Last week, law enforcement conducted the biggest immigration raid in Midland County, Texas's history. Almost 40 people were taken into custody after a raid on an apartment complex construction site in Odessa. Eighty officers from different agencies were involved, including Immigration and Customs Enforcement (ICE).
Workplace raids have declined 70% since the end of the Bush administration, but are still, obviously, taking place. They are part of President Obama's ongoing efforts to show his dedication to enforcement and pave the way for comprehensive immigration reform. However, raids like this are more likely to make border security advocates dig in their heels. Why endorse a path to citizenship for illegal immigrants when law enforcement does such a fine job finding and deporting them?
At first glance, it's amazing how the landscape has changed since just 2007, when a comprehensive immigration bill seemed likely to pass. Even more amazing is how much has changed since 1986, when amnesty was the conservative position -- or a conservative's position. President Reagan signed the 1986 Immigration Reform and Control Act, granting amnesty to three million illegal immigrants. Why was he willing to legalize their status then, when politicians to his left are afraid to do so today? The answer lies in the details. If you look closer, you discover that the IRCA was tough on immigration as a whole, and immigration laws have grown harsher over the years.
While the IRCA granted amnesty to illegal immigrants, it also lowered the legal standard for finding an employer guilty of hiring illegal labor. It also introduced penalties designed to discourage employers from hiring illegal immigrants. However, the penalties had little effect, and illegal immigrants in the United States rose from three million to 12 million in the early 2000s. Other "tough on immigration laws" followed, especially after September 11, 2001. These included the 1996 Illegal Immigration Reform and Responsibility Act, which added civil penalties for documents fraud, and the 2005 REAL ID Act, which required states to meet certain security standards before issuing drivers licenses and identification cards.
In late 2005, the House of Representatives passed one of the most punitive immigration bills yet, classifying illegal status as a felony. Why 2005? It might have been a combination of lingering fear after 9-11 and a growing awareness that illegal immigrants were no longer staying in border states like Texas, Arizona, and California. Communities across the country experienced an influx of newcomers, and many did not like it. Meanwhile, the Senate tried to pass a Comprehensive Immigration Reform Act in 2006 and 2007 that provided a "path to citizenship" for illegal immigrants who were otherwise law abiding. It had the backing of President Bush and many Senators, but failed to even reach the Senate floor for a vote. Instead, Congress settled for passing border security laws, such as the Secure Fence Act of 2006, creating the border fence and greater patrol force that we know today.
Although Obama is renewing the push for comprehensive immigration reform, he likely won't have even the backing that existed in 2007. Many politicians are terrified to touch the issue. That is unfortunate, because the existing shadowy system harms illegal immigrants and citizens alike. Illegal immigrants caught in raids like the one in Odessa are taken to detention centers, where they might dwell in isolation with no access to other inmates or an attorney. Citizens may be stopped by overzealous Border Patrol agents at checkpoints like Sierra Blanca, so that agents can search their vehicles for drugs or immigrants. The greater focus on security also gives more power to agencies like ICE. ICE has moved beyond traditional border issues into areas that affect citizens' privacy rights, such as Internet usage. It has lately been involved in investigating cyber crimes and other federal crimes that are international in character. ICE's greater reach opens the door to abuse. Worse, many of those that ICE charges with wrongdoing cannot afford a criminal defense attorney to fight for them.
As our security state becomes the new normal, one hopes that Obama succeeds in passing immigration reform. Maybe then this country can take a collective deep breath and remember what it was like to respect individual rights.
