MSC 65th Student Conference on National Affairs

Texas A&M University

Delegate Research Information

Round Table

Is the Grass Always Greener? Border Security and

Facilitator: TBD

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This delegate research information is not intended to be a comprehensive assessment of your assigned round table topic, but rather a starting point to help launch your own personal investigations into the various associated issues. It is encouraged, if not expected, that your policy proposals will be inclusive of aspects pertaining to your round table topic that are not covered in this research compilation. You, your facilitator, your round table host, and your fellow roundtable delegates are all responsible for crafting a policy proposal that takes this into consideration.

Terms & Actors Terms Asylum - when a nation offers protection to refugees under political turmoil from another country. Citizenship - the state of swearing allegiance to a country in return for its protection. Closed Border - restricted movement between jurisdictions with limited or no exceptions. Dreamer - describes anyone born in the to non-legal citizens. Humanitarian - any situation particularly pertaining to human welfare. Open Border - very little to no restrictions on movement between jurisdictions. Quota System - introduced in 1924, this system set a numerical limit on immigration to this country. Refugee - an individual(s) seeking help from political turmoil in their home country. – introduced in 1980, this legislation set restrictions on who can claim refugee status and how many the United States could take. Undocumented Immigrant - also known as “Illegal Immigrant,” it is used to describe anyone who currently lives in a country without citizenship, a work visa, or otherwise any legitimate reason to legally reside in the country. Work Visa - documentation for someone to work in a country they would otherwise not be a citizen for.

Actors Border Patrol – a law enforcement agency under Homeland Security that deals with capturing undocumented/illegal immigrants. Department of Homeland Security (DHS) – a branch of the federal government. The primary overseer of immigration. Department of Justice (DOJ) – a branch of the federal government that oversees punishments for undocumented/illegal immigrants. Donald Trump - the current president and one of the leading advocates on enforcing the border. Immigration and Customs Enforcement (ICE) – a law enforcement agency under Homeland Security that deals with transnational crime. They detail and deport the captured undocumented/illegal immigrants. Mexico - the country that most undocumented/illegal immigrants come from. Venezuela – a country that the United States has seen a surge of people seeking asylum from due to recent political turmoil. William Barr – the current Attorney General and leading advocate of enforcing the border.

Analysis Overview

The topic of Border Control has always been a rather “touchy” subject. However, this subject really blew up during the 2016 Election Year with the introduction of a certain billionaire into the presidential race: Donald Trump. Everybody remembers that infamous quote in June

2015: “When Mexico sends its people, they're not sending their best. ... They're sending people that have lots of problems, and they're bringing those problems to us. They're bringing drugs.

They're bringing crime. They're rapists.”1 Some argue that he has a valid point. Others disagree with him; some critics disagree so vehemently they proceed to call the now-president a “racist.”

Either way, this man has single handedly re-sparked a national conversation that was once nearly dormant.

While citizenship for the United States can date back to as early as 1790, official numeric limits on United States citizenship and immigration started in 1921. The Border Patrol wasn’t formally introduced until 1924, along with the introduction of a “quota system.” Nowadays, the

United States uses certain criteria to deem certain individuals eligible to work in the country and eventually become a citizen of the United States, should they choose to. They also have a system in place for refugees, with a worldwide cap currently set at 18,000 (which is much lower than when the Refugee Act was formally introduced in 1980, setting the cap at 270 thousand).2

Now, 18,000 is not a large number in most cases, especially when it applies to illegal/undocumented immigrants. In fact, more than five times the number of people got arrested earlier this year during the month of April.3 Now, a lot of these cases seem to deviate

1 Kopan, Tal. “What Donald Trump Has Said about Mexico.” CNN, Cable News Network, 31 Aug. 2016, www.cnn.com/2016/08/31/politics/donald-trump-mexico-statements/index.html. 2 Shear, Michael D. “Trump Slashes Refugee Cap to 18,000, Curtailing U.S. Role as Haven.” , 26 Sept. 2019, www.nytimes.com/2019/09/26/us/politics/trump-refugees.html. 3 Herrera, Jack. “The Government's Numbers Show Increasing Border Arrests. Does That Mean the U.S. Is Facing an Illegal Immigration Crisis?” Pacific Standard, 9 May 2019, psmag.com/news/increasing-border-arrests-is-the-us- facing-an-illegal-immigration-crisis.

from the usual stereotype of “trying to sneak into the country.” Rather, these immigrants choose to immediately surrender themselves to Border Patrol in order to claim asylum. According to the article, these immigrants seemed to have attempted to enter the country through legal means, however, when that failed (due to the United States’ newfound restrictions on said refugees) they proceeded to enter the country anyway.

While some people believed they never intended to claim asylum and only did it to not get arrested, those undocumented immigrants do have a legal right to ask for asylum even when caught illegally. The current administration tried to change this policy in November 2018 unsuccessfully.4 The Trump administration did, however, enforce stricter requirements on who can actually claim “asylum.” In this particular ordinance, the DHS and DOJ are enforcing a rule where you can’t legally seek asylum in the United States unless they first request asylum from a third party country that’s able to take refugees.5 Attorney General William Barr said: “This Rule is a lawful exercise of authority provided by Congress to restrict eligibility for asylum. The

United States is a generous country but is being completely overwhelmed by the burdens associated with apprehending and processing hundreds of thousands of aliens along the southern border.”

A lot of refugees are seeking to escape the violence from their home countries, however, there is a common misconception among the American public that they bring the violence and crime with them to the United States. Incidents such as the shooting of Kate Steinle are

4 Goldstein, Emily, and Mandi Cai. “What Do Migrants Experience When They Request Asylum at the - Mexico Border?” The Texas Tribune, 22 July 2019, www.texastribune.org/2019/07/22/asylum-seekers-experience- texas-mexico-border/ 5 “DHS and DOJ Issue Third-Country Asylum Rule.” Department of Homeland Security, 19 July 2019, www.dhs.gov/news/2019/07/15/dhs-and-doj-issue-third-country-asylum-rule

remembered (the offender was recently acquitted).6 However, the Cato Institute used data from the Texas Department of Public Safety in 2017 to determine that “illegal immigrants were 47 percent less likely to be convicted of a crime than native-born .”7 According to this article, not only were illegal immigrants less convicted of serious crimes (in this study: homicide, sex crimes, and larceny were used), the argument of “immigrant privilege due to letting them go after arresting them” doesn’t even apply here. Texas police arrested over 660 thousand native

Americans in 2017 compared to the undocumented immigrants’ less than 30 thousand.

The United States is currently at a crossroads. The country wants to maintain its status as a haven for “humanitarian issues” while at the same time maintaining a sense of law and order.

Where exactly is that balance, if it even exists? Do we really have “a crisis at the border?” Are these illegal/undocumented immigrants that “harmful to society?” Should the United States stop enforcing a border? What other reasons are there to limit immigration besides national security?

6 Mansell, William. “Conviction Overturned for Undocumented Immigrant Charged in Death of Kate Steinle.” ABC News, ABC News Network, 31 Aug. 2019, abcnews.go.com/US/conviction-overturned-undocumented-immigrant- charged-death-kate-steinle/story?id=653135.. 7 “Criminal Immigrants in Texas in 2017: Illegal Immigrant Conviction Rates and Arrest Rates for Homicide, Sex Crimes, Larceny, and Other Crimes.” Cato Institute, 28 Aug. 2019, www.cato.org/publications/immigration- research-policy-brief/criminal-immigrants-texas-2017-illegal-immigrant.

Additional Resources Media Links: ● “Do We Need to Change the Asylum System?” ○ https://www.youtube.com/watch?v=mQnem4VxlBQ ○ Above the Nation analyzes the US Asylum system and offers their perspective of the potentially flawed asylum system. ● “Immigration, World Poverty and Gumballs - NumbersUSA.com” ○ https://www.youtube.com/watch?v=LPjzfGChGlE ○ Roy Beck employs the use of gumballs to examine world poverty and the supposedly “humanitarian” reasons the United States uses immigration. ● “Illegal Border Crossing in Mexico” ○ https://www.youtube.com/watch?v=BH_Z5BEZ5ts ○ VICE personally dives into illegal immigration by visiting El Alberto and visiting the locals to see how they manage to cross the border every year. News Articles: ● “Arrests and removals of illegal immigrants up under Trump, a ‘majority’ convicts” ○ https://www.washingtonexaminer.com/washington-secrets/arrests-and-removals- of-illegal-immigrants-a-majority-convicts-up-under-trump ○ The Washington Examiner examines and analyzes deportations under the current administration. ● “The best alternative for fixing our current illegal immigration policy” ○ https://thehill.com/opinion/immigration/471034-the-best-alternative-for-fixing- our-current-illegal-immigration-policy ○ The Hill offers an opinion piece analyzing current options on solving illegal immigration and offers their own take. ● “372,000 Born to Illegal Aliens and Visitors Every Year, 33,000 to 'Birth Tourists'” ○ https://www.numbersusa.com/news/372000-born-immigrants-every-year-33000- tourists ○ NumbersUSA offers some interesting statistics regarding illegal immigration and those who are born in the US under illegal immigrants. Scholarly Articles: ● “Assembly-Line Justice: A Review of ” ○ https://www.law.berkeley.edu/files/Operation_Streamline_Policy_Brief.pdf ○ Berkeley Law School analyzes “Operation Streamline,” a Bush-era policy that had resulted in skyrocketing cases for the immigration courts. ● “Immigration Reduces Crime: An Emerging Scholarly Consensus” ○ http://www.umass.edu/preferen/You%20Must%20Read%20This/Lee%20Immigr ation%20and%20Crime.pdf ○ University of studies the supposed “link” between immigration and crime rate. ● “Illegal Immigration and Immigration Control” ○ https://pubs.aeaweb.org/doi/pdfplus/10.1257/jep.2.3.101 ○ The American Economic Association studies the consequences of the Immigrant Reform and Control Act.

Official Government Sources: ● Case Processing Times ○ https://egov.uscis.gov/processing-times/ ○ While the entirety of the US Citizen and Immigration Services website is helpful, the case processing time is great for understanding how long it takes for certain immigrants to receive their results and why some of them choose to risk illegal immigration instead. ● Immigration Data & Statistics ○ https://www.dhs.gov/immigration-statistics ○ The Department of Homeland Security offers their statistics and data at this link.