Tackling the Illegal Immigration Problem

The Center for Media and Democracy, in a section entitled "Illegal Immigration US," from its Source Watch.org website contained the following definition: "Illegal immigration (also referred to unauthorized or undocumented immigrants) refers to the migration of people across national borders in a way that violates the immigration laws of the destined country."i The website USLegal.com defines an illegal immigrant as “…a person who has entered the country without official authorization.”ii Every year, according to the Pew Research Center, unauthorized immigrant numbers have risen, achieving a peak of 12 million in 2007, and leveling off at 11.5 million since then.iii Regardless of whether or not Congress takes decisive action on immigration reform in the near term, immigration will long remain a critical issue due to the fact that it has a profound impact on the U.S. economy and intersects with other public policy areas such as health care, education, the labor market, and national security. While the scope of this paper is much too limited to offer an in-depth analysis, it proposes three changes that should be implemented in order to tackle the problem of illegal immigrationhere in the US. Firstly, that undocumented labor needs to stopped, the border needs to be monitored more vigilantly, and aneffective visa monitoring program needs to be put in place.

One of the main reasons that immigrants, legal or otherwise,come to the US is economic – they come to seek a better standard of living and go about this through seeking employment. Accordingto the Bureau of Labor Statistics, in 2012, there were 25.0 million foreign-born persons in the U.S. labor force, comprising 16.1 percent of the total.iv Interestingly, Passel and Cohn in 2014 surmised that the nation’s labor force of 154 million peopleincludes an estimated 8.3 million unauthorized immigrants. The 5.4% unauthorized-immigrant share of the labor force in 2008 roserapidly from 4.3% in 2003, and has leveled off since 2007.v And,

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despite the negative stereotypes that linger in people’s minds, the undocumented are hardly relegated to agriculture and domesticservice. Construction, manufacturing and retail are among their biggest employers, according to the Migration Policy Institute.vi

Such workers contribute to the displacement of native-born workers in the workplace. As the Immigration and Naturalization Service put it: "The critical potential negative impacts of immigrants are displacement of incumbent worker groups from theirjobs and wage depression for those who remain in the affected sectors."vii How then can the influx of unauthorized immigrants into the US be addressed? The first step is to stop all undocumented labor. The best way to approach this is to mandate an employment verification system, such as E-Verify. According tothe E-Verify website, the program allows participating employers to verify whether newly hired employees are authorized to work inthe US by checking their I-9 against DHS and the U.S. Citizenshipand Social Security Administration.viii At present, however, the E-Verify program is voluntary for employers, which means that employers who favor undocumented laborers, can choose to opt out.The effectiveness of E-Verify, in catching offenders, was never more evident than in April 16, 2008, when ICE (U.S. Immigrations and Customs Enforcement) agents arrested more than 400 hourly workers at several facilities (Arkansas, Tennessee, Florida, WestVirginia, and Texas) of Pilgrims’ Pride Corp. The charges included “…engaging in immigration-related crimes, including aggravated identity theft, in order to fraudulently obtain employment with the company.”ix Pilgrims’ Pride had voluntarily participated in the E-Verify program. In another case, on August 8, 2008, Howard Industries of Mississippi had 595 suspected illegals arrested, and here the charges included aggravated identity theft, fraudulent use of Social Security numbers, and other crimes. One had used the identity of a dead person to gain employment, with the others using stolen identities. Howard had joined E-Verify in 2007. Furthermore, in FY 2007, ICE obtained

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more than $31 million in criminal fines, restitutions, and civil judgments as a result of worksite related enforcement actions. This is further proof of the effectiveness of the E-Verify program and why is should be mandated. When E-Verify is mandated into law, the problems associated with undocumented labor will disappear.

While employment verification, with its fines and penalties,can be a deterrent to employers and employees who are proponents of the undocumented labor market, it is insufficient. The main flaw is that it seems to be more a case of cure than prevention. That is, while employment verification does work to catch illegalworkers, it only does so if these illegal workers are already here in the U.S. and are seeking employment from an employer who participates in the E-Verify program. The second approach to tackle illegal immigration, then, would have to be a preventativeone. This tactic would involve the constant monitoring of the US border, which would effectively curb illegal border crossings. The U.S. Customs and Border Protection (CBP) department reported that, in 2013, there were 414,397 apprehensions at the southwest border, 3,162 at the coastal border, while there were 3,230 at the northern border.x The sheer numbers, which peaked at 1999-2001, but have dwindled since, convey the gravity of the situation when it is realized that for those that are caught, many more get away. The problem, it seems, lies in the sheer scale of the area involved. Beaver (2006)xi reports that the US-Canadian border is approximately 3,987 miles, and while the length of the U.S.-Mexican border is estimated at 1,933 miles, the U.S. coastline from northeast around the United States to northwest is approximately 12,479 miles. Interestingly, in 2006, then-President Bush signed the Secure Fence Act, which authorizedthe construction of hundreds of miles of additional fencing alongthe southern border, more vehicle barriers, checkpoints and lighting to help prevent people from entering the country illegally. It also authorized the Department of Homeland Security

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to increase the use of advanced technology, like cameras and satellites and unmanned aerial vehicles to reinforce the infrastructure at the border.xii This bill was designed to help aid Border Control agents in enforcement, but at present, due to financial constraints, the fence is still incomplete. The only avenue then, is to increase the manpower-hours involved in borderenforcement along the southern border, which lets in over 95% of the illegal immigrants each year. Overall, the number of agents posted to the Southern border has steadily increased, from 3,555 in 1992 to an all-time high of 18,611 in 2013. It is fascinating to note that as the number of Border Control agents posted has increased, so has the number of apprehensions at the southern border dwindled, showing a decrease in the overall number of illegal-crossing attempts. This is a statistic which highlights the importance of border-control measures and monitoring. The next step to further help the cause would be to use surveillance technology extensively, such as the use of unmanned aircraft systems (UAS), and Orion P-3 programs. These technologies enable the detection, and tracking of aircraft, boats, vehicles, and personnel remotely, and help secure the skies and borders from illegal immigrants.xiii These so-called “force multipliers” allow the USBP to deploy fewer agents in a specific area while maintaining the ability to detect and counter intrusions and are increasingly becoming a part of the USBP’s day-to-day operations.Increasingly, DHS has explored the use of UAVs by The Office of Customs and Border Protection Air and Marine (A&M) in support of USBP’s mission to augment USBP agents’ ability to patrol the border.xiv With these measures in place - the increase in the number of Border Control agents, as well as the use of surveillance technology – the number of immigrants crossing our borders illegally should decrease.

However, one of the biggest contributors to illegal immigration numbers, ‘over-staying’, needs to be addressed if theproblem is to be effectively attacked on multiple fronts. Those

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responsible are illegals that came in legally through a port of entry, and simply overstayed their visa. This issue can escalate quite quickly due to the sheer scale. During 2012, for example, there were 165 million nonimmigrant admissions to the US, according to DHS workload estimates.xv If the percentage of overstayers had been the same as in 2005,xvi where it was 40 to 50%, this would have meant that about 80 million people would have stayed back illegally, a significant impact on the unauthorized immigrant population. The burden lies with the DHS to come up with a better visa tracking system to ensure that there are no more visitors who come and then remain ‘in limbo’ indefinitely. At present, nonimmigrant visitors are tracked usingeither of two documents, the I-94, half of which is collected on arrival and the other half when they leave, and the Border Crossing Card, which is issued to Mexican nonimmigrants. The mainproblem with the I-94 form lies in the fact that it is a handwritten form, and it is hard for officials to match the arrival record with the departure record, especially when there are thousands of visitors at the ports of entry (arriving and departing) everyday. A 2003 report by the U.S. Government Accountability Office (GAO) found “there is no accurate list of overstays” because not all departure forms are collected and not all can be matched to arrival forms.xvii In March of 2013, OBIM (the Office of Biometric Identity Management) replaced the US-VISIT initiative, which was a system put in place to provide computerized records of arrivals and departures and a means of checking the identity of the visitor with biometric data. OBIM issupposed to protect the nation by providing biometric identification services that help federal, state, and local government decision makers accurately identify the people they encounter and determine whether those people pose a risk to the United States. OBIM supplies the technology for collecting and storing biometric data, provides analysis, updates its watch list, and ensures the integrity of the data.xviii Mexican

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nonimmigrants that hold a Border Crossing Card, however, do not have to fill out an I-94 unless they are requesting an extended stay. Cardholders can easily overstay their visits since, unlike with I-94 forms, there is no attempt to check on whether the border crossers leave. Moreover, border crossing cards have been used fraudulently by others to cross because the biometric identifiers are not checked for all border crossers or at all ports of entry.xix Consequently, the government has a pretty good idea of how many people come into the country if they fill out one of the forms, but it does not have a full count of how many leave. The solution to tracking nonimmigrant visa holders lies inbiometric data. All visitors to the US should have biometric datacollected at entry points, and then matched when they leave the country. Incorporated into the system should be a system of checks and balances. That is, the biometric data collected when avisitor arrives at a port of entry, should set off a ‘countdown timer’ of sorts in the visitor database management system, that can only be deactivated by the same biometric data collected at apoint of departure (before the expiration date), or a systems administrator. Case in point: Suppose John arrives into LAX on June1. As soon as he arrives, the CPB officer takes his biometrics, and enters his visa information into the system. As soon as this is done, the timer is activated and will alert the officials if John is not recorded as leaving the country before his visa expires on December 1. With this system, all visitors are effectively tracked and this would go a long way to curtailing the problem of over-staying.

Of course, as with any controversial subject, there will be other points of view. For instance, there will be those who feel that undocumented labor should be allowed toflourish. Morgan (2007) offered the following: "[U]nauthorized aliens are not taking jobs or significantly affecting native workers’ wages. Immigrants, including unauthorized aliens, are filling a demand for

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labor, especially in low skilled jobs, which lowers prices and modestly raises natives’ per capita income...” He further states the research by the Office of the Comptroller shows that in Tennessee for example, “…sufficient eligible workers are not available to meet theirlabor demands. They contend that the number of projected jobs is greater than the eligible workers moving into the workforce."xx However, Briggs (2008) contends that the influx of illegal immigrants drives unemployment numbers higher and depresses the wages of black American workers, the most vulnerable workers in the American work force.xxi Furthermore, Richard Jones, Sheriff of Butler County in Ohio, in a Dec. 6, 2007 email response to ProCon.org, responded: "Yes. Not only are American workers harmed by the loss of jobs (to immigrants), the hourly rates are reduced because of illegal aliens working for far less. I know of business owners who often cannot compete in the bidding process for contracts because of under bidding by other businesses that cheat and hire illegal aliens at far less than standard wages. This practice is destroying many American businesses and costing honest, hard working Americans their jobs."xxii As can be seen, while illegal immigration fills a demand for labor, it also drives unemployment numbers higher and depresses wages for a particular segment of the population. The second point of contention has to do with the issue of border security. There are groups out there who believe that the border is now more secure than ever before. In fact, even President Obama, in a visit to Mexico in early May of 2013, stated, “I think it’s important for everybody to remember that our shared border is more secure than it’s been in years. Illegal immigration attempts into the United States are near their lowest level in decades.”xxiii The reasoning that would then follow would dictate that there needs to be lessspending on border security, not more. In all reality, however, the border is only as secure as the sum of its parts. That is, as Kephart(2013) reports, “…apart from the interdiction work of our 20,000 Border Control agents, …we can " install, where feasible, fencing across the Southern

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border that can't be stepped over, cut, tunneled under or ramped over; and, use technology to achieve 100 percent detection and safer, more efficient operations without increasing Border Patrol staff.xxiv Lastly, there are people who state that a nonimmigrant monitoring program is cost-prohibitive. Senator McCain (2006) stated on the Senate floor: "I have listened to and understand the concerns of those who simply advocate sealing our borders and rounding up and deporting undocumented workers currently in residence here. But that's easier said than done... I have yet to hear a single proponent of this point of view offer one realistic proposal for locating, apprehending, and returning to their countries of origin over 11 million people. How do we do that? ...it would take 200,000 buses extending along a 1700 mile long line to deport 11 million people. That's assuming we had the resources to locate and apprehend all 11 million, or even half that number, which we don't have and, we all know, won't ever have." The flaw with this reasoning is that there are a lot of conjectures which are not backed up with fact. What is factual is this:the IT Dashboard website, which is an official website of the US government, states that the OBIM project, which willtrack biometric identification, costs a modest $64.8 million.xxv Contrast that with one of the economic costs of illegal immigration, that of welfare – The Federation of American Immigration Reform (FAIR) states that the cost forproviding welfare and assistance to Americans who have beendisplaced by unauthorized immigrants, is over $15 billion ayear.xxvi

To conclude, there is no band-aid solution to the illegal immigration problem. The socio-economic effects are far-reaching,from job displacement of native workers, identity theft, wage depression, and increased costs of government spending. The threeavenues to tackling the problem lie in stopping undocumented labor, increased vigilance at the borders, and the implementationof an effective visa monitoring system. With this trifocal approach, the issue can finally be laid to rest.

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Notes

i "Illegal Immigration (US)." SourceWatch.org. The Center for Media

and Democracy, 10 Aug. 2008. Web. 15 May 2014.

http://www.sourcewatch.org/index.php/Illegal_Immigration_%28US%29>.

ii "Illegal Immigrant Law & Legal Definition." Illegal Immigrant Law &

Legal Definition. USLegal.com. Web. 15 May 2014.

<http://definitions.uslegal.com/i/illegal-immigrant/>.

iii "Estimates of the U.S. Unauthorized Immigrant Population,

1990-2012." Pew Research Centers Hispanic Trends Project RSS. Pew Hispanic

Center, 20 Sept. 2013. Web. 18 May 2014.

<http://www.pewhispanic.org/2013/09/23/population-decline-of-

unauthorized-immigrants-stalls-may-have-reversed/ph-unauthorized-

immigrants-1-01/>.

iv Mosisa, Abraham T. "Foreign-born Workers." U.S. Bureau of Labor

Statistics. U.S. Department of Labor, July 2013. Web. 18 May 2014.

<http://www.bls.gov/spotlight/2013/foreign-born/home.htm>.

v Passel, Jeffrey S., and D'Vera Cohn. "A Portrait of

Unauthorized Immigrants in the United States." Pew Research Centers

Hispanic Trends Project RSS. Pew Hispanic Center, 14 Apr. 2014. Web. 18 May

2014. <http://www.pewhispanic.org/2009/04/14/a-portrait-of-

unauthorized-immigrants-in-the-united-states/>.

vi Capps, Randy, Michael Fix, Jennifer Van Hook, and James D.

Bachmeier. "A Demographic, Socioeconomic, and Health Coverage Profile

of Unauthorized Immigrants in the United States." Migrationpolicy.org.

Migration Policy Institute, May 2013. Web. 18 May 2014.

<http://www.migrationpolicy.org/research/demographic-socioeconomic-

and-health-coverage-profile-unauthorized-immigrants-united-states>.

vii "The Triennial Comprehensive Report on Immigration." U.S.

Citizenship and Immigration Services. Department of Homeland Security, 1999.

Web. 18 May 2014. <http://www.uscis.gov/>.

viii "What Is E-Verify? | USCIS." What Is E-Verify? | USCIS. Department

of Homeland Security, 31 Jan. 2014. Web. 18 May 2014.

<http://www.uscis.gov/e-verify/what-e-verify>.

ix Smith, Joe. "E-Verify". Online Video Clip. YouTube. YouTube, 23

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x "CBP Fiscal Year 2013 in Review." U.S. Customs and Border Protection.

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000000/cbp-fiscal-year-2013-review>.

xi Beaver, Janice C., and Barbara Torreon. U.S. International Borders:

Brief Facts. The Library of Congress, 9 Nov. 2006. PDF.

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xiii U. S. Customs and Border Protection Pilot. Department of Homeland

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xiv Gertler, Jeremiah. Homeland Security: Unmanned Aerial Vehicles and

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xv Nonimmigrant Admissions to the United States: 2012. Department of

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xvi "Modes of Entry for the Unauthorized Migrant Population." Pew

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entry-for-the-unauthorized-migrant-population/>.

xvii OVERSTAY TRACKING: A Key Component of Homeland Security and a Layered

Defense. Washington: General Accounting Office, May 2004. PDF.

xviii "Homeland Security." OBIM. Department of Homeland Security,

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xix "Modes of Entry for the Unauthorized Migrant Population." Pew

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xx Morgan, John G. IMMIGRATION ISSUES IN TENNESSEE. Nashville:

Comptroller of the Treasury, Office of Research, 1 Aug. 2007. PDF.

xxi Briggs, Vernon M., Jr. "Illegal Immigration: The Impact on

Wages and Employment of Black Workers." Center for Immigration

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xxii Jones, Richard K. "Does Illegal Immigration Harm American

Workers (for Example, through Job Displacement or Lower

Wages)?" Illegal Immigration. ProCon.org, 1 Apr. 2008. Web. 19 May 2014.

<http://immigration.procon.org/view.answers.php?questionID=000852>.

xxiii "Inside Immigration Reform: Securing the U.S.- Mexico

Border." PBS Newshour. PBS, 29 May 2013. Web. 19 May 2014.

<http://www.pbs.org/newshour/bb/law-jan-june13-immigration_05-29/>.

xxiv Kephart, Janice. "Should the United States Tighten Its Border

Security?" Center for Immigration Studies. CQ Researcher, 27 Sept. 2013.

Web. 20 May 2014. <http://www.cis.org/OpedsandArticles/Border-

Security-Kephart>.

xxv "CBP - OBIM - Automated Biometric Identification System

(IDENT) | Federal IT Dashboard." CBP - OBIM - Automated Biometric Identification

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order=data_controller_column_17&sort=asc>.

xxvi "Economic Costs of Legal and Illegal Immigration | CAIRCO -

Colorado Alliance for Immigration Reform | Issues Legislation

Projects Research." CAIRCO. Colorado Alliance for Immigration Reform.

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immigration>.

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