Illegal Immigration, Litigation and Solution
Illegal Immigration is in-movement to a Country by breaching the immigration laws and charter of the host Country. The existence of undocumented aliens in the United States is a product of the gap between the number of people allowed to take up residency in the United States and the global demand for U.S. residency. Despite government efforts to regulate immigration, the United States population includes millions of illegal immigrants who choose to ignore the law and become U.S. residents without official permission. Most come due to the following reasons: the desire for a better life, a better job, reunifying with relatives, or escaping oppressive conditions at home. They migrate through permeable border points, over staying the legal duration of a visa and admission by using fraudulent identity and/or documents.
The growing number of illegal immigration has been reported across ethnicity, and it caused an increase in population across United States of America. In reference to the Pew Hispanic Center evaluation, there are eleven million immigrants in America, six to seven million of whom in-migrate to the United States through prohibited access, mainly through the rural, mountainous and arid border of Arizona and Mexico. Estimates also show that between four to five million unauthorized migrants who account for between 33–50% of the total alien mass, gain access into the United States with a proper visa but over dwell. Approximately 250,000 and 500,000 illegal immigrants gain admission through fraudulent use of identity and/or documents (Pew Hispanic Center Fact-sheet, 2006). From this statistical report, we can predict how big of an impact illegal immigrants can have on the social, political and economic structure of the US.
The enactment and subsequent amendments of Immigration and Nationality Act (INA) in 1990 and 1996 that required increased legal immigration ceilings, phone verification for worker authentication by employers and increased border enforcement and other laws such as the Enhanced Border Security and Visa Entry Form Act of 2002 which mandated for more Border Patrol agents and the Real ID Act of 2005 which transformed visa limits for temporary workers and introduced laws that interfere with construction of physical barriers at the borders prohibited and controlled unauthorized immigration into the United States failure to which Civil and Criminal penalties would be imposed on he culprit(s) (Michael 2006).
The INA is implemented by the U.S. Border Patrol (USBP), the U.S. Customs and Border Protection (CBP), Immigration and Customs Enforcement section and the United States military while the local law enforcement agencies, private populations and indigenous groups enforce the local government laws.
Illegal aliens in the United States represent a meaningful portion of the working population, despite laws and enforcement statutes designed to prevent the employment of unauthorized workers. The Federal Immigration Reform and Control Act (ICRA) of 1986 establishes a National Policy regarding the employment of undocumented immigrant workers and places considerable accountability on employers to verify an applicant's legitimate validity and to dismiss workers without status. Hoffman Plastic Caserecognized that the National Immigration Policy should limit unauthorized workers support. The logic was that an unauthorized immigrant who could not legally work should not be compensated in a lawsuit since it would be violating the law. Courts also found that immigration status and unauthorized work status do not bar a worker claiming compensation. They however, declined to extend the reasoning on Hoffman Plastic to different case solutions as it was for Catalan versus Vermillion Ranch Limited Partnership where the court refused to enter a custodial order regarding the complainant’s immigration status (David, 2009).
Although Illegal Immigration may diversify or better the economy by benefiting investors, employers, consumers and the US international economic position, to a large proportion, it costs the states’ money by overstretching social welfare support programs (CBS, 2006) which is however paid for by the local residents. Illegal Immigration promotes drug trafficking where illegal immigrants smuggle tons of drugs cross the border. It also promotes petty crime and terrorism as majority of the alien immigrants have a criminal background and have no documentation to show their records (Izumi, 1997).
Illegal immigration may be controlled by setting up undocumented workers program, whereby employers and State welfare workers verify them through a database with current immigrant and visa information. Serious repercussions should however be imposed on employers who engage illegal workers in jobs. Local law enforcement must be given more jurisdictions over illegal immigrants in their own communities. Illegal immigrants who commit crimes must be tried in American courts and, if convicted, serve their entire sentences in American prisons. This would ease on criminal activities and terrorism.
In Conclusion, Comprehensive immigration policies should be reformed and enforced by securing the borders, enforcing all immigration laws, reforming the visa system and partnering with Latin America on key economic and reform initiatives for a better economy and interrelations with the neighboring countries.