
IMMIGRATION
There is no question that every country needs immigration policies. Border enforcement is essential to our safety and economy. However, many inaccuracies and misconceptions have taken hold through our media over the years, and immigration has become an increasingly polarizing topic.
The United States has more immigrants than any other country in the world. Today, more than 40 million people living in the U.S. were born in another country, accounting for about one-fifth of the world’s migrants (Budiman, 2020). It is incumbent upon us to research and analyze data on immigration in order to effectively debate and, ultimately, vote for immigration policy. We should also consider what our policies say about who we are as individuals and as a country, a country that has a long history of immigration. We must work together to address these notions in conjunction with evolving research if we want to create and enact effective and humane immigration policies.
Last Updated 9/1/23
U.S. Federal & State Legislation
2023 Federal Border Enforcement Actions proposed by the Biden-Harris Administration
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Increasing the Use of Expedited Removal
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Announcing New Measures to Encourage Individuals to Seek Orderly and Lawful Pathways to Migration
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Expanding the Parole Process for Venezuelans to Nicaraguans, Haitians, and Cubans
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Tripling Refugee Resettlement from the Western Hemisphere
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Launching Online Appointment Portal to Reduce Overcrowding and Wait Times at U.S. Ports of Entry
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Surge Resources to Secure the Border, Disrupt Criminal Smuggling Networks, and Support Border Communities
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Increasing Humanitarian Assistance in Mexico and Central America
State Policy
According to the the Immigrant Legal Resource Center, "two states had particularly strong and comprehensive laws protecting immigrants, and fell into the most protective category: Oregon and Illinois... And four states have particularly aggressive and comprehensive anti-sanctuary laws that force local agencies to be involved in deporting their constituents: Florida, Texas, West Virginia and Iowa."
Map from the Immigrant Legal Resource Center on 9/10/23
Regardless of your immigration status, you have guaranteed rights under the Constitution. A few important ones include:
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You have the right to remain silent and do not have to discuss your immigration or citizenship status with police, immigration agents, or other officials. Anything you tell an officer can later be used against you in immigration court.
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If an immigration agent asks if they can search you, you have the right to say no. Agents do not have the right to search you or your belongings without your consent or probable cause.
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If you are driving and are pulled over, the officer can require you to show your license, vehicle registration and proof of insurance, but you don’t have to answer questions about your immigration status.
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If the police are at your home, stay calm and keep the door closed. Opening the door does not give them permission to come inside, but it is safer to speak to ICE through the door. A warrant of removal/deportation (Form I-205) does not allow officers to enter a home without consent. If they don’t produce a warrant, keep the door closed. State: “I do not consent to your entry.”
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If you are stopped by police or ICE, you do not have to answer questions about where you were born, whether you are a U.S. citizen, or how you entered the country.
Common Arguments & Resources
Most undocumented immigrants come over the U.S.-Mexico border.
In recent years, the debate of whether or not we should build a wall on the U.S.-Mexico border has become a widely discussed topic. Since 2010, only one out of three new undocumented residents have arrived by crossing the US-Mexico border. Visa overstays have outnumbered people who enter the country illegally at the Southern border every year since 2007, according to a report by the Center for Migration Studies. In fact, nearly half of those who are in the country unlawfully actually entered with permission. According to a 2017 report, about 4.5 million of the 11 million undocumented immigrants in the United States overstayed visas, which is equivalent to 42% of the total undocumented population. Additionally, more overstayers arrived from India than from any other country—including Mexico—from 2010 to 2017. By race and ethnicity, more Asian immigrants than Hispanic immigrants have arrived in the U.S. in most years since 2009 (Budiman, 2020). So it may be wise to consider using our border enforcement resources in another manner.
Immigrants use more social programs like welfare.
Undocumented immigrants, temporary residents, and even newly-arrived permanent residents are not eligible for federal public benefits such as Social Security, Medicaid, Medicare and food stamps with very few exceptions (such as access to medical care for victims of human trafficking). In fact, most legal immigrants do not have legal access to means-tested welfare for their first five years in the U.S. Overall, immigrants are less likely to consume welfare benefits and, when they do, they generally consume a lower dollar value of benefits than native‐born Americans (Nowrasteh & Orr, 2018). In fact, if native-born Americans used government benefits at the same rate and consumed the same value of benefits as immigrants, the welfare state would shrink by 43%, or by more than $1.3 trillion (Nowrasteh, 2018). Immigrants also make large net contributions to Medicare and Social Security, the largest portions of the welfare state, because of their ages, ineligibility, and their greater likelihood of retiring in other countries.
Undocumented immigrants don't pay taxes.
In 2019, immigrants collectively paid more than $492 billion in taxes, including more than $30 billion in taxes paid by undocumented immigrants. For starters, everyone pays sales taxes on goods they purchase and property taxes on the homes they buy. In addition, more than half of all undocumented immigrant households file income tax returns using Individual Tax Identification Numbers. The Individual Taxpayer Identification Number (ITIN) is a tax-processing number issued by the Internal Revenue Service (IRS) to ensure that people—including undocumented immigrants—pay taxes even if they do not have a Social Security number (SSN) and regardless of their immigration status (2022). ITIN holders are not eligible for all of the tax benefits and public benefits that U.S. citizens and other taxpayers can receive. For example, an ITIN holder is not eligible for Social Security benefits or the Earned Income Tax Credit. However, if that person becomes eligible for Social Security in the future (i.e., by becoming a lawful permanent resident), the earnings reported with an ITIN may be counted toward the amount they are eligible to receive. An example of ITIN holders would be participants of the Deferred Action for Childhood Arrivals program (DACA) who pay an estimated $1.6 billion in state and local taxes (Kosten, 2018).
Immigrants take American jobs.
A report by the U.S. Chamber of Commerce shared the following, "Employment is not a 'zero-sum' game. The U.S. economy does not contain a fixed number of jobs for which immigrants and native-born workers compete. For instance, if the 8.1 million undocumented immigrant workers now in the United States were removed from the country, there would not be 8.1 million job openings for unemployed Americans. The reason for this is two-fold. First, removing 8.1 million undocumented workers from the economy would also remove 8.1 million entrepreneurs, consumers, and taxpayers. This would cause the U.S. economy to lose jobs. Secondly, native-born workers and immigrant workers tend to possess different skills that often complement one another, and are therefore not interchangeable. One of the principal ways in which immigrants create jobs is through the businesses they establish. Immigrants to our country join native-born Americans in being risk takers. According to the Kauffman Index of Entrepreneurial Activity, in 2014 immigrants continued to be 'almost twice as likely as the native-born to become entrepreneurs.' Using census data, the Partnership for a New American Economy estimates that immigrant-owned businesses 'generate more than $775 billion in revenue, $125 billion in payroll, and $100 billion in income, employing one out of every 10 workers along the way.' Moreover, immigrants made up 28% of all new entrepreneurs in 2014—up from 13.3% in 1996. Immigrants also create jobs as consumers. Immigrant workers spend their wages buying food, clothes, appliances, cars, and other products and services from U.S. businesses" (2016).
Most immigrants are in the United States illegally.
Of course, there are undocumented immigrants in every country around the world, especially a popular destination like the United States. According to data from Pew Research, 45% of immigrants were naturalized citizens and 27% were lawful permanent residents. The remaining percentage of immigrants are refugees or asylum seekers, individuals on temporary visas or undocumented immigrants. It is estimated that 23% of all immigrants were unauthorized immigrants in 2017 (Budiman, 2020). While this is a meaningful percentage in relation to the immigrant population, it only represents 3.3% of the U.S. population according to the 2019 U.S. Census Bureau data.
More than 1 million immigrants arrive in the U.S. each year, and there is a common and damaging stigma about most immigrants being from Mexico. It is true that Mexico is the top origin country of the collective U.S. immigrant population, but that is changing. By race and ethnicity, more Asian immigrants than Hispanic immigrants have arrived in the U.S. in most years since 2009. In 2018, more immigrants came from China and Asia than from Mexico, as we continue to see a decline in immigration from Mexico every year and a flow of Mexican immigrants back to their native country. Asians are actually projected to become the largest immigrant group in the U.S. by 2055, surpassing Hispanics (Budiman, 2020).
Immigrants should do it legally. It's not that hard.
In an ideal world, this might be true. But it's not as easy as some might want to make it seem.
First of all, it is incredibly complicated. Rutgers University law professor Elizabeth Hull says that our immigration laws are “second only to the Internal Revenue Code in complexity,”and according to the American Bar Association, “To say that immigration law is vast and complex is an understatement” (Nolan Rappaport, 2020).
According to the American Immigration Council, immigration to the United States on a temporary or permanent basis is generally limited to three different routes: employment, family reunification, or humanitarian protection. Each of these legal avenues is highly regulated and subject to numerical limitations and eligibility requirements. As a result, most undocumented immigrants do not have the necessary family or employment relationships and often cannot access humanitarian protection, such as refugee or asylum status" (2021).
Many migrants and undocumented immigrants do not have the necessary personal or professional relationships but even if they did, the demand from both family members and workers who want to immigrate to the United States is typically higher than the number of slots available each year. Most also cannot access humanitarian protection such as refugee or asylum status so, for many migrants, the diversity green card lottery is the last option. This program requires at least a high school degree, two years of work experience and being from a country that sends few immigrants to the U.S. People from Mexico, China, the Philippines, India, and other countries with higher levels of immigration to the U.S. are not eligible. But let's say you are eligible to enter the lottery. Your chances are slim. To put it in perspective, about 23 million people entered the lottery for 50,000 green cards in 2017, which is equivalent to a 0.2% chance of being selected (Connor, 2018). Unfortunately, the Diversity Visa Program is barely functioning right now due to the continued impact of immigration bans implemented during the COVID-19 pandemic and extremely slow processing by the Biden administration (2021). The hurdles just keep coming.
Aside from complexity and eligibility, you have to consider cost. According to the USCIS website as of 2023, filing fees for family-based applications range from $1200-1760. An entrepreneur would pay a minimum of $3,675. Then applying to move from temporary to permanent status is $1,670, and an application for Certificate of Citizenship is $1,170. You should also note that none of the above costs include biometric costs, medical evaluations or any other extras. Furthermore, because the process is so complicated, most insist that having an attorney to assist you through the process is imperative to your success, which is another cost ranging from $1,500 for a simple case up to $12,000 or more for a complex case. Keep in mind that many of these immigrants are not coming from wealthy nations or families because if they did, they would apply for an EB-5 visa as an investor, which is almost guaranteed a visa. So much inequity boils down to wealth.
Immigrants are more likely to commit crime.
"This myth has been around for over a century. It wasn’t true in 1896, 1909, 1931, 1994, or more recently. Immigrants are less likely to be incarcerated for violent and property crimes and cities with more immigrants and their descendants are more peaceful. Some immigrants do commit violent and property crimes but, overall, they are less likely to do so" (Nowrasteh, 2018). Compared to undocumented immigrants, U.S. citizens were twice as likely to be arrested for violent felonies in Texas from 2012 to 2018, two-and-a-half times more likely to be arrested for felony drug crimes, and over four times more likely to be arrested for felony property crimes, according to a study published by University of Wisconsin–Madison researchers (Barncard, 2020).
The correlation of crime and immigration was also addressed in a 2015 special report by the American Immigration Council, which stated "Between 1990 and 2013, the foreign-born share of the U.S. population grew from 7.9% to 13.1% and the number of unauthorized immigrants more than tripled from 3.5 million to 11.2 million. During the same period, FBI data indicate that the violent crime rate declined 48%—which included falling rates of aggravated assault, robbery, rape, and murder. Likewise, the property crime rate fell 41%, including declining rates of motor vehicle theft, larceny/robbery, and burglary."


REFERENCES
Azoulay, P., Jones, B., Kim, J. D., & Miranda, J. (2020, September 7). Immigration and entrepreneurship in the United States. NBER. https://www.nber.org/papers/w27778
Barncard, C. (2020, December 7). Undocumented immigrants far less likely to commit crimes in U.S. than citizens. University of Wisconsin-Madison News. https://news.wisc.edu/undocumented-immigrants-far-less-likely-to-commit-crimes-in-u-s-than-citizens/
Broder, T., & Lessard, G. (2023). Overview of immigrant eligibility for federal programs. National Immigration Law Center. https://www.nilc.org/issues/economic-support/overview-immeligfedprograms/
Budiman, A. (2020, August 20). Key findings about U.S. immigrants. Pew Research Center. https://www.pewresearch.org/short-reads/2020/08/20/key-findings-about-u-s-immigrants/
Christensen Gee, L., Wiehe, M., Hill, M. E., & Gardner, M. (2017, March). Undocumented Immigrants’ State & Local Tax Contributions. Institute on Taxation and Economic Policy (ITEP). https://itep.org/undocumented-immigrants-state-local-tax-contributions-2017/
Connor, P. (2018, August 23). Applications for U.S. diversity visa lottery remained near record in 2017. Pew Research Center. https://www.pewresearch.org/short-reads/2018/08/23/applications-for-u-s-visa-lottery-more-than-doubled-since-2007/#:~:text=More%20than%2022.4%20million%20people,of%20U.S.%20State%20Department%20data.
The facts about the individual taxpayer identification number (ITIN). American Immigration Council. (2022, April 11). https://www.americanimmigrationcouncil.org/research/facts-about-individual-taxpayer-identification-number-itin
Hearing statement: “securing the border: Defining the current population living in the Shadows and addressing future flows.” Committee on Homeland Security & Governmental Affairs. (2023, May 4). https://www.hsgac.senate.gov/media/dems/hearing-statement-securing-the-border-defining-the-current-population-living-in-the-shadows-and-addressing-future-flows/
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Immigration reform: Implications for growth, budgets and housing. Bipartisan Policy Center. (n.d.). https://bipartisanpolicy.org/report/immigration-reform-implications-growth-budgets-and-housing-824/
Kosten, D. (2018, September). Immigrants as economic contributors: Immigrant Tax Contributions and spending power. National Immigration Forum. https://immigrationforum.org/article/immigrants-as-economic-contributors-immigrant-tax-contributions-and-spending-power/
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Nowrasteh, A. (2018, May). The most common arguments against immigration and why they’re wrong. CATO Institute. https://www.cato.org/blog/14-most-common-arguments-against-immigration-why-theyre-wrong
Nowrasteh, A., & Orr, R. (2018, May). Immigration and the Welfare State: Immigrant and Native Use Rates and Benefit Levels for Means‐Tested Welfare and Entitlement Programs. CATO Institute. https://www.cato.org/immigration-research-policy-brief/immigration-welfare-state-immigrant-native-use-rates-benefit
Rappaport, N. (2020, November 23). How many of our immigration judges are amateurs at immigration law?. The Hill. https://thehill.com/opinion/immigration/527104-how-many-of-our-immigration-judges-are-amateurs-at-immigration-law/
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Who pays? 6th edition. ITEP. (n.d.). https://itep.org/whopays/
Why don’t immigrants apply for citizenship? American Immigration Council. (2021, October 9). https://www.americanimmigrationcouncil.org/research/why-don%E2%80%99t-they-just-get-line


