Immigrants' Rights

 

 

Immigration Reform:
The President's Proposal & Community Response


Statements from AFSC

AFSC responds to President's proposal on immigration reform: "Filled with Sweeping Generalities and Few Details"

When President Bush outlined the administration's new approach to U.S. immigration policy on Wednesday, January 7, he spoke mostly in sweeping generalities, and offered few details about any specific new legislation, which must be passed by Congress before any meaningful changes are enacted.

"The few specific proposals outlined in the balance of his announcement fall well short of the the evolving demands of international law and the ethics of global justice," states Camilo Perez-Bustillo, migration and mobility goal director for Project Voice - the American Friends Service Committee's immigrant rights program. read more>

Comunicado en español desde AFSC-Austin>

Bring Immigrants out of the Shadows, an op-ed from AFSC-Newark and ACLU staff


President Bush's Speech

Read the speech on the White House website:


Statements from Other Organizations

Follow the links below to statements on the organizations' websites.

The following organizations' statements do not appear on-line. We publish the full text below.


Asian Pacific American Labor Alliance

FOR IMMEDIATE RELEASE
January 8, 2004
Contact: Gloria T. Caoile (202) 974-8051

Asian Pacific American Workers Disappointed with President Bush's Immigration Plans

(Washington, D.C.) - The proposed changes to immigration laws announced by President Bush are a "huge disappointment for immigrant workers and all Americans", said Luisa Blue, President of the Asian Pacific American Labor Alliance, a national Coalition of Asian American and Pacific Islander union members and their supporters. "The President's proposal will give undocumented workers - who are doing some of the most difficult and dangerous jobs in America - some temporary relief in their legal status, but it will not provide them with an opportunity to truly earn citizenship and help them realize their dreams."

Under the proposed changes, all undocumented workers now in the United States, who can obtain proof from an employer that they are working - or for those still in their home countries, a job offer - would get an initial three-year work permit that would be renewable for an unspecified period.

Blue said the President's plan "promotes servitude and does nothing to protect worker rights. These workers will be at the mercy of unscrupulous employers".

Gloria T. Caoile, Executive Director of APALA said, "We need to reform the immigration system to allow those who work hard and pay taxes to adjust their status, while at the same time making more room for families seeking to rejoin relatives who are here. The Bush plan ignores the millions of families who have filed applications to rejoin relatives and have been waiting as much as ten to fifteen years to come to this country.

Caoile said, "Immigrants come to the United States believing this is still the land of opportunity. The proposed temporary worker program significantly alters that view. We are basically saying opportunities will be limited, and if you are part of the poor, tired, and the huddled masses yearning to breathe free, you can come here but you will remain poor because we will not grant you a clear path to citizenship. That is such a contradiction on how this country has prospered from the labors of immigrants."


Border Working Group, Religious Task Force on Central America & Mexico

For Immediate Release: Friday, January 16, 2004
Contact Information below

Reacting to President Bush's Immigration Proposal, Religious and Policy Groups Point to Broken Immigration System, Border Deaths

Washington DC, January 2004 - On January 7, President Bush outlined his proposal for immigration reform, and acknowledged that our current system "is not working." He recognized that, though we are a nation that values and depends on immigration, our laws force migrants to risk their lives crossing the border into our country, where they "end up in the shadows of American life." While details have not been fully clarified, the President's plan does not provide significant long-term solutions to these problems.

The number of people who have died crossing the US-Mexico border has skyrocketed since 1994, when the US Border Patrol's Southwest Border Strategy began to push migrant traffic into remote, dangerous terrain by sealing off traditional crossing routes. Despite a tripling of resources for the Border Patrol since 1994, the General Accounting Office stated in an August 2001 report that the "INS has not evaluated the strategy's overall effects on illegal entry and has not analyzed key performance data."  

The last several years have seen the equivalent of a death a day in the deserts and mountains that border Mexico. In the coming months, it will be important to reevaluate our country's trade, immigration and border policies in order to stop these unconscionable deaths and uphold the human dignity of migrants.

Groups working for justice at the US-Mexico border welcome the return to a national discussion on immigration generated by the President's proposal. But faith-based groups and policy organizations voice their concerns that President Bush's plan for a temporary worker program will not do enough to solve the human rights crisis at the US-Mexico border, citing the faulty logic of free trade, dangerous border policies, and barriers to legal permanent status as areas of concern. We are including past documents written by members of the Border Working Group that are relevant to the current debate.

The following analysts are available for interviews on this topic:

J. Daryl Byler, Director, Mennonite Central Committee U.S. Washington Office (202-544-6564, jdb@mcc.org): "The U.S. immigration system is broken. Increased border patrols, more workplace raids, continued backlogs in document processing and reduced access to public services have succeeded only in alienating the growing immigrant population. Meanwhile, millions of unauthorized workers are vulnerable to exploitation, human trafficking has become a multi-billion dollar industry and 2,000 people have died on the U.S./Mexico border in the past five years. Still, U.S. companies continue to offer jobs to immigrants, and U.S. policies (among other factors) continue to destabilize the economies of immigrants' home countries. In many cases, bad laws are breaking good people rather than vice versa. Calling immigrants without papers "undocumented" rather than "illegal" recognizes this reality. 

Camilo Perez-Bustillo, Migration and Mobility/Project Voice Director, American Friends Service Committee (215-241-7529, cperez-bustillo@afsc.org): "The President's speech seems timed to enhance U.S. credibility on the eve of his visit to Mexico as part of the next round of negotiations intended to culminate in the expansion of the North American Free Trade Agreement into a Free Trade Area of the Americas. But NAFTA, the FTAA, and their equivalents elsewhere, are important causes of upheaval and cruelty. These initiatives have helped drive millions of people to migrate and abandon their homes in search of a better life. Criminalizing this migration or simply providing temporary legal status, as the President proposes in his statement, creates a permanent underclass in U.S. society, which neither respects human rights nor reflects economic reality. AFSC believes that immigration reform must provide a safe and sure path to permanent legal status, and ultimately citizenship, for all of the 8-12 million undocumented immigrants who reside in the U.S. "

Margaret Swedish, Director, Religious Task Force on Central America and Mexico (202-529-0441, mswedish@rtfcam.org): "US immigration policies and border strategies have forced economic migrants into dangerous - and even deadly - situations for far too long, and we welcome the prospect of reform. But lawmakers must ask themselves; does President Bush's proposal do enough to prevent the hundreds of migrant deaths that occur each year at our border with Mexico ? Unless reforms meet the needs of all who need to enter our country - because of family ties or desperate economic situations at home - "illegal" immigration will continue, and with it, the deaths that weigh so heavily on all our shoulders. Our national policies must respect human lives and human dignity."

Susan Thompson, Medical Mission Sisters Alliance for Justice (703-624-1454, susanstarrsthompson@juno.com) "From our work on the US/Mexico Border we know first-hand of the broken immigration policy about which President Bush speaks. We know that most undocumented migrants come to the U.S. in desperation to ensure the economic survival of their families. Many risk their lives crossing the border. Since there are jobs in the United States needing workers we believe that workers should be allowed safe and legal travel to take them. President Bush's plan does not provide adequate structures to make this happen especially when we look at the needs of families."

Sean Mariano Garcia, Senior Associate, Latin America Working Group (202-546-7010, sgarcia@lawg.org ): "President Bush has stated that the top reason for proposing immigration reform is to enhance our national security, but he has not said one word as to how he plans to do that.  Along our border with Mexico, the Border Patrol's security plans still focus on deterring migrants, at a cost of hundreds of millions of dollars a year.  The role of the Border Patrol, its policies that drive hundreds of people to their deaths in the desert each year, and how it can become effective at deterring terrorism must be addressed as part of the immigration reform debate.  If national security is the top reason for Bush's immigration proposal, it must include an alternative to the Southwest Border Strategy that realistically identifies the threats we face as a nation, that recognizes the difference between a migrant and a terrorist, and that proposes effective strategies to combat those threats."

All organizations are members of the Border Working Group, t he Washington DC–based coalition made up of more than 15 national faith-based and human rights groups. The BWG works together to coordinate advocacy in DC on US-Mexico border issues, paying particular attention to the migrant deaths at the border and the policies that cause these deaths. The BWG also raises awareness of these issues in their constituencies throughout the country. For background and resource materials on border issues, see http://www.rtfcam.org/border/materials.htm


Catholic Legal Immigration Network, Inc

FOR IMMEDIATE RELEASE
January 7, 2004
Contact: Scot Christenson
202/635-5816

CLINIC Calls For Improvements To Bush's Immigration Reform Plan; Plan Lacks Measures For Permanency and Family Unity

Washington, DC - The Catholic Legal Immigration Network, Inc (CLINIC) today welcomed President George W. Bush's return to the issue of immigration policy reform. While CLINIC was pleased to hear the President acknowledge that our nation values and depends on immigrants, his plan to grant certain immigrant laborers only temporary work permits falls well short of addressing the major problems of current U.S. immigration policy.

The most glaring omission from the plan, and perhaps the most vital element of any attempt in establishing a fair immigration policy, is a path to lawful permanent resident status. Any temporary worker program must recognize the contributions of long-term laborers and give them the option of becoming permanent residents. Those who help drive the U.S. economy should have the option to integrate themselves with the society that enjoys the fruits of their labor. Bush's proposed reform does not sufficiently address the lack of options for gaining permanent legal status or offer a suitable remedy for the incredible backlog of migrants that have already been seeking residency for far too many years.

How the process for renewing temporary permits will be handled also remains unanswered. With the absence of channels for lawful permanent status, immigrant workers will still be in a precarious position. In fact, labor abuses have been endemic in past temporary worker programs. While the job portability that is apparently provided in the Bush plan will help promote labor rights, only the opportunity of permanency will adequately protect workers from abuse and exploitation.

CLINIC also urges that provisions for maintaining family unity not be overlooked. While most migrants will be entering the United States for work, many will need to cross the border to be with family members.

CLINIC believes that the reform plan must be amended to provide a framework for giving families the opportunity to legally reunite with their loved ones working in the United States. The current system has unacceptable waiting periods of approximately eight years for the spouses and children of Mexicans who are already lawful permanent residents. A policy that would allow workers to travel with their families would not only facilitate family unity, it would also help build strong communities.

"There has been a dire need for immigration policy reform and we are pleased that President Bush has recognized that the system is broken and needs to be fixed," said Donald Kerwin, Executive Director of CLINIC. "However, today's proposed plan does not offer solutions for the lack of opportunities for workers and their families to become permanent residents. We hope that this proposal encourages constructive dialog on these issues and that proposed future plans will include provisions for permanent legal immigration and family unity."

The Catholic Legal Immigration Network, Inc., a subsidiary of the U.S. Conference of Catholic Bishops has the nation's largest network of charitable immigration services with 148 affiliates in 242 field offices around the country, advocates for transparent, fair and generous immigration policies.


Columban Mission Society ( U.S. Region)

Response to President Bush's Temporary Guest Worker Program
January 2004

The U.S. Region of the Missionary Society of Saint Columban responds to President Bush's proposed Temporary Guest worker Program from a global perspective and years of experience working with migrants and labor rights movements along the U.S.-Mexico border, Chicago and Callifornia, as well as in Taiwan, Korea, Australia, New Zealand, the Philippines, Ireland, and England. We are pleased that the Administration raises the issues of immigration reform and border deaths to the national level, but we are concerned that many of the provisions outlined will have an adverse effect on the already precarious system. We also point out that by implementing a temporary visa system the underlying reasons why people migrate in the first place are not addressed.

The legal framework that the temporary worker program establishes is that migrants who are currently employed or those who secure employment prior to arrival to the U.S. may be granted legal status for a three-year period with the possibility of renewal for another three years. Once this period ends, the migrant will be required to return to his or her home country. These temporary workers will be legally bound to one employer with no option of accepting other employment should those conditions be more favorable. President Bush assures that labor rights will be enforced. However, one's right to freely seek optimal employment is taken away at the very outset. How than can we expect that other labor rights will be properly enforced?

This system does not take into account the thousands of migrants who work in informal conditions such as day laborers. They will be excluded from the program although thousands of them have been in the U.S. for years without criminal records contributing to the social, economic and political vitality and diversity on which this country was founded. They certainly have earned their right to participate openly and completely in society without fear of discrimination, harassment and/or deportation.

Family reunification is another issue that was not satisfactorily outlined. The average waiting period for visa approval for a spouse or child is 5 to 8 years. This means that the temporary worker's visa will have expired by the time the applicant's case will have been seen. These extended waiting periods are shortened by precarious migration attempts through extremely dangerous terrain along the border between the U.S. and Mexico causing hundreds of deaths each year including many unaccompanied minors. U.S. Border Patrol programs like "Operation Hold the Line," "Operation Gatekeeper," and "Operation Safeguard" serve only to exacerbate the dangers rather than create a more humane and orderly border crossing. We do not expect that under the temporary program, clandestine crossings will diminish.

Human trafficking has ballooned into a major black market business. Desperate migrants pay thousands to coyotes who promise safe passage to the U.S. More often than not once the coyotes receive payment, they abandon their clients, leaving them to face uncertain territory in life-threatening the desert conditions of extreme heat and cold, or dangerous waters that are often uncrossable leading to drowning. Our question is will this underground smuggling cease or continue? Will a more "white market" style of trafficking disguised by words like "recruiting" be introduced by less ethical employers?

The Columban experience in Taiwan indicates that the Taiwanese temporary worker system created abuses of this exact nature. Unsuspecting migrants from Thailand , the Philippines and other parts of Asia trusted these "recruiting agents" to find them employment. Upon arrival in Taiwan , the types of employment offered were often in the illegal sex industry, or service industry working as nannies or house employees resulting in extreme abuses by the employer. Otherwise, the recruiter took the migrants money and ran with no employment or legal documents. We are aware that similar practices apply in South Korea . How can we prevent such a scenario from playing out in the U.S. ? These are some of the practical questions we raise.

Our deeper concern lies in the fact that the ever increasing migration from Central America and Mexico is caused not by this idyllic notion of people in search of the "American Dream" but rather an economic reality in their home countries that does not permit them to live a dignified life and provide for their families. We believe there exists the human right to migrate. But we also believe in the human right to sustainable living conditions in one's home country. We echo the words of Pope John XXIII when he said in Pacem in Terris , "Every human being has the right to freedom of movement and of residence within the confines of his own country; and when there are just reasons for it, the right to emigrate to other countries and take up residence there."

We believe that the greatest force behind this massive movement of people is the free trade model established by NAFTA. Ten years provide an ample time frame to show that free trade does not work for the majority, especially the Mexican majority. Mexicans lost their jobs lost at an alarmingly high and steady rate over the last ten years. Unable to compete with large transnational corporations in technology and high output, thousands of Mexican small and medium sized farms and businesses closed. Had their economic situation in Mexico not been so dismal, there would have been less urgency to look to the North to provide solutions. We are discouraged by the recent approval of CAFTA and fear for what the FTAA implies for the entire region of the Americas in terms of migration. If we do not establish an immigration policy based in solidarity and mutual interest, we can only anticipate exacerbated migration abuses.

In a joint pastoral letter by the Catholic Bishops of Mexico and the United states, Strangers No Longer: Together on a Journey of Hope, January 2003, they remind us that, "regardless of their legal status, migrants, like all persons, possess inherent human dignity that should be respected. Often they are subject to punitive laws and harsh treatment from enforcement officers from both receiving and transit countries. Governments policies that respect the basic human rights of the undocumented are necessary."

We believe that President Bush's proposed temporary worker program as it has been presented falls short of this call. We encourage this Administration to actively engage in open and honest dialogue with all members of government and civil society in both Mexico and the United States to redesign an immigration reform that truly meets the needs of both countries. This dialogue must include a critical analysis of how free trade policies negatively impact both the economies and migration in all countries. We believe that until the United States can genuinely respond to the legal and social needs of migrants we will be doomed to live the long dark night. 

Columban Justice and Peace Office
Washington , D.C.

Father Mike Dodd
Coordinator

Amy W. Echeverria
Latin America Associate


National Federation of Filipino American Associations (NaFFAA) Washington, D.C.

FOR IMMEDIATE RELEASE
January 9, 2004
CONTACT: Jon Melegrito
Tel. 202.361.0296

NAFFAA Welcomes Bush Immigration Reform Proposal, But with Reservations

Washington D.C. - " We are heartened by President George W. Bush's proposal to reform our country's immigration policy," says NaFFAA National Chair Loida Nicolas Lewis. " Finally, he has heard the clamor for justice of undocumented immigrants who contribute to the national economy of the United States. This is a welcome step to take at the beginning of the New Year. We have long recognized the need for federal action regarding the 8 million to 10 million undocumented immigrants who who have been subjected to exploitation and abuse. It's time they are given legal status."

Lewis is concerned, however, that the measures outlined in the president's proposal do not adequately address the fundamental problems of the nation's immigration system. " We would like to see the speedy processing of the petition for relatives of Filipino immigrants for the purpose of family unification, " Lewis adds. " The reduction of the massive backlogs in family immigration must be given top priority. Any meaningful reform should also provide reasonable opportunities for people already living and working in the United States to become lawful permanent residents. Moreover, any temporary worker program must be accompanied by an opportunity for lawful permanent residence and full labor protections for U.S. and immigrant workers alike."

Citing figures provided by the National Asian Pacific American Legal Consortium (NAPALC), Lewis notes that approximately 1.5 million of the 3.5 million people caught in the family immigration backlog are from Asian countries. "While we commend the President's renewed interest in immigration reform, he should explicitly call for a reduction in the family immigration backlog," said Lewis. "Family reunification is very important to our community. Something must be done for the millions of U.S. citizens and lawful permanent residents who have been waiting for a long time to reunite with their families."

Lewis also stressed that although the proposal allows undocumented immigrants to receive temporary work visas for three years, it must also provide a reasonable way for them to eventually become permanent residents. "Many of these workers are hard-working and law-abiding members who have established roots and developed close links to the communities they live in. As workers, their contributions to the U.S. economy are tremendous. It would be unrealistic, therefore, to send them back to their country of origin after they have fully integrated themselves in the U.S."

Noting that there are currently two excellent bills in Congress with broad bipartisan support, Lewis said that these measures should be enacted. One, called the AgJobs bill, would help 500,000 agriculture workers already in America to earn a form of legal status. The other, called the Dream Act, would allow illegal immigrants' children who have grown up in this country, to pay in-state college tuition rates and earn a path to citizenship. " We call on President Bush to support these two bills, " Lewis said. " Their passage would most assuredly help repair what is presently a broken immigration system."


National Korean American Service & Education Consortium (NAKASEC)

Press Release
For Immediate Release Contacts: EunSook Lee, 323. 937. 3703
Los Angeles - Dae Joong Yoon, 323. 937. 3718
New York - YuSoung Mun, 718. 460. 5600
Chicago - Chaegu Lee, 773. 506. 9158

NAKASEC STATEMENT ON THE WHITE HOUSE ANNOUNCEMENT ON COMPREHENSIVE IMMIGRATION REFORM

[Los Angeles] The National Korean American Service & Education Consortium (NAKASEC), and its affiliates the Korean Resource Center (Los Angeles), the Young Korean American Service & Education Center (New York) and the Korean American Resource & Cultural Center (Chicago) welcome President Bush' s interest in addressing immigration reform. Unfortunately, his much anticipation announcement on Wednesday, January 7, 2004 fails to address the legitimate concerns and views of immigrant communities.

EunSook Lee, executive director of NAKASEC stated: We all recognize that the immigration system is broken and Korean Americans and our fellow immigrant communities have been consistently organizing for comprehensive immigration reform. Unfortunately, President Bush' s proposal does not respond to these sincere community efforts. "

Dae Joong Yoon, executive director of the Korean Resource Center said: Already, we are receiving calls from community members confused about whether President Bush' s proposal will provide undocumented workers with a meaningful access to legalization. This is not the case. Rather it will legalize a system of cheap and exploitable labor. "

Yu Soung Mun, executive director of the Young Korean American Service & Education Center added: " A tremendous movement to enable undocumented students to legalize their immigration status has involved the participation of Korean American and other immigrant communities. Unfortunately, President Bush' s proposal ignores this broad and national community call for the passage of the DREAM/Student Adjustment Act, a bi-partisan bill.

Kent Chaegu Lee, executive director of the Korean American Resource & Cultural Center concluded: " Just as importantly, the Bush proposal fails to address the visa and processing backlogs. For example, families must now wait one year to naturalize and two or more years to have their application for adjustment of status processed. Immigration reform must include significant measures to clear the bureaucratic obstacles towards citizenship, adjustment of status, and family reunification. "


National Grassroots Legalization Collective

FOR IMMEDIATE RELEASE
January 8, 2004
Contact: Claudia Gómez
510.465.1984 x304
cgomez@nnirr.org

Bush Immigration Principles Fail to Provide Real Relief for Immigrant Families

Immigrant Rights Coalitions Press for Genuine Legalization

The National Grassroots Legalization Collaborative releases the following statement on President Bush's principles for immigration reform announced January 7, 2003 in Washington, D.C. :

President Bush announced that his Administration would offer a temporary foreign worker program that would provide status to undocumented immigrants and foreign workers who are employed (or would be) in the U.S. Many immigrant rights advocates and immigrant communities are doubtful and feel the announcement falls short of a genuine legalization proposal for the millions of undocumented immigrants currently in the U.S. Instead, the principles continue to scapegoat immigrants by prioritizing "National Security" policies that have led to the criminalization, detention, and deportation of thousands of immigrants having nothing to do with terrorism.

Under this temporary status undocumented workers employed in the U.S. must pay a one-time fee to register and abide by the rules for such a program. Visas could be renewed only once, and workers must return home after their period of work expires. Immigrants and their advocates are skeptical as the system would prioritize market needs and supply employers with a cheap workforce, giving employers enormous power over the future of these immigrant workers. Moreover, t he plan as presented offers no specifics for funding enforcement against companies that break the law or abuse these workers' right to change jobs, earn fair wages, or have healthy work environment.

The President also mentioned a reasonable increase in the annual limit of legal immigrants who could benefit from the lawful path to citizenship, but with 8 - 10 million undocumented immigrants now in the U.S., many immigrant families would conceivably have to wait years in the process if applicable. "These principles fall short of any bipartisan bills currently in the Congress," stated Angelica Salas, Executive Director of CHIRLA an immigrant rights coalition based in Los Angeles, California . A large percentage of the undocumented population reside in the state of California. In June 2002 the Little Hoover Commission serving California's government and its economy issued a report titled, We The People: Helping Newcomers Become Californians. This report hailed, "In California , immigrants perform[ed] important, often vital roles in the workforce," and further argued "the federal government should ensure access to high-quality, efficient assistance throughout the immigration and naturalization process."

President Bush can immediately demonstrate his good faith by supporting the Development, Relief, and Education for Alien Minors (DREAM) and Student Adjustment Acts (S. 1545 & H.R. 1684 respectively), which would enable undocumented youth who have grown up in this country to gain legal status and pursue a college education. Moreover, support for the Argricultural Job Opportunity, Benefits, and Security (AgJOBS) Act of 2003 (S.1645 & H.R. 3142), would provide much needed relief for immigrant farmworkers. This bill insures wage and labor protections by reforms to the H-2A Program (an existing guestworker program), and would allow these immigrant workers to file for residency while keeping their families united. Both have bipartisan support and could become law this year if the President would publicly endorse and push for their swift passage.

 

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On this page:

Statements from AFSC

Statements from Other Organizations

President Bush's Speech