Ralph Nader’s Immigration Platform
Nader
for President website
Immigration presents challenges and
opportunities for the United States. According the U.S. Census Bureau
the United States is undergoing an unprecedented wave of immigration.
According to the Census, during the 1990s, an average of more than
1.3 million immigrantslegal and illegalsettled in the
United States each year. In less than 50 years, the U.S. Census
Bureau projects that immigration will cause the population of the
United States to increase from its present 288 million to more than
400 million.
According to the US Census Bureau,
the foreign-born population of the United States is currently 33.1
million. This is unparalleled in American history. It is more than
triple the 9.6 million in 1970 and more than double the 14.1 million
in 1980. Of this total, the Census Bureau estimates 8-9 million
are illegal immigrants. The 57 percent increase from 19.8 million
in 1990 to 31.1 million in 2000, is also without precedent in our
history, both numerically and proportionately. Even during the great
wave of immigration from 1900 to 1910, the foreign-born population
grew by only 3.2 million (or 31 percent), from 10.3 million to 13.5
million. However, as a percentage of the U.S. population immigrants
are half of the well over 20% of the U.S. population that immigrants
constituted in 1912the actual highpoint of immigrant presence
in the U.S. The Census Bureau estimates are conservative, other
estimates indicate a considerably higher number of illegal immigrants.
The Immigration and Nationality Act
allows approximately 800,000 people to settle here each year as
permanent residents including about 480,000 who are admitted to
reunite with their spouses, children, parents and/or siblings; about
140,000 who are admitted to fill jobs for which the U.S. Department
of Labor has determined no American workers are available; about
110,000 refugees who have proven their claims of political or religious
persecution in their lands; and about 55,000 who are admitted
under a diversity lottery, begun in 1990, that mainly
benefits young European and African immigrants.
Immigration has major implications
for the United States creating costs and benefits for our country.
We need a more vigorous debate on immigration policies and how it
intersects with other policy choices we make. Immigration issues
relate to our foreign policyparticularly U.S. support for
dictators and oligarchs or trade policy which re-enforces low paid
labor and blocks the power of trade unions. It also relates to our
domestic policieslow wages for many U.S. workers, rising poverty,
providing social and health services, housing and security. Immigration
links to all these issues.
As long as our foreign policy supports
dictators and oligarchs south of our borders, there are going to
be desperate, oppressed people moving north over our border where
employers like Tysons Foods illegally employ them at very low wages
but even these low wage jobs are many times what would be made in
Mexico. Since 1985, U.S. spending on border enforcement has increased
by a factor of six, the number of U.S. border patrol agents doubled
and hours spent patrolling the borders tripled. The U.S. Border
Patrol has a budget well in excess of $1 billion annually. But even
with all of this expansion illegal immigration continues to expand.
While the gap in wages between the
United States and poor countries is vast, serious students of immigration
point out that only a tiny percentage of people from any nation
ever choose to emigrate from their s: it is rarely the poorest
who do so since they lack the necessary resources and contacts.
Immigration is a process caused not by attraction of higher wages
alonesince much of India, Mexico and China would have emptied
into the United States were this the case and they clearly have
notbut primarily caused by the inability of people to continue
to live decently in their countries. In the days of the great
Ellis Island immigrations from Europe, this was due in large part
to the privatization of common lands throughout the Continent and
the flood of cheap American grain driving farmers out of business.
(While economics was a major factor other issues included religious
and political oppression.) In our day this is primarily the result
of the policies of NAFTA, the WTO, the Structural Adjustment Programs
of the IMF and World Bank and the predatory policies of multinational
corporations.
Part of the problem involves NAFTA.
For example, the flood of cheap corn and other commodities into
Mexico has dispossessed over a million Mexican farmers, and with
their families, they either go to the urban slums or, in their desperation,
head north.
The United States should not be in
the business of Brain Draining skilled talent, especially from developing
countries. We are importing the best engineers, scientists, software
people, doctors, entrepreneurs who should be in their countries,
building their own countries. The long term solution to immigration
is reducing the rich poor divide between the United States and other
nations by peacefully supporting democratic movements.
In addition to this being a long-standing
brain drain of developing countries, often it undermines employment
in the U.S. We have got many unemployed software people here. Regarding
manual labor, the Wall Street Journal editors are for near open-borders
policy in large part because they want a cheap wage policy. Bringing
in cheap labor to the United States reduces wages hereimmigration
increases the supply of U.S. labor, reduces wages and makes jobs
more scarce especially for people at the bottom of the labor marketimmigrants
are 60 percent more likely to be employed in low-skilled occupations
than are native-born workers. When the average American wage exceeds
the average Mexican wage by more than a factor of ten, even the
most menial American job can be a strong reason to emigrate. In
addition to driving down wages, immigration adds to the expansion
of poverty in the U.S. The gap between the immigrant and native
poverty rates is wideningwith poverty among immigrants tripling
between 1979 and 1997. If there were a living wage than many of
the 15 million unemployed, underemployed and those who have given
up looking for employment would be willing to take the jobs that
are now often only taken by immigrants. There are two ways to deal
with these issues. First, raise the minimum wage to the purchasing
power level of 1968 $8 per hour and then, in another two years,
raise it to $10 an hour. Since 1968 the U.S. economy has doubled
in production per capita. We need to ensure a living wage in the
United States for full-time workers and their families. Currently,
47 million full-time workers work for less than a living wage.
Second, we need to enforce the law
against employers. It is hard to blame desperately poor people who
want to feed their families and are willing to work hard to do so.
You have to start with Washington and Wall Street. Enforcement is
nearly non-existentso much so that it has become a conscious
policy to ignore both the labor and immigration laws by successive
Republican and Democratic Administrations, including not enforcing
laws against cruel sweatshops in the United States from New York
City to Los Angeles. Such is the power of employers.
Immigrant workers, even if they are
undocumented, should be given all the fair-labor standards and all
the rights and benefits of American workers. In addition they should
be be allowed to get a drivers license in order to reduce hazards
on the highway and allow them to function in our culture, e.g. get
to work, get their children to school. If this country doesnt
like that, maybe it will do something about the immigration laws.
But we cannot treat undocumented immigrants as subjects for inhumanity.
Regarding amnesty, this is very difficult
issue because it gives a green light to cross the border illegally.
Many are concerned with the issue of amnesty because then the question
is how do you prevent the next wave and the next? I like the idea
of giving workers and children equal rightsthey are working,
they are having their taxes withheld, they are performing a valuable
service for their employers and customers even though they are illegally
here it is humane. There is no alternative except allowing crueler
exploitation, poverty, disease and their consequences for the general
public. If that produces enough outrage to raise the immigration
issue to a high level of visibility for public debate, that would
be a good thing.
There is no evidence that an amnesty
for those already present and working constitutes an attraction
to would-be immigrants outside the country: again, even from Mexico
the immigrants constitute a relatively small percentage of the poor
population of that country. We must leave aside the fiction that
everyone in the world seeks to live in the United States: people
love their s and leave them, at great risk, only as acts of
desperation when their previous way of making a living has become
impossible. We in the United States have a special responsibility
to those who have come here since it so often been our own government
and corporations that have ruined the livelihoods and s of immigrant
workers, and to those in foreign lands that they will not have to
make the same choice themselves. Changing these policies is the
best way to limit further immigration to levels that are in the
interests of both the U.S. and poor nations, and an amnesty for
those who are already here is the least we can do as reparations
to those whose lives our government has directly or indirectly wrecked.
Indeed, in decisions spanning over
a century, the U.S. Supreme Court has ruled that the Constitution
applies to every person within U.S. borders, including aliens
whose presence in this country is unlawful. On the other hand,
the Court has said that the federal government has the power to
decide who to let into the country and under what circumstances.
But once here, even undocumented immigrants have the right to freedom
of speech and religion, the right to be treated fairly, the right
to privacy, and some of the other fundamental rights U.S. citizens
enjoy.
Regarding deportation, the U.S. Supreme
Court has ruled that the INS may not deport someone without a hearing
that satisfies due process. According to the ACLU, most people facing
deportation are entitled to:
a hearing before an immigration judge and review,
in most cases, by a federal court;
representation by a lawyer (but not at government
expense);
reasonable notice of charges, and of a hearings
time and place;
a reasonable opportunity to examine the evidence
and the governments witnesses;
competent interpretation for non-English speaking
immigrants, and
clear and convincing proof that the governments
grounds for deportation are valid.
We have to control our immigration
and our borders. We have to limit the number of people who come
into this country illegally and see if a Canadian type temporary
permit system can work for seasonal jobs. Regarding Limited
Duration Admissions, the 1997 report of the U.S. Commission
on Immigration Reform said:
Persons come to the United States
for limited duration stays for several principal purposes: representation
of a foreign government or other foreign entities; work; study;
and short-term visits for commercial or personal purposes, such
as tourism and family visits. These individuals are statutorily
referred to as nonimmigrants. In this report, however,
we refer to limited duration admissions [LDAs], a term
that better captures the nature of their admission: When the original
admission expires, the alien must either leave the country or meet
the criteria for a new LDA or permanent residence.
For the most part LDAs help enhance
our scientific, cultural, educational, and economic strength. However,
the admission of LDAs is not without costs and, as explained below,
certain reforms are needed to make the system even more advantageous
for the United States than it now is.
The Commission believes LDA policy
should rest on the following principles:
Clear goals and priorities;
Systematic and comprehensible organization of LDA
categories;
Timeliness, efficiency, and flexibility in its
implementation;
Compliance with the conditions for entry and exit
(and effective mechanisms to monitor and enforce this compliance);
Credible and realistic policies governing transition
from LDA to permanent immigration status;
Protection of U.S. workers from unfair competition
and of foreign workers from exploitation and abuse; and
Appropriate attention to LDA provisions in trade
negotiations to ensure future immigration reforms are not unknowingly
foreclosed.
Immigration is a challenging issue
that must be addressed in a more cohesive way than has been suggested
by President Bush. We need to address economic justice in the United
States and the world and recognize the basic human rights of all
people.