When the Obama administration reiterated recently that it will make an immigration reform proposal this year, hopes rose among millions of immigrant families for the “change we can believe in.” That was followed by a new immigration position embraced by both the AFL-CIO and the Change to Win unions, rejecting the expansion of guest worker programs, which some unions had supported.
As it prepares a reform package, the administration should look seriously at why the deals created over the past several years failed, and consider alternatives. Beltway groups are again proposing employment visas for future (post-recession, presumably) labor shortages and continued imprisonment of the undocumented in detention centers, which they deem “necessary in some cases.” Most disturbing, after years of the Bush raids, is the continued emphasis on enforcement against workers.
We need a reality check.
For more than two decades it has been a crime for an undocumented worker to hold a job in the United States. To enforce the prohibition, agents conduct immigration raids, of the kind we saw at meatpacking plants in the past few years.
Today, some suggest “softer,” or more politically palatable, enforcement–a giant database of Social Security numbers (E-Verify). Employers would be able to hire only those whose numbers “verify” their legal immigration status. Workers without such “work authorization” would have to be fired.
Whether hard or soft, these measures all enforce a provision of immigration law on the books since 1986–employer sanctions–which makes it illegal for an employer to hire a worker with no legal immigration status. In reality, the law makes it a crime for an undocumented worker to have a job.
The rationale has always been that this will dry up jobs for the undocumented and discourage them from coming. Those of us who served on a United Food and Commercial Workers commission that studied Immigration and Customs Enforcement (ICE) raids at Swift meatpacking plants across the country learned that the law has had disastrous effects on all workers. Instead of reinforcing or tweaking employer sanctions, we would be much better off if we ended them.
Raids and workplace enforcement have left severe emotional scars on families. Workers were mocked. Children were separated from their parents and left without word at schools or daycare. Increased enforcement has poisoned communities, spawning scores of state and local anti-immigrant laws and ordinances that target workers and their families.
Employer sanctions have failed to reduce undocumented migration because NAFTA and globalization create huge migration pressure. Since 1994 more than 6 million Mexicans have come to the United States. Ismael Rojas, who arrived without papers, says, “You can either abandon your children to make money to take care of them, or you can stay with your children and watch them live in misery. Poverty makes us leave our families.”