Immigration Controversy Paper Final2

8/17/2019 Immigration Controversy Paper Final2

1/51

Immigration Proposal 1

2010-2011 Immigration Controversy Paper Proposal

Jarrod Atchison, Ph.D.*

rendon an!ey"itch #agney$evin $%s&a, Ph.D.Jaco' ()man

*A%thors in Alpha'etical rder


2/51


+a'le o Contents

I. Philosophical Approach..

II. /easons the De'ate Comm%nity ho%ld De'ate Immigration..

III. /easons the De'ate Comm%nity ho%ld ot De'ate Immigration..3

I4. Controversy Areas %nder the /ed%ce /estrictions "echanism5a. /ed%ce restrictions or visas...11 '. /ed%ce restrictions or asyl%m...16c. /ed%ce restricts on %ndoc%mented immigrants..d. /ed%ce restrictions or social services7

4I. Potential /esol%tions..7

4II. 8/ed%ce /estrictions9 "echanism :vidence76

4III. Immigration /eports0


3/51

Immigration Proposal

Philosophical Approach

%r Philosophy /egarding "echanisms

Immigration mechanisms revolve aro%nd t&o central ;%estions5


4/51


Altho%gh it is clear that in the stat%s ;%o enorcement is a serio%s iss%e, &e 'elieve these de'ates

are some&hat inevita'le &ith any proposal to reorm immigration.

+hird, the restrictions literat%re is 'idirectional &ith each side 'etter s%ited or a partic%lar

set o controversy areas. +he increasing restrictions literat%re is 'etter s%ited or de'ates over 'order

sec%rity and employer hiring practices. +he decrease restrictions literat%re is 'etter s%ited or

de'ates over visas, asyl%m la&s, %ndoc%mented immigrants, and social services. Ater revie&ing all

o the a'ove controversy areas, &e decided that the 8red%ce restrictions9 side o the mechanism

&o%ld prod%ce 'etter de'ates over the heart o the immigration controversy &hile providing the

negative &ith plenty o options to challenge the goals andor policies o the airmative.

%r Philosophy /egarding Controversy Areas

ne o the reasons immigration is s%ch a %ni;%e area or de'ate is that 'oth the goals and

policy recommendations are sites o controversy. As s%ch, &e decided that it &as more important to

ind controversy areas it &ith o%r mechanism rather than trying to incl%de all areas o the

immigration de'ate and hoping the topic committee co%ld sort it o%t. As &e eBplained a'ove, &e

have eBcl%ded 'order sec%rity and employer reg%lations 'eca%se those areas are less consistent &ith

the 8red%ce restrictions9 mechanism. +he &orst case scenario ?in o%r opinion@ &o%ld 'e or

someone to vote or the immigration area in hopes o reading an increased 'order sec%rity

airmative only to have the topic committee decide that it &as too inconsistent &ith the other

mechanisms and eBcl%de it. e have, thereore, chosen controversy areas that 'roadly it &ithin the

mechanism o red%cing restrictions on immigration. I this paper proposal loses 'eca%se the

comm%nity &o%ld rather de'ate the 8increase restrictions9 side o the spectr%m then &e can address

that in neBt yearEs paper proposal.


5/51


6/51

Immigration Proposal H

3. Immigration is timely and intense.

cholars, politicians, and activists, have deep seated positions on immigration and the controversy

contin%es to 'e a part o o%r national political disco%rse. As &e disc%ss in the neBt section, &e do

not 'elieve that the red%ce restrictions mechanism is *too* timely, '%t it is evident that this

controversy is not going a&ay anytime soon. e 'elieve de'aters sho%ld 'e at the oreront o this

intense political disc%ssion rather than avoiding it in avor o less salient iss%es.


7/51


/easons the De'ate Comm%nity ho%ld ot De'ate immigration

1. Is immigration too timely?

+he release o the P/ near the close o the de'ate season has generated some disc%ssion

a'o%t pic!ing topics that are too timely. Altho%gh &e certainly %nderstand this concern, &e &o%ld

hate or the de'ate comm%nity to dismiss good topics 'eca%se o this ear only to ind o%t that the

political prediction did not come thro%gh. /ather than %sing this space to arg%e oragainst choosing

topics 'ased on their political pro'a'ility, &e &ant to simply o%tline &hy immigration might not 'e

as v%lnera'le to this arg%ment as people may ass%me.


8/51


that appears to 'e eBactly &hat President 'ama is lining %p to do ?please eBc%se this eBtended

;%otation@5

ince ass%ming the presidency, 'ama has oered little in terms o speciics o hisnotion o immigration reorm. +he rather vag%e vision laid o%t d%ring his campaign

sec%re 'orders, increasing legal migration to %niy amilies and satisy employers,and a path to citi)enship or %na%thori)ed migrants in other&ise good standingLM and apolitanoNs ovem'er speech are as speciic as it has gotten. %t moreimportant than his &ords, his enate voting record and the policies and practicescarried o%t 'y his administration sho& that 'ama alls &ithin the 'road center o a political spectr%m that is remar!a'ly narro& on matters o immigration and 'o%ndaryenorcement. ith e& eBceptions'ama not 'eing one o them'oth sides othe prover'ial aisle no& em'race a Osec%rity irstO position that prioriti)esstrengthening the enorcement apparat%s a'ove all else. In this regard, the similaritieso 'amaNs policies vis--vis those o his /ep%'lican predecessor are ar moresigniicant than the points o divergence.

+he irst sign that 'ama has ailed to 'rea! o%t o this narro& vie& on the ;%estionso immigration and 'order policing &as his selection o apolitano to head theDepartment o #omeland ec%rity. As governor o Ari)ona, apolitano declared astate o emergency along the stateNs 'o%ndary &ith "eBico in 200, saying that Otheederal government has ailed to sec%re o%r 'order,O &hich, she said, threatened the&ell'eing o all Ari)onans. +he move reed %p Q1. million or Ari)ona 'orderco%nties so as to, in apolitanoNs &ords, Oprovide o%r la& enorcement comm%nity&ith another val%a'le tool to ight crime related to illegal immigration.OL7M +heollo&ing year, she deployed the stateNs ational =%ard along the divide in s%pport o the order Patrol, the gro&th o &hich she has long s%pported.

+he second sign &as in "ay, &hen 'ama s%'mitted his irst '%dget proposal as president, calling or maintaining a orce o 20,000 order Patrol agents or iscalyear 2010.LM


9/51


reorm depends more on the legislative process than n%clear &eapons policy does. As a res%lt, it is

li!ely ?in o%r opinion@ that President 'ama &ill p%sh or increased 'order sec%rity and a'andon the

more controversial campaign promises &hich have the potential o impacting o%r de'ate resol%tion.

'vio%sly, &e co%ld 'e 100R &rong and President 'ama co%ld propose comprehensive

red%ctions in restrictions on immigration right in the middle o the de'ate season, '%t there is still a

de'ate to 'e had as to &hether that is a good or a 'ad thing.

2. Comprehensive reforms are not ell suited for debate resolutions!

%r greatest concern regarding immigration centers on the dierences 'et&een modern

de'ate conventions and the literat%re s%rro%nding immigration. In partic%lar, the de'ate comm%nity

has increasingly so%ght to &rite very speciic de'ate resol%tions that enco%rage ?or orce@ the

airmative to deend individ%al actions rather than comprehensive reorms. ome o this is a

prod%ct o the comm%nity acceptance o Plan Incl%sive Co%nterplans &hich ma!e comprehensive

reorm airmatives s%'Fect to a &ider array o negative co%nterplans. ome might arg%e that the

increased speciicity stems rom a concern that 'road topics ma!e it diic%lt or the negative to

ade;%ately prepare or the &ide range o airmative proposals. :ither &ay, the reality is that

proponents o immigration reorm on 'oth sides o the political spectr%m generally deend

comprehensive reorm rather than individ%al proposals. o&, this does not mean that there are not

plenty o solvency advocates or individ%al components o the immigration de'ate. Instead, it

means that this controversy area does not have a simple sol%tion. Immigration is a compleB iss%e

that spans domestic and oreign policies. Immigration reorm has clear implications or de'ates in

the legal, political, and ethical realms o political disc%ssion. In short, it may 'e diic%lt to &rite a

resol%tion that accesses the core reorms proposed in the literat%re 'eca%se the de'ate comm%nity

has 'ecome more and more oc%sed on developing narro&ly tailored resol%tions.


10/51


In o%r opinion, i this controversy area is chosen then it &o%ld 'e an opport%nity or the

de'ate comm%nity to revisit the 'asic ;%estion over the desired si)e and scope o resol%tions. e

'elieve that one o the greatest strengths o this controversy area is that it allo&s the topic

committee the opport%nity to &rite several resol%tions along the spectr%m o 'road to narro& and let

the comm%nity vote.


11/51


/ed%ce /estrictions or 4isas Controversy Areay Jaco' ()man

4isa reorm is an important section o the immigration de'ate 'eca%se visas are one o the

primary &ays that immigrants legally enter the (nited tates.


12/51


o a 'ody o highly speciali)ed !no&ledge, and ?'@ attainment o a 'achelorEs or higher degree in

the speciic specialty ?or its e;%ivalent@ as a minim%m or entry in the (nited tates93. :mployees

can stay in the ( or a maBim%m o siB years 6. Congress irst implemented the cap on #-1 visas

in 10. hile the cap &ent as high as 1,000 allotted visas in 2001-200, the cap has since

reverted 'ac! to the original cap o H,000 visas. +he cap on #-1 visas is designed to protect (

&or!ers rom 'eing displaced 'y oreign &or!ers.10 Additionally, 'amaEs stim%l%s pac!age last

year made it even harder to hire #-1 &or!ers 'y classiying any +A/P recipient as #-1

dependent. +his classiication creates an additional set o 'arriers that the company m%st overcome

'eore hiring an #-1 &or!er 11. +he #eritage


13/51


'e occ%rring in other co%ntries, h%rting o%r o&n economic development. Additionally, the #-1

visa cap orces ( companies to go oversees to recr%it the oreign nationals &ho canEt ma!e it

thro%gh the visa system1H. +his o-shoring is detrimental to the ( economy 'eca%se it ca%ses more

%nemployment and ris!s a loss in the (E leading role in innovation.

13

In response to the pro'lems o the visa cap, proponents o the #-1 visa program have

arg%ed that the ( sho%ld ret%rn the cap to the 2001 cap o 1,000 visas16 or eliminate the cap

entirely as 8LaMr'itrary capshinder American companies in the 8%npredicta'le, ast paced, and

iercely competitive glo'al high-tech la'or mar!ets91. Congress co%ld also implement a 8sliding

scale percentage9 and limit the n%m'er o #-1 visas allotted to companies 'ased on their si)eG

ho&ever either o these methods &o%ld resolve the economic iss%es that the c%rrent cap on #-1

visas has created20.

#o&ever, there is s%'stantial negative gro%nd against any case that raised or eliminated the

#-1 visa cap. +here is a )ero-s%m tradeo o intellect%al capital 'et&een co%ntries. As the -1

visa dra&s oreign nationals into the (, those nationals leave their home co%ntries, res%lting in a

'rain drain. +he


14/51


holders in the (.. acco%nt or a %ll 0 percent o IndiaEs total sot&are la'or orcea loss

especially damaging or a co%ntry &here more than 70 percent o ad%lts are illiterate.1,2 21

+here is also a potential that the cap elimination co%ld complicate and Feopardi)e st%dent visas

'eca%se 8st%dent visas can only 'e o'tained ater convincing a cons%lar oicial that the recipient

intends to ret%rn to home ater grad%ation922 Additionally, the o-shoring that res%lts rom the #-1

visa cap may act%ally 'e 'eneicial to the ( and glo'al economy2. +his is simply a c%rsory loo! at

the potential negative gro%nd that a de'ate a'o%t #-1 visas oers, and it may 'e that there are

even more reasons &hy the raising or eliminating the cap on #-1 visas &o%ld 'e pro'lematic.

&amily %isas

Another pro'lem &ith the c%rrent immigration system is the cap on amily visas. I an

immigrant is traveling to the ( and see!ing to 'ecome a permanent resident, their amily mem'ers

m%st also apply or a amily visa. po%ses and children m%st apply or a


15/51


permanent resident may 'e ineligi'le to ret%rn to the (nited tates92.


16/51

Immigration Proposal 1H

n%m'er o visas that can 'e iss%ed. +his is pro'a'ly the easiest &ay to alleviate the pro'lem

ca%sed 'y n%merical ceilings5

ome o the c%rrent 'ills, incl%ding the +/I4: Act introd%ced 'y /epresentatives =%tierre) and


17/51


disposa'leG 3@ and contrary to traditional slavery, there need not 'e an ethnic dierence

'et&een employer and employee. n33 Contract slavery 'ecomes diic%lt to enorce %nder

traditional contract la& 'eca%se so m%ch o the control on the person signing the contract

happens ater the contract is signed. n36 +his last point &as certainly tr%e or the Indian

&or!ers in "ississippi. n3H

+he primary pro'lem is a lac! o oversight or #-2 visas and a lac! o la'or protections3.

Airmatives co%ld attempt to deal &ith the pro'lem o #-2 slavery 'y esta'lishing 'etter

oversight over the #-2 process or increasing enorcement o reg%lations.

36 +ripathi, #-2, s%pra note .37 +ripathi, #-2, s%pra note .


18/51


/ed%ce /estrictions or Asyl%m Controversy Areay $evin $%s&a, Ph.D.

vervie&

+his is a great area and &e co%ld crat a 'alanced resol%tion that is F%st a'o%t asyl%m and re%gees

?see the addend%m on resol%tion@ or as part o a larger immigration resol%tion. A e& general

comments5

a@. Asyl%m policy is smaller than immigration policy in terms o the n%m'ers o people

involved, altho%gh the t&o areas are closely related and asyl%m policy is no& considered a s%'-set

o immigration. /o%ghly 10 percent o Permanent Immigrant tat%s goes to people see!ing asyl%m

and re%gees. In 2007, 31,000 &ere asylees or re%gees o%t o 0,000.6 %m'ers o re%gees have

gone do&n over the past 10 years, partic%larly ater -11, '%t a small re'o%nd can 'e seen %nder

'ama. "ore recent data points to some l%ct%ation &ithin a relatively sta'le range5

A total o H0,106 persons &ere admitted to the (nited tates as re%gees d%ring 2006. +he leading

co%ntries o nationality or re%gees &ere %rma, Ira;, and h%tan. D%ring 2006, 22,0 individ%als

&ere granted asyl%m, incl%ding 12,163 &ho &ere granted asyl%m airmatively 'y (.. Citi)enship

and Immigration ervices ?(CI@ and 10,37 &ho &ere granted asyl%m deensively 'y an

immigration F%dge d%ring removal proceedings. +he leading co%ntries o nationality or persons

granted asyl%m &ere China, Colom'ia, and #aiti.

'@. Persec%tion is hard to prove. +his ma!es or good de'ate.


19/51


rom the home co%ntry@. +hese determinations are made or 'road and oten transitory political

reasons and are intended to promote the h%manitarian ideology o the (nited tates.


20/51


2. ac!gro%nd Inormation, +erms

+he deinitions o terms and concepts are signiicant, especially 'eca%se o the legal nat%re

o many o the classiications and standards. +his points to a r%it%l topicality de'ate depending on

the vario%s terms o art deployed in the resol%tion not to mention high-tech de'ates over &ho is and

is not incl%ded %nder the vario%s classiications o persec%tion ?and the eects o those incl%sions@.

+o clariy the &ays a person can attempt to earn asyl%m, it is &orth revie&ing the act%al process5

Aliens present in the (nited tates may apply or asyl%m &ith the (nited tates

Citi)enship and Immigration ervices %rea% ?(CI@ in the Department o

#omeland ec%rity ?D#@ ater arrival into the co%ntry, or they may see! asyl%m

'eore a Department o J%sticeEs :Bec%tive ice or Immigration /evie& ?:I/@

immigration F%dge d%ring removal proceedings. Aliens arriving at a (.. port &ho

lac! proper immigration doc%ments or &ho engage in ra%d or misrepresentation are

placed in eBpedited removalG ho&ever, i they eBpress a ear o persec%tion, they

receive a 8credi'le ear9 hearing &ith an (CI asyl%m oicer and i o%nd

credi'le are reerred to an :I/ immigration F%dge or a hearing.70

As apparent in the literat%re, the F%risdictional ;%estions themselves are pregnant &ith possi'ility.

ome o the ( government agencies involved incl%de the Department o tate, the Department o

70 asem, Immigration Policy :Bpert, Domestic ocial Policy Division, 200 ?/%th :llen, 8( Immigration Policy oAsyl%m ee!ers,9


21/51


#omeland ec%rity, the Asyl%m Division o ( Citi)enship and Immigration ervices, and the

:Bec%tive ice or Immigration /evie& ?:I/@ o the (.. Department o J%stice ?DJ@.

It may ma!e the most sense to gro%p together re%gee and asyl%m policy or the p%rposes o

crating a resol%tion 'eca%se there is so m%ch overlap and a lot o the de'ates are similar.

71

It might

also 'e possi'le to incl%de each o these s%'-areas in a 8list9 &ording that re;%ires m%ltiple actions

or allo&s or one o many actions. e &ill oer some starting points at the end o this section and

at the end o the overall paper. ithin the literat%re, the 'iggest distinction 'et&een a re%gee and

an asylee is the geographic location o the claim5

8/e%gees and asyl%m-see!ers are people &ho are %na'le or %n&illing to ret%rn to their home

co%ntry 'eca%se o the ris! o persec%tion or 'eca%se o a &ell-o%nded ear o persec%tion. /e%gees

apply or admission rom o%tside o the (nited tatesG asyl%m-see!ers re;%est legal admission rom

&ithin the (nited tates or at a (.. port o entry.972

+o provide more conteBt on these terms, recent history &ill 'e instr%ctive. +he history o re%gee

policy is compleB and goes 'ac! to at least 121 &ith de'ates over ;%otas and priorities or

admitting immigrants, '%t a good starting point or c%rrent policy is the 160 /e%gee Act5

Congress passed the 160 /e%gee Act to consolidate the pro%sion o special and ad hoc

arrangements, to 'ring (.. criteria and proced%res or granting re%gee stat%s into line &ith

international la&, and to grant resettlement assistance. +he Act ?6 (C 1101 ?a@?72@@ deines

re%gees as persons &ho are persec%ted or &ho have O. . . a &ell o%nded ear o persec%tion on

71 =enerally, any alien present in the (nited tates or at a port o entry may apply or asyl%m regardless o his or her immigration

stat%s. Asyl%m may 'e o'tained in t&o &ays5 airmatively thro%gh a (CI Asyl%m icer or deensively in removal proceedings

'eore an immigration F%dge o the :Bec%tive ice or Immigration /evie& ?:I/@ o the Department o J%stice. +o o'tain asyl%m,an alien m%st apply &ithin one year rom the date o last arrival or esta'lish that an eBception applies 'ased on changed oreBtraordinary circ%mstances. An alien applies or asyl%m in the (nited tates 'y iling


22/51


acco%nt o race, religion, nationality, mem'ership in a partic%lar social gro%p, or political opinion.O

+he Act anticipated a Onormal lo&O o re%gees into the (nited tates o 0,000 a year. ne o its

goals &as to esta'lish political and geographic ne%trality in F%dging re%gee stat%s, ending the then-

eBisting pres%mption that all those leaving comm%nist lands &ere re%gees.7

+he 160 Act is presently the s%'Fect o de'ate and reorm thro%gh the /e%gee Protection Act o

2010 introd%ced 'y enator eahy ?D-4+@ and enator evin ?D-"I@, 8legislation designed to

strengthen AmericaNs commitment to providing re%ge to victims o religio%s, political, ethnic and

other orms o persec%tion 'y repairing many o the most severe pro'lems in the (.. re%gee and

asyl%m systems.977 +his legislation is %nli!ely to pass in the neBt year '%t its mere introd%ction

points to a n%m'er o solid solvency advocates or speciic policies, not to mention the conirmation

that the re%gee and asyl%m area is contemporary and in need o scr%tiny. "oreover, even i the Act

does pass, there is plenty o de'ate over &hether it does eno%gh and &hat it leaves o%t.

. =ro%nd

ome o the gro%nd is predicta'le and some is not, as is tr%e &ith all topics. +he areas that

are predicta'le rom the o%tset are good places to h%n!er do&n and have a de'ate5 ( h%manitarian

leadership, h%man rights protection and identity politics, the role o the amily in citi)enship and

nationalism, eBternal press%re and sol%tions to glo'al conlicts, all o the agent de'ate s%rro%nding

appropriate F%risdiction and eective policy-ma!ing, trends in glo'al migration and pop%lation,

homeland sec%rity, the meaning o persec%tion and its so%rces, and on-the-gro%nd enorcement.

/eali)ing that a and neg gro%nd co%ld overlap or even reverse depending on the &ordings, &e

have split the gro%nd disc%ssion into an a section covering the types o cases and advantages that

7 imcoB and Jen!s, 12 ?David and /osemary


23/51


might emerge rom an 8ease asyl%m and re%gee restrictions9 &ording and a neg section

commenting on generic positions that co%ld 'e %sed against s%ch cases.

a@ In


24/51


this inormation is provided rom the home co%ntry so alse acc%sations against those see!ing

asyl%m are common.

--:ase '%rden o proo or asyl%m and re%gee stat%s. /emove cases rom immigration co%rts,

create separate ederal appellate co%rt. +here are a n%m'er o mechanisms that &o%ld help to

streamline the process, either alone or in com'ination &ith other change. +he co%nterplan gro%nd is

also ertile here, or 8+he c%rrent system emphasi)es eiciency ?i.e., eBpediting decisions ;%ic!ly

&ith little eBplanation@, ro%tine, and nationality-'ased 'lan!et decisions, rather than meaning%l,

individ%al case assessments.973 mall changes in the process co%ld have ar-reaching eects and

the need or a complete overha%l is also compelling and &ell-s%pported5

8+he /e%gee Act o 160 created an eBplicit asyl%m provision in (.. immigration la& and

esta'lished a comprehensive rame&or! or the resettlement o re%gees to the (nited tates.

ymposi%m panelists &ill disc%ss ne& 'arriers that have made it more diic%lt or

legitimate re%gees to receive asyl%m in this co%ntry, and the doc%mented disparities in

asyl%m adF%dications. +hey &ill also assess the eectiveness o the c%rrent (.. re%gee

resettlement program &ith regard to identiying re%gees in the greatest need o resettlement,

adF%dicating their cases airly and eiciently, and providing them &ith ade;%ate targeted

post-arrival integration assistance. pea!ers &ill address the need or the 'ama

Administration and Congress to move or&ard a series o !ey reorms in asyl%m and re%gee

policy.976

--roaden a'ility to demonstrate persec%tion in one o the ollo&ing areas5 race, religion,

nationality, mem'ership in a partic%lar social gro%p, or political opinion. +his might mean

73 Veigler and te&art, 200 ?ara ., $endra ., !rontiers200vol. 0, no. 2 8Positioning omenEs /ights &ithinAsyl%m Policy5 A


25/51


incl%ding non-state actors as agents that can practice oppression and persec%tion recogni)ed 'y the

(nited tates, and gender also plays a role here 'eca%se c%rrent attempts to incorporate gender

persec%tion %se eBisting categories. +he a'ility to directly de'ate male norms in h%man rights

standards is part o the asyl%m literat%re5

8Asyl%m is a time-honored concept that has evolved rom a practice o oering general

re%ge to a very speciic legal stat%s that oers protection to speciic people in speciic

sit%ations. In the c%rrent era, in &hich asyl%m is an oicial orm o state aid to oreigners,

there has 'een some disagreement as to the p%rpose o asyl%m, &hether it is h%manitarian

or political in nat%re. +his ote inds the political conception o asyl%m most logically

appealing and agrees that asyl%mNs p%rpose is to provide 'oth protection and societal

mem'ership to victims o persec%tion in order to condemn state or state-condoned h%man

rights violations. =ender-'ased persec%tion clearly alls %nder this Opolitical p%rposeO

r%'ric as it ro's victims o 'oth saety and societal mem'ership and involves acts that are

clearly odio%s to American society and la&. As gender-'ased persec%tion %lills the

political p%rpose o asyl%m, it sho%ld, thereore, 'e recogni)ed &ithin the legal rame&or!

governing asyl%m in the (nited tates. (nort%nately, the c%rrent American rame&or!,

'ased on the /e%gee Convention penned 'y the (nited ations in 11, contains an

inherently male 'ias and does not relect the %ll range o h%man rights violations the

(nited tates sho%ld 'e a'le to condemn thro%gh the %se o asyl%m, incl%ding gender-

'ased persec%tion.97 +here have 'een steps to incorporate gender persec%tion into the

eBisting categories, '%t the attempts have 'een shallo& and have not s%cceeded5

7 Crystal Doyle, pring, 200 ?1 ash. T ee J. Civil /ts. T oc. J%st. 1, 1617 &ords, +(D:+ +:5 IsnNt

OPersec%tionO :no%gh> /edeining the /e%gee Deinition to Provide =reater Asyl%m Protection to 4ictims o =ender-ased Persec%tion.9@


26/51


+he international comm%nity, as &ell as the (nited tates and vario%s other developed

nations, has ta!en steps to integrate gender-'ased asyl%m claims into the c%rrent

rame&or!. +hese steps have incl%ded the iss%ance o g%idelines meant to help

adF%dicators it a gender-'ased persec%tion claim into one o the ive asyl%m gro%nds, the

amendment o stat%tes to deine Opartic%lar social gro%pO as incl%ding seB, and the

addition o gender as a siBth 'asis or asyl%m. (nort%nately, none o these sol%tions has

'een entirely satisactory, as even the 'est ones still re;%ire victims o gender-'ased

persec%tion to prove the intent o their attac!er?s@. eca%se o the oten personal nat%re o

gender-'ased persec%tion claims, s%ch intent can 'e diic%lt to prove, and, conse;%ently,

many valid asyl%m claims are denied.0

--Create ne& classiication o persec%tion or application, open %p c%rrent category to more cases

s%ch as gang violence or gender.1 +his is a great area and the literat%re 'ase covering gender

persec%tion is massive. J%st one eBample in this s%'-area &o%ld deal &ith 8derivative asyl%m,9 the

process o applying or asyl%m or oneEs children or relative 'eca%se o their ears o persec%tion.

a& and policy on this matter conlicts, partic%larly &hen the speciic cases o ChinaEs ne Child

Policy and other nationsE practices o emale genital m%tilation are considered. +he stages or this

!ind o change m%ltiply &ith each s%'se;%ent Co%rt decision, ma!ing it a 'roader ;%estion than,

8ho%ld &e allo&s or derivative asyl%m>9 :ven i derivative asyl%m is incorporated, the parents

may not 'e protected, res%lting in a sit%ation &here, in order to avoid persec%tion and s%ering, a

childEs parents are deported rom the ( &hile the child is sent to adoption or resettlement services

0 Crystal Doyle, pring, 200 ?1 ash. T ee J. Civil /ts. T oc. J%st. 1, 1617 &ords, +(D:+ +:5 IsnNt


1 Allen A'rams, W0 ?:ditor-in-Chie 4irginia a& ee!ly, 0 cto'er 200,4ol%me H2, %m'er 10, 8Asyl%m a&

Pro. :Bplains e& 'ama Policy9 http5&&&.la&&ee!ly.org>mod%leXdisplaystoryTstoryKidX2HH6TeditionKidX12TormatXhtml, accessed 71110@


27/51


in the (. "ore directly, the arg%ment &o%ld 'e that ChinaEs ne-Child Policy creates persec%tion.

"odels o A%stralian legal action on asyl%m rom China provide a good path or the (. even

tho%gh it co%ld lood the process. +he root arg%ment here is that &e need to cover %naccompanied

minors and minors &ith a real ear o persec%tion in the home co%ntry5

+he (nited tates sho%ld reconsider its approach to determining the asyl%m eligi'ility o

%naccompanied children claiming persec%tion %nder ChinaEs one-child policy. Altho%gh the

2006 IA decision, "atter o J- - o%tlines a clearer standard or determining asyl%m

eligi'ility o spo%ses o those persec%ted %nder ChinaEs one-child policy, it does not

ade;%ately address asyl%m claims 'ro%ght 'y %naccompanied children o those persec%ted

%nder the policy. +he A%stralian #igh Co%rt has oered %se%l g%idance in assessing s%ch

claims, and (.. immigration a%thorities sho%ld ta!e note o the Chen hi #ai decision in

%t%re asyl%m cases. Altho%gh it is important to assess &hether children are persec%ted d%e

to the imp%ted political opinion o their parents, it is also necessary to assess &hether s%ch

children are persec%ted d%e to their mem'ership in a social gro%p o children 'orn in

violation o the one-child policy. Assessing asyl%m claims in this &ay gives the most care%l

consideration to the protection o a child &ho may 'e in need o international protection.

ithin that assessment, ho&ever, (.. co%rts and immigration a%thorities sho%ld 'e care%l

to deine the parameters o a social gro%p o children persec%ted %nder the one-child

policy.2

co%rse derivative asyl%m is not al&ays eno%gh 'eca%se in some cases other standards and

re;%irements are %sed to precl%de a comprehensive sol%tion. ome eBamples involve giving

children asyl%m '%t then deporting the mother or parents, protecting the parents insoar as the child

eects the parents ?'%t still reraining rom act%ally granting asyl%m to the children@, not protecting

2 rian :dstrom, 200 ?OAssessing Asyl%m Claims rom Children orn in 4iolation o ChinaEs ne-Child Policy5

hat the (nited tates Can earn rom A%stralia,O Wisconsin (nternational Law Jornal , vol. 23, no. 1 ?200@


28/51


minors &ho are not accompanied 'y an ad%lt 'eca%se there is no original so%rce rom &hich the

claim can 'e derived, or simply inconsistency in determining the validity o the claim.

--/everse post -11 policies that restrict certain types o immigration in the name o homeland

sec%rity5 8?@oth the (A Patriot Act o 2001 and the /:A ID Act o 200 eBpanded the

deinition o terrorism to 'ar nonciti)ens &ho provide 8material s%pport9 to terrorists, &ith no

eBceptions or individ%als &ho did so %nder threat to themselves or their amilies.9

--"andate higher n%m'ers o accepted asyl%m cases andor re%gee allotments. +he signal

arg%ments a'o%t the h%man rights model and the image o America occ%r &ithin the n%merical

limits and ho& they are ramed5

8eore the 'eginning o each iscal year, the President cons%lts &ith Congress to esta'lish an

overall re%gee admissions ceiling as &ell as ive regional allocations and an %nallocated reserve.

+he total ceiling or re%gee admissions increased rom 30,000 in 2003 to 60,000 in 2006, d%e to

the eBpected resettlement o Ira;i, h%tanese, and Iranian re%gees in the ear :asto%th Asia

region.97

'@ . Against /elaBing /estrictions---?:=@

Intrinsic arg%ments against asyl%m streamlining eBist and oer some predicta'le space to

sta!e o%t on the negative, incl%ding reasons &hy asyl%m is 'ad or ineective or political change.

In addition, the negative can al&ays t%rn to a criticism o ( c%lt%ral imperialism or sot po&er,

contending that h%manitarian leadership rom the (.. is a 'ad model or a 'ad precedent not to

mention the ris!s o giving the ( a mas! o 'enevolence in the international arena. In many o the

speciic eBamples researchers &ill ind negative arg%ments rom &ithin the co%ntry o origin,

Veigler and te&art, 200 ?ara ., $endra ., !rontiers200vol. 0, no. 2 8Positioning omenEs /ights &ithinAsyl%m Policy5 A


29/51


&hether it is a 'ac!lash position, a larger political arg%ment &ithin the governing str%ct%re o the

home co%ntry, concerns a'o%t non-state actors creating more persec%tion that cannot 'e detected,

%rther oppression on an individ%alEs amily or c%lt%ral gro%p 'ased on ( actions, or even more

migration s%ch that %t%re cases &ill 'e denied. +hese actions do depend on s%pport rom the (

p%'lic as &ell, leading to arg%ments a'o%t aid atig%e ?8re%gee atig%e9@, disaster pornography,

&hite&ashing, or oc%s trade-os.

O+he (nited tates is still one o the very e& co%ntries in &hich re%gee protection is a pop%lar

ca%se. e rely on the people o the (nited tates or the daily eBample o commitment and

compassion,O he said. Oince the prom%lgation o the /e%gee Act, the (nited tates has granted

asyl%m to more than 00,000 LpeopleM and resettled nearly three-million re%gees rom overseas.

:ach o these people 'rings and end%ring gratit%de or hope restored and the capacity to contri'%te to

the Lne&M comm%nity in &hich he lives,O said =%terres.9

And, even more loc!ed-in, the negative can al&ays arg%e against state-'ased sol%tions 'y

critici)ing a %nilateral approach, a non-regional approach, or a policy that prevents the ( or the

international comm%nity rom ta!ing %rther action in the %t%re.

Arg%ments revolving aro%nd ( sot po&er, h%man rights leadership and hegemony are

plenti%l. egatives can also prepare 'y getting deep into the legal components s%ch as

enorcement, circ%mvention, clog, agent co%nterplan de'ates, and all the reasons legal changes may

ail in practice. e &ill spell o%t other &ays to sec%re negative gro%nd do&n 'elo&, '%t &e have

reali)ed that the topicalcase speciic co%nterplan gro%nd is eBcellent in this area depending on the

advantages claimed 'y the a. +his list sho%ld help initiate negative research5

4oice o America e&s, "arch 2010 ?8( (rges /evamp o ( /e%gee Policy,9 "ichael o&man, 13 "arch

2010, http5&&&1.voane&s.comenglishne&s%sa(-(rges-/evamp-(-/e%gee-Policy-6622H32.html, acsd71110@


30/51


--:d%cate oicials instead o p%rs%ing policy change. hen &e loo! at CanadaEs re%gee and

asyl%m policy, &e ind a via'le alternative to legislative change5 ed%cating oicials and F%dges

involved in the process.

--:liminate the categories completely. +he negative may 'e a'le to co%nterplan to remove the

categories altogether, partic%larly i the resol%tion re;%ires additional areas and more incl%sion into

the eBisting ones. A co%nterplan to simply re;%ire demonstration o persec%tion &itho%t proving a

certain type o persec%tion co%ld solve the case &itho%t opening the loodgates to everyone.

+he sol%tion to this pro'lem may 'e to eliminate the re;%irement that persec%tion 'e Oon

acco%nt oO partic%lar gro%nds. It may 'e eno%gh to simply re;%ire proo o persec%tion

alone. At least in the (nited tates, the standard or Opersec%tionO is ;%ite high and,

co%pled &ith all the other c%rrent restrictions and limitations on asyl%m claims, the

elimination o the ive gro%nds may provide relie to victims o gender-'ased persec%tion,

&hile preventing an over-eBpansion o the re%gee deinition. +his sol%tion is not &itho%t

its diic%lties, s%ch as a possi'le ear o opening %p OloodgatesO o applications, '%t it

may prove to 'e a more &or!a'le sol%tion than the c%rrent American scheme or any o the

other legal rame&or!s that have 'een implemented in other co%ntries. +hereore, given

the necessity o rethin!ing o%r c%rrent asyl%m system, the possi'ility o eliminating the

ive gro%nds o asyl%m is an idea that sho%ld 'e strongly considered.H

--+emporary Protected tat%s. +his category allo&s gro%ps o people to stay in the ( or a

speciied period o time 'eca%se o a disaster in the gro%pEs home co%ntry. +he notion o

8temporary9 protection &o%ld orce a de'ate over the permanent component in 8Permanent egal

Immigration,9 allo&ing a co%nterplan to try to solve or some o the aEs h%manitarian claims ?'y

H Crystal Doyle, pring, 200 ?1 ash. T ee J. Civil /ts. T oc. J%st. 1, 1617 &ords, +(D:+ +:5 IsnNt



31/51


protecting the gro%p %nder +P instead o the plan@ and r%n a politics net 'eneit or attac!s on the

&ay the plan &o%ld 'e implemented. +P co%ld solve or the case ?or 'e a good airmative %nder

some topic &ordings@5

In the Immigration Act o 10 Congress reined and eBpanded the concept o O:Btended 4ol%ntary

Depart%reO into O+emporary Protected tat%s ?+P@,O an arrangement or ostensi'ly temporary

re%ge or aliens rom tro%'led co%ntries. +he legislation signiicantly eBpands the coverage o

American re%gee policy, eBtending potential eligi'ility or sae haven in the (nited tates to

h%ndreds o millions o those threatened in their home co%ntries 'y generali)ed violence or

environmental disasters s%ch as amines, earth;%a!es and loods.3

In addition, the de'ates 'et&een state sovereignty and the protection o h%man rights are

al&ays near the s%race in this area and &o%ld ma!e or good clash on the a or the neg. A

comparison 'et&een ( and :%ropean asyl%m policy concl%ded5 8there is an increasing &illingness

and capacity o states to control mass asyl%m see!ing. tate constraints in asyl%m policy arise more

rom domestic than rom international legal norms. Asyl%m policies are every&here shaped 'y the

t&o increasingly conlicting principles o li'eral nation-states5 pop%lar sovereignty and the

protection o h%man rights.96

+he a'ility to earn asyl%m and greater protections or re%gees can also send a signal that

opens the loodgate to more applications and eBpands the '%rden on the system. Changes in

A%stralian la& point to this lin! arg%ment5

A%straliaEs Chen hi #ai decision, ho&ever, has potentially opened a ne& door, at least in A%stralian

co%rts, or a 8cr%shing caseload9 o cases 'ro%ght 'y Chinese children &ho claim to 'elong to a

3 imcoB and Jen!s, 12 ?David and /osemary,


32/51


social gro%p o 8'lac! children9 &itho%t tr%ly s%ering a reasona'le ear o prosec%tion d%e to that

stat%s.


33/51


+he ne& policy does not involve &omen leeing genital m%tilation. Any applicant or

asyl%m or re%gee stat%s in the (nited tates m%st demonstrate a 8&ell-o%nded ear o persec%tion9

'eca%se o race, religion, nationality, political opinion or 8mem'ership in a partic%lar social gro%p.9

+he eBtended legal arg%ment has 'een &hether a'%sed &omen co%ld 'e part o any social gro%p that

&o%ld 'e eligi'le %nder those terms. ast year, 22,0 people &on asyl%m in this co%ntry leeing all

types o persec%tionG the n%m'er has 'een decreasing in recent years. eca%se asyl%m cases are

conidential, there is no &ay o !no&ing ho& many applications 'y 'attered &omen have 'een

denied or held %p over the last decade. +he iss%e is %rther complicated 'y the pec%liarities o the

(nited tates immigration system, in &hich asyl%m cases are heard in co%rts that are not part o the

ederal F%diciary, '%t are r%n 'y an agency o the J%stice Department, &ith #omeland ec%rity

oicials representing the government.H1

+he de'ates s%rro%nding re%gee policy and asyl%m la& go in a lot o dierent directions to

'e s%re, '%t that is the strength o this s%'-area5 it is clearly deined, reaches a n%m'er o

controversial considerations &itho%t losing its speciicity or mooring, and it %nites the political &ith

the philosophical in a 'ea%ti%l &ay5

ome eBpress concern that potential terrorists co%ld %se asyl%m as an aven%e or entry into

the (nited tates, especially aliens rom tro%'le spots in the "ideast, northern Arica and

so%th Asia. thers arg%e that given the religio%s, ethnic, and political violence in vario%s

co%ntries aro%nd the &orld it is 'ecoming more diic%lt to dierentiate the persected

rom the persectors. ome assert that asyl%m has 'ecome an alternative path&ay or

immigration rather than h%manitarian protection provided in eBtraordinary cases. thers

maintain that c%rrent la& does not oer ade;%ate protections or people leeing h%man rights

H1 J(IA P/:+, J%ly 1H, 200 ?8e& Policy Permits Asyl%m or attered omen,9 S+,

http5&&&.nytimes.com200031H%s1Hasyl%m.html, acsd 71110@

http://www.dhs.gov/xlibrary/assets/statistics/publications/ois_rfa_fr_2008.pdfhttp://www.dhs.gov/xlibrary/assets/statistics/publications/ois_rfa_fr_2008.pdf


34/51


violations or gender-'ased a'%ses that occ%r aro%nd the &orld. At the cr%B is the eBtent an

asyl%m policy orged d%ring the Cold ar can adapt to a changing &orld and the &ar on

terrorism.H2

H2 asem, Immigration Policy :Bpert, Domestic ocial Policy Division, 200 ?/%th :llen, 8( Immigration Policy o

Asyl%m ee!ers,9


35/51


/ed%ce /estrictions or (ndoc%mented Immigrants Controversy Areay rendon an!ey

vervie&

ne !ey area o controversy &ithin the immigration de'ate is esta'lishing ho& the (nited

tates sho%ld resolve the citi)enship stat%s o the 10.6 millionH %ndoc%mented immigrants c%rrently

in the (.. +he past t&enty years o (.. immigration policy has oc%sed on enorcement as the

primary means o addressing %ndoc%mented &or!ers. %ch strategies have 'een ineective at

c%r'ing the lo& o %ndoc%mented immigrants.H7


36/51

Immigration Proposal H

temporary permanent resident stat%s. As co%ld then receive legal permanent resident

stat%s in one or t&o years.H

2. A =ro%nd

/esolving the stat%s o %ndoc%mented immigrants has an array o advantage areas or 'oth

sides o the spectr%m.


37/51


Immigration reorm &ill ail i it leaves 12 million %ndoc%mented immigrants living and

&or!ing in the (nited tates. (ndoc%mented migrants drive do&n &ages, and they threaten

national sec%rity 'y s%pporting an illegal inrastr%ct%re and providing a pool o %ndergro%nd

&or!ers &hich may o'sc%re &o%ld-'e terrorists. +odayEs %ndoc%mented &o%ld also

%ndermine tomorro&Es enorcement. "illions o %ndoc%mented employees ma!e non-

credi'le the threat o &or!site enorcement, and create strong incentives or 'ad-apple

employers to contin%e lo%ting the la&. +heir contin%ed presence &o%ld also send a signal to

others that lie as an %ndoc%mented immigrant here remains a via'le option.H3

9 Co%ncil o


38/51


%ch e;%ivalences are ass%med, acted on, and th%s provide the parameters or the social

scripts &e ollo& in o%r daily practices. In this sense, the disco%rse o &hiteness eBplored

&ithin this section 'ecomes a Omaterial orceO 'y deining citi)enship as 'oth &hite and

ree vis--vis immigrant alien as raciali)ed and %nree, th%s ena'ling the dierentiated

mo'ilities o citi)ens and nonciti)ens. +he spatial ormation o a nation in &hich &hiteness

is synonymo%s &ith reedom artic%lates the nation as a ree space or &hites, in &hich they

are a'le to move &hen and &here they &ish, &hile those &hose 'odies are mar!ed thro%gh

the tropes o race and class thro%gh &hich illegal alien is imagined may 'e detained,

eBploited, and a'%sed.H6

. Case Areas

peciic proposals to address %ndoc%mented immigrants range rom 'lan!et amnesty to

more conservative meas%res demonstrated 'y enator ch%mer and enator =raham5

+he Politics

o /hetoric and pace in the


39/51


allo&s amnesty or la& 'rea!ers. +he Immigration Policy Center eBplains &hy s%ch proposals &ill

'e %ns%ccess%l5

#o&ever, there remains a temptation to create high penalties in eBchange or a green card

'eca%se many politicians &ant to ens%re that people have paid the price or coming to the

co%ntry illegally. An overly p%nitive process, ho&ever, %ltimately deeats the p%rpose o a

legali)ation program 'eca%se it &ill deter people rom participating and potentially drive

people %rther %ndergro%nd.30

A. Decreasing /estrictions on Immigration

ne method o addressing the stat%s o %ndoc%mented immigrants is to decrease the scope

legali)ation provisions. A plan &ithin this area &o%ld eliminate c%rrent provisions &hich stile the

transition to legal stat%s. In light o the aorementioned Immigration Policy Center paper, the (..

co%ld eliminate its 'ac! o the line provisions, &hich orce %ndoc%mented &or!ers to decide

'et&een illegal stat%s and &aiting years or reentry into the (..


40/51


are sometimes availa'le to ( citi)ens and some a&%l Permanent /esident ?P/@ recr%its

&ho have criminal records.31

:Bpanding opport%nities or military service is a %ni;%e area o the immigration reorm de'ate

&hich ena'les the airmative to engage in the str%ct%re o the (.. military as &ell as disc%ssions

o military readiness.32

. Amnesty

Amnesty, altho%gh a dirty &ord on Capitol #ill, is a possi'le solvency mechanism or

resolving immigration stat%s. Altho%gh there are not policy proposals &hich s%pport 'lan!et

amnesty, there is a &ealth o literat%re &hich critici)es the concept o citi)enship em'edded in (..

immigration policy. y eBtending citi)enship to all %ndoc%mented immigrants, the airmative may

topically delegitimi)e national identity5

+his means that citi)enship is not merely an identity '%t is perhaps more ade;%ately

%nderstood as a %nction o space and po&er. pageX2@

http://muse.jhu.edu/journals/radical_history_review/v089/89.1rowe.html#FOOT36http://www.boston.com/news/nation/articles/2007/06/16/immigration_bill_offers_a_military_path_to_us_dream/?page=2http://www.boston.com/news/nation/articles/2007/06/16/immigration_bill_offers_a_military_path_to_us_dream/?page=2http://www.boston.com/news/nation/articles/2007/06/16/immigration_bill_offers_a_military_path_to_us_dream/?page=2http://www.boston.com/news/nation/articles/2007/06/16/immigration_bill_offers_a_military_path_to_us_dream/?page=2http://muse.jhu.edu/journals/radical_history_review/v089/89.1rowe.html#FOOT36


41/51


citi)ens as noncitizens, even as the latter &ere eBercising their %ndamental right to ree

speech, demonstrates the %nevenness &ith &hich citi)enship may 'e enacted. #ere, &hite

citi)ensN sense o o&nership over the national space is enacted as 'oth a racist and a

nationalist eBcl%sion. hile all people involved in the scenario are citi)ens, then, atino

citi)enship is s%'ordinated to a &hite sense o 'elonging ?and a sense that atinos do not

'elong@, &hich is a material maniestation o the !inds o anti-immigration disco%rse

legitimating s%ch dierentiated orms o 'elonging.3

7. eg =ro%nd

A. Immigration pillover DA

pponents o immigration reorm arg%e that eBpanding citi)enship to %ndoc%mented

immigrants &ill enco%rage massive immigration 'eca%se prospective immigrants thin! they &ill

receive e;%al protections. Impacts incl%de the economy, terrorism, dr%g traic!ing, and general

D# overstretch.

"ore importantly, this controversy allo&s teams to disc%ss the eectiveness o the

airmative in light o other means o immigration reorm5

Amnesty sho%ld 'e vie&ed as part o a comprehensive reorm o immigration policy, not as

s%icient in and o itsel. A %ndamental pro'lem &ith an amnesty is that it creates an

eBpectation o %t%re amnesties. #opes o gaining legal stat%s conditional on living or

&or!ing in the ( or a certain period o time &o%ld li!ely enco%rage more %ndoc%mented

immigration. In addition, an amnesty is li!ely to lead to larger %ndoc%mented lo&s as

amilies re%niy in the ( &ith mem'ers &ho ;%aliied or legal stat%s. I the ( goal is to

3 /o&e 2007 ?Aimee Carrillo /o&e is an assistant proessor o rhetoric at the (niversity o Io&a, 8hose OAmericaO>

+he Politics o /hetoric and pace in the


42/51


disco%rage %ndoc%mented immigration, then policyma!ers need to consider other policies as

&ell, incl%ding a g%est &or!er program and to%gher &or!place enorcement. 37

. Politics

Altho%gh the politics disad &ill inevita'ly 'e introd%ced on neBt yearEs topic, it is &orth

noting that the interaction 'et&een the controversy and Capitol #ill is eBcellent and &ill provide or

great politics de'ates neBt year. +his controversy &ill allo& negatives to eBpand past generic

disc%ssions o political capital to&ards the interaction 'et&een !ey lo''ies, constit%encies, and

Congressional committees that &ill vary 'et&een each proposal.


43/51


/emoving /estrictions or ocial ervices Controversy Areay "itch #agney

vervie&5 =iven that there is so m%ch overlap 'et&een this area and the c%rrent high school topic,

&e did not invest a ton o space here to this area. %ice it to say that there are intense political,

legal, and ethical ights a'o%t ho& m%ch access %ndoc%mented immigrants sho%ld have to social

services. +he 'road areas incl%de5

:d%cationDecreasing primary ed%cation opport%nities or nonciti)ens is inherent and potentially has

large advantage areas. Ann%ally, %ndoc%mented st%dents cost Caliornia alone an estimated s%m

over Q10 'illion3

in taB dollars, and nationally the s%m co%ld 'e as high as 7 'illion.3H

(ndoc%mented immigrants are eligi'le or in-state t%ition i they apply to state %niversities in the

state &here they reside.

#ealth Care+here have 'een several airmative cases in high school that eBtend social services or

health care to %ndoc%mented immigrants. President 'ama &ent o%t o his &ay to ens%re that the

most recent health care legislation did not provide access to %ndoc%mented immigrants.33. +he high

school airmatives demonstrate a &ide range o policy and critical advantages ranging rom5

75 /%%u&!')u%"$*!$$!#)%!)%u#)l!)%!)")!lle)l&/%$

76 /%%wwwu&!lle)l)l!e&"$!$)"%&'!lle)l!$$!#)%!e*u")%!/%$l

33 +he =%ardian W10 (Chris c-real+ ,/ healthcare bill leaves illegal immigrants e0cluded+ arch 22+

http5&&&.g%ardian.co.%!&orld2010mar22%s-healthcare-'ill-illegal-immigrants @

http://www.guardian.co.uk/world/2010/mar/22/us-healthcare-bill-illegal-immigrantshttp://www.guardian.co.uk/world/2010/mar/22/us-healthcare-bill-illegal-immigrantshttp://www.guardian.co.uk/world/2010/mar/22/us-healthcare-bill-illegal-immigrants


44/51


'ioterrorism36, disease o%t'rea! 3 ?speciically s&ine l%60@, state '%dgets61, h%man rights

leadership62, and the economy.6

ocial ec%rity

ome %ndoc%mented immigrants are eligi'le or a type o social sec%rity called

%pplemental ec%rity Income, &hich is availa'le to persons not receiving other orms o ocial

ec%rity over the age o H or &ho are disa'led in some &ay. +his is tr%e in a co%ple instances,

incl%ding '%t not limited to (.. armed orces service mem'ers, mem'ership o ederally

recogni)ed Indian tri'es, nonciti)ens admitted as Amerasian immigrants or C%'an#aitian entrants

%nder the /e%gee :d%cation Assistance Act67 ?ocial ec%rity nline@, or a nonciti)en that an

immigration F%dge has &ithheld an order o removal or 6.

=iving %ndoc%mented immigrants access to ocial ec%rity is a possi'le airmative.

ection 202?y@ o the ocial ec%rity Act re;%ires nonciti)ens in the (nited tates to 'e 8la&%lly

present9 to receive 'eneits ?%schler and is!in@. +here is good disc%ssion on 'oth sides o

36 4ynia and -ostin 52+ Director o the Instit%te or :thics at the American "edical Association and American la& proessor &ho

speciali)es in p%'lic health la& at =eorgeto&n ?"atthe& and a&rence, 8+he 'ioterrorist threat and access to health care9, p. pro;%est@

3 6ar 57 J.D. Candidate at


45/51


&hether or not amnesty &o%ld help the s%staina'ility o social sec%rity. It is %nli!ely, ho&ever, that

an airmative can increase access to social sec%rity &itho%t providing amnesty, 'eca%se social

sec%rity &o%ld provide the ederal government &ith an address or a !no&n %na%thori)ed

nonciti)en, &hich &o%ld pro'a'ly ca%se their deportation.

Potential /esol%tions

e 'elieve the transition to controversy papers rather than simple pro'lem area papers has 'eeneBtremely help%l in directing the topic committee to&ards s%ccess%l mechanisms and as a res%lt 'etter topics. elo& is a slate o potential resol%tions or the comm%nity to consider. eac!no&ledge %pront that these resol%tions have not 'een investigated &ith the rigor that isnecessary to rame the act%al college de'ate topic, '%t &e 'elieve these resol%tions represent a

starting point i the comm%nity pic!s this controversy area.

+he de'ate comm%nity has a &ide variety o perspectives on the appropriate orm%lation o aresol%tion. e have, thereore, categori)ed o%r potential resol%tions %sing the analytic rames &ehave heard most oten in topic disc%ssions.

I. imple and :legant

a@ /esolved5 +he (nited tates


46/51


/ed%ce restrictions or ;%aliying or social servicesG/ed%ce restrictions or %ndoc%mented immigrants to achieve citi)enship.


47/51


;sylum and 'efugee 'esolution /tems ;ddendum

+his section sho%ld not deter any other eBplorations into the &ording o a topic a'o%t

immigration, re%gees, and asyl%m policy. +hat said, there are a e& &ays to thin! a'o%t &riting a

resol%tion rom this controversy. In addition to the &ordings s%ggested, there are also a n%m'er o

8no%n-ver'9 com'inations to miB and match. +he ver' seems to 'e directional in terms o

8lightening restrictions, loosening standards, relaBing reg%lations,9 &hile the no%ns 'ecome a

varia'le 'oth in terms o the type o policy or la& ?re%gee policy, asyl%m la&, 'oth@ and in terms o

the o'Fect ?re%gees, asylees, individ%als or gro%ps eBperiencing persec%tion@. +here are also &ays

to mandate legal action 'y speciying the Co%rt as the agent or a type o co%rt decision or even a

speciic series o decisions. n the lip side, it &o%ld also &or! to speciy Congressional action 'y

listing legislation to 'e changed or reormed. "andating :Bec%tive Action &o%ld also &or!, '%t

&o%ld 'e the least attractive o the options 'eca%se se;%encing &o%ld give the negative a leg %p in

the agent co%nterplan de'ate that might 'e hard to contend &ith on the airmative. #ere are some

sta's at &ordings5

a@ road

/5 +hat (nited tates re%gee policy sho%ld 'e s%'stantially changed.

'@ arro&

/5 +hat the (nited tates


48/51


/5 +hat (nited tates re%gee and asyl%m policyla& sho%ld 'e s%'stantially streamlined 'y

removing o'stacles to the a'ility to receive asyl%m, adding more comprehensive categories or

claims o persec%tion, and signiicantly increasing the ann%al allocation or re%gees into the (nited

tates.


49/51


4II. 8/ed%ce /estriction9 "echanism :vidence ?12@

,'educe 'estrictions is commonly used in the conte0t of immigration. /#e0ico relations

are no e0ception.

...International migrationdoes not provide a parallel opport%nity or political reciprocity. +he political economy oimmigration g%arantees that immigration 'arriers &ill mainly emerge in destination co%ntries.Co%ntries o emigration have little to oer in eBchange. In some destination co%ntries, decliningimmigrant ;%ality may provide another 'arrier to removing immigration restrictions.

,'educing restrictions is a common ay to or for freedom of movement+ a basic human

need.

ang%la heFavali, 200 ?8"igration (nder potlight in e& ( /eport,9 ct. ,http5allarica.comstories2001012002.html, accd 7110@

:I= a'le to decide &here to live is a !ey element o h%man reedom, and can 'e highly eectivein raising a personNs income, health and ed%cation prospects. +his is one o the main arg%ments othe (DPNs latest #%man Development /eport, Nvercoming 'arriers5 #%man mo'ility anddevelopmentN, &hich Olays o%t the case or governments to reduce restrictions on movement&ithin and across their 'orders, so as to eBpand h%man choices and reedomsO.


50/51


8/ed%ce /estriction9 "echanism :vidence ?22@

Immigration 'estrictions Conte0tual vidence

@ennifer Chacon+ ;ssistant 6rofessor+ .C. *avis+ /chool of Aa+ 2==:?Connectic%t a& /evie&, Conn. . /ev. 1623, eBis@Almost 120 years have passed since the %preme Co%rt decided the Chinese :Bcl%sion Case, '%t the %nderlying

rationale o the decision still %ndergirds contemporary immigration la&. +hro%gho%t the past cent%ry, co%rts andla&ma!ers have %sed the rhetoric o sec%rity to F%stiy (.. immigration restrictions and harsh(.. removal policies. %ch rhetoric is most common in times o crisis, &hen raciali)edass%mptions a'o%t dangero%sness prompt crisis responses aimed at certain gro%ps o non-citi)ensand their comm%nities.

Contin%es.

i!e the conlation o migrant stat%s and criminality, the lin!ages 'et&een immigration stat%s and national sec%rity

threats have deep historical roots that have 'een reinorced thro%gh la&. n12 In &artime and other times onational sec%rity crises, &hether real or perceived, the nationNs leaders have %sed the rhetoric o

sec%rity to F%stiy heightened immigration restrictions. n12H D%ring times o peace, ho&ever, thoseavoring immigration restrictions have tended to oc%s on economic or c%lt%ralconcerns. n123 eptem'er 11, 2001, signaled the 'eginning o a ne& era o crisis in the (nited tates, and once again,national sec%rity 'ecame the to%chstone o immigration reorm rhetoric.

Immigration 'estrictions Conte0tual vidence

AI;% B'-;*+ 'adyner /chool of Aa+ The Interdisciplinary Center "erliyaD %isiting

'esearcher "arvard Aa /chool+ 2=1=?+he American Jo%rnal o Comparative a&, 6 Am. J. Comp. . @


51/51


ample Immigration /eports

AmericaEs 4oice5

http5americasvoiceonline.orgpagesreormKagenda

Center or American Progress5

http5&&&.americanprogress.orgiss%es20012immigrationKprinciples.html

Immigration Policy Center5

http5&&&.immigrationpolicy.orgiss%es

Immigration Controversy Paper Final2

Documents

Transcript of Immigration Controversy Paper Final2