Illegal Immigration in the USA

Introduction

            Every year, many people move from their Native Countries to other Countries in search of employment and for business purposes. Immigration departments require that all foreigners have valid immigration documents before starting their life in the regions of destination. However, the case is not always the same since there is much illegal immigration in different parts of the world. 

America is a major destination for many illegal immigrants that raise concerns on the issue. Illegal immigration to the United States is the act of persons from foreign nations violating United States immigration laws. It entails either entering the country without government permission or lawful entry or failing to renew the visa upon its termination date.

            The United States Department of Homeland Security reveals that there exists an approximate of 11.4 million persons lived in the United States illegally by 2012. The population of the illegal immigrants reached 12 million in 2007 and had been on a downward trend to close to 11 million (Katel, 2005). The Department of Homeland Security works closely with the Pew Research Centre and the Centre for Migration Studies to assess the level of illegal immigrants to the United States. The bodies also promote the enactment and safeguarding of the rights of the migrants.

            According to the Immigration laws, immigrants are illegal on the basis of three reasons. It can be the entry without authorization or inspection, extending the stay beyond the authorized period, and violation of the terms of the legal entry. Section 1325 in the Title 8 of the United States Code explains on illegal immigration. It stipulates that “improper entry of an alien attracts a fine, imprisonment, or both every non-citizen who commits the outlined offenses (Chin, 2011). First is any person who enters or attempts to enter the United States at any time or place other than the designated directives by the Immigration agents. Next is any person who avoids examination by the Immigration agents. The last category of persons is those attempting to enter or acquire entry by intentional false or misleading representation that involved hiding the facts. The first offense attracts a six months prison term and the subsequent offenses calls for two years of imprisonment. Also, it may be necessary to pay civil fines as imposed by the authorities.

            Illegal immigrants should not have access to State or Local public benefits including professional Licenses. Regardless of the fact, California State Legislature passed laws to allow the illegal immigrants to have professional licenses (Lee, Ottati & Hussain, 2001). In 2009, the Audits of employment records at American Apparel by the Immigration and Customs Enforcement agency revealed the discrepancies in the documentation of 25 percent of the company workers. The process seeks to identify the illegal immigrants and propose deportation of the affected persons if there is evidence of their illegality. The strategy of identifying illegal immigrants and then deporting them is effective in reducing the impact of the illegal immigrants in the United States.

            The AEDPA and IIRIRA Acts of 1996 are pieces of legislation passed to deal with illegal immigration and deportation in the United States. AEDPA refers to the Antiterrorism and Effective Death Penalty Act, and IIRIRA is the Illegal Immigration Reform and Immigration Responsibility Act. The two acts changed the method of handling criminal cases of the lawful permanent residents that resulted in a significant number of deportations from the United States. The factors considered in the deportation include the effect of the deportation of the family members of the deportee and the connection with their original countries (Johnson, 2001).

            The U.S.A Patriot Act came into effect few weeks after the terrorist attacks of September 2001. The act gave more powers to the government to act upon suspicion of the terrorist activities. The Act expanded the conditions under which illegal immigrants could have deportation based on the suspicion of illegal activities. Thus, the Attorney General can certify illegal immigrants that are a threat to the National Security. However, the Act faces criticism due to a violation of the Fifth Amendment right to due process since the illegal immigrants do not have an opportunity for a hearing.

Effects of Illegal Immigration

            America enjoys an exceptional status of being a Nation of Immigrants. The issue faces challenges due to globalization that makes migration and terrorism easy. Thus, it is necessary to have immigration reforms. The fact that America has over 10 million illegal immigrants reveals of its attractiveness though it is an indicator of the likelihood of porous borders. The major problem with illegal immigration is security. Most of the illegal immigrants are in search of jobs, but they weaken the legal and National Security environment. The scenario provides cover for terrorists and criminals who masquerade as job seekers in an Alien Nation (Liu, 2010).

            Illegal immigration has an effect on the economic status of the United States poor populations by reducing their economic gains while benefiting the middle and wealthy Americans. The insurgence of many illegal immigrants may lead to the decrease in the wages for particular sectors thereby widening the gap between the poor and the rich (Liu, 2010). Most of the illegal immigrants face exploitation and also get low wages. The strategy used by companies that hire illegal immigrants does not attract legal Citizens thereby maintaining a flat or depressed wage rate.

            Another effect of illegal immigration is the increase in the housing prices in which most of the States with illegal immigrants have highly-priced houses. However, on the contrary, illegal immigration in the United States has several benefits. Among them is the increase in the contributions to the taxes and social security funds (Nadadur, 2009). They also approach banks for mortgages thereby growing the revenue stream. The employment of the illegal immigrants in United also increases the money in circulation. The immigrants mostly perform the jobs that most of the American populations disregard (Hanson, 2007).

Solutions to Illegal Immigration in America

            The rising problem of illegal immigration to the United States is a concern for the Congress thereby necessary to establish ways of dealing with it. Among the proposed solutions is the legalization of the Immigrants. According to John McCain (2005), legalization is an appropriate strategy for handling the issue without causing harm to the illegal immigrants. According to his explanation it is difficult to identify and round up all the illegal immigrants. Most of them are working, and the mere reporting and deporting the few identified cases cannot solve the problem. Thus, the appropriate strategy is to incentivize them to come forward, undergo the security checks, pay back taxes and penalties for the offense, and learn to speak English as well as regularize their stay.

            The other proposed solutions are amnesty, deportation, fencing the porous borders and enforcing the existing immigration laws (Crowe & Lucas-Vergona, 2007). Immigration amnesty involves granting legal status to a group of persons found in an alien country. The strategy overlooks the illegal status of the aliens by giving them a legal status. Deportation entails returning of the aliens to their original countries. The enforcement of the existing immigration laws can be effective on the premise that all the illegal immigrants are identifiable (Chin, 2011).

Conclusion

            Illegal immigration to the United States is a major problem that requires properly actionable measures. It accounts for more than 10 million persons who work for many American companies. The immigration laws have provisions on the predicament of the illegal immigrants even though their enforcement appears ineffective. Illegal immigrants pose both beneficial and negative impacts to the American economy. Thus, as a solution to the problem, legalization, deportation, amnesty, and reinforcing the existing immigration laws seems viable options.

References

Chin, G. J. (2011). Illegal Entry as Crime, Deportation as Punishment: Immigration Status and     the Criminal Process. UCLA Law Review, 58(6), 1417-1459.

Crowe, S., & Lucas-Vergona, J. (2007). What should be done about the illegal immigration from Mexico to the United States?. Mathematical & Computer Modelling, 46(7/8), 1115-1129.             doi:10.1016/j.mcm.2007.03.026

Hanson, G. H. (2007). The economic logic of illegal immigration (p. 12). Council on Foreign         Relations

Johnson, D. M. (2001). AEDPA and the IIRIRA: Treating Misdemeanors as Felonies for             Immigration Purposes, 477
Katel, P. (2005). Illegal Immigration. CQ Researcher, 15(17), 393

Lee, Y. T., Ottati, V., & Hussain, I. (2001). Attitudes toward “illegal” immigration into the          United States: California Proposition 187. Hispanic Journal of Behavioral Sciences, 23(4), 430-443.

Liu, X. (2010). On the macroeconomic and welfare effects of illegal immigration: Journal of         Economic Dynamics and Control, 34(12), 2547-2567.

Nadadur, R. (2009). Illegal Immigration: A Positive Economic Contribution to the United States.            Journal Of Ethnic & Migration Studies, 35(6), 1037-1052.          doi:10.1080/13691830902957775

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