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Resource Guide Making the Case for Comprehensive Immigration Reform ### RESOURCE GUIDE ### American Immigration Lawyers Association ### Making the Case for Comprehensive Immigration Reform ### RESOURCE GUIDE ### American Immigration Lawyers Association ### Preface # PREFACE This Resource Guide was developed by the American Immigration Lawyers Association (AILA) to foster a greater understanding of the interdependent architectural components necessary to support a realistic and comprehensive overhaul of our immigration system. AILA believes that for lasting and meaningful reform to take hold, these various components must be addressed in a single, indivisible legislative package. Piecemeal approaches that focus on the symptoms of our undocumented immigration problem rather than the root causes, that treat immigration as a static problem rather than a dynamic opportunity, that seek to seal “them” out rather than acknowledge that they are “us,” and that emphasize the narrow costs of immi- grants rather than their broad and vital contributions, are doomed to fail. AILA believes that a unique confluence of political circumstances has presented Congress with an historic opportunity to pass legislation that remedies the manifold problems plaguing the current system. This Guide provides extensive analysis of those problems and proposes a series of systemic changes to conform our immigration policies to 21st century realities. Moreover, included at the end of each section is a listing of additional national and local resources and contacts in the event that more information is desired. The Guide is designed to be accessible to everyone with an interest in the overall comprehensive immigra- tion reform debate or in specific components thereof. In particular, we hope that members of Congress and the media will profit from having a centralized collection of resources and materials to guide them as the debate moves forward. AILA’s national staff would appreciate the opportunity to provide further information or analysis and stands ready to assist in any constructive way. Please do not hesitate to contact any of the following members of our Advocacy Department with questions about the Resource Guide or comprehensive immigration reform: Marshall Fitz, Director ([email protected]); Bob Sakaniwa, Associate Director, Business ([email protected]); Donna Lipinski, Associate Director, Family/Due Process ([email protected]); Rizwan Hassan, Advocacy Associate, Business ([email protected]); Jenny Levy, Grassroots Manager ([email protected]); or Laura Trice, Advocacy Coordinator ([email protected]). Jeanne C. Butterfield Executive Director of AILA The American Immigration Lawyers Association (AILA) is the national association of over 10,000 attorneys and law professors who practice and teach immigration law. Founded in 1946, AILA is a nonpartisan, not-for- profit organization established to promote justice, advocate for fair and reasonable immigration law and policy, advance the quality of immigration and nationality law and practice, and enhance the professional develop- ment of its members. AILA is an Affiliated Organization of the American Bar Association and is represented in the ABA House of Delegates. 3 # Making the Case for Comprehensive Immigration Reform # Table of Contents # I. INTRODUCTION: COMPREHENSIVE IMMIGRATION REFORM Introduction ................................................................................................................................................7 Comprehensive Immigration Reform ..........................................................................................................9 Top 10 Falsehoods Regarding Comprehensive Immigration Reform ........................................................11 The Economics of Necessity: Economic Report of the President Underscores the Importance of Immigration ..........................................................................................................16 Economic Growth & Immigration: Bridging the Demographic Divide ......................................................18 Rethinking the Effects of Immigration on Wages: New Data and Analysis from 1990-2004 ....................21 Additional Resources and Contacts ..........................................................................................................23 II. ADDRESSING THE SITUATION OF UNDOCUMENTED IMMIGRANTS ALREADY IN THE UNITED STATES Introduction ..............................................................................................................................................25 Earned Legalization Is Not an Amnesty ....................................................................................................26 AgJOBS: We Need Reform to Achieve a Stable and Legal Agricultural Workforce ..................................27 DREAM Act: Student Adjustment for Deserving Children ......................................................................29 Ties that Bind: Immigration Reform Should be Tailored to Families, Not Just Individuals ......................30 The Size and Characteristics of the Unauthorized Migrant Population in the U.S. ..................................31 Additional Resources and Contacts ..........................................................................................................33 III. ENHANCING CHANNELS FOR LEGAL WORKERS Introduction ..............................................................................................................................................35 Essential Workers Essential Workers Help Our Economy ......................................................................................................37 The Essential Worker System Needs Reform ............................................................................................39 No Way In: U.S. Immigration Policy Leaves Few Options for Mexican Workers........................................40 Essential Workers: Immigrants are a Needed Supplement to the Native-Born Labor Force ....................41 Open Letter on Immigration from Economists and Social Scientists ........................................................42 Additional Resources and Contacts ..........................................................................................................49 High-Skilled Workers Highly Educated Foreign Professionals: Vital to America’s Economic Competitiveness ............................51 H-1B Professionals and Wages: Setting the Record Straight ......................................................................53 Building a Competitive Workforce: Immigration and the U.S. Manufacturing Sector................................55 Additional Resources and Contacts ..........................................................................................................56 5 # Making the Case for Comprehensive Immigration Reform # # Table of Contents IV. REFORMING OUR PERMANENT IMMIGRATION SYSTEM Introduction ..............................................................................................................................................57 Eliminating the Employment-Based Visa Backlog: Vital to America’s Economic Competitiveness............59 Immigration Backlogs are Separating American Families ..........................................................................61 More Than a “Temporary” Fix: The Role of Permanent Immigration in Comprehensive Reform ..............66 Visa Bulletin for January 2007 ..................................................................................................................67 Additional Resources and Contacts ..........................................................................................................69 V. SMART ENFORCEMENT THAT RESPECTS DUE PROCESS Border Enforcement Introduction ..............................................................................................................................................71 Beyond Soundbites: The Straight Facts About Our Border Enforcement Agenda ....................................72 Enforcement Alone is Not the Answer ......................................................................................................74 Immigration and Security ..........................................................................................................................76 Beyond the Border Buildup: Towards a New Approach to Mexico-U.S. Migration....................................78 Border Insecurity: U.S. Border-Enforcement Policies and National Security ..............................................79 Coalition for Immigration Security Statement ..........................................................................................80 Additional Resources and Contacts ..........................................................................................................83 Due Process Introduction ..............................................................................................................................................85 Restore Fairness and Due Process: 1996 Laws Go Too Far ........................................................................86 The Importance of Independence and Accountability in Our Immigration Courts ..................................90 Due Process, Civil Liberties, and Security: All Essential for a Strong America ..........................................93 Additional Resources and Contacts ........................................................................................................100 VI. PUBLIC
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