being aware of some- tivity elsewhere. Fence supporters Southern-border fence to work, says one who actually died in the cross- counter that’s because much of the Rey Koslowski, director of the Re- ing, knowing about the Border Pa- new fencing is still inadequate. They search Program on trol’s increased efforts to interdict note that before the people — none of Secure Fence Act of these things discouraged 2006 was revised them,” says Cornelius. last year, it required In fact, Cornelius says, double layers of the interviews revealed fencing along spec- that increased border ified parts of the enforcement has ended border. “They took up discouraging illegal out that language,” immigrants from return- says NumbersUSA’s ing home because of the Jenks, “which would danger now involved. have made a big “The undocumented difference.” population has tripled dur- Fencing and ing the period of con- stepped-up patrolling centrated border enforce- are effective, say ment,” he says. “We were fence supporters, at 3.9 million in 1995, and

when the govern- Getty Images/David McNew now we’re over 12 mil- ment is willing to A vehicle barrier lines the south side of Interstate 8 at the Imperial lion. To me, that’s the most commit sufficient re- Dunes, just north of the U.S.-Mexican border near Winterhaven, Calif. significant evidence that sources to the task. Some 300 miles of border fencing are designed to stop vehicles. this approach has failed.” “We don’t argue that the fence alone is the solution,” says and Homeland Security at the Uni- Would blocking all illegal immi- Jenks. “The fence is one part of the versity at Albany in New York, “The grants hurt or benefit the U.S. solution. But there are vast amounts of U.S. would have to build another fence economy? land . . . where fencing is feasible and on the much longer 5,525-mile U.S.- Both supporters and critics of the where it would do a tremendous amount Canadian border or persuade the Cana- border fence agree that as long as U.S. of good. We need more fence along dian government to end free travel businesses continue to hire illegal im- the border.” from Mexico.” migrants for higher salaries than they But stepped-up border enforcement But even that wouldn’t complete- can earn at home, workers will con- alone is bound to fail, says Wayne ly solve the problem, because 45 per- tinue to risk their lives to enter the Cornelius, director of the Center for cent of all illegal immigrants entered United States. Comparative Immigration Studies at the the United States legally but did not But a divide quickly reemerges in University of California, San Diego, leave in accordance with the terms discussions about the impact those im- which favors lower U.S. immigration of their visas, according to the Pew migrants have on the U.S. economy. levels. “A continuous barrier is im- Hispanic Center. 14 Some see illegal immigrants doing work possible because of the terrain; even The most recent study by the Cen- that U.S. citizens spurn, filling a host of the government recognizes that,” he ter for Comparative Immigration Studies hard, low-paying, but essential service

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Kathleen Staudt, a political science Arrests Shift After Border Improvements professor at the University of Texas, El Paso, says immigrants make a con- After the U.S.-Mexican border was strengthened in San Diego in the venient target during tough econom- early 1990s, arrests of illegal immigrants in the region — which ic times. But she believes overheat- includes Imperial Beach and Chula Vista — dropped dramatically. ed rhetoric has kept many Americans At the same time, however, apprehensions in Tucson skyrocketed to from seeing the role illegal immi- 491,000 in 2004. Because of the shift of illegal immigration to grants play in the economy. “If we Tucson, the overall number of illegal migrants — 630,000 — were forced to do without this labor, apprehended in the San Diego and Tucson border regions I think the economies of many bor- remained about the same in 2004 as in 1992. der towns would begin to die,” she says, “and the price of many main- Apprehensions of Illegal Immigrants in stream goods and services would go Tucson and San Diego up dramatically.” 800,000 However, Stein, at the Federation for American Immigration Reform, says 700,000 the laws of supply and demand would 600,000 bring clear rewards to U.S. workers. “If the people here illegally had to 500,000 leave, wages would rise, and employers 400,000 would suddenly have incentives to provide things like health care again,” 300,000 he says. “It would be a great windfall 200,000 for the rising tide of less-skilled work- ers in the country, who would have 100,000 a chance to reestablish their role in 0 the middle class.” 1992 1993 1994 2002 2003 2004 But would Americans really take jobs in meatpacking plants, janitorial services, yard care, food service, con- Source: Blas Nuñez-Neto and Yule Kim, Tucson struction and other trades now de- “Border Security: Barriers Along the U.S. Imperial Beach (San Diego) International Border,” Congressional pendent on illegal labor? Staudt doubts Chula Vista (San Diego) Research Service, May 2008 it. “I think the chamber of commerce Other San Diego in many cities would begin to lobby very hard for relaxed [immigration] and trade jobs that allow the rest of are strong enough to have trans- rules allowing more people in to fill us to live comfortably. That view was formed CNN anchor Lou Dobbs — these jobs,” she says. encapsulated in the 2004 movie “A who proudly waves the anti-illegals That has already happened in Ari- Day Without a Mexican,” a comedy flag — into a populist hero to mil- zona, which passed a law last year that shows the California economy lions of Americans. Dobbs ties the il- imposing stiff, new sanctions against grinding to a halt when the state’s im- legal immigrant surge to larger eco- employers who hire illegal immigrants. migrants mysteriously disappear. (The nomic forces, chiefly globalization, Since then, the hospitality and agri- film attracted almost no attention in and the “sellout” by U.S. policymak- culture industries have reported work- the United States but was a hit and ers to powerful business interests, er shortages. 16 Some business groups won several awards in Mexico.) which are all part of what he calls a have sued to overturn the law, and Others, however, believe illegal im- “war on the middle class.” Dobbs par- some of the original sponsors are even migrants are driving down U.S. wages, ticularly claims that the North Ameri- calling for reducing penalties on busi- draining state and federal treasuries by can Free Trade Agreement (NAFTA), nesses that violate the law. 17 collecting government payments to which lowered trade barriers between Opponents of illegal immigrants say which they’re not entitled and con- the United States, Mexico and Cana- businesses’ economic distress is just tributing to rising health-care and law- da, has sent U.S. jobs to Mexico and the result of the economic system ad- enforcement costs. These sentiments lowered American wages. justing to new realities. “It’s not a

752 CQ Researcher CQ Press Custom Books - Page 60 crime for employers to have to raise zens and because their children are Does the fence harm U.S relations wages to get people to do certain more likely to need special assistance with Mexico and other countries? jobs,” says Stein. in school. With average incomes sig- About a century ago, Mexican strong- But Gordon Hanson, an economist nificantly below the national average, man Porfirio Diaz surveyed his nation’s at the University of California, San most studies indicate illegal workers already long and troubled relationship Diego, who has studied the impact pay less in state and local taxes than with its neighbor to the north and ob- of immigrant labor on the workforce, they collect in services. 20 served, “Poor Mexico, so far from God says, “The United States has done a However, the impact appears lim- and so close to the United States.” pretty good job of educating itself out ited. The Congressional Budget Office Much has changed in both countries of low-end work. Only 8 percent of estimates that public spending for il- since Diaz’s dictatorial reign. Mexico’s pol- the U.S. labor force lacks a high-school legal immigrants generally accounts itics are far more vibrant, peaceful and education. You don’t graduate from for less than 5 percent of state and democratic. America no longer interferes high school to go to work in a poul- local spending on law enforcement, as bluntly as it once did in its neighbor’s try plant.” education and health care. 21 affairs, and NAFTA ties the two coun- America also has one of the high- The impact on the federal budget tries together economically with Canada. est incarceration rates in the devel- is less clear. A Center for Immigra- But in more than one sense, Diaz’s oped world, Hanson adds, further re- tion Studies report put the net cost melancholy observation feels as time- ducing the low-end labor supply. 18 to the federal government for ser- less as ever. “Mexico has never been If illegal immigrant labor is cut off, vices provided to illegal immigrants the actor that drives the relationship,” “you’re not going to fill all those jobs — such as Medicare, food stamps, says Tony Payan, an assistant profes- with native workers,” he says. “In in- subsidized school lunches, federal aid sor of international relations and for- dustries where work can be export- to public schools and increased costs eign policy at the University of Texas, ed, you’re going to lose jobs.” to the federal court and prison sys- El Paso. “It’s always been unilateral Wages will rise in the service in- tems — at about $10 billion annu- action by the United States, and then dustries where jobs can’t be exported ally. 22 But other analysts say illegal Mexico is left to react.” — such as maids, dishwashers, gar- immigrants pay more into the feder- Mexico made its unhappiness with deners, waiters and 7-11 clerks — but al treasury in taxes and Social Secu- the border fence clear from the begin- so will the costs to consumers, Han- rity taxes — since they usually have ning. In 2005, then-Mexican President son says. While illegal labor hurts low- fake Social Security cards — than Vicente Fox called the idea “shameful” skilled U.S. workers, it helps higher- they receive in benefits. A study by when it began gaining traction in Con- skilled workers by providing them Standard & Poor’s, a credit-rating and gress. “It’s not possible that in the 21st with cheaper goods and services, such research firm, noted the U.S. Social Se- century we’re building walls between as home and child care. “In families curity Administration places $6 bil- two nations that are neighbors, be- with two educated workers,” Hanson lion to $7 billion in a special account tween two nations that are brothers,” says, “it allows whoever would be the for unclaimed benefits annually — Fox said at an event for migrants in stay-at-home spouse to stay in the an amount analysts believe mostly his home state of Guanajuato. 24 workforce at lower cost.” comes from illegal immigrants who Mexican officials already were dis- The question of how much illegal pay Social Security taxes but cannot tressed by the rising death toll among immigration costs taxpayers also is hotly legally claim Social Security or illegal migrants, which began after U.S. disputed. The Federation for Ameri- Medicare benefits. 23 border enforcement activities were can Immigration Reform estimates that When all the economic pluses stepped up in the mid-1990s. By seal- in just three areas — schooling, med- and minuses are taken into account, ing off the areas of heaviest illegal ical care and incarceration — illegal Hanson says, “You get something crossing, the Border Patrol drove bor- immigrants cost local governments that’s close to a wash. There are dis- der crossers into more remote and dead- $36 billion a year. 19 Other estimates tributional shifts within the econo- ly terrain, particularly the Arizona desert. are lower, but most economists agree my — some employers and con- Illegal immigrant deaths along the illegal workers are a net cost to local sumers who will be hurt, some border have climbed steadily, accord- governments, especially in communities workers and state and local gov- ing to the U.S. Border Patrol and Mex- with large illegal populations. ernments that will benefit. But our ican consular offices, rising to 472 in The costs are incurred, in part, be- best sense is that the net economic 2005, compared to an average of about cause illegal workers are less likely to impact isn’t huge.” 200 in the early 1990s. 25 The totals have health insurance than U.S. citi- are widely believed to be undercounted,

Available online: www.cqresearcher.com Sept. 19, 2008 753 CQ Press Custom Books - Page 61 AMERICA’S BORDER FENCE however, because they reflect only and its Southern neighbor has been bodies recovered by the U.S. and Mexi- damaged, but they blame Mexican at- can border patrols. In the rugged ex- titudes. “U.S.-Mexico relations are BACKGROUND panses of the Southwestern desert, many headed for hard times because they in- are likely never found. 26 sist on respect, but what we want is Mexico has officially complained a mutuality of respect,” says FAIR’s Stein, Building Walls about the expansion of fencing. “We “and for some reason they seem to certainly recognize that they would think it’s a one-way street. They want prefer not to have a fence between a special policy for Mexican nationals.” ations have been building walls our two countries,” says Customs Americans often take their neigh- N or fences along their borders Deputy Commissioner Ahern. “But they bors — both to the north and south more or less since nations began. acknowledge that we need to secure — for granted, even though the Mex- Consider Hadrian’s Wall, built in the our country, that it’s our responsibility icans and Canadians are more impor- second century AD along Roman and our sovereign right.” tant to the U.S. economy than is gen- Britain’s frontier. The wall was made The two countries continue to co- erally realized. Canada and Mexico are of turf and stone instead of steel and operate along the border, with Mexican America’s top two trading partners as concrete, but its commonly accepted officials working with their U.S. coun- well as, respectively, the largest and purpose sounds familiar: to keep the terparts on the International Boundary third-largest suppliers of crude oil to poorer “barbarians” of ancient Scot- Waters Commission to ensure that fence the United States. land from invading the civilized and construction along the Rio Grande River Williams believes dismay over U.S. more prosperous empire. does not impede water flow or border policies extends to Canada, too. The Great Wall of China built over drainage. The two countries also con- “The policy elites in both Canada and several hundred years was a similar, tinue to work together to battle violent Mexico are increasingly exasperated even more expansive effort. Much like crime and drug smuggling along the with the United States, and therefore the U.S. border fence, it wasn’t one border. “We’ve had a great relationship a whole host of relationships are jeop- structure but a series of walls totaling with them there,” Ahern says. ardized by a feeling of ill will that char- about 4,000 miles along strategic stretch- His comments dovetail with public acterizes the current situation,” he says. es of the border, designed to keep out statements offered by President George At the end of the Louisiana summit, the Mongols and other nomadic tribes W. Bush and Mexican President Felipe Bush and Calderon, along with Canadi- from Central Asia. Calderon during the North American an Prime Minister Stephen Harper, issued More recently, the Berlin Wall ap- Leaders Summit in Louisiana last April. a joint communiqué pledging, among pears to have been built for the op- Both said the relationship between the other things, to coordinate long-term posite reason: to keep residents inside two countries remains strong and col- infrastructure plans along their borders communist East Berlin. However, as laborative, despite Mexican concerns and to “deepen cooperation on the former University of Arizona political over U.S. immigration policy. 27 development and application of tech- science Professor Williams points out, But some observers are skeptical. “I nology to make our borders both smarter East claimed the wall was think there’s almost total disillusionment and more secure.” 28 designed to protect East Berliners from right now among Mexico’s ruling elites,” Although the communiqué painted the “alien influences of capitalism.” says Ed Williams, a retired political sci- a picture of three partners marching American history is replete with its ence professor from the University of together into the future, Payan at the own examples of walls, notes Arizona. “They’ve recognized that this University of Texas believes the real Williams, who edited an upcoming spe- is the reality and that haranguing isn’t picture is different. “What you have is cial issue of the university’s Journal going to change anything, but there’s an elephant in the middle with two of the Southwest entitled, “Fences.” 29 enormous disappointment.” mice sleeping on either side. Canada The Jamestown settlers and the Pil- The disappointment is particularly pro- and Mexico are always going to have grims built palisades — fences of point- found, he adds, because Mexico initially to move in such a way that the ele- ed wooden stakes — around their believed Bush’s time as governor of Texas phant doesn’t squash them,” he says. small communities to keep out the Na- and his close relationship with Fox sig- “But the image is a little more com- tive Americans and wild animals. naled an era of closer ties between the plicated than it first seems because the Through the centuries, barriers two countries once he was elected. elephant is afraid of mice. And, right have been erected along borders “to Some fence proponents acknowledge now, the U.S. is viewing its neighbors protect ‘us’ from ‘them,’ ” Williams says. the bond between the United States as potential threats.” Continued on p. 756

754 CQ Researcher CQ Press Custom Books - Page 62 Chronology

1964 construct barriers along the border Pre-1950s The Congress ends Bracero Program. and authorizes a secondary layer U.S. restricts immigration based of fencing in San Diego. on race and national origin. 1965 Immigration and Nationality Act of • 1882 1965 abolishes immigration quotas Chinese Exclusion Act suspends based on national origin but gives immigration of Chinese laborers preference to relatives of U.S. citi- 2000-Present for 10 years — the first law in zens, permanent resident aliens, Congress sweeps aside legal U.S. history to restrict immigration scientists and workers with skills restrictions and directs the based on nationality. in short supply. administration to build fencing.

1921 • 2002 A rising tide of isolationism prompts Congress allows Immigration and the , which Naturalization Service (INS) funds to limits annual immigration from any 1970s-1990s be used to buy land for border one country to 3 percent of existing America offers amnesty to illegal fencing and to construct the fences. U.S. population from that country. It aliens and begins to consider a sharply reduces immigration from border fence. 2003 Eastern and Southern Europe. The INS is abolished, and its func- 1986 tions are transferred to the newly 1924 President Ronald Reagan signs created Department of Homeland Congress enacts the Johnson-Reed Immigration Reform and Control Security. Act, further tightening quotas for Act of 1986 giving amnesty, under Europeans and excluding immi- certain circumstances, to illegal 2005 grants from Asia altogether. . . . immigrants who have been in the Congress passes the REAL ID Act The Labor Appropriation Act estab- United States since 1982. authorizing the Homeland Security lishes the Border Patrol, with 450 of- secretary to waive all legal re- ficers responsible for guarding both 1990 quirements in order to expedite borders with Mexico and Canada. The Border Patrol begins erecting the construction of border barriers. a 14-mile fence to deter illegal 1942 entries and drug smuggling near 2006 Facing labor shortages during San Diego. Border Patrol apprehends 1.2 mil- World War II, the United States lion illegal migrants along U.S.- initiates the Bracero Program, 1993 Mexican border. . . . Secure Fence which imports Mexican workers A Sandia Laboratory study says a Act authorizes construction of a for farm labor and other jobs. three-tiered fence along parts of total of 850 miles of fencing along the border would discourage or the border. • delay border crossers and channel others into areas the Border Patrol 2007 could more easily control. Consolidated Appropriations Act 1950s-1960s gives the secretary of Homeland America begins to deal with 1994 Security greater freedom to decide large-scale illegal immigration. increases the how much fencing to build along number of Border Patrol agents near the Southern border and where 1954 San Diego. and when to build it. Facing growing illegal immigration from Mexico, the government initi- 1996 2008 ates “Operation Wetback.” Authorities Congress passes the Illegal Immi- Homeland Security Secretary sweep through Mexican-American gration Reform and Immigrant Re- Michael Chertoff reaffirms 670 barrios, and thousands of immigrants sponsibility Act, which gives the miles of fencing will be in place are returned to Mexico. government broad authority to by the end of the year.

Available online: www.cqresearcher.com Sept. 19, 2008 755 CQ Press Custom Books - Page 63 AMERICA’S BORDER FENCE

Border-town Life Becomes More Difficult Cross-border exchanges may be in jeopardy.

n clear afternoons, Tony Zavaleta sometimes stands The border between the United States and Mexico remains on the porch of his home outside Brownsville, Texas, the busiest in the world, with more than 220 million legal cross- O gazes across the Rio Grande and watches one of his ings a year. But casual interchange between the two nations, cousins working his farm on the other side of the river. the lifeblood of border culture, has been growing more diffi- “I’ve got all kinds of family across the river,” says Zavaleta, vice cult in recent years, particularly with the beefed-up border president for external affairs at the University of Texas, Brownsville. security since the Sept. 11 terrorist attacks. Now, many fear a “In fact, at 3 o’clock today I’m going to the bridge to pick up a further stifling of the relationship. cousin, and we’re going to Starbucks to have coffee.” “You wouldn’t think it would affect everyday, legal crossing,” The U.S.-Mexico border looks like a clearly drawn line on a says Zavaleta, “but it has already done that.” map, but up close the delineation is blurred. The two nations are Foster says the fence sends a signal: “You’re not welcome.” connected by history, economy and, most significantly, a border When combined with longer waits at the legal ports of entry population with extensive and often deep roots in both nations. due to tighter security and inadequate staffing, they say, the “We have family business, family dealings, intermarriages, fence creates the sense that crossing the border is best avoided social events on both sides of the border, and that is the case — a feeling that could have serious economic implications for for literally hundreds of thousands of people,” says Zavaleta, border communities. whose family traces its heritage on both sides of the river back Tom Fullerton, an economics professor at the University of to the 18th century. Texas, El Paso, has studied the financial relationships between These strong relationships have created what many describe cities located across from each other on the border. In El Paso, as a unique border culture — one they believe is threatened he attributes an average of $900 million annually in retail sales by the new border fence. “We’re one community, and we’ve to Mexicans crossing the border to shop in the United States. historically operated as one community,” says Chad Foster, Business also travels the other way. “I don’t know the mayor of Eagle Pass, Texas, about his city’s relationship with number of people I’ve met who routinely go to the dentist Piedras Negras, immediately across the border. “We have indi- in Nogales [Mexico] because it’s cheaper,” says folklorist viduals who live in Piedras Negras but pay tuition so their kids Maribel Alvarez, an assistant professor at the University of can go to school in Eagle Pass. We have people who live in Arizona’s Southwest Center. Eagle Pass and run plants in Piedras Negras. We’ve always gone Betty Perez, who operates a small ranch a couple of back and forth.” miles from the border near Roma, Texas, says many ranchers

Continued from p. 754 In his book about the Roman Empire, knowledge needs to impose an order “The same things are always said historian Derek Williams says after that is lacking.” about the people on the other side of Hadrian’s Wall was built, “Decades Some of the rhetoric from Wash- the fence — they’re barbarians or sav- passed without emergency.” The Berlin ington concerning the Southwestern ages or an alien force.” Wall fulfilled its function for more than border certainly fits Alvarez’s descrip- The question is whether they work. 40 years, he adds, and the Great Wall tion. Rep. Tom Tancredo, R-Colo., a After all, the Berlin Wall fell, the Ro- of China for much longer. 30 strong opponent of illegal immigration, mans eventually abandoned Hadrian’s “It would be very comfortable for summed up the view in an article for Wall, the Manchu finally conquered my liberal consciousness to say these Human Events magazine, titled “Mexi- China and even the massive fortifica- things don’t work,” says Williams. “But co’s Lawless Border Poses Huge Test tions of the French Maginot Line, built that’s not the case. They do work.” for Washington.” 31 between the world wars, were ren- But even if walls and fences work, But history may provide an un- dered ineffectual when the Germans says Maribel Alvarez, a folklorist at the expected lesson, says Mary Beard, a simply went around them — an ap- University of Arizona’s Southwest Cen- classics scholar at Cambridge Uni- proach critics of the U.S. border fence ter, the U.S. barriers still create a sim- versity in England. The Romans’ view say illegal migrants already are taking. plistic view of the border. “It’s a view of frontiers was more complex than But such unequivocal dismissal, pop- locked in an either/or perspective,” those who cite Hadrian’s Wall as a ular with critics of the U.S. fence, ig- she says. “The border is treated as an forerunner of the U.S. fence would nores the long periods during which untamed badlands. It assumes that in have it. The Romans did not see bor- certain fortifications proved effective. this badlands someone with higher ders as clear divisions, Beard wrote

756 CQ Researcher CQ Press Custom Books - Page 64 go across the border “to But Alvarez, who edits the buy a good bull or sell a center’s “Borderlore” blog, notes good bull or a horse. the breadth of the population There’s a lot of horse busi- whose lives have been lived on ness down there.” both sides of the border. “You Fullerton says it’s difficult have the ranchers. You have the to estimate the economic Native Americans. You have the

consequences of the border AFP/Getty Images/Omar Torres bohemians that come to the fence, but with trade liber- Patricia Escobar, left, of Los Angeles, visits through the fence desert to write and paint,” she alization, Mexicans now can with her daughter Rosa, who lives in Tijuana, Mexico. says. “You have a very ground- find almost anything they ed working class that crosses might buy in the United back and forth almost daily.” States at home. “It’s possible they’ll say, ‘We’ll just stay here Border towns even have shared fire departments and other and not worry about going into this country where we’re not civic institutions. “Laredo and Nuevo Laredo, prior to the 1980s, really welcome,’ ” he notes. was essentially like a spot on the Canadian border or between That would be just fine for many fence supporters, includ- two Scandinavian countries,” says Fullerton. “That’s how close- ing those living along the border. Ed Williams, a retired Uni- ly intertwined they were. They even shared a minor league versity of Arizona political science professor, points out the ex- baseball team.” istence of a border culture does not imply universal mutual But when people living on the border reminisce about ear- appreciation. “While many borderlands people have been sym- lier, less-security-conscious days, they most often cite the per- pathetic to their brethren across the line, others have always sonal exchanges that built a sense of a shared land. “I re- been suspicious,” he says. “There are people in the border member when my grandfather decided he wanted to give me communities who say, ‘Build that damn wall.’ ” a horse as a gift,” says Zavaleta. “He just had a ranch hand But opinion does not necessarily divide strictly along racial ride it across the river. I was 14, and I remember standing on lines. “You can find a lot of people with Spanish surnames the riverbank and watching that horse come across from my who will say, ‘Keep those Mexicans out,’ ” says Zavaleta. “And grandfather. You wouldn’t do that today.” a lot of Anglos feel that’s bad for business.” in The Times of London, but rather when it hired 450 agents. In some as “frontier zones” where the empire Bracero Program border towns, the two countries were gradually disappeared into foreign no more than a street apart. territory. 32 People from both countries moved Contacted by e-mail, Beard notes ntil the 1990s, most of Ameri- back and forth with little government that one connection between Hadrian’s U ca’s border with Mexico was attention until World War I created a Wall and “Bush’s wall” is that both are largely invisible. The Rio Grande pro- significant shortage of labor in the Unit- partly symbolic in intent. Critics of the vided a natural border in Texas. In ed States. Congress created a program U.S. fence have argued it is primarily the deserts of Arizona, New Mexi- allowing the temporary admission of a political gesture intended to appease co and inland California, an occa- nearly 77,000 Mexican “guest work- anti-immigration sentiment. Similarly, sional stone obelisk or a few strings ers.” The legislation began a pattern Hadrian’s Wall was clearly designed as of barbed wire were often all that of “recruitment in times of labor short- much to impress the Romans behind signified the transition from one na- age followed by massive restrictions it as those on the other side, notes tion to another. and deportations,” writes Katherine historian Williams. 33 Sparsely populated and little trav- Fennelly, a member of the League of But Beard’s description of the eled for most of its history, the Sono- Women Voters’ Immigration Study fluid nature of Roman borders, which ran Desert in Arizona and New Mex- Committee. 34 were largely unfortified, describes ico seemed to need little more than When joblessness rose during the the U.S.-Mexican border for much of that. The United States did not even Depression in the late 1920s, thou- its history. establish the Border Patrol until 1924, sands of Mexican immigrants were

Available online: www.cqresearcher.com Sept. 19, 2008 757 CQ Press Custom Books - Page 65 AMERICA’S BORDER FENCE

Critics Say Fence Disrupts Wildlife Border fence is ‘stopping wildlife in their tracks.’

he San Pedro River in Arizona — one of only two planned near Big Bend National Park and on the Lower Rio major rivers that flow north from Mexico into the Unit- Grande Valley National Wildlife Refuge. In California, the fed- T ed States — provides habitat to an astonishing variety eral government is even filling in a canyon, Smuggler’s Gulch, of birds and small mammals. It also serves as a watering hole with more than 2 million cubic yards of dirt so it can run a for deer, mountain lions, bobcats and possibly even jaguars as fence across it. they range across the arid Sonoran Desert in Mexico and the Environmental concerns differ by area, but in general the United States. fence divides the breeding and hunting territories of many The U.S. government recognized the importance of the San species, separating animals from food, water or potential mates, Pedro and the surrounding landscape when it created the San according to wildlife advocates. Sometimes the animals have Pedro Riparian National Conservation Area — a 57,000-acre already had their habitat reduced or disrupted by development, refuge for the animals and plants of the region’s fragile desert and their populations cannot afford to be split in two. riparian ecosystem, one of the few remaining in the American “With isolation comes a lack of genetic exchange — a lack Southwest. of genetic diversity, which makes these populations less fit to But today the area is also home to a section of the new bor- survive,” says Clark. der fence, slicing the desert landscape in half as it stretches east The impact of new border barriers could be particularly from the riverbank. Much of America’s new fencing is being built acute in the Lower Rio Grande Valley refuge, according to Scott on environmentally sensitive public lands, which critics fear could Nicol, a member of the Texas-based No Border Wall citizens’ have disastrous consequences, especially for wildlife. coalition. “You can call this a fence, but to animals it’s an impenetrable The 90,000-acre refuge consists of 115 separate plots along barrier,” says Matt Clark, Southwest representative for Defenders the Rio Grande River, designed so wildlife can use the river of Wildlife, an organization dedicated to the preservation of wild as a corridor to move from one plot to another. But they would animals and native plants. “It’s between 14 and 18 feet tall; it goes be blocked if the government builds new barriers along the on for miles; it’s not something they can jump over or circum- river levees as now planned, Nicol says. “You put a wall there vent. It might not be very effective at stopping people, but it’s that keeps animals from getting to the river,” he explains, “and stopping wildlife in their tracks.” the individual plots are not large enough to support them.” Border barriers are being built or are planned for portions Among the rare or endangered species threatened by the of Arizona’s Cabeza Prieta National Wildlife Refuge and the fence, says Clark, are jaguars, Sonoran pronghorn antelopes, Organ Pipe National Monument. In Texas, new fencing is ocelots, jaguarundi, flat-tailed horned lizards and the Cactus deported. But when World War II left American barrios looking for illegal im- — the “Tortilla Curtain” — along the the United States with another labor migrants. Thousands were deported. 36 border. The Border Patrol has expanded shortage, the country reversed course When the Bracero Program ended infrastructure along the border since, and created the Bracero Program — in 1965, legal entry became more with lighting and more agents on the Spanish for “laborer” — to bring in difficult for Mexican farmworkers. But ground, but the fence remains in Mexicans, mainly to work in agricul- work in U.S. fields and orchards re- place, says Tom Fullerton, an econo- ture and on the railroads. mained plentiful, so many Mexicans mist at the University of Texas, El Paso. The program brought in more than began to travel into the United States “You can’t go more than 30 feet with- 400,000 workers a year during its 22- seasonally without legal documents. out finding spots where either holes year history. 35 But illegal immigration have been cut or repaired,” he says. grew at the same time, particularly in Some see the Tortilla Curtain as the the late-1940s and ’50s as Mexicans ‘Tortilla Curtain’ Rises primitive forerunner of today’s fence. came north to take advantage of Amer- Before the U.S. government embraced ica’s postwar economic boom. In re- s illegal immigration grew, cer- the idea, however, policy would once action, Immigration and Naturaliza- A tain border cities became the fa- again veer in a different direction. Dur- tion Commissioner Gen. Joseph Swing vorites for border crossers. By 1978 ing the Reagan administration, “Con- initiated “Operation Wetback” in the problem had become bad enough gress allowed people who had been 1954, with federal and local author- in El Paso, Texas, that the government in the United States illegally for a num- ities sweeping through Mexican- erected 12.5 miles of chain-link fence ber of years to apply for citizenship,”

758 CQ Researcher CQ Press Custom Books - Page 66 Ferruginous Pygmy Owl. A The border fence is being bird may seem an unlikely built in several different styles. victim of a 14-foot fence, Some of the most recent, de- but wildlife advocates say scribed as “bollard” fencing, is the fence threatens the made of round, concrete-filled habitat for many birds. “You poles spaced six inches apart in have barriers that can catch a staggered pattern. In Arizona, debris and sediment, create bollard fencing is being con- artificial dams, shifting water structed in the washes, which

flows, impacting the vege- AFP/Getty Images/Elmer Martinez run with water in the rainy sea- tation,” Clark says. “All of The ability of the jaguar and other animals to range son. Border Patrol officials be- between Mexico’s Sonoran Desert and the Southwestern this does damage.” lieve bollard fences are more United States may be blocked by the border fence. Department of Homeland eco-friendly, because water can Security Secretary Michael flow around the poles and be- Chertoff has used authority granted by Congress to waive com- cause small animals and reptiles can pass between them. But pliance with environmental laws in several areas as he pro- environmentalists doubt this will be enough to prevent erosion ceeds with the fence, a move that upset local officials and led and habitat damage. to a lawsuit by Defenders of Wildlife and the Sierra Club. (See The fence’s advocates point out that illegal immigrants are “Current Situation,” p. 762.) already damaging fragile desert lands. “When hundreds of thou- Customs and Border Protection officials say they are still sands of people are hiking through pristine ecosystems, set- working to protect native plants and animals. “Even though ting fires, dumping trash and abandoning vehicles, building a the secretary used his waiver authority to keep moving this fence that can drastically reduce that destruction is a good process forward, we’re not disregarding environmental consid- thing,” says Rosemary Jenks, governmental affairs director for erations at all,” says Jason Ahern, Customs and Border Pro- NumbersUSA, which supports reducing both legal and illegal tection deputy commissioner. “We’re looking at what we need immigration. to do to mitigate risk to the environment. Our goal is to make But trails and trash can be cleaned up, Clark says. “The wall sure we leave the environment in better condition than we has significantly more impact,” he adds, “because of its magnitude found it.” and because it’s permanent.” says Staudt, of the University of Texas, gress seemed to judge the approach a El Paso. 37 success. A series of bills then expand- Facing the Fence But the Immigration Reform and ed the Border Patrol, increased money Control Act of 1986 — what some call for security measures and, after 9/11, the “amnesty bill” — did little to stem gave the new Homeland Security sec- n 2006, more than 90 percent of the flow of illegal immigrants, so anti- retary the authority to ignore laws that I the 1.2 million illegal migrants immigration sentiment continued to might slow fence construction. apprehended by the Border Patrol grow in Border States. The Clinton ad- Although President Bush pushed for were caught along the border with ministration reacted with operations a comprehensive immigration-reform Mexico — nearly 88 percent of them “Hold the Line” in El Paso in 1993 package that would have included Mexicans. But U.S. authorities also and “Gatekeeper” in San Diego the guest-worker and limited-amnesty pro- picked up nearly 150,000 people following year. Border Patrol agents grams, Congress remained focused on from 197 other countries. (See graph- and technology were concentrated in enforcement. The Secure Fence Act of ic, p. 749.) these areas, and fencing was either 2006 mandated double-layer security The largest number, after Mexicans, built or reinforced. 38 fencing along significant parts of the came from Central America. In 2006, Both operations dramatically reduced border. That requirement was later there were 46,329 illegal immigrants illegal immigration in the targeted lo- modified to give Secretary Chertoff more from El Salvador, 33,365 from Hon- cations, although illegal crossings did latitude, but the message was clear: Amer- duras and 25,135 from Guatemala. not fall significantly overall. But Con- ica was building a border fence. Many were twice illegal, having first

Available online: www.cqresearcher.com Sept. 19, 2008 759 CQ Press Custom Books - Page 67 AMERICA’S BORDER FENCE entered Mexico without papers and don’t think they counted on anybody then the United States. standing up to them,” says Eloisa Tamez, The arduous and dangerous effort CURRENT who lives on a three-acre plot along to enter the United States is a sign the Rio Grande that has been in her of border-crossers’ determination. In SITUATION family for nearly 250 years. “We’re not Enrique’s Journey, The Story of a big, powerful people here. We respect Boy’s Dangerous Odyssey to Reunite our government. But we’re not just with His Mother, journalist Sonia going to lay down and let the bull- Nazario traced the 1,600-mile cross- Local Blowback dozer roll over us.” Mexico migration made by thousands In January, a federal judge ordered of Central American children follow- 10 property owners along the border ing their mothers to the United States. merica’s new border fence may — including Tamez — to permit the Many were turned back repeatedly A represent a national commitment surveying, but only after denying the but refused to quit. Enrique, the boy by the Bush administration, but it’s government the right to take the land she followed, finally succeeded in also a matter of local politics. For without a hearing. 43 The govern- making it all the way into the United many who live on the border, the ment’s actions against individual States on his eighth attempt. 39 fence isn’t being built along some ab- landowners, however, are not the only Nazario’s book also illuminated a stract line, it’s going through their ones provoking indignation. little-noticed trend: An increasing community, or neighborhood or even In Eagle Pass, for example, the City number of women have been mak- backyard. Council met with Homeland Security ing the journey alone, followed by an In the Rio Grande Valley in Texas, in 2006 over the department’s plans increasing number of their children. in particular, local concerns are to leave a city park and golf course Nazario estimates about 48,000 chil- sparking a battle that pits communi- south of the proposed barrier. “They dren a year enter the United States il- ties in President Bush’s home state were going to cede our municipal golf legally. Mexican railroad workers re- against his administration. The Texas course and a city park to Mexico,” he port children as young as 7 trying to Border Coalition, made up of may- says. “We had a resolution to oppose cross their country alone traveling to ors, economists and business leaders it, and they said they would allow us the United States. 40 from 19 municipalities and 10 coun- to delete the fence. But they came With little or no knowledge of what ties in the valley, in May sued the back a year later and sued us. We they are facing, these illegal migrants Department of Homeland Security, al- can’t trust them.” seem unlikely to give up their jour- leging it is ignoring due process and Because the fence is being located ney because of the fence. The Center abusing private property rights in its on or outside of flood control levees, for Comparative Immigration Studies rush to put up the fence. in several Texas locations the prelim- found similar determination. Briseida, “We didn’t want to file this lawsuit, inary site is inside the U.S. border. In a 24-year-old woman from Oaxaca, re- but we felt we had no choice,” says the small town of Granjeno, for in- counted being caught six times in a coalition Chairman Chad Foster, the stance, about 35 landowners found single month before making it into the mayor of Eagle Pass, a border town they might end up on the wrong side United States. 41 of about 22,000. “We just want the of the border fence. 44 In Brownsville, Research also indicates that most government to follow the law.” the proposed fence will run through illegal immigrants had jobs in Mexi- The anti-fence blowback has been the University of Texas campus, leav- co but thought the United States of- triggered by tactics adopted by the ing some facilities south of the barri- fered greater opportunity. “Ninety- Department of Homeland Security to er. Campus officials say they are work- three percent of undocumented speed construction. When some prop- ing with Homeland Security to resolve Mexican immigrants left jobs in Mex- erty owners refused to give the Corps the situation. 45 ico,” says Robert Pastor, director of of Engineers permission to survey for Homeland Security said it places the Center for North American Stud- the fence on their land, the Corps a high priority on feedback from ies at American University in Wash- sent landowners letters threatening a local residents. Since May 2007, the ington. “They’re not coming to the lawsuit and raising the possibility of agency has held 100 meetings with United States for jobs. They’re com- seizing their property through emi- local officials and 600 with individ- ing because they can earn six to 10 nent domain. 42 ual property holders along the South- times more.” Landowners responded by chal- west border. 46 lenging the government in court. “I Continued on p. 762

760 CQ Researcher CQ Press Custom Books - Page 68 At Issue:

Is aYes border fence the answer to the illegal immigration problem?

REP. DUNCAN HUNTER, R-CALIF. REP. SILVESTRE REYES, D-TEXAS FORMER EL PASO SECTOR CHIEF, WRITTEN FOR CQ RESEARCHER, SEPTEMBER 2008 U.S. BORDER PATROL WRITTEN FOR CQ RESEARCHER, SEPTEMBER 2008

battle is being waged for control of the U.S.-Mexican border between the U.S. Border Patrol and criminals am acutely aware of the challenges of securing our bor- who utilize this largely unprotected land corridor to ders, having served for more than 26 years with the U.S. a Border Patrol. I have not only patrolled the U.S.-Mexican carry narcotics and other contraband into the United States. i Citizens on both sides of the border, whose safety is seriously border but also supervised thousands of hard-working, dedicated threatened by escalating violence, are caught in the middle. Border Patrol agents and initiated a successful deterrence strategy Last year drug-war violence claimed least 2,500 lives in called Operation Hold the Line. I also supported fencing certain Mexico, and numerous U.S. citizens reportedly have been strategic areas to augment enforcement. I strongly feel, however, kidnapped and murdered by Mexican criminals linked to the that erecting nearly 700 miles of fencing on our Southern border drug trade. The local sheriff in the Laredo, Texas, border is wasteful, irresponsible and unnecessary, and I voted against community compared conditions there to a “war zone” and the Secure Fence Act. said his officers appear “outgunned” by the drug cartels. Hundreds of miles of fencing will do little to curb the Border Patrol agents are also at risk, because they often flow of undocumented immigrants and could even increase are the first to encounter these criminals. Since 2001, assaults demand for human smuggling. It will only provide a false against agentsyes have nearly tripled, from 335 to 987 in 2007. sense of securityno for supporters of a hard line on immigration Four agents and three other border security officials were reform. With construction expected to exceed $1.2 billion and killed last year, and two agents have been killed so far in lifetime maintenance of up to $50 billion, the exorbitant cost 2008. of this border fence would be better invested in additional The land corridor between Tijuana, Mexico, and San Diego, Border Patrol agents, equipment and technology. Calif., has been overrun by smugglers and criminals. It wasn’t As the only member of Congress with a background in until my legislation mandating construction of the San Diego border control, I have worked to educate my colleagues that border fence that the armed gangs and drug cartels lost con- existing policies and the border fence will do little to honor trol of this smuggling route. Since then, conditions on both our legacy as a nation of immigrants and will threaten our sides of the border have improved. nation’s security. I have worked with the Department of Since construction of the border fence began in 1996, Homeland Security (DHS), hosted many leaders at annual San Diego County has become one of the most secure and border conferences and have emphasized that border commu- responsibly enforced border regions. Smuggling of people and nities must be consulted in fencing decisions. narcotics in this area has decreased by more than 90 percent, Unfortunately, DHS Secretary Michael Chertoff recently made and violent crime has declined by 53 percent. the troubling announcement that he intends to waive more Such a high level of effectiveness illustrates that fencing — than 30 federal environmental laws to expedite construction of supported with the right mix of personnel and technology — the fence. This approach continues DHS’s continued disregard is an excellent border enforcement tool. for border communities and undermines decades-old policies The Department of Homeland Security (DHS) is accelerating that have preserved many of our region’s most valuable envi- fence construction in several areas along the border, rightly ronmental assets, cultural sites and endangered wildlife. utilizing its broad waiver authority to expedite completion in After Secretary Chertoff’s decision, I joined 13 of my col- locations subject to unnecessary delays and litigation. DHS ex- leagues in submitting an amicus brief to the U.S. Supreme pects to meet its goal of 670 miles of new fence by the end Court, asking the justices to hear an appeal challenging the of this year, but overall a lot of work remains in creating an secretary’s waiver authority. enforceable border. Our nation needs comprehensive immigration reform with Moving forward, it would be wise to extend this infrastructure three main components: strengthened border security; an earned to other smuggling routes and heavily transited areas of the U.S.- path to legalization along with tough, strictly enforced sanctions Mexican border. Not only is it the quickest and easiest way to against employers who hire undocumented immigrants; and a guest worker program. Hundreds of miles of border fencing is controlNo the border, but it’s also proven to be the most effective. not the answer.

Available online: www.cqresearcher.com Sept. 19, 2008 761 CQ Press Custom Books - Page 69 AMERICA’S BORDER FENCE

Continued from p. 760 tracted litigation,” Chertoff said in the as better use of surveillance technolo- CBP Deputy Commissioner Ahern statement announcing the decision. 47 gy in environmentally sensitive areas. says siting the fence has been a The Sierra Club and Defenders of “One of the basic problems is the com- painstaking process. “We looked at en- Wildlife already had sued Homeland plete lack of transparency in the way forcement data,” he says. “We looked Security over an earlier, more limited the Department of Homeland Security at geography. We looked at landscape. waiver allowing fence construction to has carried out this entire process,” says We looked at alternatives. This was a continue in the San Pedro Riparian Kahn. “They’ve completely ignored not thoughtful and detailed analysis by National Conservation Area in Arizona, just communities and other public part- both local and national Border Patrol home to many rare and endangered ners but even other federal agencies leadership.” species of plants and animals. The en- in their deliberations.” But some Texans believe politics vironmental groups feared that the fence Cindy Alvarez, who oversaw an en- plays a role. The Texas Border Coali- would block migratory patterns and vironmental assessment of the fence tion lawsuit asserts that Homeland Se- access to water and habitat for sever- in the San Pedro conservation area, curity is violating the Fifth Amendment’s al endangered animals and that con- defends the agencies building the fence. Equal Protection provision by “giving struction could harm certain rare plants. “Once the waiver came into play, it certain politically well-connected prop- (See sidebar, p. 758.) took it out of our hands,” says Al- erty owners a pass on having the bor- A federal judge ruled against their varez, assistant field manager of the der fence built on their property,” ac- claim, which challenged the constitu- U.S. Bureau of Land Management’s cording to the coalition’s Web site. tionality of the secretary’s waiver au- Tucson office. “But that said, the Bor- Specifically, the coalition refers to thority. The fence is now up in the der Patrol and the Corps of Engineers media reports the fence is being built conservation area. After Chertoff ex- are continuing to try to be good land through city and county-owned land panded his use of waivers to cover stewards while meeting the nature of while bypassing land owned by Dal- construction of the entire fence, the their missions. They are continuing to las billionaire Ray Hunt, a close friend environmental groups asked the work with us.” of President Bush who recently do- Supreme Court to hear their case; in Homeland Security’s critics are skep- nated $35 million to help build the July the court refused to take the case. tical. “The only reason you waive the George W. Bush Memorial Library at Before the court’s decision, how- laws is because you’re planning on Southern Methodist University. ever, the lawsuit had been joined by breaking them,” says Scott Nicol, a The coalition’s allegations brought a 14 Democratic House members, including member of the No Border Wall Coali- sharp response from Ahern. “I reject the Mississippi Rep. Bennie Thompson, chair- tion, a citizens’ group in Texas. idea out of hand,” he says. “Our analy- man of the Homeland Security Com- The Tohono O’odham Indian Na- sis of where to locate the fence was mittee, and several lawmakers from tion, which straddles the border, has based on the operational and tactical border districts. Their friend-of-the-court also been concerned about Chertoff’s requirements in a given area, not on briefs argued that Congress overstepped use of waivers. The tribe has so far who owned the land or whether they its constitutional bounds when it al- agreed to allow vehicle barriers, but were influential individuals.” lowed the secretary to ignore laws. not pedestrian fencing, on tribal lands On the other side, Rep. Peter King, but is weighing its options concern- R-N.Y., ranking minority member of ing the waivers, says Pete Delgado, a Legal Challenges the House Homeland Security Com- tribal spokesman. With more fencing mittee, backed Chertoff’s use of waivers. planned for environmentally and cul- ven as construction continues, “He’s acting entirely within the law, turally sensitive areas in both Texas E however, Chertoff faces another and any attempts to impede the and California, further legal challenges challenge that has the active support fence’s progress through frivolous lit- to Chertoff’s authority and the fence’s of several members of Congress. Last igation will only serve to lessen the route seem almost inevitable. spring Chertoff used the broad au- security of our country,” King said. 48 thority granted him by Congress to Noah Kahn, an expert on federal waive more than 30 environmental-, lands at Defenders of Wildlife, says historical- and cultural-protection laws Chertoff’s decision to bypass laws in- Straddling the Fence and regulations to enable fence con- tended to provide a thorough review struction to proceed. of environmental and cultural impacts othing illustrates the complicated “Criminal activity at the border does makes it impossible to determine N political fault lines that run not stop for endless debate or pro- whether there were other options, such through the border fence debate better

762 CQ Researcher CQ Press Custom Books - Page 70 than the way the presidential nomi- gration reform package, which in- changing patterns of immigration nees have straddled the issue. cluded a path for many illegal immi- more easily.” By voting for the Secure Fence Act grants in the United States to gain cit- Customs and Border Protection of 2006, both GOP candidate Sen. izenship. The sensitive nature of the Deputy Commissioner Ahern says the John McCain, R-Ariz., and Democratic issue in Republican circles was clear agency will continue using sensors, contender Sen. Barack Obama, D-Ill., at a town meeting in Texas, when remote-controlled cameras, unmanned voted to authorize the dramatic expan- McCain was asked how he would bal- surveillance planes and other high- sion of border fencing now under way. ance individual property rights with tech hardware. But he believes there A year later, presumably busy cam- border security. will always be a need for fencing. paigning, they missed the key votes on “This meeting is adjourned,” McCain “No matter how good our technol- the Consolidated Appropriations Act, joked, before saying he would look ogy is, in some of these areas of the which gave the Homeland Security sec- into the issue. 50 Earlier, he said he border [illegal crossings are] going to retary more latitude on when and where hoped federal and local officials could be too easy,” he says. “So, especially in to locate the fencing. work together to resolve their differ- urban environments, we’re always going Since then, McCain and Obama ences over the fence. to need that tactical infrastructure, some have sent conflicting messages about Neither candidate’s campaign press kind of physical barrier.” what they think now that the fence is office responded to requests for further But illegal immigration is about more actually being built. Obama’s campaign information clarifying their candidate’s than the border. It also reflects eco- Web site calls for preserving “the in- position. nomic and political conditions in two tegrity of our borders” and says the countries, and that’s where some ex- candidate supports “additional person- perts believe the most significant nel, infrastructure and technology on changes will be seen, Payan suggests. the border and at our ports of entry.” OUTLOOK Rodriguez, at the University of Hous- But when a question about the bor- ton’s Center for Immigration Research, der fence came up during a primary notes that the rapidly growing U.S. campaign debate with Sen. Hillary Rod- Latino population is likely to make ham Clinton, D-N.Y., in Texas, Obama Demographic Solution anti-immigrant political posturing less struck a skeptical note about the fence acceptable in the future. 51 now being built. After Clinton criticized hat goes up can always come At the same, he says, a little no- the Bush administration’s approach and W down — even if it is 670 miles ticed demographic trend within Mex- called for more personnel and better long and built by the U.S. government ico could also shift the equation. The technology instead of a physical barri- of double-layered steel. And many crit- Mexican birthrate has been falling for er, Obama agreed. “There may be areas ics of the border fence say that’s just decades and, Rodriguez says, is ex- where it makes sense to have some what will happen. pected to decline to the replacement fencing,” Obama said. “But for the most “The United States eventually will rate by 2050. 52 Then, the country will part, having [the] border patrolled, have to tear down the wall they built no longer have the surplus labor it surveillance, deploying effective tech- because the forces of globalization now exports to the United States. “If nology, that’s going to be the better drawing us together are much stronger you think there are too many Mexi- approach.” 49 than the forces trying to tear us apart,” cans,” he says, “the problem eventu- McCain’s campaign Web site calls for says Payan, at the University of Texas, ally is that there’s not going to be “securing the border through physical El Paso. enough Mexicans to do the dirty work.” and virtual barriers.” But the word “fence” Others, particularly those concerned Other analysts believe further eco- can’t be found on McCain’s Border with the fence’s impact on the envi- nomic integration between the two na- Security Web page. In interviews, how- ronment, place their faith in technol- tions will regularize the labor flow. “I ever, McCain has said he supports ogy. “Ultimately, we’re going to be a can’t help but think that in the future building a border fence in areas where lot less dependent on physical infra- there will be a time when the North it’s necessary, while he believes tech- structure,” says Bob Barnes, a senior American continent will resemble the nology can more effectively do the job policy adviser at the Nature Conser- ,” says Staudt, at the in others. vancy. “Particularly in open country, University of Texas. Anti-immigrant groups have criti- virtual fencing — sensors, cameras Meanwhile, what happens to the cized McCain for supporting President and other surveillance technology — border fence? Back in Eagle Pass, Texas, Bush’s failed comprehensive immi- is a lot more mobile and can react to Mayor Foster had the most cynical

Available online: www.cqresearcher.com Sept. 19, 2008 763 CQ Press Custom Books - Page 71 AMERICA’S BORDER FENCE view. Given the estimates of up to border crossers and the total illegal popula- thorized Immigration from Mexico: The Fail- $47 billion to maintain it over the next tion vary widely. But an analysis of Census ure of Prevention through Deterrence and 25 years, he believes it will simply be Bureau data by the Pew Hispanic Center in the Need for Comprehensive Reform,” Cen- abandoned. “I think it gets turned into March 2006 seems to provide the best, im- ter for Comprehensive Immigration Studies, barbecue grills on both sides of the partial estimate of annual illegal migration. June 10, 2008, pp. 2-3. The report, “The Size and Characteristics of 16 Becky Pallack and Mariana Alvarado Avalos, border,” Foster says. the Unauthorized Migrant Population in the “Employer-sanctions law starting to have the United States,” also estimated the total illegal intended effect,” Arizona Daily Star, Dec. 23, immigrant population in the United States at 2007. Notes 11.5 million to 12 million. 17 Howard Fischer, “Some who voted for 8 “Homeland Security — DHS Has Taken Ac- sanctions seek rollback,” Arizona Daily Star, tions to Strengthen Border Security Programs Jan. 18, 2008, p. A1. 1 The Associated Press poll, conducted by and Operations, but Challenges Remain,” tes- 18 For background, see Peter Katel, “Prison Ipsos Public Affairs, of 1,103 adults on March timony before the Subcommittee on Home- Reform,” CQ Researcher, April 6, 2007, pp. 3-5, 2008. The poll had a margin of error of land Security, House Committee on Appro- 289-312, and Charles S. Clark, “Prison Over- +/- 3.1 percent. priations, Government Accountability Office, crowding,” CQ Researcher, Feb. 4, 1994, pp. 2 From the Department of Homeland Security pp. 16, March 6, 2008. 97-120. Web site, border fence update page, 9 “Secure Border Initiative, The Importance 19 “The Cost to Local Taxpayers for Illegal www.dhs.gov/xprevprot/programs/border-fence- of Applying Lessons Learned to Future Pro- or ‘Guest’ Workers,” Federation for American southwest.shtm. jects,” Government Accountability Office, tes- Immigration Reform, 2006, www.fairus.org. 3 Testimony of Department of Homeland Se- timony before House Homeland Security 20 Melissa Merrell, “The Impact of Unautho- curity Secretary Michael Chertoff before the Subcommittees on Management, Investiga- rized Immigrants on the Budgets of State and House Subcommittee on Homeland Security tions and Oversight and Border, Maritime and Local Governments,” Congressional Budget Appropriations, April 10, 2008. The text is Global Counterterrorism, Feb. 27, 2008, p. 2. Office, December 2007, p. 3. available at www.dhs.gov/xnews/testimony/ 10 Blas Nuñez-Neto and Yule Kim, “Border 21 Ibid., p. 3. testimony_1207933887848.shtm. Security: Barriers along the U.S. International 22 Steven Camarota, “The High Cost of Cheap 4 See Arthur H. Rotstein, “US scraps $20 mil- Border, Congressional Research Service, May 13, Labor, Illegal Immigration and the Federal lion prototype of virtual fence,” The Associ- 2008, p. 33. Budget,” Center for Immigration Studies, Au- ated Press, April 23, 2008, www.cbsnews.com/ 11 Ibid., pp. 14-15. gust 2004, p. 1. stories/2008/04/23/tech/main4037342.shtml? 12 Ibid., p. 2. 23 Robert McNatt and Frank Benassi, Standard source=related_story. Also see Brady McCombs, 13 Ray Koslowski, “Immigration Reforms and & Poor’s Ratings Direct, as cited in Business “ ‘Virtual fence’ work is halted,” Arizona Border Security Technologies,” Social Science Week, “Econ 101 on Illegal Immigrants,” April Daily Star, Aug. 19, 2008, www.azstarnet.com/ Research Council, July 31, 2006. For back- 2006, www.businessweek.com/investor/con- metro/253456. ground, see Mary H. Cooper, “Rethinking tent/apr2006/pi20060407_072803.htm. 5 See the Border Fence Project Web site, NAFTA,” CQ Researcher, June 7, 1996, pp. 481- 24 “US border fence plan ‘shameful’ ” BBC www.borderfenceproject.com/index.shtml, one 504, and David Masci, “U.S.-Mexico Relations,” News (online), Dec. 19, 2995, http://news.bbc. of several citizens’ groups that propose fenc- CQ Researcher, Nov. 9, 2001, pp. 921-944. co.uk/2/hi/americas/4541606.stm. ing the entire border. 14 “Modes of Entry for the Unauthorized Mi- 25 Nuñez-Neto and Kim, op. cit., p. 40. 6 See the Humane Borders Web site, grant Population,” Pew Hispanic Center, Fact 26 Wayne Cornelius, “Death at the Border: www.humaneborders.org/, one of several or- Sheet, May 22, 2006, http://pewhispanic.org/ The Efficacy and ‘Unintended’ Consequences ganizations that object to the fence. files/factsheets/19.pdf. of U.S. Immigration Control Policy 1993-2000,” 7 Estimates of the annual number of illegal 15 Wayne Cornelius, et al., “Controlling Unau- Center for Comparative Immigration Studies, Working Paper 27, December 2001. 27 “President Bush Meets with President Calderon About the Author of Mexico,” White House press release, April 21, 2008, www.whitehouse.gov/news/releas- Reed Karaim, a freelance writer living in Tucson, Arizona, es/2008/04/20080421-6.html. has written for The Washington Post, U.S. News and World 28 “Joint Statement by President Bush, Pres- Report, Smithsonian, American Scholar, USA Weekend and ident Calderon, Prime Minister Harper,” White other publications. He is the author of the novel, If Men House press release, April 22, 2008, Were Angels, which was selected for the Barnes and Noble www.whitehouse.gov/news/releases/2008/04/ Discover Great New Writers series. He is also the winner 20080422-4.html. 29 Journal of the Southwest, Vol. 50, No. 3, of the Robin Goldstein Award for Outstanding Regional Re- University of Arizona, autumn 2008. porting and other journalism awards. Karaim is a graduate 30 Derek Williams, The Reach of Rome, A of North Dakota State University in Fargo, North Dakota. History of the Roman Imperial Frontier, 1st- 5th Centuries AD (1996), p. 111.

764 CQ Researcher CQ Press Custom Books - Page 72 31 Tom Tancredo, “Mexico’s Lawless Border Poses Huge Test for Washington,” Human Events, Feb. 6, 2006. FOR MORE INFORMATION 32 Mary Beard, “Don’t Blame Hadrian for Bush’s Border Region Modeling Project, http://academics.utep.edu/Default.aspx?tabid=2883. Wall,” Times Literary Supplement, April 30, 2007, A research program in the Economics Department at the University of Texas, El Paso, http://timesonline.typepad.com/dons_life/2007/04 that analyzes the economies of four urban areas that have communities that straddle /dont_blame_hadr.html. both sides of the border. 33 Williams, op. cit., p. 108. 34 Katherine Fennelly, “U.S. Immigration, A The Center for Comparative Immigration Studies, www.ccis-ucsd.org. An academic Historical Perspective,” The National Voter, institute at the University of California, San Diego, devoted to the comparative analysis February 2007, p. 5. of the causes and effects of immigration and refugee flows throughout the world. 35 Bruno, “Immigration: Policy Con- siderations Related to Guest Worker Programs,” Center for Immigration Studies, 1522 K St., N.W., Suite 820, Washington, DC 20005- Congressional Research Service, June 27, 2007, 1202; (202) 466-8185; www.cis.org. A think tank that publishes research on immigra- p. 1. tion issues; strives for “fewer immigrants but a warmer welcome for those admitted.” 36 PBS Interactive Border Timeline, www.pbs. org/kpbs/theborder/history/timeline/20.html. Defenders of Wildlife, 1130 17th St., N.W., Washington, DC 20036; (202) 682-9400; 37 For background, see Hank Donnelly, “Im- www.defenders.org. National nonprofit organization dedicated to the protection of all native animals and plants in their natural communities. migration,” Editorial Research Reports, June 13, 1986, available at CQ Researcher Plus Archive. Federation for American Immigration Reform, 25 Massachusetts Ave., N.W., Also see Kenneth Jost, “Cracking Down on Im- Suite 330, Washington, DC 20001; (202) 328-7004; www.fairus.org. Nonprofit citizens migration,” CQ Researcher, Feb. 3, 1995, pp. group that supports improved border security to stop illegal immigration and reduce 97-120; and Alan Greenblatt, “Immigration De- legal immigration to about 300,000 people a year. bate,” CQ Researcher, Feb. 1, 2008, pp. 97-120. 38 “Border Patrol History,” U.S. Customs and Humane Borders, 740 E. Speedway Blvd., Tucson, AZ 85719; (520) 628-7753; Border Protection, www.cbp.gov/xp/cgov/bor- www.humaneborders.org. A faith-based citizens group that operates more than der_security/border_patrol/border_patrol_ohs/ 80 emergency water stations along the border as part of an effort to offer hu- history.xml. manitarian assistance to those in distress in the desert. 39 Sonia Nazario, Enrique’s Journey, The Story of a Boy’s Dangerous Odyssey to Reunite With National Immigration Law Center, 3435 Wilshire Blvd., Suite 2850, Los Angeles, his Mother (2006). CA 90010; (213) 639-3900; www.nilc.org. Protects and promotes the rights of low- 40 Ibid., pp. 5-6. income immigrants and their families; analyzes immigration policies. 41 Cornelius, et al., op. cit., June 10, 2008, p. 2. 42 Ralph Blumenthal, “In Texas, Weighing Life NumbersUSA, 1601 N. Kent St., Suite 1100, Arlington, VA 22209; (703) 816-8820; with a Border Fence,” The New York Times, www..com. A nonprofit, activist organization that supports reducing Jan. 13, 2008. For background, see Kenneth immigration, both legal and illegal. Jost, “Property Rights,” CQ Researcher, March 4, 2005, pp. 197-220. Pew Hispanic Center, 1615 L St., N.W., Suite 700, Washington, DC 20036-5610; (202) 419-3600; http://pewhispanic.org. A nonpartisan research organization supported 43 “Opponents of Border Fence Lose Round by the Pew Charitable Trusts, dedicated to improving understanding of the U.S. His- in Court,” The Associated Press, The New panic population; a leading repository of statistics and studies on illegal immigration. York Times, Jan. 29, 2008. 44 Alicia Caldwell, The Associated Press, “Bor- The Southwest Center, http://web.arizona.edu/~swctr/. A research center at the der Fence Could Cut through Backyards,” University of Arizona that sponsors projects designed to enhance understanding USA Today, Nov. 11, 2007. of U.S.-Mexican trans-border culture and history. 45 See “Updated Border Fence Information,” University of Texas, Brownsville, www.utb.edu. Texas Border Coalition, www.texasbordercoalition.org. A coalition of mayors and 46 “DHS Exercises Waiver Authority to Expedite other civic leaders from communities along the U.S.-Mexican border; advocates for Advancement in Border Security,” Department individuals and communities unhappy with the Department of Homeland Security’s of Homeland Security press release, April 1, 2008. plans for the border fence. 47 Ibid. 48 “Key House Democrats Join Suit Against Use of Waivers for Border Fence,” Congres- 50 Michelle Roberts, “McCain sidesteps border 52 For past and projected Mexican birthrates sional Quarterly Today, April 16, 2008. fence, property rights question,” The Dallas by decade, see Statistical Yearbook for Latin 49 A transcript of the Feb. 21, 2008, debate Morning News, Feb. 27, 2008. America and the Caribbean, 2007, United in Austin, Texas, is available on the CNN 51 For background, see David Masci, “Latinos’ Nations Economic Commission for Latin Web site, www.cnn.com/2008/POLITICS/02/ Future,” CQ Researcher, Oct. 17, 2003, pp. America and the Caribbean. 21/debate.transcript/index.html. 869-892.

Available online: www.cqresearcher.com Sept. 19, 2008 765 CQ Press Custom Books - Page 73 Bibliography Selected Sources

Books Pallack, Becky, and Mariana Alvarado Avalos, “Employer- sanctions law starting to have the intended effect,” Arizona Martinez, Ruben, Crossing Over, A Mexican Family on Daily Star, Dec. 23, 2007, www.eller.arizona.edu/docs/ the Migrant Trail, Picador, 2001. press/2007/12/ArizonaDailyStar_Employer-sanctions_law_ A writing teacher and award-winning journalist follows im- starting_to_have_intended_effect_Dec23_2007.pdf. migrants as they cross illegally into the United States. An Arizona law that includes stiff sanctions for employers hir- ing illegal immigrants leaves some employers short of workers. Nazario, Sonia, Enrique’s Journey: the Story of a Boy’s Dangerous Odyssey to Reunite with his Mother, Random Wood, Daniel B., “Where U.S.-Mexico Border Fence is Tall, House, 2006. Border Crossings Fall,” The Christian Science Monitor, A Los Angeles Times reporter won a Pulitzer prize for the ar- April 1, 2008, p. 1, www.csmonitor.com/2008/0401/p01s05- ticles that formed the basis for this book about a Honduran usgn.html. boy’s illegal journey to the United States. Beefing up border fencing in San Diego and Yuma has re- duced illegal crossings. Williams, Derek, The Reach of Rome, A History of the Roman Imperial Frontier 1st-5th Centuries AD, St. Martin’s Reports and Studies Press, 1996. An English writer spent 15 years researching and writing Cornelius, Wayne, et al., “Controlling Unauthorized Im- his study of Roman frontiers. Chapter 5 provides an ex- migration From Mexico: The Failure of ‘Prevention through haustive look at Hadrian’s Wall. Deterrence’ and the Need for Comprehensive Reform,” Center for Comparative Immigration Studies, June 10, Articles 2008, www.immigrationpolicy.org/images/File/misc/CCIS- briefing061008.pdf. Archibold, Randal C., and Julia Preston, “Despite Growing The study examines motivations and concerns of immi- Opposition, Homeland Security Stands by its Fence,” The grants as they cross the border, drawn from 3,000 interviews New York Times, May 21, 2008, p. A18, www.nytimes.com/ with villagers in Mexico. 2008/05/21/washington/21fence.html. An update on the progress of the border fence looks at Koslowski, Rey, “Immigration Reforms and Border Se- the unhappiness in the Texas Rio Grande Valley over the curity Technologies,” Social Science Research Council, way Homeland Security is routing the fence. July 31, 2006, http://borderbattles.ssrc.org/Koslowski/. An associate professor of political science and public policy Fennelly, Katherine, “U.S. Immigration, a Historical Per- at the Rockefeller College of Public Affairs in New York re- spective,” The National Voter, February 2007, p. 4, www.lwv. views the effectiveness of new technology along the U.S.- org/AM/Template.cfm?Section=Immigration1&TEMPLATE=/ Mexican border. CM/ContentDisplay.cfm&CONTENTID=8708. This history of U.S. immigration laws and their consequences Nuñez-Neto, Blas, and Yule Kim, “Border Security: Bar- was published in a League of Women Voters periodical. riers Along the U.S. International Border,” Congressional Research Service, May 13, 2008, www.fas.org/sgp/crs/ Garreau, Joel, “The Walls Tumbled by Time,” The Washing- homesec/RL33659.pdf. ton Post, Oct. 27, 2006, p. C1, www.washingtonpost.com/wp- Congressional researchers examine the history of barriers dyn/content/article/2006/10/26/AR2006102601826.html. built by the United States along the Southwestern border, in- The reporter describes historic fences and walls and their cluding legislative action, construction, costs and effectiveness. fate, published the day after President George W. Bush signed the into law. Stana, Richard, et al., “Homeland Security: DHS Has Taken Actions to Strengthen Border Security Programs and Op- McNatt, Robert, and Frank Benassi, “Econ 101 on Illegal erations, but Challenges Remain,” U.S. Government Ac- Immigrants,” a special report from S&P rating services, countability Office, March 6, 2008, www.gao.gov/new. Business Week, April 7, 2006, www.businessweek.com/in- items/d08542t.pdf. vestor/content/apr2006/pi20060407_072803.htm. The report assesses security along the U.S. border, including Standard & Poor’s analyzes how illegal immigrants affect at ports of entry and between legal entry points. government revenues and expenditures.

766 CQ Researcher CQ Press Custom Books - Page 74 CHAPTER

CENSUS CONTROVERSY 4 BY THOMAS J. BILLITTERI

Excerpted from Thomas J. Billitteri, CQ Researcher (May 14, 2010), pp. 433-456.

CQ Press Custom Books - Page 75 CQ Press Custom Books - Page 76 Census Controversy BY THOMAS J. BILLITTERI

decade (not adjusting for in- flation or other changes).” 4 THE ISSUES Yet the census has faced irst, the good news: myriad logistical and ideo- When the Pew Re- logical challenges. F search Center asked Last year a government Americans in March for their report said “uncertainties” sur- views about the 2010 U.S. rounded the Census Bu- census, most respondents reau’s readiness for the 2010 said they were ready to par- census. 5 One problem con- ticipate in the once-every- cerned a planned technical decade portrait of the na- innovation: the use of spe- tional population. 1 cial hand-held computers to Now the not-so-good verify addresses and conduct news: The positive public re- follow-up interviews with non- sponse masked an angry de- responding households. The bate over this year’s census, devices didn’t work as hoped, including concerns about its however, and are being used accuracy. “This is probably only for address verification, the most polarized, political forcing the bureau to do census I’ve seen,” says Jacque- pencil-and-paper follow-up line Byers, director of research interviews. And congression- and outreach at the Nation- al squabbling over the Obama al Association of Counties and administration’s appointment a veteran of four censuses. of a new secretary at the As the census moved into

Getty Images/Mario Tama Commerce Department, full swing this spring, the de- Census workers kick off the 2010 census at a rally in which oversees the Census cennial ritual became a lens New York City’s Times Square on Jan. 4. Censuses have Bureau, and confirmation of through which partisans on been controversial since the first one in 1790, and this a new bureau director dis- year’s is no exception. Partisans on the right and left both the right and left filtered raised questions about a range of issues, including rupted planning. their views on a range of pol- accuracy, invasion of privacy, counting of Still, census officials are op- icy issues. Ultraconservative same-sex couples and U.S. immigration policy. timistic about the 2010 count Republicans, for example, crit- and in late April were citing icized the census as an un- an encouraging sign: 72 per- constitutional intrusion on privacy. congressional, state and local legisla- cent of census forms had been returned Evangelical Latino pastors urged un- tive districts, and, according to a new by households that received them, match- documented immigrants to boycott the study, allocate $447 billion in federal ing the rate in the 2000 census. 6 count to protest congressional inaction assistance to states and localities. 3 “Response rates in surveys have de- on immigration reform. Liberals hailed The 2010 census is the most ex- clined each year throughout the West- a new census policy allowing same- pensive ever at an estimated cost of ern world,” bureau director Robert M. sex couples to be counted as married; $14.5 billion, but its impact on gov- Groves wrote in his blog. “I fully ex- some conservatives called it political ernment outlays will be vast. “The out- pected the census to achieve lower par- pandering. 2 Even the census form’s sized influence of census statistics on ticipation rates this decade than it did question on racial background has federal funding indicates the enormous in 2000. It basically didn’t happen.” Even sparked debate. (See “At Issue,” p. 449.) return on taxpayer investment in fed- so, he added, “there is much hard work In fact, every census — going back eral statistics,” Brooking Institution fel- ahead to follow up on the approxi- to the first one in 1790 — has been low Andrew Reamer wrote. “One way mately 48 million households that did controversial. That’s no surprise, given to think about this is that the $14 bil- not mail back a form,” or didn’t receive the political power and money at lion life-cycle cost of the 2010 census one, “and risks remain.” 7 stake: Census counts are used to ap- will enable the fair allocation of near- The bureau made several significant portion congressional seats, redraw ly $5 trillion in funds over the coming changes this year, in part to encourage

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Most Americans Support 2010 Census Census Bureau is using a separate questionnaire, the American Commu- Most people think the census will benefit their communities and are nity Survey (ACS), which is sent to willing to fill out their forms. Nearly 90 percent of Americans about 250,000 households each month, providing researchers with a steady flow consider the census important. of “rolling” socioeconomic data through- How important is the census for the U.S.? out the decade rather than a once-per- decade snapshot. Somewhat or For demographers, statisticians and very important: 89% scholars, the change is huge — and Not too or not 7% at all important: not without some anxiety. In the short Don’t know: 4% term, researchers say the switch will force them to learn how to use the 0% 20 40 60 80 100 rolling data and reconcile it with de- cennial statistics gathered by the old How will filling out census forms affect your community? long form. Some worry the new ACS Benefit community: 62% survey sample size may curtail the amount of useful data. But ultimately, Harm community: 3% many say, the change will be benefi- Neither benefit nor harm: 29% cial. The switch will be “extremely Don’t know/other: 6% positive, even transforming,” because 0% 10 20 30 40 50 60 70 80 it will provide more timely data, as- serts Kenneth Prewitt, Census Bureau People who “definitely will” participate in the census. . . . director in the Clinton administration Total: 70% and now a professor of public affairs People ages 18-29: 45% at Columbia University. 30-49 70% Against the backdrop of operational 50-64 85% challenges and technical change, the 65+ 81% 2010 census has sparked bitter parti- 73% White, non-Hispanic: sanship, raising concern that some Black, non-Hispanic: 67% Hispanic: 65% Americans might not participate in the 0% 20 40 60 80 100 count even though federal law makes it mandatory to do so. Source: “With Growing Awareness of Census, Most Ready to Fill Out Forms,” Pew Non-cooperation costs the taxpayers Research Center for the People & the Press, March 2010 heavily. The government saves $85 mil- lion for each percentage-point increase a stronger response. For example, after offering, among other things, an inter- in the mail-back response rate for this employing a paid advertising campaign active map that tracks community par- year’s census, Groves noted. When house- for the first time in the 2000 census, ticipation rates. 8 Certain areas of the holds don’t complete a form in a timely the bureau increased its advertising and country are receiving questionnaires in way, the bureau must send out paid promotion efforts for the 2010 count to both English and Spanish. 9 “enumerators” — some 635,000 tempo- a total of $340 million — inviting criti- But perhaps the most far-reaching rary workers this year — to knock on cism from budget hawks. As of May, a change has to do with the question- doors and collect the information first- census official said the bureau spent naire itself. In another effort to en- hand. On average, it costs 42 cents $171 million for TV, radio, digital, print courage response, the bureau elimi- when people mail back their form, but and outdoor advertising in 28 languages nated the traditional detailed “long form” $57 for a census taker’s visit. 10 — including television ads before and survey on demographic, housing and Heightening public wariness of the during the Super Bowl. The bureau also economic factors sent to about a sixth census has been a tide of conserva- sponsored a NASCAR race car and a of households since 1960. Instead, a tive rhetoric raising the specter of un- 13-vehicle nationwide promotional brief 10-question form is being sent to warranted government intrusion. U.S. road tour. The bureau also has used every household. To replace the data Rep. Michele Bachman, R-Minn., vowed the Internet to boost response rates, collected by the old long form, the not to provide any information except

436 CQ Researcher CQ Press Custom Books - Page 78 the number of people in her house- hold, claiming last year that census ques- Hispanics’ Support for Census Varies tions had become “very intricate, very Four-fifths of foreign-born Hispanics in the United States think the personal.” 11 Rep. Ron Paul, R-Texas, the only House member to oppose a census is good for their communities, compared with less than resolution urging census participation, 60 percent of native-born Hispanics. opined that the census “was never in- tended to serve as a vehicle for gather- What Hispanics Say About the Census’ Impact on ing personal information on citizens.” 12 Their Community 80% And Republican blogger Erick Erickson, 70 80% founder of the conservative website 60 70% RedState.com, said he would pull out 50 57% a shotgun to scare away a census 40 worker who showed up at his house. 30 33% 20 “We are becoming enslaved by the 23% 4% 13 10 2% 17% N/A government,” he declared. 0 But Rep. Patrick McHenry, R-N.C., All Hispanics Native-born Foreign-born warned against such anti-census rhetoric. Boycotting the census “of- Good Doesn’t make much difference Bad fends me as an American patriot,” he said, warning of potential negative con- Source: “Latinos and the 2010 Census: The Foreign Born Are More Positive,” Pew sequences for the GOP. Writing on Hispanic Center, April 1, 2010 RedState.com, he said he worried about “blatant misinformation coming from try now with mistrust of government, The 2000 census did a better job, otherwise well-meaning conservatives” and we happen to be the face of the with the undercount rate for blacks who “are helping big-government lib- government right now.” 15 falling to 1.8 percent and for Hispan- erals by discouraging fellow conserv- As this year’s census controversy ics to 0.7 percent. 18 But for the first atives from filling out their census heats up, here are some of the ques- time in history, the census had a net forms.” Not responding to the census tions being asked: overcount. It double-counted nearly would “reduce conservatives’ power in 5.8 million people, helping create a elections, allow Democrats to draw Will the census be accurate? net overcount of 1.3 million. 19 Over- more favorable congressional bound- A key goal of this year’s census mar- counts can happen when, for instance, aries and help put more tax-hiking keting blitz has been to persuade as a college student is tallied at a dorm politicians in office,” he wrote. 14 many people as possible to participate. and counted again by parents back Of course, Americans of every po- But getting an accurate count isn’t easy. home. This year’s form warns house- litical persuasion sometimes balk at Undercounting is a recurring challenge holds not to count college students, filling out census forms. Steven Jost, for the Census Bureau, especially among soldiers or others who are living sep- associate director of communica- minorities, low-income households, arately but may come home later. tions for the Census Bureau, said the renters and immigrants. 16 The politi- Many census experts are optimistic challenges in conducting the census cal implications of that are high, be- about this year’s count. “I think it will “go across the whole demography cause people in those categories tend be very accurate,” says Brown Universi- of our country.” to vote Democratic. Double-counting ty demographer John Logan, who di- In researching public attitudes to- people can be a problem, too. rects a program on the 2010 census for ward the census, he found that “about The 1990 census produced a net the Russell Sage Foundation, a New York 19 percent of the people we inter- undercount — the difference between research center. “They’ve done a very viewed . . . are just cynical about gov- incorrect omissions and incorrect in- professional job and are rolling with the ernment. And when we looked at the clusions — of about 4 million peo- punches,” he says of the Census Bureau. makeup of that cynical fifth, it was ple, or 1.6 percent of the population, Still, the bureau faces several chal- identical to the makeup of the pop- but the rate was far higher for blacks lenges in arriving at a reliable count. ulation as a whole — age, race, gen- (4.6 percent), Hispanics (5.0 percent) One is the nation’s growing immigrant der, education, income levels. We’re and children (3.2 percent). The rate population — legal and illegal — both in a tough environment in our coun- for whites was 0.7 percent. 17 of which the census tallies.

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To be sure, many immigrants are ing there aren’t any further problems The fragile national economy also highly supportive of the census — in terms of an anti-immigrant senti- can upset population counts in sev- foreign-born immigrants all the more ment or the Department of Homeland eral ways. With unemployment in the so. The Pew Hispanic Center found in Security doesn’t have any major high- 10 percent range, some people have a March poll that 85 percent of His- profile raids” during the census count. left home in search of work and are panics said they had already sent in “Those types of things can affect hard to pin down. Others may be their census form or definitely would whether people want to cooperate or homeless or living in temporary group do so. The return rate for foreign-born not.” And as the Census Bureau sends quarters. Hispanics was 91 percent and for workers to neighborhoods to contact What’s more, many states and lo- native-born Hispanics 78 percent. non-responding households, Falcón calities have been short on funds for What’s more, 69 per- census outreach. In Cal- cent of foreign-born ifornia, which is facing Hispanics correctly a $20 billion budget said the census can’t shortfall, money for cen- be used to determine sus outreach was slashed legal status, com- to $2 million, compared pared with 57 per- with nearly $25 million cent of native-born in 2000. The state could Hispanics. 20 lose nearly $3,000 a Even so, experts year in federal assistance are concerned that for each resident not many immigrants counted. “We need to may be wary of par- make a push to make ticipating. “There’s a sure we at least stay huge fear factor,” even,” said Louis Stew- says Prewitt, the for- art, deputy director of mer Census Bureau California’s census out- AP Photo/Chris Pizzello director. Contribut- Actress Rosario Dawson announces in Los Angeles on March 10 a reach. “There is a lot ing to that fear, he multimedia plan by the Mexican American Legal Defense and riding on this count.” 23 says, are such ac- Educational Fund (MALDEF) and Voto Latino to encourage Charities and com- tions as Arizona’s young California Latinos to fill out their census forms. At right is munity-based groups Nancy Agosto, national census director for MALDEF. passage last month have taken up some of of a strict new law the slack left by deplet- aimed at identifying and deporting il- says, “it will be a test to see if the ed state budgets. The philanthropic com- legal immigrants. 21 bureau did a good job in hiring peo- munity poured some $15 million into “You can say over and over that the ple from those same neighborhoods” census-promotion efforts, much of it census is confidential, but in parts of so residents will be willing to let the directed to difficult-to-count areas and the country that message is very hard census workers into their homes. community groups serving them, ac- to communicate,” says Prewitt. He ex- Another roadblock to census accu- cording to Terri Ann Lowenthal, a cen- pects it to be “much, much harder to racy is the difficulty of locating peo- sus consultant and former staff direc- count the undocumented” this year “be- ple in certain locales. For example, in tor of the House census oversight cause of a serious change in the envi- hurricane-ravaged New Orleans, “de- subcommittee. She said the collabo- ronment” surrounding immigration. termining how many people live [there] ration has helped push response rates Angelo Falcón, president of the Na- will not be an easy task, given the above the national average in some tional Institute for Latino Policy, a New thousands who are still homeless or hard-to-count areas. 24 York City-based think tank, says he is living with relatives as they await per- Deep-seated mistrust of govern- sure “there will be an undercount of manent housing,” The New York Times ment also can influence how people Latinos” — due both to the fear fac- noted. The newspaper added that the respond to the census. A new Pew tor and the difficulty of counting some Census Bureau was “allowing some Research Center survey found that demographic groups. “People are try- unconventional counting practices,” only 22 percent of respondents said ing to get the word out locally” about such as distributing forms to people they could trust the government in the census, Falcón says. “We’re hop- who are not at verified addresses. 22 Washington almost always or most of

438 CQ Researcher CQ Press Custom Books - Page 80 the time, the lowest by far since at Midwest Returned “Everyone is protected by the law, so least the Kennedy administration. 25 everyone should be counted in deter- Asked why he thought Republican Most Census Forms mining how many seats a state gets to opposition existed toward this year’s write those laws,” wrote Robert J. census, Reamer, the Brookings Insti- The 10 areas with the best Shapiro, a former Commerce Department tution fellow, said “some people are records for returning 2010 official who oversaw the 2000 census. using the census as a symbol of big, census forms are in the Midwest; “And whether or not someone has cit- intrusive government, seeking to stoke Livonia, Mich., held the record, izenship or residency papers, they still fear and paranoia about government at 87 percent. Nationwide, 72 put claims on public services, which the in general and the Democrats in par- percent of American households funding for those services should reflect.” ticular.” In addition, he said, “straight- returned forms before the May 1 Shapiro said the implications of using up political reality is that Republicans deadline. the census to identify undocumented benefit from an undercount of non- immigrants are “enormous.” California whites, who tend to vote Democratic. Top 10 areas to return “may have as many as 4 or 5 million Democrats are the beneficiaries of a census forms undocumented inhabitants,” he wrote. low undercount.” 26 “Exclude them and the state could lose 1. Livonia, Mich. 87% perhaps a half-dozen seats in Congress Should the census include un- 2. Green Township, Ohio 86% and tens of billions of dollars in fed- documented immigrants? 3. Maple Grove, Minn. 86% eral funds. Texas and other states with Last fall, Republican Sens. Bob 4. Appleton, Wis. 85% large Hispanic populations would lose Bennett of Utah and David Vitter of 5. Carmel, Ind. 85% seats and funding as well.” 29 Louisiana proposed an amendment 6. Clay Township, Ind. 85% The controversy over citizenship goes requiring that the census include a 7. Eau Claire, Wis. 85% beyond the census and flows into the question on citizenship, a move country’s fractious debate over immi- 8. Frankfort Township, Ill. 85% aimed at removing undocumented gration reform. The Rev. Miguel Rivera, immigrants from the count. The Sen- 9. Lakeville, Minn. 85% leader of the National Coalition of Lati- ate rejected their amendment, but Ben- 10. Macomb Township, Mich. 85% no Clergy and Christian Leaders, which nett vowed to keep pushing for it in represents 20,000 churches in 34 states, future censuses “so we can fairly de- Top five states to return has urged undocumented immigrants to termine congressional representation census forms boycott the census to protest Congress’ and ensure that legal residents are 1. Wisconsin 81% failure to overhaul immigration laws. equally represented.” 27 * 2. Minnesota 80% As explained by National Public But many say such a move runs 3. Indiana 78% Radio last year, Rivera realized mem- counter to the historical roots of the 4. Iowa 78% bers of Congress have a big stake in census. The 1790 Census Act said the the census because their seats and fed- 5. Michigan 77% decennial census “should count every- eral funding for their districts depend one living in the country where they Source: “Take 10 Map: 2010 Census on the count. “So if they don’t want usually reside,” bureau director Groves Participation Rates,” U.S. Census lacking of funding for their constituents, told a press briefing last fall. “That ap- Bureau, April 27, 2010 [and] maybe losing seats at the con- plied to every census since 1790.” 28 gressional level, then what they have Groves said he had “no idea how people whether they’re citizens would to do is roll [up] their sleeves and people would react” to a census ques- lead many immigrants not to partici- move forward with comprehensive im- tion asking if a person is in the coun- pate for fear of harassment or depor- migration reform,” Rivera said. 30 try legally or not, saying it was “really tation. “I just want to know how you But other Hispanic leaders who back hard” to say. But experts say asking get somebody to respond to say they’re immigration reform see it differently. citizens or not,” says Byers of the Na- “It’s sad. It’s unfortunate. Ultimately, it * Bennett, a three-term, 76-year-old Senate vet- tional Association of Counties. means more political power for the eran, was denied his party’s nomination for a Beyond that practical consideration, people who don’t like immigrants,” fourth term on May 8 by the Utah GOP con- many argue that given the census’ key said the Rev. Luis Cortes, president of vention, making him one of the first con- uses — to apportion congressional Esperanza, a faith-based network that gressional victims of the growing power of seats and allocate federal money — a claims more than 12,000 Hispanic con- the conservative Tea Party movement. count of all inhabitants is crucial. gregations and other organizations. 31

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ican society. By counting them you ba- States Receive Most Census-Based Federal Funds sically include them in the process.” But Mark Krikorian, executive di- State governments received most of the federal funds distributed on rector of the Center for Immigration the basis of census data (top). Four major program areas — health, Studies, a conservative think tank in housing, transportation and education — received more than Washington, is “ambivalent” on whether 90 percent of census-based funds (bottom). undocumented immigrants should be counted. He would “much rather en- Geographic Distribution of Federal Funds force the immigration laws so it is a Based on Census Data, FY 2008 less salient issue in the first place,” he Geographic Level Programs Expenditures % of Total* says. A “second-best” approach would (in $ billions) be to count everybody and use that State 116 $386.0 86.4% number for dispensing federal funds, but use only a count of U.S. citizens Local area 75 $78.4 17.6% for determining House and state leg- County 49 $50.3 11.3% islative seats. Metropolitan Statistical Area 45 $49.4 11.1% But that would require asking about School district 7 $10.3 2.3% citizenship status — a step that many Census tract 7 $76.2 0.0% say would make the census count un- reliable. Census-Guided Programs by Budget Function, FY 2008 Budget Function Programs Expenditures % of Total Should the census long form be (in $ billions) replaced by the American Com- Health 24 $272.2 60.9% munity Survey? Section 8 Housing Subsidies 31 $55.3 12.4% For decades, while most Americans Transportation 11 $48.3 10.8% filled out a regular census form, about one in six households received a more Education, Training, Employment 54 $40.0 9.0% in-depth “long-form” questionnaire that and Social Services asked about everything from education Community and Regional 34 $10.5 2.4% levels and commuting patterns to home- Development heating fuel and family income. The Commerce and Housing Credit 13 $9.8 2.2% data served many purposes. Govern- Energy 4 $2.3 0.5% ment officials used it, for example, to Other 44 $8.0 1.8% plan new roads, measure poverty and allocate federal funds. Demographers * Totals add to more than 100 percent because one program can use data for more used it to spot social trends. Businesses than one geographic level. used it to decide where to build every- Source: “Counting for Dollars: The Role of the Decennial Census in the Distribution thing from stores to power plants. of Federal Funds,” Brookings Institution, March 9, 2010 The Census Bureau is still asking In this year’s Pew Hispanic Center poll, Whether they’re here legally or not, such questions, but starting this year it 70 percent of Hispanics said the census legally at a certain point becomes ir- is using the ongoing American Com- is good for the Hispanic community. What’s relevant. Even for reapportionment you munity Survey (ACS) to do so in place more, foreign-born Hispanics were more can make the argument that these are of the old decennial census long form. positive and knowledgeable about this people who require the political sys- Each month the ACS is mailed to about year’s census than were native-born His- tem to be responsive to them. They 250,000 households — 3 million a year panics, Pew found. 32 do contribute, and they are part of — and, as with the census, recipients “We should be counting everybody,” the body politic. Maybe they can’t are legally bound to fill it out. says Falcón of the National Institute vote, but they might be able to con- The ACS has both pluses and mi- for Latino Policy. “That’s what the Con- tribute money or participate in cam- nuses compared to the old long form, stitution said. . . . It’s a question of paigns. . . . I’m part of that group that demographers, researchers and census people who live here, who use the would like to get a lot of these peo- scholars say. On the plus side, the flow services here, who contribute here. ple legalized and become part of Amer- of data will be continual and far time-

440 CQ Researcher CQ Press Custom Books - Page 82 lier than information gleaned from the about 3 million households, roughly ACS’s “very small” sample, Pisarski once-a-decade long form. the same number as in prior years, says, “it’s enough to give you good “With the [ACS], it’s no longer nec- the magazine said. “That used to amount national stuff, but nowhere near as essary to rely on a single snapshot of to about 2.5 percent of all the house- close as blocks. That means that a lot an area that becomes increasingly dated holds in the United States,” it said, but of the stuff [won’t] be useful.” throughout the decade,” the Census with population growth the same sur- The ACS is “a very big change,” one Bureau says. “Instead, the survey pro- vey reaches just over 2 percent of with “a short-term cost,” says Logan, vides a moving picture of community households. Some experts say the the Brown University demographer. characteristics — a more efficient use sampling of small geographic areas or Noting its smaller sample size, he says, of taxpayer dollars.” 33 population groups, such as teen moth- “When we get Census 2010 data, we’re Five-year data will be published on ers or people older than 85, “is becoming not going to know as much, with as areas with fewer than 20,000 residents. too small to be statistically reliable,” noted much accuracy and detail, about the Three- and five-year data will be avail- the Weekly. 34 population in neighborhoods of big able on areas with populations between Cynthia Taeuber, a retired Census cities or about small towns or small- 20,000 and 65,000. And annual data, Bureau statistician who runs a con- er counties, even areas of 40,000 or plus three- and five-year data, will be sulting firm on census issues, said “this 50,000 people. We’re going to be de- published on areas with 65,000 or is a very big loss to businesses and pendent on the ACS, which is not a more people. to state, local and federal governments. substitute for that one-time, very de- The Census Bureau began develop- It means that federal programs are dis- tailed and pretty accurate picture.” ing the ACS in the early 2000s and rolled tributing funds — say, for poverty with- Still, Logan says, researchers will get it out in 2005. Three-year data are out in cities or population within rural areas used to the ACS. “It will be a very big now, and later this year the bureau will — on shaky data.” 35 contribution to see trends as they are produce its first set of five-year ACS data, Reamer, the Brookings Institution appearing. It’s something we could not covering 2005 through 2009. scholar, says while the ACS data will do” with the 10-year snapshot pro- On the downside, say census ex- be more timely, “the tradeoff is that it’s vided by the long form. perts, the ACS samples fewer house- not an estimate of a point in time like Indeed, many say the switch to the holds than the old long form did, the traditional long-form data.” That can ACS will be a plus in the long run. though the Obama administration is matter in periods when the economy Census scholar Margo J. Anderson, a seeking additional funding to increase is in flux, such as the one the nation professor of history and urban studies the sample size. What’s more, data on has been experiencing, Reamer says. at the University of Wisconsin-Milwaukee, small communities won’t be available “Late in 2010, we’ll get 2005-2009 data” points out that the long form had been as quickly as for larger cities and re- for areas under 20,000 population, spurring “increasing questions about gions. And while multiyear data are “which was the end of a boom peri- privacy and its onerous length,” drag- often more useful than a 10-year snap- od and the beginning and middle of ging down response rates. shot, they can blur sharp economic ups recession. We’re going to get some- Because the ACS will provide a steady and downs, presenting an unreliable what of a muddled picture of economic flow of timely data on local population picture of prevailing conditions. conditions” at the neighborhood level. characteristics, Anderson says it “will be “There are lots of rationales for what For transportation planners, among very nice for local-government planning, the Census Bureau is doing,” says Byers the heaviest users of census data, the allocation of federal money and so forth.” of the National Association of Counties. switch to the ACS is especially chal- On the downside, she notes, it’ll be a Areas with 65,000 or more residents make lenging. Alan Pisarski, author of a se- different kind of data. “Users are going up 82 percent of the U.S. population, she ries of reports on commuting patterns to have to get used to it. But in the notes. But “they don’t do as frequent an published by the National Academy of long term it’s an improvement.” update of the smaller counties. And we’re Sciences, warned that the number of Joseph Salvo, New York City’s chief a nation of smaller counties.” households surveyed in any given year demographer, says the advantages of CQ Weekly noted in December that will be too small to provide the kind the switch outweigh the disadvan- the ACS “has been surveying a smaller of granular data needed to plan bus tages, which include educating data and smaller portion of the population routes, traffic intersections and other users to learn to work with multiyear every year because its budget has re- needs. The old long form “gave you averages rather than data based on a mained essentially flat.” In fiscal 2009, not only county-level detail but census fixed point in time. about $200 million was spent on the tract detail — it even gave you block- But overall, the switch is clearly survey, which paid for interviews of group-level data,” he says. With the “positive,” Salvo says. “If you go back

www.cqresearcher.com May 14, 2010 441 CQ Press Custom Books - Page 83 CENSUS CONTROVERSY to 2000 and look at data from the not an idle irritation on Washington’s versity of Wisconsin historian. With the long form, a lot of it is bad,” he says. part,” Prewitt added. Washington “wor- demise of the three-fifths compromise, “For example, the economic data in ried that a small population would “the Southern states would gain a wind- the Bronx was compromised because tempt America’s European enemies to fall of increased representation in Con- a whole bunch of people did not re- military action.” 38 gress. However, since few policymak- spond.” The degree to which the Cen- That first census was controversial ers expected the freed slaves to be sus Bureau had to substitute values for another reason, too: politics. Wash- able to vote initially, they realized that for the missing data was “very high in ington exercised the first of his two a disfranchised free black population a whole bunch of items in a whole presidential vetoes on a bill to ap- would strengthen the white-led South- bunch of communities.” portion House seats. Opposing sides ern states and permit the Democrats Salvo also expects response rates had formed around two competing to come dangerously close to gaining on the ACS to be better because pro- formulas, one proposed by Alexander control of the presidency as early as fessional interviewers are following up Hamilton of New York and the other 1868. The logic of population count- with non-responders. supported by Jefferson of Virginia. ing and apportionment, therefore, was “The major plus is that we get data Washington’s veto led Congress to adopt one of the major forces driving Con- more than once a decade,” Salvo says. Jefferson’s method. 39 gress to extend further political and “We get data — new estimates — “This battle between North and civil rights to the freedmen.” 41 every year.” South, between political parties, be- tween geographic areas with large pop- ulations and those with small popu- Rural-Urban Fight lations, or between urban and rural areas, is central to nearly all contro- ust as the census and reapportion- BACKGROUND versy over apportionment and dis- J ment factored in Civil War-era racial tricting from 1790 to the present,” wrote tensions, they also formed a backdrop census expert David McMillen. 40 for another major battle — this one The First Census In the 1800s, the North-South battle between cities and rural regions. was fought not only with Civil War can- As a result of the 1920 census, the his spring, a first edition of the nons but also with census counts, and government announced that most Amer- T first U.S. census, signed in 1791 the slavery issue was at the heart of it. icans now lived in urban areas, a mon- by then-Secretary of State Thomas Jef- Under an infamous compromise made umental shift that, as Anderson wrote, ferson, sold at auction for more than during the Constitutional Convention in “threatened to undermine the rural states’ $122,000. 36 Jefferson’s signature helped 1787, only three-fifths of the slave pop- domination of national politics and the make the 56-page document a histor- ulation was to be counted when ap- rural towns’ domination of state poli- ical prize, but that first census is no- portioning seats in the House. The re- tics.” 42 Rural legislators challenged the table for another reason, too: Like every sult was growing political power among 1920 census count and refused to give U.S. census that followed, the 1790 Republican-dominated Northern states up power, and for the only time in U.S. count spurred discord and doubt. compared with the Democrat-controlled history Congress did not pass a reap- The first census, which broke out South, where most slaves lived. But in portionment bill after a census. the 1790 population into free people 1865, slavery was abolished through the The rural-urban squabble had last- and slaves, concluded that the new 13th Amendment, effectively ending the ing effects. As part of a reapportion- nation contained 3.9 million people. three-fifths compromise. On paper, at ment bill based on the 1930 census, Jefferson and President George Wash- least, that shifted more political power Congress set aside a requirement that ington both expected the count to be to the South. Even so, slavery’s legacy congressional districts be roughly equal higher — at least 4 million if not, in and its relationship to the census re- in size. “In short, Congress redistrib- Jefferson’s mind, 4 to 5 million. 37 mained an issue and became a factor uted political power among the states “Washington had expected a pop- in the push for civil rights in the post- but quietly permitted malapportioned ulation about 5 percent higher and Civil War South. districts within states in order to pre- blamed the ‘inaccuracy’ on avoidance “Northern Republicans realized that serve rural and small-town dominance by some residents as well as on neg- the census and reapportionment of Congress,” Anderson wrote. She ligence by those responsible for tak- would work to their political disad- added that malapportionment remained ing the census,” former Census Bu- vantage after the Civil War and Re- the norm until the 1960s. 43 reau director Prewitt wrote. “This was construction,” wrote Anderson, the Uni- Continued on p. 444

442 CQ Researcher CQ Press Custom Books - Page 84 Chronology

1957 1996 1790-1800s Census Act allows sampling to be U.S. Supreme Court, in Wisconsin v. Constitution’s mandate for a used in the 1960 census. City of New York, rejects cities’ ef- decennial census sparks politi- fort to force adjustment of 1990 cal conflict over how the Amer- • census. . . . Census Bureau an- ican population is counted. nounces “re-engineered census” plan aimed at reducing under- 1790 1960s-1980s count and avoiding lawsuits; con- First census puts population at 3.9 Concern about undercounting gressional Republicans say the million, lower than the figure Presi- grows among civil rights plan violates the Constitution. dent George Washington and then- groups, cities and states. Secretary of State Thomas Jefferson 1999 hoped for; slaves counted as three- 1969 Supreme Court rules that the Cen- fifths of a person; Washington vetoes Ebony magazine pushes for “accurate sus Act bars use of statistical sampling apportionment bill he saw as unfair. Black count,” telling readers that cen- for reapportionment but leaves sus counts are important to govern- door open for using it to allocate 1865 ment and industry for apportionment, federal funds and draw state legisla- Thirteenth Amendment abolishes program planning and analysis. tive districts. slavery, ending three-fifths count for African-Americans and effec- 1976 2000 tively shifting more political power In effort to address undercount, Census Bureau buys ads for the to the South. Congress amends the Census Act first time to encourage responses. to require the Commerce secretary 2009 • to use sampling “if he considers it feasible.” Robert M. Groves chosen to head Census Bureau, says won’t use 1900-1950s 1980 sampling to adjust the 2010 count. Farm-to-city population shifts and Undercount reduced again, but some . . . Census Bureau cuts ties with undercounting of minorities cast cities and states seek to force Census Association of Community Organi- new attention on census data. Bureau to adjust figures. zations for Reform Now (ACORN) after employees of the antipoverty 1902 • group are filmed appearing to Congress creates Census Office. give advice encouraging tax fraud and prostitution. 1920 1990-Present Census finds that most Americans Conflict arises over use of sta- 2010 live in cities; rural legislators chal- tistical adjustment of census Census Bureau replaces long-form lenge census count, and Congress data to reduce undercounting. questionnaire with American Com- fails to pass a reapportionment bill. munity Survey while sending all 1990 households a short 10-question 1940 For first time since 1940 Census form. . . . Total cost of 2010 cen- First hard evidence of undercounting Bureau fails to reduce undercount; sus estimated at $14.5 billion, in- emerges as demographic analysis population reaches 249 million. cluding $340 million promotional shows that 3 percent more draft-age campaign that includes $171 mil- men, including 13 percent more 1991 lion in advertising; conservative blacks, registered for the draft Commerce Secretary Robert A. Republicans criticize census as in- pool than were counted in the Mosbacher declines Census Bureau trusive, and some Latino advocates 1940 census. recommendation to adjust the 1990 try to boycott it to protest lack of census to deal with undercount; immigration reform; mail-back re- 1951 critics say the decision is politically sponse rate of 72 percent matches Newly invented Univac computer driven, and several states and cities 2000 rate; bureau begins effort to used in final stages of 1950 census. sue to force adjustment. contact non-responders.

www.cqresearcher.com May 14, 2010 443 CQ Press Custom Books - Page 85 CENSUS CONTROVERSY

Gay Couples to Be Counted for First Time But census won’t provide complete count of gays in America.

ith eight states and Washington, D.C., recognizing one else’s,’ ” said Josh Friedes, executive director of the LGBT same-sex marriages, the U.S. Census for the first time advocacy group Equal Rights Washington. 3 W this year will include data about same-sex marriages Some gay rights advocates, however, say more needs to be nationwide, regardless of whether they are legal. done to recognize the U.S. LGBT community in terms of data and In previous censuses, the Census Bureau considered same- gathering more statistics. “[At] the moment, it’s not that easy for us sex couples who checked the “married” box as “unmarried part- to answer a simple question, like ‘How many LGBT people are ners.” 1 But since the last census in 2000, five states and the there,’ ” Gary Gates, a member of Our Families Count, a census district have legalized same-sex marriages, and three more rec- campaign to count the LGBT community, told National Public ognize out-of-state same-sex marriages. Radio’s “Tell Me More” program. In data-gathering, “When a group The Census Bureau is even encouraging same-sex couples is essentially invisible, it’s hard to make an argument that they who aren’t legally married but identify themselves as such to have needs or that they are treated differently.” 4 check the “married” box. And since the census is confiden- Because the census will count only same-sex couples who tial, there will be no legal repercussions for same-sex mar- live together, many say a large proportion of the community ried couples who live in states in which same-sex marriages will not be counted, and the only remedy for this is to include aren’t legal. a question on the census about sexual orientation. But the only “The census is a portrait of America,” Che Ruddell-Tabisola, way to add questions to the census is to get approval by Con- the manager of the lesbian, gay, bisexual and transgender pro- gress, so that does not appear likely anytime soon. gram at the Census Bureau, told The Kansas City Star. “Our job Some conservative same-sex-marriage opponents worry that is to get an accurate count. . . . One of the most important these new statistics will aid gay rights advocates in the fight things is for same-sex couples to know that it is 100 percent for legal same-sex marriage in more states. Some have even safe to participate in the census.” 2 said that counting same-sex couples violates the federal De- The decision to count same-sex married couples is hailed fense of Marriage Act (DOMA), which defines marriage as a by some gay rights advocates as an important first step in get- legal union between a man and a woman. ting a complete count of the lesbian, gay, bisexual and trans- “Marriage is only for a man and woman. That’s the law they gender (LGBT) community in the United States. “Even in the need to follow. Somebody needs to sue the federal government absence of federal recognition of our relationships, we have to enforce the Defense of Marriage Act,” said Randy Thomasson, an opportunity to say on an official form that, ‘Yes, we are president of SaveCalifornia.com, a pro-family advocacy group. married,’ ‘Yes, our relationships are every bit as equal to every- The Family Research Council (FRC), which promotes family,

Continued from p. 442 Meanwhile, the growing focus on that censuses were missing part of the In 1962, in the landmark ruling antidiscrimination laws was helping to population. 45 Baker v. Carr, the Supreme Court held spotlight the issue of census accura- Concerns about undercounting — that voters could bring a constitution- cy and the problem of undercounting especially of minorities — led to major al challenge to a state’s legislative ap- minorities. Undercounting had been a changes in modern census methods. portionment. The decision opened the concern ever since the first census in Over the past six decades those changes door to a series of rulings that local 1790, but for 150 years demographers have led to controversies and charges and state legislative bodies as well as and census officials had little in the of politicization of the census — charges congressional districts must be appor- way of hard proof that undercounting that persisted through the planning for tioned according to what became — particularly of African-Americans — Census 2010. known as the “one-person, one-vote existed to any significant degree. That At the heart of the controversy has rule” — in other words, districts had changed in 1940 at the advent of been the practice of sampling — using to contain a roughly equal number of World War II. data on part of the population to make people as tallied in the decennial cen- As noted by the Census Bureau, broader conclusions about the whole. sus. “Other methods of drawing leg- demographic analysis showed that The 1950 census produced a net islative districts, which might use po- 3 percent more draft-age men, including undercount of 4.4 percent of the pop- litical or geographic boundaries, were 13 percent more blacks, registered for ulation, but the undercount rate for invalid if those districts were not equal the World War II draft pool than were blacks was 9.6 percent. 46 In 1957 Con- in population,” Anderson noted. 44 counted in the 1940 census, proving gress passed a new Census Act, which

444 CQ Researcher CQ Press Custom Books - Page 86 marriage and human life in national LGBT community and encourage it to policy, agrees the Census Bureau’s ac- be honest on its survey responses. The tions may violate DOMA. bureau also broadcast public service “For the Census Bureau to actu- ads on the gay-oriented channel Logo ally encourage same-sex couples to about counting same-sex marriages mark themselves as married is a clear and posted them on the Census Bu- violation of the Defense of Marriage reau Web site. Act,” says Peter Sprigg, a senior fel- “We have to reach out and engage low for policy studies at FRC. Sprigg this part of the population,” a Census says the data being collected could Bureau official said. “Anything less than have been interesting because some that is a failure.” 5 states that have legalized same-sex marriages don’t record data on how — Julia Russell AFP/Getty Images/Mandel Ngan many marriages are performed. But, This year’s census will include data about 1 because the census will count all same-sex marriages for the first time. “Census Form Question Stirs Controversy, U.S. same-sex couples who consider them- Census Bureau to Acknowledge Couples Differ- Rocky Galloway and Reggie Stanley, above, ently,” KCRA (Sacramento), April 1, 2010, selves married — legally or not — celebrate after applying for their marriage www.kcra.com/news/23024784/detail.html. “the data really isn’t very useful.” license in Washington, D.C., last March. 2 Eric Adler, “Bureau wants same-sex couples to Because Congress mandated that check the ‘married’ box on census form,” The Kansas City Star (Missouri), April 6, 2010, www. a marriage can be only between a man and a woman, the kansascity.com/2010/04/06/1861880/census-bureau-seeking-count-of.html. FRC believes the idea of same-sex marriage is an oxymoron, 3 Lornet Turnbull, “Census will count gay couples who check ‘husband or according to Sprigg. wife,’ ” The Seattle Times, March 30, 2010, http://seattletimes.nwsource.com/html/ And while it might be one thing for the census to simply localnews/2011483128_lgbtcensus31m.html. 4 “2010 Census Will Count Same-Sex Couples,” “Tell Me More,” National count same-sex married couples, he said it’s another thing for Public Radio, Nov. 25, 2009, www.npr.org/templates/story/story.php? the Census Bureau to distribute messages encouraging same- storyId=120816467. sex couples to check the “married” box. 5 “Census Bureau urges same-sex couples to be counted,” USA Today, April 6, To promote its new way of counting same-sex couples, 2010, www.usatoday.com/news/nation/census/2010-04-05-census-gays_N.htm. the Census Bureau sent a task force to reach out to the allowed sampling to be used in the In January 1969 an Ebony maga- Undercounts persisted, though. The 1960 census “in such form and con- zine editorial pushed “for an accurate 1970 census produced a net under- tent as” the secretary of Commerce Black count” and told readers that cen- count of 2.9 percent of the popula- “may determine,” but the law said sus counts were important to govern- tion, but 8 percent of blacks. 50 sampling could not be used for reap- ment and industry for apportionment, In 1957 Congress amended the portioning House seats. 47 program planning and analysis. “And,” Census Act to allow sampling, but not By 1970, the stakes in census ac- the magazine claimed, “the figures for apportionment. In 1976 the law curacy had grown significantly, in large they use are a lie” because about 10 was strengthened to allow the Com- part because of the passage of civil percent of “non-Whites (primarily merce secretary to use sampling “if he rights legislation that demanded reli- Blacks)” were “missed.” The magazine considers it feasible,” though again not able counts to monitor the application noted that most census workers were for apportionment. The change was of antidiscrimination laws. In addition, white, and it advocated for black inter- technical in nature and not aimed at big U.S. cities were under increasing viewers to take the census to “ghetto improving the undercount. 51 financial pressure, raising the impor- areas.” 48 tance of census counts in the alloca- The following year the Urban League tion of federal assistance. Judicial rul- organized a Coalition for a Black Litigation Over Sampling ings requiring legislative districts to be Count to monitor the 1970 census and equal in population also demanded ac- urge participation “to assure a full and ut over the next quarter-century, curate census counts. accurate minority count.” 49 B the idea of using sampling to

www.cqresearcher.com May 14, 2010 445 CQ Press Custom Books - Page 87 CENSUS CONTROVERSY statistically adjust for the undercount less than statistical grand larceny.” 56 ed federal law and the Constitution. arose repeatedly, resulting in court More litigation followed. New York As The Times noted, “with House Re- fights, a landmark Supreme Court rul- City and others challenged Mosbach- publicans holding a razor-thin major- ing and charges of politicizing the cen- er’s decision, but a federal district court ity, both parties [were] acutely con- sus to gain a partisan edge in the ap- judge ruled that it was constitutional scious of any question that might give portionment of congressional seats, and did not violate the Census Act. A one side an advantage.” 60 drawing of legislative districts and allo- federal appellate court overturned that In 1998 a federal court ruled against cation of federal money to the states. decision, ruling “that because a dis- the sampling plan, and the ruling was After the 1980 census, the Census proportionate undercount of minorities appealed to the Supreme Court. In 1999, Bureau stepped up its research on raised concerns about equal represen- in a landmark 5-4 decision, the justices methods for statistically adjusting the tation, the government was required to barred the use of statistical sampling to 1990 census to correct for under- prove that its refusal to adjust the cen- arrive at population totals for the pur- counting, but the Commerce Depart- sus figures ‘was necessary to achieve pose of reapportionment. But the court ment subsequently decided against the some legitimate goal.’ ” 57 left the door open to using sampling idea. That led to litigation. In late 1988 But in 1996, the Supreme Court up- for other purposes, such as allocating New York City and a coalition of other held Mosbacher’s decision not to ad- federal funds and state districting. 61 state and local entities, joined by the just the 1990 count. NAACP and other advocacy groups, Using statistical means to deal with sued the Census Bureau in an effort undercounting wasn’t dead, however. Political Debate to stop “chronic under-counting” of After the string of lawsuits over the urban blacks and Latinos. 52 1990 count, the Census Bureau came ew controversies arose as the “From a civil rights point of view, it up with a new plan for a “reengineered N 2010 census approached. One has to do with equal voting rights,” Neil census” in 2000 that it thought would involved last year’s White House nom- Corwin, New York City’s assistant cor- correct the miscounting and avoid liti- ination of Sen. Judd Gregg, a Repub- poration counsel, explained at the time. gation. It was “the culmination of a lican from New Hampshire, to head “From the federal-funding point, there four-year process of discussion and re- the Commerce Department. are a number of programs based on view of census plans by a broad spec- “Obama’s pick . . . raised alarm population figures. If New York has more trum of experts, advisors and stake- among some minority advocates, who people than the Census Bureau gives it holders,” according to the bureau. 58 noted that Gregg had opposed increases credit for, they are going to suffer in the The plan, which became public in to census funding and could not be amount of federal funds they get.” 53 early 1996, called again for the use of trusted to do everything necessary to In 1990 the Census Bureau failed statistical sampling. As described by reduce undercounts,” Boston Globe cor- to reduce the undercount for the first The New York Times, the technique respondent James Burnett wrote. “To time since 1940. The overall rate was “was loosely similar to that of public mollify those critics, White House 1.6 percent, but 4.6 percent for blacks opinion polls in that it would extrapo- spokesman Ben LaBolt indicated that and 5 percent for Hispanics. Renters late information about the population for 2010 the census director would now were undercounted by 4.5 percent, and from partial data. But the bureau’s plans ‘work closely with White House senior many children were missed. 54 are more sophisticated. They involve management.’ To some census observers The bureau recommended that the using traditional methods to count — especially those observing from GOP 1990 results be adjusted, but Commerce everyone in 90 percent of the house- congressional seats — this looked like Secretary Robert Mosbacher, a Repub- holds in a census tract — a neigh- a power grab.” 62 lican serving in the George H. W. Bush borhood of about 1,700 dwellings. Data Gregg withdrew, citing the census administration, declined. While con- from the 90 percent would be used as key among “irresolvable conflicts” ceding that minorities and some juris- to determine the number and charac- with the Obama administration. 63 In dictions had been undercounted, he ar- teristics of the remaining 10 percent, picking a replacement — Washington gued that the proposed adjustment and the population would be further Gov. Gary Locke, a Democrat — the methods, employing sampling, weren’t adjusted on the basis of a survey of White House sought to reassure critics accurate enough to improve the over- 750,000 households.” 59 that the census wouldn’t be politicized. all census results. 55 Critics promptly Congressional Republicans, who had But yet another controversy erupt- tagged his decision as without merit gained control of both houses of Con- ed after the Association of Communi- and politically driven. New York City gress in the 1994 midterm elections, ty Organizations for Reform Now — Mayor David Dinkins called it “nothing objected, saying the technique violat- a grassroots antipoverty group com-

446 CQ Researcher CQ Press Custom Books - Page 88 Census Leads to Power Shift in Congress Population migration transfers House seats to Sun Belt states.

hen William Howard Taft occupied the White House Texas, on the other hand, has held steady, and in fact could in 1911, Congress set the number of seats in the U.S. gain a fourth seat, depending on the 2010 census, Brace says. W House of Representatives at 435, the same as today. The migration of people to Texas from Louisiana in the wake But every 10 years, when the census is conducted, an element of Hurricane Katrina in 2005 may have boosted Texas’ popula- of suspense surrounds that set-in-stone figure. tion enough to give the state another seat, Brace says. “The issue House seats are distributed among the states based on popu- is, have any of those people gone back? We’re not sure yet.” lation figures gathered in the census, with apportionment occur- A separate study by Polidata, a Virginia group that analyzes po- ring the year following the census. With every new census, some litical data, projected that Texas could gain four seats, though the states gain seats (and the political power that goes with them) and strength of that projection has decreased, it said late last year. 3 others lose seats. Following the 2000 census, for instance, 12 seats The EDS study noted that Arizona and Nevada have both shifted; after the 1990 count, 19 seats transferred. 1 seen their population growth decline over the past decade. “Ari- Political analysts often can reliably forecast winners and zona’s lower growth rate has impacted whether it will gain a losers ahead of time, but some states are cliff-hangers until the second seat” in 2010, it said. “Nevada, on the other hand, has Census Bureau releases its official post-census results. This year enough population to keep its additional seat.” that will happen by Dec. 31. Eight states — Illinois, Iowa, Louisiana, Massachusetts, Michigan, For years, House seats and political power have been shift- New Jersey, New York and Pennsylvania — will probably each ing toward the Sun Belt — the Southern and Western states — lose a seat, according to EDS estimates, and Ohio stands to and away from the Midwest and Northeast, a trend expected to lose two. continue in next year’s reapportionment. That trend began in Minnesota is an uncertainty. Based on the 2009 population earnest after World War II, spurred by the baby boom and air data, it would not lose a seat, but if 2009 population trends conditioning, says Kimball W. Brace, president of Election Data continue into 2010, it will, according to EDS. Services (EDS), a Manassas, Va., consulting firm specializing in California is also a cliff-hanger — and perhaps the most redistricting, election administration and census analysis. consequential because of its size. Depending on the 2010 cen- Returning veterans started families, the U.S. population grew sus, the state could lose a congressional seat for the first time and people moved seeking jobs — not just to the suburbs but since it achieved statehood in 1850, EDS said. also to warm-weather states, such as California, Texas and Flori- That marks a dramatic turn of events for California. Brace da. “With the advent of air conditioning, they ended up not says when 2005 Census Bureau data were projected out to feeling bad going to hot places,” Brace notes. 2010, California looked to be in line to gain a seat. But then The migratory trend continues, but with some recent twists came the recession, which hit California earlier than the rest that could have a strong impact on reapportionment, he says. of the country, and the state’s population growth rate fell be- “If you look at the Census Bureau’s yearly studies of move- hind that of some other states, he says. ment . . . since World War II, you generally find that about If the census counted only U.S. citizens and did not include 17 or 18 percent of the population moves every year” whether undocumented immigrants — an idea embraced by some con- across town or cross-country. But in the last two years, that servatives — California could wind up losing five congressional 17 percent has dropped to 11 percent, mainly because of the seats, Brace says. “Immigration does have an impact.” housing crisis and economic upheaval, he says. With migration slow, some states may not gain as many — Thomas J. Billitteri House seats as expected before the recent recession. Accord- ing to estimates by EDS, seven states — Arizona, Florida, Geor- 1 Greg Giroux, “Before Redistricting, That Other ‘R’ Word,” CQ Weekly, Nov. 20, gia, Nevada, South Carolina, Utah and Washington — would 2009, p. 2768. 2 “New Population Estimates Show Additional Changes for 2009 Congres- each gain a seat, and Texas would gain three, based on 2009 sional Apportionment, With Many States Sitting Close to the Edge for 2010,” Census Bureau population estimates, the latest available until Election Data Services, Dec. 23, 2009, www.electiondataservices.com/images/ the 2010 census is counted. 2 File/NR_Appor09wTables.pdf. Before the economy soured, Brace says, Florida was on 3 “Congressional Apportionment: 2010 Projections Based Upon State Estimates as of July 1, 2009,” Polidata, Dec. 23, 2009, www.polidata.org/news.htm#20091223. track to gain two seats but will now be “lucky to gain one.” monly known as ACORN — signed target of conservative critics, ACORN 2008 presidential campaign, and its in- on as an unpaid census-promotion had been accused by Republicans of volvement in the census touched off partner for the 2010 census. Long a voter-registration fraud during the strong GOP objections. 64

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“It’s a concern, especially when you publican on the House Committee on tell the full story. “[T]he measure is lim- look at all the different charges of Oversight and Government Reform, said ited to the universe of homes to which voter fraud,” Rep. Lynn A. Westmore- Groves’ selection was “incredibly troubling” the Census Bureau mailed . . . or hand- land, R-Ga., vice ranking member of and “contradicts the administration’s as- delivered . . . questionnaires and asked the House Oversight Subcommittee on surances that the census process would residents to mail them back,” wrote Information Policy, Census and Na- not be used to advance an ulterior polit- Lowenthal, the census consultant and tional Archives, told FoxNews.com. “We ical agenda.” 67 former House staffer. want an enumeration. We don’t want But at his confirmation hearing in “Not in the equation,” she noted, are to have any false numbers.” 65 May, Groves told a Senate panel he people counted separately — everyone What came next all but sealed ACORN’s wouldn’t use sampling to adjust the from American Indians living on reser- fate. After conservative activists secretly 2010 census. And, he said, “there are vations and college students living in filmed ACORN employees appearing to no plans to do that for 2020.” 68 dorms to people living in migrant farm- offer advice encour- worker camps and RV aging tax fraud to ac- (recreational vehicle) tivists posing as a parks. And those “addi- prostitute and her tional counting operations pimp, the Census are just part of the par- Bureau cut ties with tial story,” she said. Con- the group. “It is cluded Lowenthal, “We clear,” wrote bureau don’t really know how director Groves, “that many Americans have ACORN’s affiliation joined our decennial na- with the 2010 census tional portrait so far. But promotion has caused one conclusion is beyond sufficient concern in doubt: The hardest part the general public, is yet to come.” 70 has indeed become In fact, in various a distraction from our ways, Census 2010 is only U.S. Census Bureau/Public Information Office U.S. mission, and may To encourage Americans to return their census questionnaires, at the midpoint. even become a dis- the Census Bureau this year sponsored a NASCAR race car, above, a From May through couragement to pub- 13-vehicle nationwide promotional road tour and television ads July census takers will before and during the Super Bowl. lic cooperation, neg- be knocking on rough- atively impacting 2010 ly 48 million doors of census efforts.” 66 households that didn’t mail back their Groves himself had also stirred par- CURRENT census form or didn’t receive one. From tisan controversy when he was nomi- August through December the bureau nated to the post a little over five months SITUATION will conduct a separate “Coverage Mea- before the ACORN flap exploded. As a surement Survey” to evaluate the ac- Census Bureau official in the early curacy of the census count. 1990s, he had advocated statistical ad- December 31 is the deadline for justment to the 1990 census to deal with Redistricting the bureau to provide the White the undercount. After Obama nominat- House and Congress with the official ed him to run the Census Bureau, Re- n late April the Census Bureau an- population count by state. The indi- publicans expressed alarm. I nounced that 72 percent of 2010 vidual states then use the data to ap- “Conducting the census is a vital con- census forms had been mailed back portion House seats to various con- stitutional obligation,” House minority leader by households that received them. On gressional districts. Rep. John A. Boehner, R-Ohio, said after his Census Web site blog, Groves ex- In March 2011 the bureau will begin Groves’ nomination. “It should be as solid, pressed satisfaction with the response, providing redistricting data to the reliable and accurate as possible in every calling it a “remarkable display of civic states. 71 And in 2012 the results of the respect. That is why I am concerned about participation.” 69 Coverage Measurement Survey will be- the White House decision to select” Groves. But census experts cautioned that come available. Census experts say that Rep. Darrell Issa, R-Calif., the ranking Re- the so-called participation rate doesn’t Continued on p. 450

448 CQ Researcher CQ Press Custom Books - Page 90 At Issue: Should the census ask questions about race? yes

MELISSA NOBLES HANS A. VON SPAKOVSKY ASSOCIATE PROFESSOR OF POLITICAL SENIOR LEGAL FELLOW, THE HERITAGE SCIENCE, MASSACHUSETTS INSTITUTE OF FOUNDATION; FORMER COUNSEL TO THE TECHNOLOGY ASSISTANT ATTORNEY GENERAL FOR CIVIL RIGHTS, U.S. JUSTICE DEPARTMENT WRITTEN FOR CQ RESEARCHER, MAY 2010 WRITTEN FOR CQ RESEARCHER, MAY 2010 or nearly 170 years, the Census Bureau’s mission in asking f about race was clear: define and then distinguish who mericans are uncomfortable with the Census Bureau was “white” from who was “non-white, and especially a demand that everyone identify their “race” on the 2010 from who was “black.” Census. Despite the bureau’s insidious commercials Today, the dismantling of formal racial segregation, the en- urging Americans to return the form so their communities can forcement of civil rights legislation and significant increases in get their “fair share” of government largesse (earmarks writ immigration to the United States have all introduced new pur- large), the constitutional reason for the census is to reapportion poses for racial categorization in census taking. Asking people congressional representation. The race question invades our pri- to categorize themselves by race provides important data vacy and is part of a continuing effort to divide Americans by about our country’s growing diversity and serves to support race and enable official discrimination. the nation’s civil rights laws — especially the Voting Rights Act. Some justify this because the census has historically asked yes for racial information.no That information was required prior to Indeed, census data on race are used in a range of public policies, many of which are designed to counteract entrenched the Civil War because black Americans who were slaves were material disadvantage among minorities. counted as only three-fifths of a person in reapportionment. In my view, these are purposes worthy of the continued inclu- So why must we check the race box in this day and age? sion of the race question in U.S. census taking. The issue has Two reasons: 1) to facilitate racially gerrymandered congres- been contentious mostly because it is impossible to disassociate the sional districts, a pernicious practice that segregates voters by history of racial thought and politics that have fundamentally race; and 2) to discriminate in the provision of government shaped census-taking from the start. For most of its history, census- benefits based on race. taking supported a politics of racial segregation and subordination. For Americans who chafed at the race question and either For example, the 1840 and 1850 censuses were directly inter- left it blank or wrote in “American,” a census worker may visit twined with debates about slavery. Data from the largely discred- their homes to get them to change their answer. If they don’t, ited 1840 census purportedly disclosed higher rates of insanity the census will impute the person’s race based on what he among free blacks, thereby “proving” that freedom drove free looks like or where he lives — an offensive example of stereo- black people crazy. The 1850 census first introduced the category typing and racial profiling in a society where so many of us “mulatto,” at the behest of a Southern physician, in order to gather are of mixed race and ancestry. Small wonder the U.S. Commis- data about the presumed deleterious effects of “racial mixture.” sion on Civil Rights recommended that this question be made Post-Civil War censuses continued to include the “mulatto” category, voluntary — a recommendation the Census Bureau ignored. reflecting the enduring preoccupation with “racial mixing.” The options given for answering the race question also re- Twentieth-century racial and ethnic census categorization flect political correctness and half-baked, liberal social-policy remained intertwined with the century’s core political and social theories that have nothing to do with biology and genetics. issues: racial segregation and immigration. Although the question asks for your race, it gives you choices In regard to segregation, categories and instructions for the like “Japanese” that are nationalities, not racial categories. censuses from 1930 to 1950 largely mirrored the racial status quo “Race” is a very imprecise term that scientists disagree about. in politics and law. Southern laws defined persons with any trace Moreover, many people have no idea what their apparent of “Negro blood” as legally “Negro” and subject to all of the po- racial background is for more than a few generations. litical, economic and social disabilities such designation conferred. Classifying and subdividing Americans on the basis of race Southern law treated other “non-white” persons similarly. Census is repugnant. E pluribus unum — “out of many, one” — is categories and definitions followed suit, essentially bringing the both our motto and our objective. It is one we should strive logic of racial segregation into national census taking itself. for every day, and the census’ continued preoccupation with Thus, for most of American history the census wasn’t used race is detrimental to the great progress we’ve made as a na- for edifying reasons. But today it supports the political and tion toward achieving that goal.

social nopolicies that seek to guarantee civil rights and equality.

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Continued from p. 448 rather than where they are incarcerat- federal help, the study notes. Based if it shows significant undercounts, states ed. 73 Similar legislation is pending or on 2000 census data, it said, “each ad- could wind up suing to press the bu- under consideration in eight other states, ditional person included in [that cen- reau to adjust the figures because of including New York, Florida, Illinois and sus] resulted in an annual additional the importance of census results to fed- Pennsylvania, Kajstura said. Medicaid reimbursement to most states eral funding allocations and the draw- “In a lot of states the trend has been of between several hundred and sev- ing of legislative boundaries. to build new prisons at locations far eral thousand dollars.” removed from the home community of In an interview, Reamer notes the incarcerated persons, which means a census’ widespread importance — to Counting Prisoners shift in political and representation apportionment and redistricting, en- power and representation away from forcement of antidiscrimination laws, s the 2010 census moves forward, these home communities to generally distribution of federal funds and the A advocacy groups are continuing to more rural areas where prisons are lo- information needs of business, for ex- spotlight how certain population groups cated,” says Brenda Wright, director of ample. “To the extent the census is are counted, especially prison inmates. the Democracy Program at Dēmos, a inaccurate, we have a less efficient Currently, the Census Bureau counts liberal research and advocacy group in economy if businesses are making de- prison inmates where they are incarcer- New York that also is pushing for a cisions based on faulty data,” he says. ated. Critics argue that areas where pris- change in how prisoners are counted. His study notes that the decennial ons are located benefit in the allotment “At the same time, we emphasize it’s census is the basis for 10 other data of political representation to the detri- not just a rural versus urban problem sets that help shape federal-assistance ment of prisoners’ home communities. at heart, because the issue of how pris- funding, including a Bureau of Economic “Most people in prison in America oners are counted affects local county Analysis series on per capita income. are urban and African-American or Lati- and city redistricting as well.” 74 The effectiveness of the decennial no,” Rep. William Lacy Clay, D-Mo., chair- How the Census Bureau counts census depends, of course, in no small man of the House census subcommit- prisoners also “inflates the weight of part on how seamlessly it is planned tee, wrote to the Census Bureau. But, the vote of any district where a prison and executed. In Congress a bipartisan he added, the 2010 census “will again happens to be located at the expense group of legislators want to see that be counting incarcerated people as res- of all other districts that do not have future censuses run more smoothly than idents of the rural, predominantly white a prison,” Wright says. many past ones have, including the communities that contain prisons.” 72 2010 census. Some change on the issue is com- A bill called the Census Oversight, Ef- ing. In May 2011, a few months earlier Doling Out Funds ficiency and Management Reform Act than in the past and in time for redis- would, among other things, make the tricting in most states, the Census Bu- risoner counts are just one part Census Bureau directorship a five-year reau will identify the location and pop- P of the larger census picture, of appointment so census planning isn’t dis- ulation counts of prisons and other group course, and the stakes for states and rupted by a presidential election. 76 The quarters, according to Aleks Kajstura, localities in the ability of the Census 10-year decennial cycle would be split legal director at Prison Policy Initiative, Bureau to produce an accurate count into two five-year phases — the first for a Massachusetts-based group pushing are huge — not only for legislative planning and the second for operations, for change in the way prisoners are districting and congressional seats but fostering consistency across administra- counted. States can choose whether also for allocations of federal money. tions. Under the current system, every they want to collect the home addresses A new study by the Brookings In- president appoints a new director. of prisoners and adjust the census stitution’s Reamer found that in fiscal In addition, the bill would give bureau counts before redistricting, she says. 2008, 215 federal domestic-assistance directors more independence by hav- Ultimately, advocates want the Cen- programs used census-related data to ing them report directly to the Com- sus Bureau to change the way prison- guide $447 billion in distributions to merce secretary and letting them give ers are counted in time for the 2020 the states, local governments and other recommendations or testimony to Con- census. But some states are acting on recipients, mostly for Medicaid and gress that represents their views and their own. In April, Maryland became other aid for low-income households not necessarily those of the adminis- the first state to pass legislation requir- and highway programs. 75 tration. It also would keep directors ing inmates to be counted in the juris- Census accuracy is especially im- from having to testify on census issues diction of their last permanent address portant to low-income recipients of they didn’t agree with. 77

450 CQ Researcher CQ Press Custom Books - Page 92 Seven former Census Bureau di- Some of the long-term decline in re- However, Jost, the bureau commu- rectors endorsed the bill in March, stat- sponse no doubt reflects growing con- nications official, told The Post the 2010 ing that “the time has come for the cerns about privacy and a wariness of advertising budget was the same as for Census Bureau to be much more in- how information collected by the cen- 2000 on an inflation-adjusted basis. “We dependent and transparent.” 78 sus might be used, experts say. That spent just 5 percent more in equiva- They said that after 30 years in “which wariness may grow, particularly in the lent dollars this year on a population the press and Congress frequently dis- nation’s expanding immigrant com- that was 10 percent bigger.” 80 cussed the Decennial Census in ex- munities — especially if Congress fails plicitly partisan terms, it is vitally im- to pass comprehensive immigration re- portant that the American public have form before the next census. Notes confidence that the census results have Lifestyle changes also have made it 1 been produced by a nonpartisan, apo- more challenging — and costly — for “With Growing Awareness of Census, Most litical and scientific Census Bureau.” the Census Bureau to do its work. The Ready to Fill Out Forms,” Pew Research Center, March 16, 2010, http://people-press.org/report/596/ In addition, they said the importance growth of same-sex unions and inter- census-forms. of the Census Bureau “waxes and wanes, racial marriages, increases in joint custody 2 See Michelle Malkin, “True Confessions from peaking as the decennial approaches of children, the expansion of second- America’s Census Workers,” April 7, 2010, http:// but then drifting down the [Commerce] home purchases among the nation’s news.yahoo.com/s/uc/20100407/cm_uc_crm Department’s priority list,” but that the aging baby-boom population and other max/op_1913518. bureau “needs to more efficiently focus trends may make it more difficult for 3 Andrew D. Reamer, “Counting for Dollars: The on [its] continuous responsibilities,” which the Census Bureau to get a firm fix on Role of the Decennial Census in the Geographic include not only the decennial census population and demographic trends. Distribution of Federal Funds,” Brookings Insti- but other measurement projects. But other developments may work tution, March 2010, www.brookings.edu/reports/ And third, the former directors noted, in the Census Bureau’s favor. One is 2010/0309_Census_dollars.aspx. 4 “each of us experienced times when the growth of communications tech- Andrew Reamer, “Census Brings Money Home,” April 6, 2010, www.brookings.edu/opinions/2010/ we could have made much more timely nology, which could make census tak- 0315_census_reamer.aspx?p=1. and thorough responses to congres- ing cheaper for the government and 5 “2010 Census: Fundamental Building Block sional requests and oversight if we had more convenient for households. of a Successful Enumeration Faces Challenges,” dealt directly with the Congress.” An online data-collection option is U.S. Government Accountability Office (GAO), a probable evolution in 2020. The bu- March 5, 2009, www.gao.gov/new.items/d094 reau said an Internet option was 30t.pdf. deemed feasible from a technical stand- 6 Rate achieved by April 27. point. But “without time to fully test 7 Robert M. Groves, “A Surprise Reaction,” The OUTLOOK Director’s Blog, U.S. Bureau of the Census, the entire system, security concerns led the Census Bureau to decide to April 23, 2010, http://blogs.census.gov/2010 not offer the 2010 census questionnaire census/. 8 “Take 10 Map,” http://2010.census.gov/2010 Changing Times online,” it said. The bureau said it plans census/take10map/. to introduce an Internet option in the 9 See “How the 2010 Census is Different,” 79 s census experts look beyond the next census. Population Reference Bureau, www.prb.org/ A completion of the 2010 count, they One thing seems likely: Criticism of Articles/2009/changesin2010.aspx. see prospects for important changes in the census will be around in future 10 Robert M. Groves, The Director’s Blog, U.S. the way the government creates its every- decades much as it has been in the past. Bureau of the Census, entries for April 14, 15 10-year national portrait. Social and cul- After the bureau announced the and 16, 2010, http://blogs.census.gov/2010 tural shifts are likely to make census 72 percent mail response to this year’s census/. taking more challenging in 2020 and census, Rep. Jason Chaffetz, R-Utah, 11 Stephen Dinan, “Exclusive: Minn. Lawmaker beyond, yet technology could also make phoned The Washington Post to point out vows not to complete Census,” The Washing- it cheaper, easier and more effective. that while this year’s mail-back rate matched ton Times, June 17, 2009. 12 Naftali Bendavid, “Republicans Fear Under- In 1970, 78 percent of households the 2000 figure, the cost of the 2010 count counting in Census,” The Wall Street Journal, receiving a census form mailed it back. was more than double that of the 2000 April 5, 2010, p. 4A. Paul’s comment appeared That rate fell to 65 percent in 1990, census. And, he criticized the amount the in a weekly column in April 2010. rose modestly in 2000 — thanks in bureau spent on advertising, saying “they’re 13 Andy Barr, “Erickson’s census ‘shotgun’ threat,” part to heavy spending on advertising getting poor results in the places we Politico, April 2, 2010, www.politico.com/news/ — and remained largely flat in 2010. know we have problems.” stories/0410/35338.html.

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14 Patrick McHenry, “Returning the Census is 26 Reamer, “The Scouting Report Web Chat: Bureau, 2003, p. 6, accessed at www.thecensus Our Constitutional Duty,” RedState.com, April 1, 2010 Census,” op. cit. project.org/factsheets/PrewittSAGE-PRBCensus 2010, www.redstate.com/rep_patrick_mchenry/ 27 Matt Canham, “Bennett’s census-immigration 2000Report.pdf. 2010/04/01/returning-the-census-is-our-constitu amendment rejected,” Salt Lake Tribune, Nov. 5, 39 David McMillen, “Apportionment and dis- tional-duty/. 2009, www.sltrib.com/news/ci_13721132. tricting,” in Margo J. Anderson, ed., Encyclo- 15 Transcript, “The 2010 Census,” “The Diane 28 “2010 Census Operational Briefing Transcript,” pedia of the U.S. Census (2000), pp. 34-35. Rehm Show,” National Public Radio, March 3, U.S. Census Bureau, Sept. 23, 2009, www.cen 40 Ibid., p. 34. 2010. sus.gov/Press-Release/www/releases/pdf/2010 41 Ibid., p. xiii. 16 For background, see the following CQ Re- CensusBriefing_Transcript.pdf. 42 Ibid. searcher reports: David Masci, “Latinos’ Future,” 29 Rob Shapiro, “The Latest Attack on the Cen- 43 Ibid., p. xiv. Oct. 7, 2003, pp. 869-892; Kenneth Jost, “Cen- sus is an Attack on All of Us,” New Policy In- 44 Ibid. The case is Baker v. Carr, 369 U.S. sus 2000,” May 1, 1998, pp. 385-408, and R. K. stitute, Oct. 1, 2009, www.newpolicyinstitute. 186 (1962). Landers, “1990 Census: Undercounting Minori- org/2009/10/the-latest-attack-on-the-census-is- 45 “United States Census 2000: Press Briefing ties,” Editorial Research Reports, March 10, 1989, an-attack-on-all-of-us/. Background Documents,” U.S. Census Bureau, pp. 117-132. 30 Jennifer Ludden, “Hispanics Divided Over June 14, 2000, p. 6, www.census.gov/Press- 17 “What is the 1990 Undercount?” U.S. Census Census Boycott,” National Public Radio, July 13, Release/www/background.pdf. Bureau, www.census.gov/dmd/www/techdoc1. 2009, www.npr.org/templates/story/story.php? 46 Margo J. Anderson and Stephen E. Fienberg, html. storyId=106555313. Who Counts? The Politics of Census-Taking in 18 “Technical Assessment of A.C.E. Revision II,” 31 Ibid. Contemporary America (1999), p. 60. Figures U.S. Census Bureau, March 12, 2003, www.cen 32 Lopez and Taylor, op. cit. are estimated net census undercounts as mea- sus.gov/dmd/www/pdf/ACETechAssess.pdf. 33 “An Introduction to the American Commu- sured by a technique called Demographic 19 Ibid. nity Survey,” U.S. Census Bureau, summer 2009, Analysis, in which the best estimate of the 20 Mark Hugo Lopez and Paul Taylor, “Latinos www.census.gov/Press-Release/www/2009/pdf/ previous census count is updated with vari- and the 2010 Census: The Foreign Born Are 09ACS_intro.pdf. ous kinds of administrative statistics on births, More Positive,” Pew Hispanic Center, April 1, 34 Clea Benson, “The Data Catch: Not Enough deaths and net immigration, along with Medicare 2010, http://pewhispanic.org/files/reports/121.pdf. Information,” CQ Weekly, Dec. 7, 2009, p. 2810. data, to produce an estimate of the popula- 21 Randal C. Archibold, “Arizona Enacts Strin- 35 Quoted in ibid. tion separately from the current census count. gent Law on Immigration,” The New York 36 The Associated Press, “Thomas Jefferson The authors cite Robert E. Fay, et al., The Cov- Times, April 23, 2010, www.nytimes.com/2010/ Signed Census Sells for $122,500,” The Huffin- erage of the Population in the 1980 Census, 04/24/us/politics/24immig.html?scp=5&sq= gton Post, April 15, 2010, www.huffingtonpost. Bureau of the Census, 1988. arizona%20and%20immigrants&st=cse. com/2010/04/15/thomas-jefferson-signed-c_n_ 47 “United States Census 2000,” U.S. Census 22 Campbell Robertson, “Suspense Builds Over 538634.html. Bureau, op. cit. Census for New Orleans,” The New York Times, 37 “A Century of Population Growth: From the 48 Anderson and Fienberg, op. cit., p. 38. April 7, 2010, www.nytimes.com/2010/04/08/ First Census of the United States to the Twelfth, 49 Ibid., p. 39. us/08orleans.html?ref=us. 1790-1900,” 1909, Bureau of the Census, De- 50 Ibid., p. 60. Figures are estimated net cen- 23 The Associated Press, “State, local gov- partment of Commerce and Labor, p. 48, sus undercounts as measured by demographic ernment budgets hamper census outreach,” www.archive.org/details/centuryofpopulat00unit. analysis. The Washington Post, April 12, 2010, www. On Jan. 23, 1791, Jefferson wrote: “The cen- 51 “United States Census 2000,” U.S. Census washingtonpost.com/wp-dyn/content/article/ sus has made considerable progress, but will Bureau, op cit. 2010/04/11/AR2010041103832.html. not be completed till midsummer. It is judged 52 Sam Burchell, “Big Cities Sue for Changes in 24 Ibid. at present that our numbers will be between ’90 Census,” United Press International, Nov. 3, 25 “Distrust, Discontent, Anger and Partisan Ran- four and five millions.” 1988, Los Angeles Times, http://articles.latimes. cor,” Pew Research Center, April 18, 2010, http:// 38 Kenneth Prewitt, “The American People: com/1988-11-03/news/mn-1041_1_census-bureau. pewresearch.org/pubs/1569/trust-in-government- Politics and Science in Census Taking,” Russell See also U.S. Bureau of the Census, “1990 distrust-discontent-anger-partisan-rancor. Sage Foundation and Population Reference Overview,” www.census.gov/history/www/ through_the_decades/overview/1990.html. 53 Quoted in Burchell, op. cit. About the Author 54 “United States Census 2000,” U.S. Census Bureau, op. cit. Thomas J. Billitteri is a CQ Researcher staff writer based 55 Anderson, “Litigation and the census,” in in Fairfield, Pa., who has more than 30 years’ experience Anderson, ed., Encyclopedia of the Census, covering business, nonprofit institutions and public policy op. cit., p. 270. for newspapers and other publications. His recent CQ Re- 56 Anderson and Fienberg, op. cit., p. 128. searcher reports include “Youth Violence,” “Afghanistan’s The authors attribute the Dinkins quote to Future” and “Financial Literacy.” He holds a BA in English The New York Times, July 16, 1991. and an MA in journalism from Indiana University. 57 Linda Greenhouse, “High Court Hears Ar- guments For Census Alteration by Race,” The

452 CQ Researcher CQ Press Custom Books - Page 94 New York Times, Jan. 11, 1996, www.nytimes. com/1996/01/11/us/high-court-hears-arguments- for-census-alteration-by-race.html?pagewanted=1. FOR MORE INFORMATION 58 “2000 Overview,” U.S. Census Bureau, Brookings Institution www.census.gov/history/www/through_the_ , 1775 Massachusetts Ave., N.W., Washington, DC 20036; (202) 797-6000; www.brookings.edu. Centrist think tank that studies a wide range decades/overview/2000.html. of policy issues. 59 Steven A. Holmes, “Court Voids Plan to Use Sampling for 2000 Census,” The New York Center for Immigration Studies, 1522 K St., N.W., Suite 820, Washington, DC Times, Aug. 25, 1998, www.nytimes.com/1998/ 20005-1202; (202) 466-8185; www.cis.org. Conservative nonprofit research organization 08/25/us/court-voids-plan-to-use-sampling-for- that provides information on immigration. 2000-census.html?scp=1&sq=2000%20census%20 Dēmos, 220 5th Ave., 5th Floor, New York, NY 10001; (212) 633-1405; and%20sampling&st=cse. www.demos.org. Liberal research and advocacy group that follows economic, 60 Ibid. voter-participation and other policy issues. 61 Linda Greenhouse, “Jarring Democrats, Court Election Data Services, 6171 Emerywood Ct., Manassas, VA 20112; (202) 789-2004; Rules Census Must Be by Actual Count,” The www.electiondataservices.com. Political consulting firm specializing in redistricting, New York Times, Jan. 26, 1999, www. election administration and analysis and presentation of census and political data. nytimes.com/1999/01/26/us/jarring-democrats- court-rules-census-must-be-by-actual-count. Heritage Foundation, 214 Massachusetts Ave., N.E., Washington, DC 20002-4999; html?scp=1&sq=census%20and%20sampling (202) 546-4400; www.heritage.org. Conservative think tank that studies wide range %20and%20supreme%20court&st=cse. of policy issues, including the census. 62 James Burnett, “Night of the census taker,” National Association of Counties, 25 Massachusetts Ave., N.W., Washington, DC The Boston Globe, Oct. 18, 2009, www.boston. 20001; (202) 393-6226; www.naco.org. National organization representing county com/bostonglobe/ideas/articles/2009/10/18/look_ governments. out_obama_is_sending_his_minions_to_your_ National Institute for Latino Policy, 101 Avenue of the Americas, Suite 313, house_the_deep_history_of_a_conspiracy_theory/. New York, NY 10013; (800) 590-2516; www.latinopolicy.org. Nonprofit think tank 63 Joseph Curl and Kara Rowland, “Census that focuses on policies affecting the Latino community. battle intensifies; GOP leader threatens law- suit,” The Washington Times, Feb. 13, 2009, Pew Research Center, 1615 L St., N.W., Suite 700, Washington, DC 20036; (202) www.washingtontimes.com/news/2009/feb/13/ 419-4300; www.pewresearch.org. Nonpartisan group that provides information on issues, attitudes and trends shaping the United States and world. gregg-withdrawal-foreshadows-census-debate/. 64 “Times Topics: Acorn,” The New York Times, Prison Policy Initiative, P.O. Box 127, Northampton, MA 01061; www.prisonpolicy.org. http://topics.nytimes.com/top/reference/times Nonprofit group that researches impact of Census Bureau policy that counts people topics/organizations/a/acorn/index.html. where they are incarcerated rather than in their home communities. 65 Cristina Corbin, “ACORN to Play Role in Russell Sage Foundation, 112 East 64th St., New York, NY 10065; (212) 750-6000; 2010 Census,” FOXNews.com, March 18, 2009, www.russellsage.org. A research center on the social sciences that performs scholarly www.foxnews.com/politics/2009/03/18/acorn- analysis of census results. play-role-census/. 66 The Associated Press, “Census Bureau Drops U.S. Census Bureau, 4600 Silver Hill Rd., Washington, DC 20233; (301) 763-4636; Acorn from 2010 Effort,” The New York Times, www.census.gov. Federal agency that conducts the decennial census. Sept. 12, 2009, www.nytimes.com/2009/09/12/ us/politics/12acorn.html. 113-128. 29/opinion/29mon2.html?scp=1&sq=count%20 67 Quoted in David Stout, “Obama’s Census 72 Sam Roberts, “New Option for the States on us%20in%20favor&st=cse. The bill is HR 4945 Choice Unsettles Republicans,” The New York Inmates in the Census,” The New York Times, and S 3167. Times, April 3, 2009, www.nytimes.com/2009/04/ Feb. 11, 2010, www.nytimes.com/2010/02/11/us/ 77 “Statement in Support of The Census Over- 03/washington/03census.html?scp=6&sq=gary% politics/11census.html. sight, Efficiency and Management Reform Act,” 20locke%20and%20judd%20gregg%20and%20 73 Erica L. Green, “Baltimore will gain resi- The Census Project, March 25, 2010, www.the census&st=cse. dents in prison count shift,” The Baltimore censusproject.org/letters/cp-fmrdirs-bill-25march 68 Timothy J. Alberta, “Census Nominee Rules Sun, April 24, 2010, http://articles.baltimoresun. 2010.pdf. Out Statistical Sampling in 2010,” The Wall Street com/2010-04-24/news/bs-md-inmate-census- 78 Ibid. Journal, May 15, 2009, http://online.wsj.com/ 20100425_1_prison-towns-state-and-federal- 79 “Census on Campus: Students’ Frequently article/SB124241977657124963.html. inmates-census-bureau. Asked Questions,” U.S. Bureau of the Census, 69 “A Surprise Reaction,” op. cit. 74 See also Dēmos, “A Dilution of Democracy: http://2010.census.gov/campus/pdf/FAQ_Census 70 Terri Ann Lowenthal, “Taking Stock: A Mid- Prison-Based Gerrymandering,” www.demos.org/ OnCampus.pdf. Census Reality Check,” The Census Project Blog, pubs/prison_gerrymand_factsheet.pdf. 80 Ed O’Keefe, “Was 2010 Census a Success?” April 20, 2010, http://censusprojectblog.org/. 75 Reamer, “Counting for Dollars,” op. cit. Federal Eye blog, The Washington Post, April 26, 71 For background see Jennifer Gavin, “Re- 76 “Count Us in Favor,” The New York Times, 2010, http://voices.washingtonpost.com/federal- districting,” CQ Researcher, Feb. 16, 2001, pp. March 29, 2010, www.nytimes.com/2010/03/ eye/2010/04/was_2010_census_a_success.html.

www.cqresearcher.com May 14, 2010 453 CQ Press Custom Books - Page 95 Bibliography Selected Sources

Books Santos, Fernanda, “Door to Door, City Volunteers Try to Break Down Resistance to the Census,” The New York Anderson, Margo J., ed., Encyclopedia of the U.S. Census, Times, March 31, 2010, www.nytimes.com/2010/04/01/ CQ Press, 2000. us/01count.html?scp=1&sq=Door%20to%20Door,%20city An expert on the census who is a professor of history and %20volunteers%20try%20to%20break%20down&st=cse. urban studies at the University of Wisconsin, Milwaukee, of- The work of volunteers in helping to encourage participation fers dozens of articles on topics ranging from redistricting is crucial, as demonstrated by their efforts in New York City, to government use of census data, plus an appendix with a reporter finds. historical data. Williams, Juan, “Marketing the 2010 census with a Anderson, Margo J., and Stephen E. Fienberg, Who Counts? conservative-friendly face,” The Washington Post, March 1, The Politics of Census-Taking in Contemporary America, 2010, www.washingtonpost.com/wp-dyn/content/article/ Russell Sage Foundation, 1999. 2010/02/28/AR2010022803364.html. Census expert Anderson and a professor of statistics and The Census Bureau has responded to challenges from con- social science at Carnegie Mellon University examine how well servatives with “unprecedented outreach,” including putting the census counts the U.S. population. the bureau’s name on a NASCAR auto.

Nobles, Melissa, Shades of Citizenship: Race and the Cen- Reports and Studies sus in Modern Politics, Stanford University Press, 2000. An MIT political scientist examines issues surrounding race “Preparing for the 2010 Census: How Philadelphia and during U.S. and Brazilian censuses and argues that “census- Other Cities Are Struggling and Why It Matters,” Pew Char- taking is one of the institutional mechanisms by which racial itable Trusts, Oct. 12, 2009, www.pewtrusts.org/uploaded boundaries are set.” Files/wwwpewtrustsorg/Reports/Philadelphia-area_grantmak ing/Census%20Report%20101209_FINAL.pdf?n=8566. Articles Most of the 11 cities studied had less money and smaller staffs for local census preparation than they did a decade Farley, Rob, “Census takers contend with suspicion and ago, raising concerns about undercounting in urban areas. spin over the 2010 count,” St. Petersburg Times, April 11, 2010, www.tampabay.com/incoming/census-takers-contend- Prewitt, Kenneth, “The American People, Census 2000: with-suspicion-and-spin-over-the-2010-count/1086739. Politics and Science in Census Taking,” Russell Sage The newspaper examines three assertions about the census Foundation and Population Reference Bureau, 2003, designed to quell Republican fears that the census is intrusive www.thecensusproject.org/factsheets/PrewittSAGE-PRB- and cumbersome. Census2000Report.pdf. A former Census Bureau director writes in this lengthy and Roberts, Sam, “New Option for the States on Inmates in useful analysis that while the census may sound “dull and tech- the Census,” The New York Times, Feb. 11, 2010, www.ny nical,” it “is a drama at the very center of our political life.” times.com/2010/02/11/us/politics/11census.html?scp=1&sq =new%20option%20for%20the%20states%20on%20inmates Williams, Jennifer D., “The 2010 Decennial Census: Back- %20in%20the%20census&st=cse. ground and Issues,” Congressional Research Service, In time for congressional and legislative reapportionment, April 27, 2009, http://assets.opencrs.com/rpts/R40551_ the Census Bureau in May 2011 will give states more flexi- 20090427.pdf. bility on how to count prison inmates. “Far from being simple . . . , the attempt to find and cor- rectly enumerate 100 percent of U.S. residents is increasingly Robertson, Campbell, “Suspense Builds Over Census for complicated and expensive,” declares this overview. New Orleans,” The New York Times, April 7, 2010, www. nytimes.com/2010/04/08/us/08orleans.html?scp=1&sq= On the Web suspense%20builds%20over%20census%20for%20new%20 The Census Bureau (www.census.gov) offers extensive data orleans&st=cse. and other information on the U.S. population, households, The final census count for hurricane-battered New Orleans business, congressional districts and more. A separate Web “will go far in determining how [the city] thinks about itself, site for Census 2010 (www.2010.census.gov) includes details, whether it is continuing to mount a steady comeback or in multiple languages, about this year’s decennial census, whether it has sputtered and stalled,” says The Times. plus a blog by Census Bureau Director Robert M. Groves.

454 CQ Researcher CQ Press Custom Books - Page 96 CHAPTER

EUROPE'S IMMIGRATION TURMOIL 5 BY SARAH GLAZER

Excerpted from Sarah Glazer, CQ Global Researcher (December 2010), pp. 289-320.

CQ Press Custom Books - Page 97 CQ Press Custom Books - Page 98 Europe’s Immigration Turmoil BY SARAH GLAZER

Boston Globe religion colum- nist James Carroll commented, THE ISSUES “On both sides of the Atlantic, hooting at mosques a rising tide of xenophobic and killing muezzins hostility toward immigrants is S aren’t usually part of threatening to swamp the foun- election campaigns in Aus- dation of liberal democracy.” 4 tria. * But such measures were While it’s tempting to draw featured in “Bye Bye Mosque,” parallels to the recent upsurge an online video game in American anti-Muslim hos- launched by the anti-immi- tility, important differences exist grant Freedom Party (FPÖ) between U.S. Muslims — main- during September elections in ly educated and professional the industrial state of Styria. — and Europe’s Muslims, work- Local party leader Gerhard ers who migrated primarily Kurzmann — who says a from rural villages in countries multicultural society “can only like , and be a criminal society” — de- . European Muslims fended the game, which closed are “more like the black com- with the message “Styria is full munities of the United States of minarets and mosques. So — in terms of handicaps and that this doesn’t happen (in social problems,” such as high reality): Vote . . . the FPÖ!” 1 unemployment, school dropout The game was taken down and welfare dependency rates, AFP/Getty Images/Robyn Beck AFP/Getty Images/Robyn shortly after protests from the African migrants at a detention camp in await notes Shada Islam, senior pro- opposing Green Party, which immigration processing, which can take up to 18 months. gram executive at the Euro- pointed out that there are no Hundreds of African “boat people” arrive each year on the pean Policy Centre think tank minarets in Styria. But Kurz- Mediterranean island — the European Union’s smallest member in Brussels. And Europe’s Mus- mann’s party apparently ben- state — after risking their lives at sea trying to migrate to the lims don’t enjoy as much main- EU, primarily from North Africa. efited from the heated debate stream political support as about the game: For the first American Muslims do. time since 2005 the Freedom Party gained in their governments, Dutch politician “I haven’t heard a single European a seat in the nine-member provincial gov- Geert Wilders — charged this year with politician stand up and say what ernment. Even in cosmopolitan Vienna, inciting racial hatred for his rabidly anti- Mayor [Michael] Bloomberg of New where the party pushed for referendums Muslim statements — has become the York and others say in the United banning minarets, it won more than a main power broker in his country’s States” in defending Muslims who quarter of the vote in October’s provin- coalition government. 3 want to build a mosque near Ground cial elections, spurring speculation the Rhetoric and anti-immigrant code Zero, observes Islam. party could dramatically affect national words once reserved for right-wing, European immigration experts are par- elections in three years. 2 xenophobic parties have seeped into the ticularly disturbed by the growing power Fringe factions like the Freedom Party speeches of mainstream politicians. Ger- of anti-immigrant parties. For instance, have been gaining support across West- man Chancellor Angela Merkel’s un- Wilders’ party won promises from the ern Europe, most surprisingly in two characteristically blunt remark in Octo- new Dutch government to cut immi- countries traditionally known for their ber that the nation’s “multicultural” gration from non-Western (presumably tolerance — and the Nether- experiment — to “live happily side-by- Muslim) countries in half and to make lands. And while Swedish and Austri- side” with foreign workers — has “ut- it harder for workers from those coun- an mainstream parties so far have re- terly failed” was widely interpreted as a tries to bring over their spouses. “For sisted including such minority parties criticism of the nation’s 4 million Mus- the first time we have a government that lims, most of Turkish origin. Referring to is singling out a specific group of citi- * Muezzins are the mosque criers who call America’s own recent brouhaha over a zens; . . . it’s pure discrimination,” says faithful Muslims to prayer five times a day. proposed mosque near Ground Zero, Continued on p. 293

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France, Germany and Britain Saw Largest Influx More than 3.5 million immigrants became permanent citizens of European Union countries between 2004 and 2008, nearly 60 percent of them settling in , Germany and the . The migrants were from both EU and non-EU countries. Countries with fewer job opportunities, such as Poland and , saw only modest increases.

Number of New Citizens in EU Countries, 2004-2008

ICELAND ARCTIC OCEAN

WHITE Migrant Influx SEA

Below 20,000 NORWEGI 20,000-70,000 AN FAEROES SEA

ia 125,000-300,000 n th SWEDEN o B

Above 500,000 f o

f l SHETLAND IS. u G

ATLANTIC HEBRIDES land ORKNEY IS. Fin of ulf OCEAN G

SCOTLAND Gulf o Ri ak err kag ga S f NORTHERN A E IRELAND S NORTH C Isle of I T IRELAND Man SEA L A IRISH SEA B UNITED KINGDOM RUSSIA WALES ENGLAND POLAND HANNEL ENGLISH C GERMANY

LUXEMBOURG SLOVAK REPUBLIC SEA OF Bay of FRANCE Biscay AZOV

SLOVENIA ROMANIA BOSNIA- BLACK MONACO SAN- HERZEGOVINA ANDORRA MARINO SEA ADR Corsica Elba I ATIC SEA KOSOVO MONTENEGRO BALEARIC IS. MACEDONIA Minorca Sardinia Ibiza Majorca TYRRHENIAN Golfo St Ta AEGEAN rait o ra di f Gib M E D nto raltar I T SEA E R R A TURKEY N E SE A N IONIAN A

S SEA E A

ALGERIA MALTA Crete

Source: , August 2010

292 CQ Global Researcher CQ Press Custom Books - Page 100 Continued from p. 291 Jan Willem Duyvendak, a sociology pro- Germany Has the Most Foreign-Born Residents fessor at the University of Amsterdam. Even more disturbing, say experts, Nearly 10 million foreign-born residents live in Germany — more than in any is the trend of mainstream politicians other European Union (EU) country. More than 2 million Turks live in the EU, adopting similar anti-immigrant posi- making Turkey the largest source of EU immigrants. tions. The National Front, France’s most right-wing party, has declined in pop- EU Countries with the Most Foreign-born Residents, 2009 ularity since it peaked in 2002, when (in millions and as a percentage of total population) its leader Jean-Marie Le Pen came in second in presidential elections. But Foreign-born population (in millions) if it no longer garners as much sup- port, that’s in part because French Pres- 10 9.6 ident Nicolas Sarkozy “gives people a 8 7.1 respectable way” of echoing the 6.3 6 party’s anti-immigrant sentiments, says 11.6% 4.4 4 11.0% Philippe Legrain, the British author of 13.8% the 2007 book, Immigrants: Your Coun- 7.3% 1.8 2 1.3 1.2 1.0 try Needs Them. 10.9% 13.8% 11.1% 2.7% 0 “There’s a great temptation among Germany France Spain Italy Nether- Sweden Greece Poland* mainstream politicians to adopt the lands rhetoric and the xenophobic diatribes of populist parties,” says Islam, who is “very Home Countries of EU’s 10 Largest Foreign Populations, 2009 alarmed” by this trend. “People in these (in millions and as percentage of total EU immigrant population) uncertain times want to know there is one guilty party,” and Muslims have be- Foreign population come a convenient scapegoat, she says. (in millions) 2.4 In the past year, anti-immigrant 2.5 2.0 hostility has emerged in various 2.0 1.8 rhetorical and legislative forms in sev- 1.5 1.5 7.5% 1.3 eral European countries: 6.2% 5.8% 1.0 1.0 0.9 • In the Netherlands, the coalition 1.0 0.8 0.7 4.6% 4.0% government that took power in Oc- 3.2% 3.1% 0.5 2.9% 2.5% 2.1% tober agreed to Wilders’ demands 0.0 to pursue headscarf bans and mea- Turkey Romania Morocco Poland Italy Albania Portugal United Germany China sures making it harder for immi- Kingdom grants’ spouses to join them. The agreement followed the strong third- * Provisional data place showing of Wilders’ Freedom Source: Katya Vasileva, “Foreigners Living in the EU Are Diverse and Largely Younger Than the Party in national elections. 5 Nationals of the EU Member States,” Eurostat, August 2010 • In France, Sarkozy expelled Ro- manian and Bulgarian Roma, also • In a referendum in Switzerland, campaign called for banning full- known as Gypsies, a move that nearly 58 percent of voters sup- face veils, new mosques and most violated European Union agree- ported a ban on new minarets on new immigration from Muslim coun- ments on antidiscrimination and mosques in 2009, and a majority tries. 7 Also in Sweden, authorities the free movement of EU citizens say they want to ban the burqa. 6 warned in October that in 15 sep- between countries, according to • In Sweden, the anti-immigrant arate shootings this year one or human rights groups. The parlia- Swedish Democrat Party doubled more snipers had targeted “dark- ment banned the public wearing its support in September from the skinned” residents of Malmo, killing of the Muslim burqa, a full-body last election — to nearly 6 percent one and wounding eight. 8 covering that exposes only the — allowing members to sit in par- • In Britain, Conservative Prime Min- eyes through a mesh screen. liament for the first time. The party’s ister David Cameron was elected

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after promising to cut immigration in some countries. Ireland and Ger- ers feel about jobs, pensions and ben- from hundreds of thousands to many, for instance — where booming efits in budget-cutting Europe. 15 Oth- “tens of thousands,” and his gov- economies attracted foreign workers ers say Europeans worry about losing ernment temporarily capped non- for years — are now seeing more out- their national identities in increasingly EU immigration — to become migration than in-migration, as the diverse societies that don’t subscribe to permanent next year. economies of those countries slow down America’s melting-pot cultural heritage. • In Italy, Roman officials bulldozed or, in the case of Ireland, flounder. 11 Sarkozy’s mass expulsion of the 200 Roma squatter camps, which Experts point out that the number Roma was widely viewed as a ploy some say was aimed at getting of immigrants entering Western Eu- to satisfy right-wing voters, as was his them to leave Italy. 9 rope from majority Muslim countries support for banning burqas and strip- ping French citizenship from natural- ized citizens who commit violent crimes. “Sarkozy, with very low approval rat- ings, is trying to shore up or gain sup- port among the far right and supporters of the National Front,” says John R. Bowen, a Washington University, St. Louis, anthropologist and author of the 2007 book Why the French Don’t Like Head- scarves. “The burqa ban looks like it’s about Islam, but all of these [initia- tives] are really about immigrants and about a deal for the far right.” Still, much of Europe’s recent anti- immigrant hostility has focused on Mus- lims, and that often seems to include Muslims born on the continent or who are citizens. In the Netherlands, Wilders once proposed taxing headscarves for “polluting” the landscape. Similar sen- AFP/Getty Images/Denis Charlet Afghan migrants receive food handouts from a nongovernmental organization in Calais, timents in Germany helped to boost France, in November, 2009, after riot police bulldozed a makeshift camp used as a base to former central banker Thilo Sarrazin’s sneak across the English Channel into Britain. Resentment toward immigrants has grown in new book, Germany Does Away with recent years throughout Europe as the weak economy intensifies unemployment. Itself, to the top of bestseller lists. The Meanwhile, recent polls show that is dwarfed by the number coming from book claims Muslim immigrants are sizable percentages of Europeans feel non-Muslim countries, especially from “dumbing down” society and coming immigrants drain welfare benefits, dam- the EU. (European Union governments to Germany only for its generous wel- age the quality of life and make it are required by law to accept other EU fare benefits. 16 harder to get jobs. In a Financial citizens, as well as all political refugees “The Turks are taking over Germany Times poll in September about 63 per- deemed eligible for political asylum.) 12 . . . with a higher birth rate,” Sarrazin cent of Britons thought immigration For example, Germany now has more has said. “I don’t want the country of my had harmed the National Health Ser- people emigrating back to Turkey than grandchildren and great-grandchildren vice and the education system. In Spain, Turks entering Germany, and the other to be largely Muslim, or that Turkish where 20 percent of the workers are countries sending the most migrants to and Arabic will be spoken in large jobless, 67 percent of respondents Germany last year — Poland, Roma- areas, that women will wear headscarves thought immigration made it harder to nia, Bulgaria and the United States — and the daily rhythm is set by the call find a job, and nearly a third said im- weren’t Muslim at all. 13 Austria, home of the muezzin.” 17 migration lowers wages. 10 of the anti-Muslim Freedom Party, has Sarrazin’s book dared to break a Paradoxically, Western Europe’s anti- more immigrants arriving from Germany politically correct silence about Ger- immigrant fervor is peaking just as the than from Turkey. 14 many’s real problems with its Turkish recession has been slowing immigra- Some experts blame growing anti- population: high rates of unemploy- tion and even reversing immigrant flows immigrant hostility on the insecurity vot- ment and welfare dependency com-

294 CQ Global Researcher CQ Press Custom Books - Page 102 bined with low education levels, even among second- and third-generation Anti-Immigration Parties Score Election Gains immigrants. 18 In a survey released in October, 30 percent of respondents Right-wing, anti-immigrant political parties have made significant gains in believed Germany was “overrun by recent parliamentary elections in several traditionally liberal European nations. foreigners” seeking welfare benefits, 19 The Freedom Party in the Netherlands, for example, garnered 16 percent of and 58.4 percent thought German the vote in the latest election, up from zero percent seven years earlier. Two Muslims’ religious practices should be parties in Austria — the Freedom Party and the Alliance for the Future of “significantly curbed.” 20 Newspapers Austria — combined to earn more than one-quarter of the votes in 2008. are filled with politicians’ statements about Muslim immigrants’ inability to Percent of Votes Won by Anti-Immigrant Parties integrate — ironically, just when Turkish migration has declined dramatically, Norway Austria and more people are leaving Germany (Progress Party) for Turkey than entering. 21 (See graph, 25% 30% 25 p. 298.) 20 20 Some mainstream politicians and 15 15 Freedom Party 10 economists argue that Western Europe’s 10 Alliance for the aging population needs young migrants 5 Future of Austria 5 0 to expand the work force, pay social 1993 1997 2001 2005 2009 2008200620021999199519941990 security taxes and keep the economy growing, considering Europe’s low birth rates and coming retiree bulge. “Eu- Netherlands Denmark rope’s feeble demographic outlook” (Freedom Party) (Danish People’s Party) means that continued support of its 20% 15% generous state-funded health and welfare 15 12 benefits is “incompatible” with the desire 9 10 to “ring-fence their national cultures with 6 controls on immigration,” editorialized Tony 5 3 Barber, former Brussels bureau chief of 0 0 2003 2006 2010 1994 1998 2001 2005 2007 the Financial Times. 22 Yet perceptions of immigration are Source: European Election Database often more about fear and protecting one’s culture than about demographics “hasn’t been opposed effectively by any Demographer Reiner Klingholz, di- or economics. Statistics “don’t address other kind of discussion, particularly on rector of the Berlin Institute for Popula- the feeling of unease that voters have the left.” tion Development, suggests Germany fol- [about] ‘What kind of society are we As Western Europeans struggle with low the American example of the Wild developing into? What’s happening to their fears about immigration and its West: encourage settlement and “mas- our culture?’ ” says Heather Grabbe, impact on their economies, jobs and sive” in-migration. 23 Even if Germany executive director of the Open Society culture, here are some of the questions could increase its annual net immigra- Institute, a think tank in Brussels con- being asked: tion rate back up to the levels of a few cerned with immigrants’ rights. Much years ago (about 100,000-200,000), anti-immigrant sentiment perceives Does Europe need its immigrants? Klingholz calculates, the population would Islam as an alien, threatening ideolo- Former central banker Sarrazin’s best- decline by 12 million by 2050 — a “blood- gy, even though many Muslims were seller claiming immigrants “drag down” letting” similar to emptying Germany’s born in Europe. Germany triggered an eruption in the bl- 12 largest cities. Young, booming nations “This is not about recent migration,” ogosphere from Germans who say they’ve like , China and Brazil will have a says Grabbe. “This is about several gen- had enough immigration. Yet large swathes clear economic advantage, he says, and erations of migration and people who of eastern Germany are becoming de- when they also begin to age and need are in many cases very well-integrated populated due to the country’s extremely to recruit young workers from abroad, into communities.” And the right’s po- low birth rate and greater out-migration there will be no workers left to immi- litical rhetoric about national identity than in-migration over the last two years. grate into “good old Europe.”

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The recent fiscal crisis has shined a countries have already turned to immi- eigners living in the European Union is laser on two trends that will force all Eu- grants to solve some of their labor short- 34.3, about six years younger than that ropean governments deeper into debt: ages, such as Turkish taxi drivers in Berlin of the national population. 25 The per- Europe’s burgeoning aging population and and African chambermaids in Italy. centage of older persons in Europe’s fertility rates that are too low to replace Because immigrants tend to be younger population is expected to rise even the current populations. 24 Thus, gov- than native-born populations, they can more in nearly all of the EU, primari- ernments across Europe face the specter offer an important solution to the loom- ly because people are living longer and of having to support a huge generation ing pension and demographic crises, some birth rates are declining. But migration of retiring baby boomers with too few experts argue. According to the most re- will help sustain population growth — young workers to pay the social securi- cent figures from Eurostat, the EU’s sta- where it exists — between now and ty taxes needed to support them. Many tistical office, the median age for for- 2030, according to Eurostat. 26 Homeless Migrants in Britain Feel the Pain With winter coming, jobless immigrants are sleeping on the street.

hen 22-year-old Polish immigrant Michal Anisko´ showed turning to alcohol,” McGuire says. “The more they’re turning to up in October at a homeless day shelter in Slough, alcohol, the less employable they’re becoming.” W England, he was a far cry from the stereotypically London has seen a similar trend. At the latest count, 954 successful “Polish plumber” often blamed in British tabloids for people — about a quarter of those found sleeping on the street depriving native workers of jobs. — were from Eastern Europe, according to London’s Combined His weather-beaten face showed the strain of having slept Homeless and Information Network. That is more than triple on park benches for four months, ever since returning to this the number counted in 2006-2007. Across the country, 84 per- charmless, industrial suburban town outside London — known cent of homeless day centers have reported an increase in the for its factories, plentiful jobs and big Polish community. After number of Eastern European migrants using their services, ac- finding only spotty employment in his native Poland for a year, cording to Homeless Link, which represents 480 homeless or- England had drawn him back with memories of an earlier year ganizations in the U.K. 2 of steady work in restaurant kitchens, car-washes and con- Because Anisko’s´ past employers paid in cash, which was struction. But that was before the recession hit Slough; when off-the-books, he’s not eligible for unemployment or housing he returned this summer, the temp agency that had found him benefits available to registered immigrants who have worked those jobs had shut down. legally for a year — another contradiction to the widespread Even the Polish food shop window, which he remembered British view of immigrants as “welfare scroungers.” Anisko’s´ in- crammed with help-wanted placards, was comparatively bare. “These eligibility for welfare is typical of homeless migrants from East- days there are only a few jobs posted, and when I ring up, they ern Europe, either because their jobs are illegal or migrants say someone already took the job,” he said through an interpreter. can’t afford the $145 fee to register as a worker, experts say. Desperate, Anisko´ took an illegal job as a construction - The European Commission has said Britain’s policy of deny- er, but when he asked for his pay, his employers beat him up. ing housing, homeless assistance and other social benefits to im- Slough is only one barometer of Britain’s economic down- migrants from Eastern Europe who have not been registered turn since 2004, when Poland and seven other former Soviet workers for at least 12 months is discriminatory and violates EU bloc countries joined the European Union and thousands of rules on free movement and equal treatment. The United King- Poles — just granted the right to work anywhere in the EU dom has two months to bring its legislation in line with EU law, — were attracted to England’s booming economy. 1 Three or the commission said on Oct. 28. Otherwise, the commission may four years ago only one or two Eastern European migrants per decide to refer the U.K. to the EU’s Court of Justice. 3 day came through the door of Slough’s Save Our Homeless Also in October, the Polish charity Barka UK offered Anisko´ shelter seeking a hot meal or a shower. a free plane ticket back to Poland and help finding work there. “We’re now looking at 30 or 40 a day using our service, But he refused, saying it would be even more difficult to find because they’re sleeping on the street,” Mandy McGuire, who a job back home. Six of his fellow migrants from Slough had runs the shelter, said in October. Typically, the men, most of accepted Barka’s offer and flew home the previous week, ac- them older and more street-hardened than Anisko,´ have lived cording to McGuire. in Slough for four or five years and once earned enough at While most of Britain’s approximately 1 million Polish im- low-skilled jobs to send money home and rent a room. “But migrants have fared well in England, about 20 percent — gen- now the work’s gone, their accommodations are gone; they’re erally older men who don’t speak English — have failed to

296 CQ Global Researcher CQ Press Custom Books - Page 104 find a steady source of income, according to Ewa Sadowska, chief executive of Barka UK. 4 “This is a communist generation that spent most of their lives under a regime where everything was taken care of by the state,” she says. Some were lured to London by sham em- ployers who advertised British jobs in Polish newspapers, then

took their money and passports when they arrived in England, Getty Images/Dan Kitwood according to Sadowska. Discouraged by Britain’s sagging job market, Polish immigrants in After the Soviet Union began disintegrating in 1989, Barka London board a bus to return to Poland on May 20, 2009. Thousands of Polish workers flocked to Britain after Poland’s UK was founded in Poland by her parents, two psychologists, entrance into the European Union in 2004 eliminated to help homeless, troubled individuals. Barka was first invited barriers to Poles working in other EU countries. to London in 2007 by one of the local councils in a neigh- borhood where homeless Polish immigrants were sleeping on the streets. Since then, Barka has been working in a dozen The temperature had just dropped to freezing the previous London boroughs and in nearby Slough and Reading at the October night. As winter approaches, McGuire says, “My per- invitation of local governments, which fund their outreach work. sonal concern is that those that don’t want to go back will be Besides a free plane ticket, Barka offers help in Poland with freezing to death out there.” alcohol and drug addiction. Unregistered migrants in Britain don’t qualify for rehab or detox programs under England’s Na- — Sarah Glazer tional Health Service. Often, homeless migrants are ashamed to go back home and be seen by their families as economic 1 The eight Eastern European countries that joined the EU in 2004, there- failures, says Sadowska. by granting their citizens working rights in the U.K. are: Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, and . In 2007, Bul- “We help them to understand it’s pointless to stay in London garia and Romania were accepted into the EU, but with only limited work- and die on the street,” says Sadowska. So far, 1,248 mainly Polish ing rights in the U.K. The homeless figures in this sidebar include migrants from all new EU countries in Eastern Europe. See www.belfasttelegraph.co. migrants have returned to Eastern Europe with Barka’s help. uk/business/help-advice/employment-issues/eu-nationals-and-their-rights-to- Slough residents have complained of drunken noisemakers work-14314169.html#ixzz13Xz341HR. and rat infestations at makeshift homeless camps. Slough’s local 2 “Snap 2010,” Homeless Link, www.homeless.org.uk/snap-2010. newspaper ran a front-page picture on Sept. 24 of a homeless 3 “Commission Requests UK to End Discrimination on Other Nationals’ Right camp beneath a discarded billboard under the headline “How to Reside as Workers,” news release, European Commission, Oct. 28, 2010; 5 http://ec.europa.eu/social/main.jsp?langId=en&catId=457&newsId=917&further Can We Be Proud of This?” News=yes. Asked if Slough is funding Barka just to export a local nui- 4 The Civic Institute for Monitoring and Recommendations estimates that sance, McGuire said: “We’re certainly not saying, ‘Go back to about 20 percent of approximately 1 million Polish migrants who live in the U.K. don’t speak English, lack a stable income, have health problems Poland and stay there.’ We’re saying, ‘Go back, get yourself (including addictions) and lack access to organized information sources. sorted out. If you’ve got an alcohol problem, address that; 5 “How Can We Be Proud of This?” Slough Observer, Sept. 24, 2010, p. 1, maybe get trained with a skill that’s needed over here so it’s www.sloughobserver.co.uk/news/roundup/articles/2010/09/25/48537-how-can- comparatively easy to find work.’ ” we-be-proud-of-this-/.

In a new report, experts at the Or- same unemployment benefits they immigrants are a valuable resource, and ganisation for Economic Co-operation give to natives — another inflamma- employers need to see this.” and Development (OECD) in Paris say tory issue among voters this year. 27 Yet skeptics suggest that as more migration is the key to long-term eco- “There is no escaping the fact that women enter the labor force and as nomic growth. For their own eco- more labour migration will be needed native-born Europeans begin working nomic self-interest, the report urges, in the future in many OECD countries, beyond their traditional retirement age, European countries should be open- as the recovery progresses and the cur- which is generally in the late 50s, more ing — not closing — citizenship to rent labor market slack is absorbed,” immigrant workers may not be need- foreigners. And, the authors argue, gov- said John P. Martin, OECD’s director of ed at all. In Austria, life expectancy is ernments should be helping immigrants employment, in an editorial. 28 “In a now about 20 years past the average who have lost jobs by giving them the world where labour is becoming scarcer, retirement age of 58 for women and

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they could eat up more in welfare Germany’s Turks Reverse Course benefits than they pay in taxes, sug- gest some experts and anti-immigrant Reflecting Germany’s poor job market, 10,000 more people have been voices in Britain. 29 emigrating from Germany to Turkey each year since 2008 than have been A recent British study examined the arriving. German anti-immigrant sentiment is growing, despite the fact that impact of Eastern European immigra- only 30,000 Turks immigrated into Germany last year — about half as many tion into the U.K., where in 2004 a as in 2002. flood of young Poles and other East- ern Europeans began entering Britain No. of Turks Returning to Turkey, 2000-2009 after their countries joined the EU. Al- 60,000 Arriving from Turkey, 2000-2009 though Polish immigrants often gen- erated resentment among working class 50,000 voters, the study found that immigrants from the new EU countries had actu- 40,000 ally contributed more in taxes than they consumed in welfare benefits. Ac- 30,000 cording to the study, these immigrants were 60 percent less likely than na- 20,000 tives to collect state benefits, tax cred- 2000 2002 2004 2006 2008 2009 its or subsidized housing. (Estimate) “They made a positive contribution Sources: Organisation for Economic Co-operation and Development, Destatis to public finance,” according to study author Christian Dustmann, professor 59 for men, so many older people prob- Lutz, “The low birth rate may be the of economics at University College Lon- ably will remain in the work force years best thing that could happen to Eu- don. Eastern European immigrants paid longer than in the past, says Wolfgang rope. Otherwise there would be lots 37 percent more in taxes than they Lutz, demographer at the International of unemployment.” received in public goods and services Institute of Applied Systems Analysis in Moreover, countries like Germany in 2008-2009. 30 Laxenburg, Austria, outside Vienna. And are getting the wrong kind of migrants Despite these positive findings, as for women entering the work force, — low-skilled, uneducated workers that Dustmann doesn’t think immigration countries like Germany and Austria — don’t contribute much to the econo- can solve the problem of aging so- with their traditions of stay-at-home my or taxes, says Ruud Koopmans, di- cieties needing younger immigrant mothers — have a long way to go to rector of migration and integration re- labor. “It’s only a quick fix,” not a catch up with Scandinavian countries, search at the Social Science Research long-term solution, he says, because where women play an equal part with Center in Berlin. “We need immigrants, immigrants will eventually age and men in the work force, he points out. it’s quite clear; but we do not need will also require social security. “I “Reforms to labor markets to re- the immigrants we are getting so far,” don’t think immigrants can solve our duce barriers to working — like child- he says. “Europe has not succeeded demographic problems.” care policies for women — are going in being attractive enough for highly Still, foreign workers could defuse an- to be more important, quantitatively, skilled immigrants from India or other other demographic time bomb, argues than immigration,” says Madeleine Asian countries. Usually, we’re getting author Legrain: the need for workers to Sumption, policy analyst at the Mi- immigrants for whom there are no care for the elderly. The demand for gration Policy Institute in Washington, shortages in the labor market.” such workers will skyrocket in the health D.C. “If immigration were to solve the Skeptics of the immigration solu- and eldercare industries, he predicts, as problem alone, the scale of numbers tion also question whether underpaid, the share of Europe’s population over you’d have to have coming in would low-skilled immigrants can really bail age 80 almost triples by 2050. 31 be politically impossible.” out governments from their pension “Many of these jobs are low-skilled, It’s also possible that technology will shortfall, since the taxes they pay will low-paid jobs that Europeans don’t improve future productivity, enabling be relatively small due to their low in- want to do,” he argues. “Who’s going Europe to produce the same amount comes. With immigrants’ unemploy- to work in the care homes?” of goods and services with fewer ment rates running at twice those of But Sir Andrew Green, chairman of workers. Under that scenario, says European natives in the recent crisis, Migration Watch, a British group that

298 CQ Global Researcher CQ Press Custom Books - Page 106 wants to cut migration, says access to cheap migrants is precisely why these kinds of jobs are so “appallingly badly paid.” He considers it “immoral” to im- port what he calls “an underclass” to care for the elderly. “In the short term it does make elder care affordable,” he says, “but in the long term it’s a bad policy” that will contribute to Britain’s projected popu- lation growth and the nation’s already crowded highway and mass transit sys- tems. “And we are a small island,” he notes, citing statistics showing that Britain is about twice as densely populated as France and about 12 times as crowd- ed as the United States. Ironically, both sides in the debate admit, when governments try to limit low-skilled immigration, they send cul- turally hostile signals to the very same high-skilled workers they hope to at- tract to their country. “If you’re an In- dian IT specialist, why go to Germany?” Legrain asks. “Even in a high paid job, you’ll be made to feel unwelcome, you’ll feel excluded from the rest of society” and will pay higher income tax than in the United States, “where you’ll have no problem fitting in.”

“That’s the striking thing: Europe is AFP/Getty Images/Denis Charlet so terrified of immigrants, and in- A Roma girl plays with her doll on Sept. 8, 2010, in an illegal camp in Lille, France. After creasingly immigrants don’t want to France began expelling illegal Roma immigrants in July, the European Parliament on Sept. 9 come to Europe,” he observes. demanded that France suspend the expulsions. Italian police also recently demolished illegal Roma settlements on the outskirts of Rome in an effort to force the Roma back to Romania and Bulgaria. Should European governments do more to integrate immigrants? lowed to seek German citizenship, and a choice,’ ” and Turks, who “are also Chancellor Merkel’s remark that children born in Germany to Turkish very nationalistic.” multiculturalism has “utterly failed” in immigrant parents did not automatical- Turks without German citizenship Germany reflects a growing sentiment ly become German citizens. A 2000 law cannot vote in Germany or play a part that foreigners and their children should that made it easier for Turks to become in the political process. “They’re still not assimilate more into German society. German citizens spurred an initial surge politically integrated, and that affects the Referring to the nation’s majority pop- of applications, but applications have degree of identification of Turks in Ger- ulation as “we,” Merkel went on to tell declined steadily in recent years, pri- many with their home country,” Koop- the youth branch of her party, “We feel marily because Germany does not per- mans acknowledges. First- and second- tied to Christian values. Those who mit dual citizenship. 33 Many Turks do generation Turkish immigrants share don’t accept them don’t have a place not want to give up their Turkish citi- some of the blame for that, he says. here.” That comment seemed to put the zenship, even if that means being re- The tendency for Turkish pride to blame squarely on Turks, not Germans, quired to do military service in Turkey. come before German identification was for their failure to assimilate. 32 “We have two nationalisms clash- recently illustrated by a widely viewed Yet, for many years Turkish Gastarbeit- ing,” says Berlin sociologist Koopmans: video clip of young German-speaking ers (guestworkers) were not even al- “Germans saying, ‘You have to make Turks booing German-Turkish soccer

www.globalresearcher.com December 2010 299 CQ Press Custom Books - Page 107 EUROPE’S IMMIGRATION TURMOIL star Mesut Özil, as he played for the enjoy equal rights and that domestic vi- While some politicians may see German team in the World Cup. olence (including honor killings and fe- these requirements as a way to keep “Mesut Özil is no Turk!” shouted male genital mutilation) will be pun- Muslims out, Koopmans defends them: young Turks decked out in the colors ished. In the Netherlands, Austria and “It’s an attempt by European countries of the Turkish flag, angry at Özil for Germany, religiously conservative Mus- to do something the classical immigra- choosing to play for Germany rather lims are “a particular target group of tion countries like Canada and than Turkey. To many Germans, the these tests,” according to a study. 36 have done all along, namely selective film clip was yet another sign that In the Netherlands, “what began as an immigration,” or recruiting the highly Turks don’t want to integrate. 34 immigration-integration policy has turned skilled workers they need, not low- But that’s not the whole story, says into the opposite: a no-immigration pol- skilled immigrants who will become German economist Sabine Beppler-Spahl, icy,” concluded migration expert Chris- welfare dependent. an editor at the libertarian German mag- tian Joppke, a professor of political Most of today’s European immigration azine Novo Argumente. At her children’s science at the American University of involves relatives of current residents, and predominantly Turkish public school in Paris. The integration tests and other governments are trying to make it more Berlin, Turkish children arrived waving requirements are aimed at keeping out difficult for those family members to em- German flags and rooted for the team low-skilled family immigrants, particu- igrate. Often the would-be immigrant is during the World Cup, she reports. Ger- larly Muslims of Turkish and Moroc- a bride-to-be from the home country. mans are just as much to blame for cre- can origin, he said. 37 Even Muslims born in the Netherlands ating two parallel societies, she suggests. To Dutch sociologist Duyvendak, such or Germany tend to import wives from “A lot of middle-class German peo- tests are clearly discriminatory. “The their parents’ native land. About 80 per- ple moving to the suburbs have virtu- wrong answers on these multiple-choice cent of second-generation Turks and Mo- ally no contact with Turks,” she says. tests . . . have implicit prejudices about roccans in the Netherlands marry some- “Their kids don’t go to school with them Muslims,” he says. “People taking the one from their country of origin, and don’t have Turkish friends in their test feel they’re depicted as backward Koopmans notes. Typically, they are immediate circle. Middle-class Germans and intolerant.” Several years ago, the highly religious, have low levels of ed- agree with [former German central banker] Netherlands garnered international at- ucation and can’t speak the language of Sarrazin because they go into the city tention for a video it showed would-be their new country — all factors associ- and see women with headscarves” and immigrants abroad of topless women ated with high welfare dependency and are frightened by the sight of young sunbathing and gay couples kissing. “You the delay of assimilation for generations. Turks hanging out on the streets, whom can only understand this when you see “The children of these immigrants they assume are unemployed, on wel- how monocultural the Dutch are,” will be raised in the Berber dialect fare and have criminal tendencies. Duyvendak says, a homogenous culture and start with the same disadvantage In an effort to require greater “in- with clearly progressive values. as children of the first generation,” he tegration” of immigrants into their so- But other experts say language re- says. So language and other assimila- cieties, some European governments quirements and citizenship tests help tion requirements are “good for edu- have begun to require courses on their immigrants achieve economic inde- cational and labor market integration.” national culture and language and citi- pendence. A recent study by Koop- Unlike the United States, where the zenship tests as a precondition for em- mans found that countries like Ger- immigrant bears the cost of not learn- igrating to their country. The Nether- many, Austria and France, which make ing English — in the form of poorer lands, once known for its tolerance, welfare benefits or visas dependent on job prospects — welfare-generous Eu- led the way in this trend in March 2006, a certain amount of assimilation (such rope pays the bill, through higher requiring applicants for family reunifi- as language tests and obligatory inte- welfare costs if an immigrant doesn’t cation to take an “integration” test at a gration courses) tend to produce bet- assimilate, Koopmans argues. “That gives Dutch embassy abroad as a precondi- ter results for immigrants than coun- receiving societies more of a right to tion for being granted even a temporary tries like Sweden, with traditionally make demands on immigrants than in residence permit. Since then similar poli- easy access to citizenship and gener- the United States, where it’s your choice,” cies have been adopted by Finland, Den- ous welfare benefits. Countries like whether to learn English or adjust to mark, Austria, Germany and France. 35 Germany, which have stricter immi- American ways, he says. In the Dutch citizenship tests, would- gration prerequisites, have more immi- But Beppler-Spahl says Germany’s be immigrants must understand that it grants who are employed, less crime citizenship tests are a superficial re- is acceptable for unmarried and gay among immigrants and less residential sponse designed to assuage Germans’ couples to live together, that women segregation, Koopmans finds. 38 fears about immigrants not integrating

300 CQ Global Researcher CQ Press Custom Books - Page 108 New Integration Policies Seen as Discriminatory Critics say the tough rules target non-EU immigrants.

ritish university graduate Emily Churchill began to cry they will end up dependent on social welfare with integration when she heard the announcement that starting this fall, problems.” France, too, has introduced language tests as a pre- Bforeign spouses must pass an English test overseas be- requisite for entry for prospective marriage migrants. Under pres- fore being allowed to join their British spouses. sure from the anti-immigrant Danish People’s Party, the Danish Last summer she married an aspiring Palestinian filmmaker government is dropping its age minimum of 24 — but only for named Basel whom she had met while studying abroad in those immigrant spouses who speak Danish and have high lev- the previous winter and with whom she speaks Arabic. els of education and work experience. 3 The policies are aimed The British government has refused their first two attempts to at reducing the number of immigrants with low skill levels “for obtain a visa for him. The English test “epitomized how I felt whom there is no demand in the labor market,” Koopmans says. we’d been treated by the system and the government approach In Germany, newly arrived immigrants from non-EU coun- to make spousal immigration as difficult as possible,” she says. tries must, at the discretion of immigration authorities, partici- In announcing the new requirement, Home Secretary There- pate in a government-funded integration course that includes sa May said it “will help promote integration, remove cultural 600 hours of German language instruction and a 30-hour ori- barriers and protect public services.” 1 But because the rule ap- entation on German culture, history and law. Thousands of plies only to non-EU immigrants, Churchill feels it is more about people are on waiting lists for the courses, but budget cuts discrimination than integration. “If Basel were British or Italian, suggest the waiting lists will only get longer, according to Der we would not be apart,” she wrote on a Guardian newspaper Spiegel, Germany’s leading news magazine. 4 blog. 2 Under European Union agreements, immigrants from EU Anti-discrimination laws limit the extent to which such re- member countries are allowed free movement within the EU. strictions can target only immigrants, Koopmans says, so some Some experts charge that marriage rules like this — along countries pass sweeping laws, such as the Dutch decision to with strict age limits and required integration courses for would- abolish welfare benefits for anyone under 27. Though it sounds be immigrant spouses — are discriminatory because they are draconian, the law appears to have improved immigrants’ em- aimed only at non-EU immigrants. Such restrictions also get vocal ployment rates and reduced dependence on welfare. However, support from anti-immigrant politicians with growing electoral power Duyvendak points out, the job market was already booming in several European countries. For example, the Netherlands gov- when the law was passed. ernment has agreed in principle to the anti-immigrant Freedom Party’s demand to follow Denmark’s example by raising the age — Sarah Glazer for immigrant spouses from 21 to 24. The Dutch marriage partner would also have to earn 120 percent of the minimum wage. 1 “UK Marriage Visa Applicants will have to pass English tests,” June 10, “If you’re 23 and want to bring your bride from Turkey or 2010, www.workpermit.com/news/2010-06-10/uk/uk-marriage-visa-applicants- english-language-test.htm. Morocco and you don’t earn enough, you cannot marry the part- 2 Emily Churchill, “Being with your spouse is a right, not a privilege,” Guardian, ner you want,” says Jan Willem Duyvendak, a sociology profes- June 14, 2010, www.guardian.co.uk/commentisfree/2010/jun/14/foreign- sor at the University of Amsterdam. “Whereas, if you’re 24 and spouse-language-tests-immigration-system. want to bring someone from Bulgaria, Rumania or a European 3 “PM: 24-year-rule expands to points system,” Copenhagen Post Online, Nov. 8, 2010, www.cphpost.dk/news/politics/90-politics/50410-pm-24-year-rule- country, then it is possible. That shows how discriminatory it is.” expands-to-. But Ruud Koopmans, director of migration research at the 4 “Migrants on the Waiting List,” Spiegelonline, Oct. 25, 2010, www.spiegel.de/ Social Science Research Center in Berlin, says the measures are international/germany/0,1518,725118,00.html and “German Integration Summit Delivers Little,” Spiegelonline, Nov. 4, 2010, www.spiegel.de/international/ “a good thing because many of these migrants came from rural germany/0,1518,727238,00.html. regions not knowing how to read and write. Almost certainly that doesn’t solve the country’s real prob- a lower-intelligence population of Turks “That’s wrong. . . . Why say that peo- lems. “Our problem is we’re not using intensifies the perception that the prob- ple from poor families will stay poor the potential we have,” she says. “If we lem lies with the immigrants rather and will never make it? That’s where have young Turkish children, we should than with Germany’s educational sys- the racism starts flowing in.” ask ourselves, ‘Why are they failing in tem, she contends. “I don’t believe Sar- German schools, and what can we do razin’s theory that, ‘There’s a limited Should immigrants be required about that?’ ” intelligence pool, and we’re getting the to follow local customs? Sarrrazin’s controversial assertion that low end of a nation’s limited intelli- Liberals, feminists and anti-immigrant Germany is being “dumbed down” by gence pool,’ ” says Beppler-Spahl. conservatives can become strange

www.globalresearcher.com December 2010 301 CQ Press Custom Books - Page 109 EUROPE’S IMMIGRATION TURMOIL bedfellows when it comes to one issue of Law in Newark, N.J., strongly sup- the commission that advised the gov- in Europe: banning the burqa. Dutch ported the French headscarf ban. Be- ernment to institute the ban. And the right-wing populist Wilders sounds fore the ban, she wrote, gangs of law has been enforced over the last like some feminists when he argues young men in immigrant neighbor- six years with very little protest, he that the burqa is “a medieval symbol, hoods of Paris had taken to raping has pointed out. 45 a symbol against women.” 39 young girls who wore miniskirts or Devout Muslim girls who still want France, which banned headscarves went to the movies. Many French Mus- to wear the headscarf can attend the for students attending public schools lim women’s groups supported the ban religious schools that operate in in 2004, recently banned public wear- on the grounds that girls were fre- France under contract to the govern- ing of the burqa. Italy, Belgium, the quently forced by their family or an ment, he points out (though most such Netherlands, Austria, Denmark and older brother to wear the headscarf. schools are Christian): “We have a dual Switzerland have considered similar The French Algerian feminist Fadela system that works well.” legislation. Amara called the veil a “visible sym- To Weil and other supporters, the Some see the move as a thinly veiled bol of subjugation.” 41 headscarf ban was about upholding anti-Muslim policy, others as a strike More recently, leading German fem- a basic French principle: separation for women’s freedom and integrating inists Alice Schwarzer and Necla Kelek between government and religion with- Muslims into mainstream society. came out in support of proposed burqa in state schools. But as for adult women Washington University anthropologist bans in Germany. Kelek said the gar- walking in the streets, he sees the Bowen described France’s national unity ment has nothing to do with religion burqa ban as an assault on women’s around the headscarf ban as stemming and comes out of an ideology where basic freedom to wear what they from the French philosophy that citi- “women in public don’t have the right want. “I think it’s unconstitutional. I zens must all subscribe to the same to be human.” 42 don’t like the burqa, and very few values. That desire for “shared values” Human rights groups, however, people in France are in favor of it, played strongly in the French support have generally opposed both headscarf but I say these women have the right of the burqa ban, he says. and burqa bans. “Treating pious to go in the street dressed as they “In France everyone is expected women like criminals won’t help inte- wish,” he says. “That’s a fundamental to potentially interact with every- grate them,” said Judith Sunderland, se- human right.” one else; wearing a burqa is cut- nior researcher with the Europe and Paradoxically, of the fewer than ting oneself off from that sort of in- Central Asia division of Human Rights 2,000 women who don burqas in teraction. That’s the justification the Watch in April. 43 France today, a quarter of them are justice minister gave when it was These same human rights groups, converts to Islam, and two-thirds have being debated,” Bowen explains. “All Bennoune counters, “would not come French nationality, according to gov- the other arguments — it oppress- out in favor of Christian prayer in ernment estimates. 46 es women, it’s against human dig- American schools . . . or the right “These are a small number of young nity — really don’t work because to wear a swastika [once a religious women — several hundred — trying no women are complaining. How symbol, now a political one] in a out their relationship to their religion can you say it harms them if no European classroom, because they and to the rest of society,” Bowen one’s complaining?” understand the potential impact on says. “To stigmatize them seems wrong- But some Muslim women, like Al- other students and are able to ap- headed from the point of view of so- gerian-American law professor Karima preciate the political meaning in cial psychology.” Some research indi- Bennoune, do see the veil as inher- context.” 44 cates that young Muslim women may ently oppressive. She remembers dri- Patrick Weil, a University of Paris use headscarves as a way to negoti- ving into Algiers during the Algerian immigration historian, said the French ate with their families for more free- civil war of the 1990s, when armed headscarf ban was largely a reaction dom, to attend university, for exam- fundamentalist groups were killing to gangs of young Muslim men threat- ple. Banning the veil will, if anything, women who went out unveiled. “I ening Muslim girls who did not wear prompt a more fundamentalist reac- knew that my bare head, like those a scarf in school. “The law was en- tion among such women, some crit- of the thousands of Algerian women dorsed by the majority of Muslims; it ics predict. who refused to submit, was marked preserved the freedom of Muslim girls,” After the French Senate passed the with a target,” she writes. 40 maintains Weil, author of the 2008 book burqa ban in September, some Muslim In a 2007 law review article, Ben- How to Be French, Nationality in the women said they would remain clois- noune, who teaches at Rutgers School Making Since 1789, who served on Continued on p. 304

302 CQ Global Researcher CQ Press Custom Books - Page 110 Chronology

1977 52; disaffected African immigrants 19th Century France offers to pay immigrants to riot in Paris suburbs. European nations colonize much leave — with little success. of the Muslim world, providing 2006 source of immigrant labor. • Netherlands requires applicants for family reunification to pass integra- 1830 tion test abroad. French control of Algeria, Morocco 1990s-2000s and Tunisia leads to exodus of Terrorist attacks focus govern- 2007 Muslim immigrants to France. ments to monitor extremism EU admits Bulgaria and Romania among Muslim residents. Thou- but with limited working rights. . . . • sands of migrants from Eastern Radical immigrants try to blow up Europe move West; Europe be- Glasgow, Scotland, airport. . . . gins requiring immigrants to Germany, Denmark foil extremist 1950s-1960s integrate. Anti-immigrant par- terrorist plots. After deaths of millions of ties make electoral gains, even working-age men in World as global economic crisis slows 2008 War II, Europe recruits immi- . As worldwide recession begins, grants to rebuild economy. migration starts to slow. Number of Turkish “guestwork- 1995-1996 ers” in Germany surges. Euro- Radical Algerian group seeking 2009 pean resentment against immi- Islamist state explodes bombs in Swiss ban new minarets on mosques. grants grows. Paris subways and trains. . . . Immigration to Spain, Ireland falls drastically; unemployment among 1954-55 1998 foreign-born youth exceeds 40 per- Germany begins recruiting tempo- Al Qaeda calls on Muslims to kill cent in Spain, 37 percent in Sweden. rary foreign workers from Italy Americans and their allies. and Spain, later from Turkey. 2010 2000 Anti-immigrant parties make elec- 1961 Germany makes it easier for Turk- toral gains in Sweden, Netherlands, Germany signs a recruitment agree- ish guestworkers and their children Austria. . . . Conservatives take ment with Turkey to import guest to become citizens. power in Britain with pledge to workers for two-year periods. reduce immigration. . . . French Sept. 11, 2001 President Sarkozy expels Roma • Al Qaeda attacks World Trade from France. . . . French parliament Center and Pentagon, killing nearly bans the burqa in public. . . . Ger- 3,000 people. man bestseller spurs debate on 1970s-1980s Muslim integration. . . . Migration Jobs for immigrants dwindle in 2002 Policy Institute says European im- recession; Europe limits workers’ Far-right Dutch leader Pim Fortuyn, migration has come to a “virtual immigration but lets in families, who criticized Muslims for not as- halt.” . . . British government causing more Muslim immigra- similating, is murdered. places temporary ceiling on skilled tion. Palestinian intifadas, riots immigrants from outside EU, in Britain, Saudi money for 2004 prompting industry protests. . . . fundamentalist Wahhabi teach- Thousands of Eastern Europeans New Dutch government pledges to ings stoke religious extremism. move to Western Europe to work. halve non-Western immigration. . . . France bans headscarves in schools. European Commission withdraws 1974 . . . Madrid subway bombings kill threat of legal action against France France, Netherlands institute “immi- 191; radical Islamist kills Dutch film- for expulsion of Roma. . . . France gration stop” policies. Immigration maker Theo Van Gogh. pledges to bring its immigration from Muslim countries triples in law in line with EU rules. . . . France, increases tenfold in the 2005 German Chancellor Merkel says Netherlands in next three decades. London’s “7/7” transit bombings kill multiculturalism has failed. www.globalresearcher.com December 2010 303 CQ Press Custom Books - Page 111 EUROPE’S IMMIGRATION TURMOIL

Continued from p. 302 public, judging from polls and recent tered in their homes rather than go out interviews. 49 unveiled, boding badly for increased Muslim groups in Britain protest- BACKGROUND integration. 47 ed in 2006 when Labour member of In a 2006 court case, Begum v. Parliament and ex-foreign secretary Headteacher, the British House of Lords Jack Straw said he asked Muslim con- Colonial Roots upheld a British high school’s author- stituents to remove their veils from ity to prohibit a young girl from wear- their faces when they came to his of- odern Muslim migration in Eu- ing a jilbab (a dark cloak) to school fice. Some Muslim community spokes- Mrope began in the late 19th cen- and found that the prohibition did not men claimed Straw was being dis- tury as a result of Europe’s colonial violate human rights. 48 Yet in a coun- criminatory. Straw argued that and trading activities. Those historic try like Britain, with its long tradition face-to-face communication was bet- patterns largely explain the different of freedom of expression, most peo- ter when you could “see what the ethnic groups that migrated to each ple disapprove of the government other person means, and not just hear country and, to some degree, their ac- banning the wearing of burqas in what they say.” 50 ceptance by those societies. Gypsies Face Poor Education, Discrimination In traditional clans, girls drop out of school early.

wenty-four-year-old Sara Kotowicz seems like any other munity” — one that faced extermination under the Nazis and fashionably dressed Londoner finishing her university ed- persecution under communist regimes. Tucation. But she is a rare exception in her clan of Pol- “Twenty years ago I never found a 16- or 17-year-old girl ish Roma, or Gypsies. Girls in her large extended family are who was unmarried,” says Heather Ureche, a consultant with expected to marry by 15 or 16, have children right away and the charity Equality, which helps Eastern European Roma mi- stop attending school — despite living in 21st-century London. grants in Britain. 2 “Now I do. It’s changing slowly, but we still Kotowicz, whose family migrated to England when she was 11, have quite a way to go.” married at 17, the upper age-limit for acceptable marriage in her “A lot of people in Eastern Europe say the Roma are not family. But her decision to pursue a degree in interior design dur- educated, the parents don’t want their children in school, don’t ing her first year of marriage subjected her to severe criticism. value education. That’s not true — in general,” says Stewart. “Within the community you’re expected to do the duties of a “The problem is they’re very badly treated — humiliated and wife. There’s no time for school,” says Kotowicz, whose one con- put into separate classes for the hard-to-educate.” cession to Gypsy attire is her long black skirt. Each morning as In Romania, few Roma children continue school after age she left for class, she faced a scolding from her mother-in-law — 9 or 10, according to Ureche. Moreover, she says, “Roma parents “You should think of washing clothes, looking after your hus- are often worried about sending young girls into coed school band” — harassment that drove her and her husband, uncharac- settings just after puberty for fear they’ll get in trouble with non- teristically, to move out of his family’s home. Roma boys.” Throughout Europe, experts say, the lack of education is Children in Roma culture generally are given great inde- probably the single greatest impediment to the advancement pendence at an early age and are expected to have the ma- of the Roma, along with discrimination. 1 British professionals turity needed to be a parent by 14, experts report. “If you’re who work with Romanian and Polish Roma immigrants say it’s an academically ambitious 13-year-old girl in a traditional sometimes difficult to convince Roma parents to allow their Romany family, it is really tough,” Stewart observes. “You have children to attend school, because in their home countries — a battle on your hands to persuade your parents to let you go Poland, Romania, Hungary and Slovakia — Roma children often on and study.” Some younger Roma from traditional families were consigned to segregated schools or backwater classes for are bucking the trend, such as Viktoria Mohacsi, who repre- the mentally handicapped. sented Hungary as a member of the European Parliament from For traditional Roma families where girls are commonly ex- 2004 to 2009. 3 pected to marry as early as 14, girls who become mothers Getting a high school education is becoming more accept- enjoy high status, says Michael Stewart, an anthropologist at able for Roma girls in London, says Kotowicz, who is a youth University College London, who studies the Eastern European advocacy worker for the Roma Support Group, a London charity. Roma. “There’s enormous value in traditional Romany com- But she still has trouble persuading teenage girls from her munities in becoming mothers — literally reproducing the com- community to continue their education.

304 CQ Global Researcher CQ Press Custom Books - Page 112 A recent visit to a house in North London illustrated some of the striking differences in how Romanian Roma families raise their children. As school was letting out, an array of spirited children, ages 4-16, some related to the family and some not, paraded through the tiny kitchen. All seemed perfectly com- fortable eating something from the refrigerator, whether they lived there or not. Unlike British and American culture, where childhood is viewed as a separate phase of life that can last until age 18,

for the Roma “young children have enormous autonomy,” Stewart CQ Press/Sarah Glazer explains. “Children are never told off, never told, ‘You mustn’t do School uniforms identify two Roma sisters — Violeta Stelica, 8, (right), and Nicoleta Mihai, 6, (left) — as public school students in that.’ Children learn not to do things through making mistakes North London on Oct. 11, 2010. But in traditional Roma families rather than through constant correction; the assumption is that across Europe, girls often drop out in order to get married, by the age of 10 or 13 Romany people are autonomous moral sometimes as early as age 14. agents — what we would call adults.” These cultural values sometimes create serious problems for Yet the view of Roma children as beggars and thieves is Roma families in Britain, says Sywia Ingmire, coordinator of the widespread in Europe. In a recent street survey in three cities, Roma Support Group. “Children are the responsibility of every more than 60 percent of those questioned associated Gypsies adult visiting the home; children are passed from hand to hand,” with negative activities like thievery. 5 In Europe, Ureche says, she says. But sometimes “bewildered social workers” think a prejudice against Gypsies “is the last bastion of racism.” child is being trafficked. For instance, in 2008 several large ex- tended Roma families were living together in the town of — Sarah Glazer Slough. In a series of dawn raids on 17 houses, 24 Roma adults were arrested, supposedly for taking Roma children from their 1 Angela Doland, “Lack of Schooling Seen as Root of Gypsy Woes,” The families and forcing them into a life of crime. But nine days Associated Press, Oct. 9, 2010, www.google.com/hostednews/ap/article/ ALeqM5hA_jAjgctB4r_ZYfw645v7vLBlWAD9IOJLD01?docId=D9IOJLD01. later, none of the 24 adults arrested at the scene had been 2 See Equality’s website, at http://equality.uk.com/Welcome.html. charged with child trafficking offenses, and all but one child 3 “Interview: Viktoria Mohacsi,” Foreign Policy, Oct. 20, 2010, www.foreignpolicy. had been returned to the Roma community in Slough. 4 com/articles/2010/10/20/interview_viktoria_mohacsi. “These stories about rings of trafficking people are often 4 Helen Pidd and Vikram Dodd, “From Brilliant Coup to Cock-up. How the Story of Fagin’s Urchins Fell Apart,” Guardian, Feb. 2, 2008, www.guardian.co. built more on exaggeration and fantasy than a good empirical uk/uk/2008/feb/02/immigration.ukcrime. basis,” says Stewart, who finds that children who beg and steal 5 Heather Ureche, “Racism in a Velvet Glove,” Oxfam Poverty Post, Sept. 10, 2009, are a small minority of Europe’s Roma population. www.oxfamblogs.org/ukpovertypost/2009/09/racism-in-a-velvet-glove%E2%80%A6/.

By the late 1800s, France, Britain and and other African territories, while other Bangladeshis from the 1970s. For much the Netherlands had gained control over European countries recruited workers from the same reason, in the postwar eco- most of the world’s Muslims. France con- their colonies and territories. nomic boom, France, Germany and the quered Algiers in 1830, eventually lead- However, Europe — where residents Netherlands also recruited immigrants from ing to French control of Algeria, Moroc- had long been immigrating to the Unit- their former colonies, and in some cases, co and Tunisia. The British colonized ed States in search of a better life — did the mother countries gave preferential India (which included modern-day Pak- not become a major immigrant destina- treatment to former colonists wanting to istan and Bangladesh). The Dutch dom- tion until the 1950s, when it needed work- enter the country to work. inated trade in Southeast Asia, where ers to help rebuild cities and economies Some former colonials integrated more today’s Indonesia — the world’s most ravaged by World War II. After the quickly into their new home countries populous Muslim nation — became a wartime deaths of thousands of working- than others. Muslims from francophone Dutch colony after the Dutch East India age men, England sought workers from Africa, for instance, have been more in- Company relinquished control. By the throughout the British Empire, in part be- terested in becoming part of France than end of the 19th century, France was im- cause they would speak English: Indians Turks have been in Germany, where they porting low-paid workers from Algeria and Pakistanis came from the 1950s on, have no cultural links, argues Bowen, of

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Washington University. “The very bitter- ness of France’s colonial history channels Muslims toward demanding inclusion in French society,” Bowen wrote. “They, or their parents or grandparents, came from former French territories in North or West Africa, where they learned that they were now part of the grand story of France, albeit in second-class roles.” 51 After World War II, when a devastat- ed Germany needed immigrant labor to help rebuild, Germany’s choice of work- ers would have long-term repercussions. In the mid-1950s, Germany instituted an active immigration policy, first for Italian and Spanish farmworkers. 52 Later, as the economy boomed and industry needed labor, the government turned to North Africa and Turkey for workers, who were Getty Images/Tiziana Fabi expected to stay only two years. “The German and Austrian govern- ments had recruitment offices in the least- developed rural areas of Anatolia to re- cruit illiterate Turks because of the false belief that if they can’t read, they won’t join trade unions and make trouble,” ex- plains Viennese demographer Lutz. But unlike Czech and Ukranian mi- grants who settled in Austria earlier, Turks did not become absorbed into the soci- ety or even learn the language in many cases. “Many Turks didn’t think they would stay,” Lutz says, “nor did society.” Indeed, most European governments saw the recruitment of immigrant labor as a temporary measure. Temporary “guestworker” programs were initiated in Germany, Belgium and Sweden, re-

AFP/Getty Images/Carl De Souza cruiting first from Italy and Spain and For and Against Immigrants later from the Mediterranean, North Africa and the Middle East. Kurdish immigrants in Rome wave the Kurdistan flag and portraits of their historical Turks made up the largest percent- leader Abdullah Ocalan during Italy’s first nationwide “day without immigrants” age of German migrants. And the Gas- strike on March 1, 2010 (top). The rally was one of dozens held around Europe in tarbeiter (guestworker) program was a the last year to protest harsh anti-immigrant measures taken by European governments, “hard-currency bonanza” for Turkey, ac- which some critics say are particularly targeting Muslim immigrants. Anti- cording to author Christopher Caldwell, Muslim sentiment was evident in Harrow, North London, on Sept. 11, 2009 (bottom), a columnist for The Weekly Standard and when riot police quelled clashes between Muslims and anti-Islamic extremists Financial Times whose book, Reflections protesting outside a London mosque on the anniversary of the 9/11 attacks in the on the Revolution in Europe, chronicles United States. how Muslims transformed postwar Eu- rope. The Turkish government peti- tioned hard for inclusion in the program,

306 CQ Global Researcher CQ Press Custom Books - Page 114 and the single Turkish men who arrived to work in German mines and steel ‘Immigration Stop’ Policies Radical Islam Emerges plants discovered they could make far more money than in Turkey. The num- uring Germany’s 1966-67 reces- uring the 1980s some young Mus- ber of Turkish guestworkers in Germany Dsion, many laid-off guestworkers Dlims, frustrated by job discrimi- burgeoned from 329,000 in 1960 to 2.6 returned home only to find the Turk- nation, turned to their religion as a million by 1973, the year the program ish economy in crisis. But when the source of identity. Europe became a was discontinued. 53 1973-77 global recession hit, many mi- target of proselytizing campaigns, But the workers found Germany at- grants stayed in their adopted coun- helped along by the distribution of tractive, and the gap steadily widened tries, even if they were unemployed Saudi Arabian petrodollars, which fi- between what natives understood the — spurring European fears that im- nanced the construction of new program to mean and what the work- migrants would compete for jobs. EU mosques and Islamic schools. Saudi ers understood. German corporations governments between 1973 and 1975 money specifically supported the spread pressured the government to make the instituted an “immigration stop” poli- and teaching of the ultra-conservative Gastarbeiter contracts renewable, to allow cy, aimed at deterring immigration and Wahhabi strand of Islam. 60 workers’ families to join them and to per- halting overseas recruitment. 56 Acts of terrorism in the 1990s and early mit those that had started families to stay. The number of new foreign work- 2000s fueled fears of radical Islamists. Be- A “rotation clause” intended to limit a ers arriving declined, but migration con- tween 1995 and 1996, radical Algerians foreign worker’s stay in Germany to two tinued — primarily due to extended exploded bombs on Paris subways and years was removed from the German- families joining the original immigrant or trains, adding to French anti-immigrant Turkish guestworker treaty in 1964, part- new spouses arriving on marriage visas. sentiment. France and other nations ex- ly due to industry pressure. 54 Today, most immigration into Western pelled radical Islamists, and members of Europe’s acute manpower shortages, Europe involves family migration. the French secret services dubbed the however, were not chronic, Caldwell Paradoxically, more immigrants came British capital “Londonistan” for its role writes. In the 1960s, migrants were man- to Europe during the decades after the as a refuge for radical Islamist groups. ning soon-to-be obsolete linen mills in “stop” policies were instituted than arrived Then on Feb. 23, 1998, al Qaeda France and textile mills in England. The in the preceding decades, largely because leader Osama bin Laden issued a jobs would soon be eliminated, creat- of family immigration. In the Netherlands, fatwa stating that all Muslims had a ing joblessness among migrants and a the number of first-generation Moroccan duty to kill Americans and their allies growing anti-immigrant reaction. and Turkish immigrants increased tenfold — civilian or military — around the On April 20, 1968 — two weeks after in the three decades following the 1974 world. Islamic liberation movements the assassination of the Rev. Martin Luther halt. By 2003, the number of North Africans worldwide began to shift their empha- King, Jr., triggered riots in Washington, in France was triple the number from sis from national revolution to localized, D.C., and other major U.S. cities — Con- before the government started restricting violent terrorism. servative British Parliament member immigration. 57 The Sept. 11, 2001, attacks on the Enoch Powell warned that Britain’s grow- Since then, EU governments have Pentagon and World Trade Center, in ing immigration would lead to similar tried repeatedly to discourage immi- which nearly 3,000 people died, violent conflicts between immigrants and gration. Some, like France, have even would change forever the way Eu- Britons. Already, he claimed, the native- offered monetary incentives and con- ropeans looked at their Muslim neigh- born English “found themselves made tinued welfare support to immigrants bors. Although directed by al Qaeda strangers in their own country,” and he who return home. Most of the pro- and carried out by mostly Saudi Ara- quoted a constituent’s prediction that “in grams ended in failure. 58 bian jihadists, the attacks had been 15 or 20 years’ time the black man will Experts say once an immigration dy- planned by a group of English- have the whip hand over the white namic has been established between speaking Muslims at a mosque in man.” Citing the poet Virgil, he said, “I countries it is hard to stop. In Belgium, Hamburg, Germany. 0 seem to see ‘the River Tiber foaming Turkish immigrants from Emirdag settled “September 11 turned the spotlight with much blood.’ ” 55 in Brussels and Ghent, with family and on European Muslims and made peo- Powell received enthusiastic letters in friends living on the same street with ple feel insecure; they started looking response from British natives, and much their neighbors from back home. at Muslims through a security prism,” of the British debate since then has been Bangladeshis settled in East London, while says the European Policy Centre’s Shada over whether Powell’s “rivers of blood” Pakistanis from Punjab and Kashmir set- Islam. Soul-searching about whether predictions would prove correct. tled in Birmingham and Bradford. 59 Europe was becoming a breeding ground

www.globalresearcher.com December 2010 307 CQ Press Custom Books - Page 115 EUROPE’S IMMIGRATION TURMOIL for terrorists intensified after a string of Hungary, Latvia, Lithuania, Poland, Slova- by dating men outside their ethnic group. terrorist attacks tied to Muslim extrem- kia, Slovenia, Cyprus and Malta. Under One such case particularly spurred out- ists: the Madrid subway bombings in EU rules, citizens of those countries were rage: A 20-year-old Kurdish woman, who 2004; the murder of Dutch filmmaker free to move to any member country to repeatedly sought help from police, was Theo Van Gogh by a radical Islamist work, and thousands of Eastern Euro- killed in 2006 by her father and uncle, the same year; the “7/7” 2005 London peans poured into Western Europe. In prompting an investigation into police transit bombings that killed 52. 2007, Bulgaria and Romania were ad- handling of the case. The Independent But rather than focus on jobs, edu- mitted, but citizens of those countries do Police Complaints Commission found in cation and disaffected youth — the root not have full working rights in most EU- 2008 that officers had failed to follow causes of integration problems — Islam 15 countries. 64 up promptly on murder victim Banaz says, the debate about Muslim immi- While the EU was opening its east- Mahmod’s assault allegations, and the grants was no longer about social dis- ern borders, impoverished West Africans Commission recommended “reinforc- advantages. Suddenly, “it was as if every continued to risk their lives to enter Eu- ing” police officers’ knowledge about Muslim in Europe was a potential ter- rope from the south. During the early honor-based violence. 66 rorist.” Islam says the current wave of 2000s, scores of Africans drowned when Police “may be worried that they will anti-immigrant, anti-Muslim sentiment their over-packed small boats capsized be seen as racist if they interfere in an- would not have “reached this point if en route to Spanish territory. And in 2005, other culture,” Diana Sammi, director of September 11 had not happened.” an estimated 11,000 would-be migrants the Iranian and Kurdish Women’s Rights In 2002 far-right Dutch politician Pim tried to enter Spain by scaling a 10-foot organization, said at the time. 67 Fortuyn (who had criticized Muslims for wall surrounding Melilla — a tiny coastal After Sept. 11 and the Fortuyn and not assimilating) was murdered by a Spanish enclave on Morocco’s northern Van Gogh murders, even the Nether- Dutch man who said he was protect- coast. Three immigrants died in the at- lands, long considered the leading pro- ing Muslims. Then in 2004, filmmaker tempts. And in one brazen, pre-dawn in- ponent of multiculturalism, adopted more Theo van Gogh, who had made a film cident, about 500 Africans stormed the restrictive immigration policies. Other critical of the treatment of women by barrier, using 270 ladders crafted from countries followed suit, including those Muslims, was murdered in broad day- tree branches. About 100 migrants made in Scandinavia, which attempted to limit light on an Amsterdam street by a it into the Spanish territory before being arranged marriages from abroad. Since Dutch-born son of Moroccan immigrants. detained by police. 65 then, women’s rights advocates have As Dutch Financial Times columnist supported legislation to protect women Simon Kuper puts it, “violence associ- from forced marriages, which they see ated with Muslims suddenly entered the Examining Multiculturalism as often being linked to honor killings. public debate. Nowhere else in Europe In Norway, participation in a forced mar- has the far right done so well out of s fear of Muslim extremism and riage brings up to six years in prison; 9/11” as in the Netherlands. 61 Aterrorism spread after 9/11, Euro- Denmark requires that a spouse brought In Britain, young Muslims said 9/1l peans began to question whether ter- into the country be at least 24 years old — and the London transit suicide-bomb rorism was caused by a failure to in- — as must the resident spouse. attacks on July 7, 2005, by radical British tegrate immigrants into society. In their Defending these laws, Unni Wikan, Muslims — made them identify as Mus- soul-searching, many became increas- a professor of social anthropology at the lims more than they had before. In 2007, ingly critical of multicultural policies University of Oslo, said Scandinavian Muslim doctors from India and the Mid- — which sometimes meant govern- countries felt their values — including dle East working in Britain tried to blow ment funding of religious and ethnic the belief in gender equality — were up the airport in Glasgow, Scotland, and groups or taking a hands-off attitude being threatened by Muslim communi- authorities foiled Muslim plots to blow toward cultural traditions that may ties that failed to integrate. She said sev- up a U.S. military base in Frankfurt, Ger- conflict with European laws. eral governments were considering many, and a bomb attack by Muslims For example, some critics blamed such laws because “we’re afraid we’re in Copenhagen. 62 Polls by the Pew Re- laissez-faire multiculturalism for the fail- leading toward a society that’s break- search Center found that Muslims in ure to prevent up to a dozen suspect- ing up into ethnic tribes.” 68 France, Spain and Britain were twice as ed “honor killings” every year among Islam, of the European Policy Cen- likely as U.S. Muslims to say suicide Britain’s Muslim communities. In these tre, agrees forced marriages and honor bombs can be justified. 63 cases, the women were murdered by killings should be treated as crimes: In 2004, the EU admitted 10 new fathers and brothers, presumably for “Let’s not let people off the hook by countries: the Czech Republic, Estonia, having “dishonored” the family, such as saying this is tribal tradition.” But she

308 CQ Global Researcher CQ Press Custom Books - Page 116 Globalization Fosters Identity Crisis “People don’t feel at home anymore in their own country.” n the Netherlands, where the same meat-and-potatoes din- While Ruud Koopmans, director of migration at the Social Sci- ner traditionally is eaten night after night, people often “feel ence Research Center in Berlin, sees these measures as “very Ithreatened” by the mosques and kebab shops proliferating good for integration,” economically and socially, others condemn in their neighborhoods, says Floris Vermeulen, who teaches po- them as discriminatory, aimed mainly at stopping immigrants from litical science at the University of Amsterdam. “Their country is Muslim countries. Americans would probably find such pre-entry changing, their neighborhoods are changing” and “they don’t feel at home anymore in their own country.” Many European countries are experiencing similar national identity crises, as their once monocultural societies — with everyone sharing the same values, ethnicity and food — seem at risk due to the globalization of human migration. That helps explain why Europeans are disturbed at the thought of immi- grants living next door who resist interacting with their neigh- bors. Vermeulen observes wryly, “In many countries this is not considered a problem if they’re not killing each other.” But in monocultural societies like Germany or the Nether- lands, mainstream politicians want “a new society where every- one has contact and feels the same about all the norms and values.” When it comes to a religion like Islam, Vermeulen says, “this is not considered a Dutch, German or northern European value; this is something they have to change. That becomes Getty Images/Christopher Furlong problematic because how [could] a government . . . change the Dominik Wasilewski poses proudly on April 1, 2008, outside the religious beliefs of a certain people?” Polish delicatessen where he works in Crewe, England, home to Muslims have been able to resist assimilation with the rest one of Britain’s largest Polish communities. Many Europeans feel of the society, experts say, partly by importing wives — often their once monocultural societies are endangered by the illiterate — from their family’s village of origin, a custom that cultural changes caused by increased migration. has continued into the second and third generation in Ger- requirements unduly burdensome, since many of their grand- many and the Netherlands. To combat this, European countries parents entered the country without knowing English. have toughened visa requirements for marriage partners. Both But Koopmans argues that in Europe’s generous welfare so- the Netherlands and Germany now require spouses to have a cieties, where taxpayers bear a heavy burden to support un- basic grasp of the new country’s language and pass exams test- employed immigrants, governments have the right to require ing their knowledge of the society before they can legally enter. newcomers to have the necessary tools for employment before Britain’s new Conservative-led government is introducing a pre- entering the country. entry English test for arriving spouses. — Sarah Glazer adds, “You can do it confrontationally zations, became increasingly unpopular into government policy toward ethnic or through a process of consultation; in the 1990s and 2000s because it was minorities between 1970 and 2000 came let’s not assume every single Muslim seen as further segregating Muslims to the damning conclusion that if some believes in these crimes or commits from society. migrants succeeded it was “in spite of” them.” For example, grassroots Muslim Statistics showed that only one-third government policy. 70 organizations in Belgium have launched of non-EU foreigners in the Netherlands Because of a long tradition in which school campaigns to warn young African were gainfully employed; the rest were the state paid for Catholic and Protestant women returning to their home coun- either not in the labor market or de- schools, Dutch sociologist Duyvendak says, tries for summer holidays that they pended on social benefits. Welfare- “We’re struggling: On the one hand, we could be forced into marriages there. dependency rates among foreigners were don’t want Muslim schools, but we want In the Netherlands, the 90-year-old 10 times that of the native Dutch, and to protect our privileges — the state pay- policy of “pillarization,” which permits high-school dropout and residential ing for our Catholic and Protestant schools,” each faith to set up its own government- segregation rates were high as well. 69 which are considered academically su- funded religious schools and organi- In 2004, a Dutch parliamentary inquiry perior to secular public schools.

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In reaction to what it saw as alien the country. Noncompliance could result striking evidence that many of France’s Muslim values, the Netherlands demanded in financial penalties or the denial of per- Muslims feel economically left behind. that immigrants adopt Dutch progressive manent legal residence. Eventually, the Still, Floris Vermeulen, a Dutch ex- values. A new policy of civic integra- policy morphed into a tool to restrict mi- pert on radicalization who teaches po- tion, starting with its 1998 Newcomer In- gration, especially of unskilled migrants litical science at the University of Am- tegration Law, required most non-EU im- or relatives from traditional backgrounds. sterdam, says religious radicalism is migrants to participate in a 12-month For example, in May 2006, after in- much less prevalent in France than integration course, including Dutch lan- tense debates about honor killings in elsewhere in Europe. Some immigra- guage and civic education. the Turkish immigrant community and tion experts, including anthropologist Bowen, maintain that the French riots of 2005, spurred by joblessness and discrimination, were driven more by a desire to be part of France, rather than a separatist Muslim movement. For instance, When French Muslims took to the streets in 2004 to protest the proposed ban on headscarves in French schools, their chant was Francophile: “First, Second, Third-Generation: We don’t give a damn: Our home is here!” 74 CURRENT SITUATION Getty Images/Sean Gallup German Chancellor Angela Merkel (right) arrives with delegates from immigrant groups for the fourth summit on the integration of foreigners in Germany on Nov. 3, 2010, in Berlin. The Rise of Extremists summit followed recent heated public debates on immigration policy and the integration of Muslims in Germany, punctuated by Merkel’s uncharacteristically blunt October remark that nti-immigrant parties are surging Germany’s “multicultural” experiment has “utterly failed” — widely interpreted in popularity among voters in the as a criticism of the nation’s 4 million Muslims. A Netherlands, Sweden and Austria. Al- The 2002 murder of Fortuyn, who ethnic violence in a Berlin public school, though these remain minority parties, had criticized Muslims for not adopt- German authorities made attendance at the governing coalitions often need ing the country’s tolerant attitudes to- a civic integration course a requirement their votes to pass legislation. wards homosexuals, helped to turn the for naturalization. This reversed a pre- “The fall of parliamentary seats into Dutch government in an even more vious trend towards liberalization — most extremist hands represents the biggest draconian direction. 71 After March notably, Germany’s efforts to make it shake-up in European politics since the 2006, applicants for family reunifica- easier for Turkish guestworkers to be- disappearance of communism,” Denis tion were required to take an inte- come citizens, which began in 2000. 73 MacShane, a Labour member of the gration test at a Dutch embassy abroad France has been spared a major British Parliament, recently wrote. 75 to receive even temporary residence. Muslim terrorist attack since the mid- Experts say Europe’s progressive so- The policy quickly became a model 1990s, leading some French experts to cial democratic regimes and Britain’s lib- for the rest of Europe, and variations conclude that France does a better job eral Labour government have been de- have been adopted by Finland, Den- of culturally integrating its Muslim im- feated because they failed to control mark, Austria, Germany, France, Bel- migrants, who mostly come from fran- immigration. 76 gium, Portugal and Spain. 72 cophone Africa. But riots in the poor, In the Netherlands, the coalition that The policies generally require new- largely African suburbs of Paris in 2005 emerged from this fall’s election joined comers to enroll in civic and language and Grenoble in 2010 — both plagued two center-right parties and did not courses, either before or after entering with high unemployment — presented Continued on p. 312

310 CQ Global Researcher CQ Press Custom Books - Page 118 At Issue:

Is theyes French ban on headscarves in schools a good idea?

RÉMY SCHWARTZ JOHN R. BOWEN MEMBER, FRENCH COUNCIL OF STATE AND DUNBAR-VAN CLEVE PROFESSOR OF ARTS FORMER RAPPORTEUR, STASI COMMISSION AND SCIENCES, WASHINGTON UNIVERSITY, ON SECULARISM ST. LOUIS; AUTHOR OF WHY THE FRENCH DON’T LIKE HEADSCARVES (PRINCETON, FROM “WORLD ON TRIAL,” A SERIES OF MOCK INTER- 2007) AND CAN ISLAM BE FRENCH? NATIONAL HUMAN RIGHTS TRIALS CREATED BY PENN- (PRINCETON 2009) SYLVANIA STATE UNIVERSITY’S DICKINSON SCHOOL WRITTEN FOR CQ GLOBAL RESEARCHER, DECEMBER 2010 OF LAW, TO BE WEBCAST AND BROADCAST ON PUB- LIC TELEVISION STATIONS WORLDWIDE IN 2011. he headscarf ban is not a good idea. Before the 2004 law, France’s highest court had consistently held that Muslim rance has always welcomed people from all over the girls or women had a constitutional and a human right to world . . . and everyone can worship as they wish here. t wear headscarves. Since then, France has escaped legal sanc- We’ve had many Muslims in our country for a long time; f tions by saying that the law was enacted to protect Muslim the Mosque of Paris was founded in 1920. Islam is the school girls who wanted protection against social pressure to second religion of France. We have Europe’s largest mosque wear a scarf, i.e. that it was not about Islam. and more mosques than any other European country. . . . We Whatever the merits of this argument, it does not reflect didn’t wake up one morning in 2004 and say, “Now we’re the wide range of claims made by French politicians in favor going to discriminate against Muslims.” of the ban. France’s leaders on the Right and the Left claimed It’s very rare in France to have unanimous decisions be- that headscarves led to the oppression of women, that they tween the Left and the Right . . . but after a 15-year discus- favored the entry of political Islam onto French soil and that sion, we said we needyes to stop what the “older brothers” are no they were responsible for disorder in the public schools. Quite doing. Young girls came to us and said, “Protect us, we want a lot of trouble to pin on the heads of a few hundred girls to be free — free to wear skirts, free to wear pants and not seeking to practice their faith! At the same time, sociologists to be forced to wear headscarves. . . . We want to be able to and others who had studied reasons why some Muslim girls go to school in tranquility.” . . . wear scarves were ignored. It was appropriate to protect young children without forcing These wild claims kept politicians from having to tackle them to attend private schools or take correspondence courses. real social problems, such as social exclusion, high unemploy- . . . We do not wear religious symbols in schools. We did not ment and police harassment. set out to discriminate against Muslims. The European Court of But this easy fix came at a price: It stigmatized Muslims who Human Rights ruled that we did not discriminate. were exercising their religious freedom. Although many Muslims And where are the victims? Forty-four students were sent do not wear headscarves, and many agreed with the law, this is [home] from school out of millions of children, and there hasn’t hardly a justification for denying others their religious rights. been one single incident for the last couple of years. French It is hard to say to what degree the ban has contributed to laws are always being challenged, and yet this law is one of a sense among some Muslims that France will never accept the few that has unanimous consent throughout the country. their right to be publicly Muslim. The ban started France down Even among the Muslim immigrant population, surveys have a “slippery slope” of attacks on people who may be French but shown that 70 percent of French Muslims approve of the law. who look or act differently. This past year Parliament enacted a . . . The French Council of Muslim Faith, which represents 6 ban on women wearing full face-coverings on the street, a million French Muslims, accepted this law. practice that some Muslims consider part of their religion. A The law is a victory of democratic French Islam against minister became so enraged when a woman in face-covering fundamentalists, who want to impose their vision on others. and her husband dared to speak out against a traffic ticket that It’s also a victory for these young girls. Go onto the Internet he tried to deprive the man of his French citizenship. and read what the Stasi Commission did. The hearings were The president brought down European Union criticism for recorded, and young women and girls supported this law, and expelling Roma EU citizens rather than ensure their access to these immigrant women wanted the protection by the state. decent housing. Once one denies religious rights, whatever the The women and girls came to us and said, “Thank you for al- social justification, it becomes easier to erode them just a bit lowingno us to be free.” further the next time.

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Continued from p. 310 party won 17.5 percent of the national cent, with a permanent cap to be set invite Wilders’ anti-immigrant Freedom vote in 2008. 78 next April. But in September the busi- Party into the coalition. But holding only In Germany, a far-right party has not ness secretary, Liberal Democrat Vince 52 of the parliament’s 150 seats, the breached the 5 percent threshold for ob- Cable, complained the cap was “very coalition needs the support of the Free- taining representation in the national par- damaging” to industry and that some dom Party’s 24 members to pass legis- liament since World War II, usually at- companies were relocating abroad. 83 lation, making Wilders a kingmaker. In tributed to the political elite’s fear of a Business leaders said the cap would pre- exchange for his party’s support, Wilders Nazi party re-emerging. 79 But recent vent the hiring of IT specialists from extracted policy concessions, including surveys suggest up to one-fifth of today’s India, investment bankers from the Unit- consideration of a ban on the Islamic electorate would vote for a party to the ed States and other highly skilled work- face veil and halving immigration from right of Merkel’s Christian Democrats if ers from outside Europe. 84 non-Western (read Muslim) countries. it were on the ballot today. 80 Because EU agreements require The government also agreed to con- In Britain’s May elections, many say Britain to accept workers from all 27 sider making family reunification and the deciding moment came when EU countries, the cap only covers non- marriage immigration more difficult and Labour Prime Minister Gordon Brown EU immigrants, who under Britain’s to make it harder for people from places was caught on tape privately calling newly restrictive point system are skilled like Iraq and Somalia to obtain asylum. a voter who asked him about Eastern and high-skilled workers. “It’s insane But it’s unclear whether internation- European immigrants “a bigoted economically to chop huge numbers al agreements will allow the govern- woman.” Party leaders and critics alike out of that; those are people the econ- ment to implement all these measures, said the comment cost him votes among omy needs,” says Finch. such as refusing to grant asylum to peo- British workers and helped bring the A parliamentary committee recent- ple from certain countries. “That’s prob- Conservatives to power. 81 ly reported that — given how few lematic for the European Declaration of When it came to confronting immi- migrants can be capped under inter- Human Rights,” points out Vermeulen, gration, politicians like Brown, who had national agreements — the proposed of the University of Amsterdam. As for cut their political teeth on anti-racism cap will cover fewer than 20 percent cutting immigration, he says, “It’s al- and anti-apartheid campaigns in the of long-term migrants. So, while bare- ready very difficult to immigrate to the 1970s and ’80s, suffered from a “psy- ly affecting Britain’s overall migration, Netherlands. We can’t do much more.” chological failure,” says Tim Finch, head the cap could do serious damage to In Sweden, the nationalist Swedish of migration for the Institute for Pub- Britain’s “knowledge economy,” the Democrats won enough votes in Sep- lic Policy Research, a center-left British report said. 85 tember to gain representation in par- think tank. “Labour saw migration and Under pressure from business lead- liament for the first time. Their cam- race as two sides of the same coin: ers, Prime Minister Cameron was ex- paign had included a controversial TV Anything about immigration control they pected to increase the number of non- ad showing an elderly, white Swedish found instinctively very difficult,” he says. EU migrants allowed under the cap woman in a race for pension/welfare But for Labour’s working-class base, next year — from about 2,600 a month benefits beaten by a stampede of burqa- “immigration was a proxy for economic to 4,000 — the British press reported wearing women pushing strollers. The insecurity and pressure on public ser- Nov. 16. 86 The government was ex- party’s leader, Jimmie Akesson, cam- vices” like public housing, he says. pected to shift its attention to limiting paigned for a 90-percent reduction in “Race was not a big element of it.” the entry of “bogus” students and those immigration and described Muslim pop- Britain’s two right-wing anti-immigrant getting low-level degrees. After the gov- ulation growth as the greatest foreign parties, the British National Party and ernment effectively barred unskilled threat to Sweden since World War II. the UK Independence Party, captured workers from outside the EU, “student Center-right Prime Minister Fredrik Re- only 5 percent of the vote, but that visas rocketed by 30 per cent to a infeldt pledged not to work with the was enough to cost the Conservatives record 304,000 in just one year, as some Swedish Democrats even though he a clear majority, according to analyst applicants used it as an alternative work failed to achieve a majority. 77 William Galston at the Brookings In- route,” Home Secretary Theresa May In Austria, the Freedom Party won stitution in Washington, who attributed said in a speech Nov. 5, adding that enough votes in provincial elections their growing percentage to anti-im- students now constitute the majority of to raise speculation it could have a migration sentiment. 82 non-EU immigrants to the U.K. 87 major impact on Austria’s national Shortly after the election, Conservative In September, the independent elections in three years. Formerly led Prime Minister Cameron temporarily re- Joint Council for the Welfare of Im- by Nazi-sympathizer Jörg Haider, the duced non-EU immigration by 5 per- migrants challenged the cap in court,

312 CQ Global Researcher CQ Press Custom Books - Page 120 arguing the government sidestepped parliamentary procedures when it in- troduced the cap. 88 Like other European governments, Britain is still struggling to find a magic recipe to promote integration while pre- venting religious radicalism and, ultimately, terrorism among Muslim youth. In No- vember, May announced that the new government was dismantling the previ- ous Labour government’s “Prevent” pro- gram, an effort to prevent radicalization of Muslim youth by working in their communities. “Prevent muddled up work on coun- terterrorism with the normal work that needs to be done to promote com- munity cohesion and participation,” AFP/Getty Images/Robert Utrecht May said on Nov. 3. “Counterterrorism became the dominant way in which government and some communities came to interact. That was wrong; no wonder it alienated so many.” 89

Roma Dispute

n July President Sarkozy sparked an Iinternational firestorm when he an- nounced he would dismantle 300 ille- gal Roma camps in France within three months. Sarkozy’s office said the camps were “sources of illegal trafficking, of profoundly shocking living standards, of exploitation of children for begging, prostitution and crime.” 90 By October, dozens of camps had been emptied and more than 1,000 inhabitants sent home to Romania and Bulgaria. 91 Last

year, 10,000 Roma were returned to Archive Getty Images/Keyston/Hulton the two countries. EU Justice Commissioner Vivian Red- Anti-immigrant Sentiment Returns ing called the deportations a “disgrace.” Politicians blaming immigrants for economic hardship — such as Dutch anti-immigrant Citing a leaked memo showing that the leader Geert Wilders (top), whose Freedom Party made surprising gains in June French had singled out the Roma for parliamentary elections in the Netherlands — are not new. Conservative British deportation, she told the European Par- Parliament member Enoch Powell railed against immigrants in the late 1960s and liament: “This is a situation I had thought early ’70s, triggering demonstrations such as the August 1972 march on the Home Europe would not have to witness again Office by meat porters bearing a petition demanding an end to all immigration after the Second World War.” 92 into Britain (bottom). Between 1973 and 1975, several European governments Initially, the European Commission instituted “immigration stop” policies, aimed at deterring immigration and halting announced it was investigating France overseas recruitment. with an eye towards taking it to court

www.globalresearcher.com December 2010 313 CQ Press Custom Books - Page 121 EUROPE’S IMMIGRATION TURMOIL for violating EU free movement rules tries for up to seven years. 95 Member author of the institute’s report. “When and for discriminating against an ethnic nations were “horrified at the thought there are fewer jobs around, it’s natur- minority in violation of the Charter of that Bulgaria and Romania would al for people to get more anxious about Fundamental Rights. But the commis- empty out, and every able-bodied citi- economic security — and immigration sion suspended its disciplinary action zen would go to Western Europe look- is one aspect of that.” on Oct. 19, saying the French govern- ing for work,” Kushen explains. ment had promised to enact legislation Advocates for the Roma agree with by next spring to align French law with France on one thing: Romania and Bul- EU anti-discrimination principles. 93 garia are to blame for discriminating against OUTLOOK The Open Society Institute’s Grabbe the Roma in the first place, keeping them called the action “a P.R. disaster, mak- impoverished. “As long as unemployment ing the commission look weak and rates are reaching 80 to 90 percent in France look vindicated.” 94 Roma communities in Romania, people ‘Temporary Blip?’ Rob Kushen, executive director of the are going to move, try to go somewhere European Roma Rights Centre in Budapest, else where life is better,” Kushen says. urope’s big unknown is whether says “France could . . . amend its legis- Ethe dramatic recent drops in im- lation and still act in a discriminatory way migration spell the end of an era or against Roma.” The event highlighted the Migration Slowdown are just a temporary blip, according lack of EU enforcement power on im- to the Migration Policy Institute report. migration issues. “Ultimately, the only se- ronically, anti-immigrant fervor in Eu- “My own view is that immigration rious sanction that carries weight is the Irope is occurring just as the global levels, at least in the U.K., will not re- threat of expulsion from the EU, and that’s recession has brought the rapid turn to the levels of 2005 or 2006 at such an extraordinary threat that I don’t growth of foreign-born populations in least for some time,” says Sumption, who think it’s a credible deterrent.” developed countries to “a virtual halt,” wrote the chapter on Britain. “In part, The EU’s freedom of movement di- according to a report released in Oc- this is because the number of workers rective allows member nations to deport tober by the Migration Policy Institute coming from Eastern Europe was a func- immigrants from EU countries after three in Washington, D.C. 96 tion of it being a new opportunity for months if the migrants cannot show they Between 2008 and 2009, immigra- those workers: There was pent up de- have sufficient employment or resources tion to Ireland from new EU member mand combined with a strong economic to support themselves. However, the di- states dropped 60 percent while over- boom. I don’t see those kinds of con- rective also requires a case-by-case de- all EU migration to Spain plummeted ditions returning in the next few years.” cision before the person can be expelled. by two-thirds. The number of foreign Increasingly, experts say, fast-growing “France in our view is clearly in vio- workers caught trying to enter the EU developing nations like Brazil and China lation of all those guarantees,” says illegally at maritime borders fell by — not the industrialized countries — Kushen, because they have been ex- more than 40 percent during the same will drive most of the future worldwide pelling people without individual de- period and continues to decline. immigration. And traditional immigrant- terminations of immigration status. Even Skyrocketing unemployment rates exporting countries like India and China, if an immigrant is convicted of a crime, mean immigrants no longer see the with higher projected economic growth they cannot be deported without an EU as the land of promise. In 2009, than Europe, are expected to attract their individual investigation, he notes. “The unemployment among foreign-born highly skilled diaspora back from Roma have been accused as an ethnic youth reached 41 percent in Spain and abroad, according to Sumption. group of begging, illegally squatting 37 percent in Sweden. And substan- Press reports have emphasized both on land,” a clear example of ethnic tial numbers of young, native-born men the growing anti-immigrant sentiment discrimination, says Kushen. are leaving countries like Ireland and and government policies pushed by Roma from Bulgaria and Romania Greece to look abroad for work. 97 right-wing parties. But some experts, are in a catch-22 situation when work- If immigration is dropping so drasti- including those at the Migration Policy ing abroad, because under a political cally, why is anti-immigration sentiment Institute, expected even harsher restric- compromise struck when the two coun- running so high in Europe? There’s still tions on immigrants in the wake of the tries were admitted into the EU in 2007, a sizable immigrant population in Eu- global recession. European governments were allowed rope, “and the vast majority of those “Immigrant-receiving countries have not to limit Bulgarian and Romanian im- people will not go home as a result of resorted to the protectionism that many migrants’ rights to work in their coun- the crisis,” says Madeleine Sumption, co- initially feared,” says the institute’s report.

314 CQ Global Researcher CQ Press Custom Books - Page 122 For example, while a few governments a Home,” Time, Sept. 23, 2010, www.time.com/ have offered to pay immigrants to return Notes time/world/article/0,8599,2021016,00.html#ixzz home, immigrants have been reluctant to 13SmqGHDl. 10 James Blitz, “Britons Lead on Hostility to accept these offers, so only a few coun- 1 “FPÖ Behind Muezzin-Shooter Game,” Aus- tries adopted such measures. 98 Migrants,” Financial Times, Sept. 6, 2010, www. trianTimes, Sept. 1, 2010, www.austriantimes. ft.com/cms/s/0/231ffb5e-b9fa-11df-8804-00144 And legal protections, like the EU’s at/news/General_News/2010-09-01/26447/FP feabdc0.html#axzz15SUbSd2d. free-movement agreements, will likely %D6_behind_muezzin-shooter_game. Austria has 11 “Migration and Immigrants Two Years after hamper efforts to cut the numbers as hundreds of Muslim houses of prayer and com- the Financial Collapse,” Migration Policy Insti- drastically as right-wing politicians in munity centers but only three mosques with tute, October 2010, p. 1, www.migrationpolicy. the Netherlands, Sweden and Britain minarets — in Vienna, Bad Voslau and Telfs. The org/news/2010_10_07.php. German migration have pledged to do. At the same time, muezzin is the person at a mosque chosen to is negative. “Germany’s Population by 2060,” economic insecurity tends to stir fears broadcast the call to prayer from the mosque’s Federal Statistical Office, 2009, www.destatis. about immigrants taking jobs and living minaret for Friday services and five times daily. de/jetspeed/portal/cms/Sites/destatis/Internet/ 2 Ibid. The Freedom Party was forced to drop off welfare, with much of the resent- EN/Content/Publikationen/SpecializedPublica out of the Styrian parliament in 2005 after ment aimed at the foreigners already tions/Population/GermanyPopulation2060.psml. suffering election losses. See “SPO-FPO Deal 12 living in their countries. About 261,000 people sought asylum in Possible,” Austrian Independent, Sept. 27, 2010, the EU-27 countries in 2009, but only 78,800 The European Policy Centre’s Islam, a http://austrianindependent.com/news/Politics/ were granted legal protection by EU member Belgian citizen born in Pakistan, says the 2010-09-27/4708/SP%D6-FP%D6_deal_possible_ governments. See “EU Member states granted biggest problem for Muslims in Europe in_Styria. Also see, “Right-wing Triumph in Vi- protection to 78,800 asylum seekers in 2009,” is, “We’re looking at European Muslims enna Shocks Federal Coalition Partners, Oct. 11, Eurostat press release, June 18, 2010, http://epp. not as Europeans but as exotic foreign- 2010, www.austriantimes.at/news/General_News/ eurostat.ec.europa.eu/portal/page/portal/prod ers who should really not be at home 2010-10-11/27371/Right-wing_triumph_in_Vienna_ uct_results/search_results?mo=containsall&ms= in Europe — which is absolutely the shocks_federal_coalition_partners. asylum+seekers+&saa=&p_action=SUBMIT&l= 3 wrong approach to take if you’re going Christopher Bickerton, “Dutch Culture Wars,” us&co=equal&ci=,&po=equal&pi=,. The New York Times, Oct. 22, 2010, www.ny 13 to get serious about integration.” If Eu- Charles Hawley, “Letter from Berlin: Search- times.com/2010/10/23/opinion/23iht-edbicker ing for Facts in Germany’s Integration De- rope’s 20 million Muslims are viewed as ton.html?_r=2&scp=3&sq=Christopher%20Bicker legal residents who contribute to the bate,” Spiegelonline, Oct. 12, 2010, www.spiegel. ton&st=cse. de/international/germany/0,1518,722716,00.html. mainstream culture, politics and econo- 4 James Carroll, “The Rising Tides of Xeno- 14 Katya Vasileva, “Foreigners Living in the EU my, that would change the conversation, phobia,” Boston Globe, Oct. 25, 2010, www. Are Diverse and Largely Younger than the Na- she suggests. “Instead, all these diktats are boston.com/bostonglobe/editorial_opinion/oped/ tionals of the EU Member States,” Eurostat coming up” — about banning burqas articles/2010/10/25/the_rising_tides_of_xeno Statistics in Focus, no. 45, Sept. 7, 2010, p. 5, and adopting European values —“and phobia/. http://epp.eurostat.ec.europa.eu/cache/ITY_O 5 Muslims in Europe are feeling very es- “Anti-Establishment Rage is Fueling Pop- FFPUB/KS-SF-10-045/EN/KS-SF-10-045-EN.PDF. tranged,” she says. “It’s a suicidal approach.” ulism Everywhere,” Spiegelonline International, 15 For background, see Sarah Glazer, “Social Meanwhile, as cash-strapped gov- Sept. 29, 2010, www.spiegel.de/international/ Welfare in Europe,” CQ Global Researcher, europe/0,1518,720275,00.html. Also see Ian ernments prepare to slash welfare ben- Aug. 1, 2010, pp. 185-210. Traynor, “Dutch Far-Right Party Wins Pledge 16 Michael Slackman, “With Film Afghan-German efits — drastically in the case of Britain’s on Burqa Ban,” The Guardian, Oct. 1, 2010, new Conservative-led coalition gov- is a Foreigner at Home,” The New York Times, www.guardian.co.uk/world/2010/oct/01/dutch- Oct. 17, 2010, www.nytimes.com/2010/10/18/ ernment — some think that Europe’s far-right-burqa-ban. world/europe/18germany.html. 6 famous social “solidarity” will turn “Swiss vote to ban minarets showcases new 17 Tony Barber, “European Countries Cannot against immigrants, including second- populism,” The Christian Science Monitor, Have it Both Ways on Immigration,” The Fi- and third-generation populations who Nov. 29, 2009, www.csmonitor.com/World/ nancial Times, Sept. 3, 2010, www.ft.com/cms/ may be as European as the natives. Europe/2009/1129/p06s05-woeu.html. Also see s/0/dab74570-b788-11df-8ef6-00144feabdc0.html. If the immigration debate is truly about “Swiss Want to Ban Burka,” News24, May 23, 18 Hawley, op. cit. what constitutes national identity, Euro- 2010, www.news24.com/World/News/Swiss- 19 Matthew Clark, “Angela Merkel: Multi-cultur- peans may need to view their countries want-to-ban-burqa-20100523. alism has ‘utterly failed,’ ” The Christian Science 7 Anthony Faiola, “Anti-Muslim Feelings Propel as places that embrace their Turkish, Pol- Monitor, Oct. 17, 2010, www.csmonitor.com/ Right Wing,” The Washington Post, Oct. 26, 2010, World/Global-News/2010/1017/Germany-s- ish, Pakistani and African communities www.washingtonpost.com/wp-dyn/content/ in the same way that ethnic street mar- Angela-Merkel-Multiculturalism-has-utterly-failed/ article/2010/10/25/AR2010102505374.html?sid= %28page%29/2. kets, music and restaurants have become ST2010102600369. 20 Slackman, op. cit. 8 part of the accepted fabric and pleasure Ibid. 21 Reiner Klingholz, “Immigration Debate: Ger- 9 of European living. Stephan Faris, “The Roma’s Struggle to Find many Needs More Foreigners,” Spiegelonline,

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Aug. 30, 2010. See accompanying graphic “A 3.8 percent to 9.5 percent by 2050. Philippe under International Law,” Columbia Journal of Change of Direction,” www.spiegel.de/inter Legrain, “How Immigration Can Help Defuse Transnational Law, vol. 45, no. 2, April 11, 2007, national/zeitgeist/0,1518,714534,00.html. Ac- Europe’s Demographic Timebomb,” speech pp. 367-426. cording to Der Spiegel, about 10,000 fewer delivered in Helsinki, October 2010. 41 Ibid., p. 415. people emigrated to Germany from Turkey 32 Carroll, op. cit. 42 “Are Women’s Rights Really the Issue?” op. cit. in 2009 than left the country for Turkey. 33 “International Migration Outlook 2010,” op. 43 Ibid. 22 Barber, op. cit. cit., p. 206. The new law shortened the time an 44 Bennoune, op. cit., p. 421. 23 Klingholz, op. cit. adult must live legally in Germany before gain- 45 Patrick Weil, “Why the French Laïcité is 24 Among Germans the fertility rate has fall- ing citizenship from 15 years to 8. Under the Liberal,” Cardozo Law Review, vol. 30:6, pp. en from 2.5 children born to each woman in law, babies born to foreign parents in Germany 2699-2714, www.cardozolawreview.com/ the 1960s to only 1.4 children — far below are considered both German citizens and citi- content/30-6/WEIL.30-6.pdf. the 2.1 rate needed to replace the population. zens of their parents’ country of origin until age 46 “French Senate Bans Burka,” CBC News, 25 Vasileva, op. cit. 23. They must reject their parents’ citizenship by Sept. 14, 2009, www.cbc.ca/world/story/2010/ 26 Migration will compensate for natural pop- age 23 or forfeit their German citizenship. 09/14/france-burka-ban.html#ixzz1496l9Pri. ulation shrinkage in more than half the Eu- 34 “Mesut Özil: Auswärtsspiel in der Heimat,” 47 Ibid. ropean regions that are expected to grow, ac- Spiegel TV, Oct. 11, 2010, http://video.spiegel. 48 Bennoune, op. cit., p. 371. cording to Eurostat. See “Regional Population de/flash/1088559_iphone.mp4. Also see, “Turk- 49 However, a majority supported banning Projections,” Eurostat, last modified Oct. 12, ish President Criticizes Özil Jeers,” Times Live, veils in airport security checks. “Survey Finds 2010, http://epp.eurostat.ec.europa.eu/statistics_ Oct. 16, 2010, www.timeslive.co.za/sport/ Support for Veil Ban,” BBC News, Nov. 29, 2006, explained/index.php/Regional_population_pro soccer/article710604.ece/Turkish-president- http://news.bbc.co.uk/1/hi/uk/6194032.stm. jections. criticises-Ozil-jeers. 50 “Straw’s Veil Comment Sparks Anger,” BBC 27 “Economy: Migration Key to Long-Term 35 Christian Joppke, “Beyond National Models: News, Oct. 5, 2006, http://news.bbc.co.uk/1/ Economic Growth, Says OECD,” Press Release, Civic Integration Policies for Immigrants in hi/5410472.stm. Organisation for Economic Co-operation and Western Europe,” West European Politics, Jan- 51 John R. Bowen, “On Building a Multi- Development, July 12, 2010, www.oecd.org/ uary 2007, pp. 1-22, http://dx.doi.org/10.1080/ Religious Society,” San Francisco Chronicle, document/26/0,3343,en_2649_37415_45623194_ 01402380601019613. Feb. 5, 2007, http://articles.sfgate.com/2007-02- 1_1_1_1,00.html. Also see “International Mi- 36 Ines Michalowski, “Citizenship Tests in Five 05/opinion/17231341_1_french-muslims-head- gration Outlook 2010,” OECD, 2010, www.oecd. Countries — An Expression of Political Lib- scarves-french-people. org/els/migration/imo. eralism?” Social Science Research Center Berlin, 52 Leticia Delgado Godoy, “Immigration in 28 John P. Martin, “Editorial: Ensuring that Mi- October 2009, pp. 17, 24, www.wzb.eu/zkd/ Europe: Realities and Policies,” Unidad de Po- grants Are Onboard the Recovery Train,” in mit/pdf/dp_sp_iv_2009-702.pdfA. liticas Comparadas, Working Paper 02-18. See ibid., pp. 15-17, www.oecd.org/dataoecd/27/ 37 Joppke, op. cit., p. 8. Christopher Caldwell, Reflections on the Revo- 0/45593548.pdf. 38 Ruud Koopmans, “Trade-Offs between lution in Europe: Immigration, Islam, and the 29 OECD, “International Migration Outlook Equality and Difference: Immigrant Integration, West (2010), p. 25. 2010,” op. cit. This OECD report finds unem- Multiculturalism and the Welfare State in 53 Caldwell, op. cit., p. 26. ployment for immigrants running about twice Cross-National Perspective,” Journal of Ethnic 54 Matthew Bartsch, et al., “A Sorry History the rate for native-born in many countries. and Migration Studies, January 2010, pp. 1-26, of Self-Deception and Wasted Opportunities,” 30 Christian Dustmann, et al., “Assessing the http://193.174.6.11/zkd/mit/projects/projects_ Der Spiegel, Sept. 7, 2010, www.spiegel.de/inter Fiscal Costs and Benefits of A8 Migration to Trade_offs.en.htm. national/germany/0,1518,716067,00.html. the UK,” Center for Research and Analysis of 39 “Are Women’s Rights Really the Issue?” 55 Caldwell, op. cit., pp. 4-5. Migration, University College London, July 2009, Spiegelonline, June 24, 2010, www.spiegel.de/ 56 Esther Ben-David, “Europe’s Shifting Immi- www.econ.ucl.ac.uk/cream/pages/Press_release_ international/europe/0,1518,702668,00.html. gration Dynamic,” Middle East Quarterly, Spring A8fiscalimpact.pdf. 40 Karima Bennoune, “Secularism and Human 2009, pp. 15-24, www.meforum.org/2107/europe- 31 According to U.N. projections, the share of Rights: A Contextual Analysis of Headscarves, shifting-immigration-dynamic. Europe’s population over age 80 will rise from Religious Expression, and Women’s Equality 57 Ibid. 58 Ibid. 59 Ibid. About the Author 60 See Sarah Glazer, “Radical Islam in Europe,” CQ Global Researcher, Nov. 1, 2007, pp. 265-294. Sarah Glazer, a London-based freelancer, is a regular con- 61 Simon Kuper, “Where is the Netherlands that tributor to CQ Global Researcher. Her articles on health, I Knew?” Financial Times, Oct. 16/17, 2010, education and social-policy issues also have appeared in Life & Arts, p. 2, www.ft.com/cms/s/2/badfda56- The New York Times and The Washington Post. Her recent d672-11df-81f0-00144feabdc0.html#axzz15VN- CQ Global Researcher reports include “Radical Islam in Eu- BajlD. rope” and “Social Welfare in Europe.” She graduated from 62 Glazer, op. cit., p. 267. 63 the University of Chicago with a B.A. in American history. Pew Research Center, “Muslim Americans: Middle Class and Mostly Mainstream,” 2007,

316 CQ Global Researcher CQ Press Custom Books - Page 124 http://pewresearch.org/assets/pdf/muslim- americans.pdf. 64 For background, see Brian Beary, “The FOR MORE INFORMATION New Europe,” CQ Global Researcher, Aug. 1, European Policy Centre, Résidence Palace, 155 rue de la Loi, B-1040 Brussels, 2007, pp. 181-210. 65 Belgium; (32) (0) 2 231 0340; www.epc.eu. A think tank that focuses on immigra- Daniel Howden, “Desperate Migrants Lay tion and integration in the European Union. Siege to Spain’s African Border,” The Inde- pendent, Sept. 28, 2005, www.independent. European Roma Rights Center, Naphegy tér 8, H-1016 Budapest, Hungary; co.uk/news/world/europe/desperate-migrants- (36) 1 4132200; www.errc.org. Advocates for the legal rights of Roma in Europe. lay-siege-to--african-border-508674.html. Eurostat, for English-language inquiries: (44) 20 300 63103; http://epp.eurostat.ec. 66 “IPCC Concludes Investigation into MPS and europa.eu/portal/page/portal/eurostat/home. The statistical office of the European West Midlands Police dealings with Banaz Union; issues migration statistics for the 27 EU countries. Mahmod,” Independent Police Complaints Com- Institute for Public Policy Research mission, April 2, 2008, www.ipcc.gov.uk/news/ , 4th Floor, 13-14 Buckingham St., London WC2N 6DF, United Kingdom; (44) (0) 20 7470 6100; www.ippr.org.uk. A progressive pr_020408_banaz_mahmod.htm. think tank that has a generally positive perspective on immigration to Britain. 67 Emine Saner, “Dishonorable Acts,” The Guardian, June 13, 2007, p. 18. Migration Watch, P.O. Box 765, Guildford, GU2 4XN, United Kingdom; (44) (0) 68 Glazer, op. cit., pp. 277-278. 1869 337007; www.migrationwatchuk.com. A think tank that advocates limiting 69 Joppke, op. cit., pp. 1, 6. immigration into the U.K. 70 Ibid. Open Society Institute-Brussels, Rue d’dalie 9-13, Brussels 1050, Belgium; (32) 2 71 “Fortuyn Killed to Protect Muslims,” The 505.46.46; www.soros.org/initiatives/brussels. In alliance with the Soros Foundation, Telegraph, March 28, 2003, www.telegraph. promotes tolerant democracies and outspokenly supports Roma migrants’ rights. co.uk/news/worldnews/europe/netherlands/ Organisation for Economic Co-operation and Development, 2, rue André 1425944/Fortuyn-killed-to-protect-Muslims.html. 72 Pascal, 75775 Paris, Cedex 16, France; (33) 1 45.24.82.00; www.oecd.org. Represents Joppke, op. cit., p. 9. 33 developed countries; issues frequent reports about migration. 73 Ibid., p. 14. 74 Glazer, op. cit. WZB, Social Science Research Center Berlin, Reichpietschufer 50, D-10785 Berlin- 75 Quoted from Newsweek in James Kirchik, Tiergarten, Germany; (49) 30 25491 0; www.wzb.eu/default.en.asp. Conducts re- “Europe the Intolerant,” The Wall Street Jour- search on immigration and integration in Europe. nal, Oct. 12, 2010, http://online.wsj.com/article/ SB10001424052748704696304575537950006608 84 “Plans to Cap Number of Skilled Workers Travis, “Theresa May Promises ‘Significant’ Reform 746.html. Under Scrutiny,” Guardian, Sept. 7, 2010, www. of Counter-Terror Law,” Guardian, Nov. 4, 2010, 76 Matthew Campbell, “Left’s Long Silence on guardian.co.uk/uk/2010/sep/07/plans-cap- p. 20, www.guardian.co.uk/politics/2010/nov/03/ Migration Turns EU to the Right,” The Sunday migrants-under-scrutiny. theresa-may-counter-terrorism-reform. Times, Sept. 19, 2010, www.thesundaytimes. 85 Alan Travis, “Immigration Cap Not the An- 90 “Q&A: France Roma Expulsions,” BBC News co.uk/sto/news/world_news/Europe/article39 swer to Cutting Net Immigration Figure, Say Europe, Sept. 30, 2010, www.bbc.co.uk/news/ 7964.ece. MPs,” Guardian, Nov. 3, 2010, www.guardian. world-europe-11027288. 77 Stephen Castle, “Political Earthquake Shakes co.uk/uk/2010/nov/03/immigration-cap-net- 91 Matthew Saltmarsh, “EU Panel Suspends Up Sweden,” International Herald Tribune, migration-figure. Case against France over Roma,” The New Sept. 21, 2010, p. 3. 86 Robert Winnett, et al., “David Cameron York Times, Oct. 19, 2010, www.nytimes.com/ 78 Kirchik, op. cit. Will Bow to Business and Relax Immigration 2010/10/20/world/europe/20roma.html?_r=1&s 79 Michael Slackman, “Germany Hearing Louder Cap,” Nov. 16, 2010, Daily Telegraph, 2010, www. cp=2&sq=Matthew%20Saltmarsh&st=cse. Voices from the Far Right,” International Herald telegraph.co.uk/news/newstopics/politics/david- 92 “Q&A: France Roma Expulsions,” op. cit. Tribune, Sept. 23, 2010, p. 3. cameron/8132543/David-Cameron-will-bow- 93 Saltmarsh, op. cit. 80 Hawley, op. cit. to-business-and-relax-immigration-cap.html. 94 Ibid. 81 “Gordon Brown ‘bigoted woman’ comment 87 “The Home Secretary’s Immigration Speech,” 95 For the different rules of EU countries gov- caught on tape,” BBC News, April 28, 2010, Office of the Home Secretary, Nov. 5, 2010. erning Bulgarian and Romanian workers, see http://news.bbc.co.uk/1/hi/8649012.stm. www.homeoffice.gov.uk/media-centre/speeches/ European Commission, “Enlargement: Transi- 82 William Galston, “The British Election Was immigration-speech. tional Provisions,” http://ec.europa.eu/social/ All about Immigration,” The New Republic, 88 Wesley Johnson, “Legal Challenge to Im- main.jsp?catId=466&langId=en. For example in May 11, 2010, www.tnr.com/blog/william-gal migration Cap,” The Independent, Sept. 24, the U.K., immigrants generally cannot work un- ston/the-british-election-was-all-about-immi 2010, www.independent.co.uk/news/uk/legal- less self-employed, and the restrictions extend gration. challenge-to-immigration-cap-2088649.html. to Dec. 31, 2011, but could be extended. 83 “Vince Cable: Migrant Cap is Hurting Econ- 89 Theresa May, “Our Response to the Ter- 96 “Migration and Immigrants Two Years after omy,” The Guardian, Sept. 17, 2010, www. rorist Threat,” Office of the Home Secretary, the Financial Collapse,” op. cit., p. 1. guardian.co.uk/politics/2010/sep/17/vince-cable- Nov. 3, 2010, www.homeoffice.gov.uk/media- 97 Ibid. migrant-cap-economy. centre/speeches/terrorist-response. Also see, Alan 98 Ibid., p. 3.

www.globalresearcher.com December 2010 317 CQ Press Custom Books - Page 125 Bibliography Selected Sources

Books Spiegelonline, Aug. 30, 2010, www.spiegel.de/international/ zeitgeist/0,1518,druck-71. Bowen, John R., Why the French Don’t Like Headscarves: A German population expert says Germany needs more Islam, the State, and Public Spaces, Princeton University immigrants, not fewer, if it is to maintain a strong economy, Press, 2007. attract skilled workers and populate a country that suffers In analyzing why the French banned headscarves in schools from a declining birth rate. in 2004, an American anthropologist cites fears — of radical Islam and alien values — and asks how much newcomers Koopmans, Ruud, “Trade-Offs between Equality and Dif- must give up to become part of French society. ference: Immigrant Integration, Multiculturalism and the Welfare State in Cross-National Perspective,” Journal of Caldwell, Christopher, Reflections on the Revolution in Eu- Ethnic and Migration Studies, January 2010, pp. 1-26, http:// rope: Immigration, Islam and the West, Penguin Books, 2010. dx.doi.org/10.1080/13691830903250881. A columnist for the Financial Times and Weekly Standard A sociologist finds that immigrants in countries that require says Muslim immigration is producing “an undesirable cul- them to integrate have higher employment rates than those tural alteration” of Europe, which most Europeans don’t want in other countries. and is not economically necessary. Weil, Patrick, “Why the French Laïcité is Liberal,” Cardozo Legrain, Philippe, Immigrants: Your Country Needs Them, Law Review, Vol. 30:6, 2009, pp. 2699-2714, www.cardozo Abacus, 2007. lawreview.com/index.php?option=com_content&view=arti An economics journalist argues that demand for migrants cle&id=116%3Atable-on-contents-30-6&Itemid=14. will rise in aging societies that need a young, cheap work A French immigration historian who advised the French force to do the work that Europeans dislike, such as elder- government to institute the headscarf ban says the law is not care, cleaning and child care. an attack on liberty. Articles Reports and Studies

Barber, Tony, “European Countries cannot have it both “Foreigners Living in the EU are Diverse and Largely ways on immigration,” Financial Times, Sept. 3, 2010, Younger than the Nationals of the EU Member States,” www.ft.com/cms/s/0/dab74570-b788-11df-8ef6-00144fe- Eurostat, Sept. 7, 2010, http://epp.eurostat.ec.europa. abdc0.html#axzz14xtymjdq. (Subscription required) eu/portal/page/portal/product_details/publication?p_pro A former Financial Times Brussels bureau chief says aging duct_code=KS-SF-10-045. Europe cannot maintain its expensive social welfare states The statistical arm of the European Commission finds that without immigration. foreign immigrants are younger than European natives.

Batsch, Matthew, “A Sorry History of Self-Deception and “International Migration Outlook 2010,” Organisation Wasted Opportunities,” Spiegelonline, Sept. 7, 2010, www. for Economic Co-operation and Development, 2010, www. spiegel.de/international/germany/0,1518,716067,00.html. oecd.org/document/41/0,3343,en_2649_33931_45591593_ Germany recruited Turkish workers in the 1960s, tried to 1_1_1_1,00.html. send them home in the 1980s and has struggled with what The report says migration is the key to long-term economic to do with them ever since. growth in aging Western countries, and governments should open their citizenship laws and unemployment benefits to Bennoune, Karima, “Secularism and Human Rights: A migrants to help them weather the recession. Contextual Analysis of Headscarves, Religious Expres- sion, and Women’s Equality under International Law,” “Migration and Immigrants Two Years after the Financial Columbia Journal of Transnational Law, Vol. 45. No.2, Collapse: Where Do We Stand?” Migration Policy Institute, posted May 2007, http://papers.ssrn.com/sol3/papers.cfm? Oct. 7, 2010, www.migrationpolicy.org/news/2010_10_ abstract_id=989066. 07.php. A Rutgers University law professor favors the 2004 French A Washington think tank says migration is slowing to a ban on headscarves and describes the major legal cases that virtual halt in parts of the European Union, that Ireland has preceded it. once again become a country of out-migration, and immi- grants in Spain and Sweden are suffering high rates of un- Klingholz, Reiner, “Germany Needs More Foreigners,” employment.

318 CQ Global Researcher CQ Press Custom Books - Page 126 The Next Step: Additional Articles from Current Periodicals

Integration Efforts Sept. 17, 2010. Italian Prime Minister Silvio Berlusconi fully supports France’s “Czech Republic Becomes New Immigration Country,” controversial decision to repatriate thousands of Roma to Czech News Agency, Dec. 12, 2009. Eastern Europe. The Czech Republic must create suitable conditions for im- migrants’ integration into society in order for them to benefit “France’s Anti-Immigration Parties on the Rise,” Thai the country. Press Reports, Nov. 1, 2010. French immigration policies, such as banning the full veil “Italian Church Renews Calls for Migrant Integration,” worn by many Muslim women, have contributed to an anti- ANSA News Service (Italy), March 22, 2010. immigrant resurgence. Italian Catholic bishops have renewed calls for policies boosting the integration of immigrants to ensure foreign-born Castle, Stephen, “Anti-Immigration Party Wins First Seats in residents are not marginalized. Swedish Parliament,” The New York Times, Sept. 20, 2010, p. A5. Kurdi, Iman, “Europe’s Siege Within,” Khaleej Times The anti-immigration Swedish Democrats won their first seats (United Arab Emirates), Oct. 25, 2010. ever in the country’s parliament. Europe’s immigration problem is not one of cultural integration, but rather one of economic integration. Roma

Wereschagin, Mike, “Turks Face Integration Challenges “France and Romania Plan to Co-operate Over Roma,” Irish in Germany,” Pittsburgh Tribune Review, Jan. 24, 2010. Times, Sept. 10, 2010. Many European countries are struggling with the dilemma Romanian leaders have asked the European Union to for- over how to effectively integrate growing Muslim populations. mulate strategies that improve the well-being of the Roma.

Multiculturalism “French Police Ordered to Single Out Roma Camps,” Daily Telegraph (England), Sept. 14, 2010. “Merkel on Failed German Multiculturalism: Other Coun- The French interior ministry has ordered police to single tries Should Listen Up,” The Christian Science Monitor, out Roma squatters in a campaign against illegal camps, ac- Oct. 18, 2010. cording to a leaked memo. German Chancellor Angela Merkel says the experiment to integrate Turks into German society has failed, but she’s not Faiola, Anthony, “Milan Moves to Evict Gypsies From Camps,” abandoning the idea of assimilating immigrants. The Boston Globe, Oct. 17, 2010, p. A7. Many in Milan are blaming the city’s rising crime “Multiculturalism Undermines Diversity,” Guardian Un- rate on the new waves of Roma immigrants. limited (England), March 17, 2010. Multiculturalism in Britain expresses the essence of a modern and liberal society, but it has also created an anxious and frag- CITING CQ GLOBAL RESEARCHER mented nation. Sample formats for citing these reports in a bibliography Erlanger, Steven, “France Debates Its Identity, But Some include the ones listed below. Preferred styles and formats Question Why,” The New York Times, Nov. 29, 2009, p. A8. vary, so please check with your instructor or professor. France is beginning to learn that its national identity is largely connected to immigration and integration. MLA STYLE Flamini, Roland. “Nuclear Proliferation.” CQ Global Re- Kabir, Anwarul, “Multiculturalism, UK Bangladeshis and the searcher 1 Apr. 2007: 1-24. British High Commission,” Dhaka (Bangladesh) Courier, Sept. 10, 2010. APA STYLE Multiculturalism prompts European immigrant communities Flamini, R. (2007, April 1). Nuclear proliferation. CQ Global to be trapped between the cultures of their host countries and their countries of origin. Researcher, 1, 1-24. Opposition CHICAGO STYLE Flamini, Roland. “Nuclear Proliferation.” CQ Global Researcher, “Fears of Anti-Immigration Alliance As Berlusconi Lauds April 1, 2007, 1-24. France’s Expulsion Policy,” The Independent (England), www.globalresearcher.com December 2010 319 CQ Press Custom Books - Page 127 Voices From Abroad:

PETER TRAPP can be underlined that they The Christian Science Monitor THERESA MAY October 2010 Domestic Policy Analyst succeed in their approach.” Home Secretary Christian Democrats The Christian Science Monitor United Kingdom September 2010 RICCARDO DE CORATO Party, Germany Vice Mayor, Milan, Italy No more cheap labor PIERGUIDO VANALLI “We will bring net mi- Give immigrants intelli- The zero solution gence tests Member of Parliament, Italy gration down to the tens of “These are dark-skinned thousands. Our economy will “We have to establish crite- people [Roma], not Europeans Catholic Church has limit- remain open to the best and ria for immigration that really like you and me. Our final ed vision of immigration the brightest in the world, benefit our country. In addition goal is to have zero Gypsy “The Catholic Church does but it’s time to stop import- to adequate education and job camps in Milan.” qualifications, one benchmark its job. . . . Ours is a differ- ing foreign labour on the should be intelligence. I am in ent vision. We have to tem- The Boston Globe, October 2010 cheap.” favor of intelligence tests for per the needs of the people Daily Telegraph (England) immigrants. We cannot contin- who live in Italy with the prob- KADRI ECVET TEZCAN October 2010 ue to make this issue taboo.” lems that excessive immigra- tion brings with it. The church Turkish Ambassador Accra () Mail, June 2010 sees only one aspect, where- to Austria SILVIO BERLUSCONI as we have a broader vision.” Prime Minister, Italy INCENT EISSER Leave the ministry out V G Los Angeles Times, July 2010 Islamic Scholar, French “Integration is a cultural A potential new Africa and social problem. But in “Europe runs the risk of National Center for GUIDO WESTERWELLE Austria . . . the Ministry for turning black from illegal im- Scientific Research Vice Chancellor, Germany Interior . . . is responsible for migration, it could turn into integration. That is incredible. Africa. We need support from Fear of Islam abounds Also address emigration The ministry for interior can the European Union to stop “Today in Europe the fear “Germany is not a country be in charge of asylum or this army trying to get of Islam crystallizes all other of immigration but of emi- visas and many security prob- across from Libya, which is fears. In Switzerland, it’s gration. The question of what lems. But the minister for in- their entry point.” minarets. In France, it’s the terior should stop intervening we can do against this em- The Express (England) veil, the burqa and the beard.” in the integration process.” igration is just as important September 2010 The New York Times as the question of what im- Die Presse (Austria) December 2009 migration policy we want.” November 2010 Spiegel Online (Germany) MARIE BIDET October 2010 Former Interior Ministry Officer, France ROBERTO MALINI Representative The new Gypsies EveryOne NGO, Italy “These Gypsies created an organization with spokesmen. A cruel strategy on the . . . They speak with [the] Roma authorities, something new “The strategy is clear and in France. They are serious, simple: Rather than forcing respectable; they vote, they someone on the airplane, au- don’t want to burn cars, they thorities keep demolishing want everyone living in Gypsy camps so that eventu- peace. That’s opposite from ally Roma people have no place the traditional image. . . . [I]t to go and leave the country.” Johansson Sweden/Olle

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