1.     Openers

Dear Readers:

Fallout continues from the Arizona immigration law. Various boycotts are ongoing, city councils have been passing resolutions condemning the law, and the White House is weighing various options that may include not cooperating with Arizona police and suing the state. There has also been a push in the other direction. Many states have accelerated consideration of laws aimed at further cracking down on illegal immigration.

Public opinion polls show that a majority of Americans support the Arizona law. Anti-immigrant groups are touting the polls to back their aims to halt all immigration to the US and deport as many immigrants as possible. But pro-immigration groups have several recent polls that tell a different story. Yes, Americans support the Arizona law. But it is out of an overwhelming frustration regarding Washington’s failure to address the country’s badly broken immigration system.

When asked in these same polls whether they support the so called “amnesty” that anti-immigrant groups loathe, even larger numbers say yes. At the end of the day, Americans simply want a system based on the rule of law where we know who is in the country and we have control of our borders. They are less focused on seeking revenge against illegally present immigrants and simply want an appropriate punishment that will deter future illegal immigration and also will result in integrating the millions of illegally present immigrants in to US society.

Will we see any sort of comprehensive immigration reform that achieves these goals soon? Right now, the answer seems no as the extremist anti-immigrant groups will accept no solution that includes a legalization program and too many members of Congress fear the wrath of these groups.

We could see a few piecemeal measures pass this year, however. The DREAM Act which would legalize young people who entered the country as children and AgJobs, a bill aimed at legalizing agricultural workers, both have bipartisan support and could be passed as a “down payment” on a comprehensive immigration bill. Many Republicans are calling on tougher border enforcement provisions – including sending thousands of US troops to the border – to be included in the military appropriations bill which is now being debated in Congress. DREAM and AgJobs could be included as well for a “lite” version of immigration reform.

Pro-immigration groups will have a tough decision to make regarding such an effort. Many believe that support for broader reform depends on having all constituencies in the pro-immigration community working together to get their individual bills passed in one big bill. There is a fear that support will be lessened if some parts of immigration reform pass on their own.

I have drawn some criticism for supporting an alternate strategy. Pass immigration measures on a piecemeal basis rather than on a comprehensive one. The major problem with comprehensive reform is that it creates a single target for anti-immigration groups and if there is one controversial aspect of the bill that a member of Congress doesn’t like, they have the excuse to walk away.

It has now been six years since President Bush introduced the concept of comprehensive immigration reform and it has been about that long since any significant immigration legislation has passed. Bringing bills up one at a time may not be as effective as addressing all of the major immigration system problems at once, but it probably is the best solution given the politics of today. A famous politician once said the perfect is the enemy of the good and that seems to be the case here.

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In firm news, last week we held a seminar for the Memphis employer community on compliance issues. Thanks to all those who participated.

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Readers are reminded that they are welcome to contact my law office if they would like to schedule a telephone or in person consultation with me or one of my colleagues. If you are interested, please call my office at 901-682-6455.

Regards,

Greg Siskind