University of Virginia Legal Working Paper Series
University of Virginia Public Law and Legal Theory Working Paper Series
Eight Myths about Immigration Enforcement
Article comments
10 N.Y.U.J. Legis. & Pub. Pol'y 525 (2007)
Abstract
This article developed from a conference on immigration law at New York University in October 2006. It briefly reviews the twists and turns of immigration policy over the last few decades (sometimes emphasizing enforcement, other times greatly downplaying enforcement when the political winds shifted). Enforcement returned to popularity in the last couple of years, but there have been two main camps in the resulting debate: those who champion an enforcement-only approach (like the 2005 House bill), and those who would combine enforcement with a guestworker program and some form of legalization for the approximately 12 million already present in the United States illegally (the “comprehensive immigration reform” embodied in the Senate bills in 2006 and 2007). This article provides a critique of both camps, by examining various myths that proponents of one side or the other have propounded in the current debate.
Enforcement is needed, but not simply the kind of fences and border deployments that are politically popular. Far more important strategically is workplace screening by employers, subject to well-funded and well-designed government monitoring, involving both new verification and new identification measures. Moreover, effective enforcement is not antithetical to humane policy – it may in fact be essential to sustain humane policy. The only durable foundation for public support for a generous immigration system (probably including some form of one-time amnesty) is solid assurance that our immigration laws can be enforced. On the other hand, broad guestworker programs are poor public policy and are likely to fail. They do not match well with the human reality of persons asked to come as workers, and they greatly compound enforcement difficulties when the temporary period expires. Getting enforcement right is a key step in crafting durable immigration reform – but immigration reform needs to attend to more than just enforcement. Enforcement is but one component in helping to sustain our important tradition of immigration, which has contributed much to the nation’s economy, scientific advancement, and artistic and cultural richness.
Subject Area
Immigration Law, Public Law and Legal Theory
Recommended Citation
David A. Martin,
"Eight Myths about Immigration Enforcement"
(February 2008).
University of Virginia Legal Working Paper Series.
University of Virginia Public Law and Legal Theory Working Paper Series.
Working Paper 83.
http://law.bepress.com/uvalwps/uva_publiclaw/art83
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