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There are millions of undocumented immigrants present in the US, workers are exploited, families are divided, deaths in the desert, fake documents, criminal smugglers, community tensions and public frustration. WHY?
The Immigration Reform and Control Act of 1986, IRCA, was designed to close the "back door" of illegal immigration by imposing sanctions on employers who hired undocumented workers and provide legal residence for the undocumented immigrants present US, estimated in 1986 at 3 million. I think there are two reasons why IRCA failed to close the "back door":
- Market demand for immigrant workers was underestimated. The assumption was, there was no room in the labor force for immigrant workers. This has been proven false by the continued steady stream of undocumented workers who have joined the labor force successfully since IRCA. Add this to the cap of only 5,000 "low-skilled" visas admissible per year, has meant that the only route for immigrants seeking to work is to come illegally; and
- Employer sanctions were/are ineffective. The major mechanism for enforcing these provisions is the I-9 form, employers keep these forms in their records, but do not file with the government. Employers can also hire contract workers, who technically are not employees.
Reforming our immigration system will require a comprehensive approach, including smarter enforcement at the work place and a new worker visa system that will realistically meet U.S. labor needs. Match willing workers with willing employers; offer people already here the opportunity to earn their way to legal status by working, paying taxes, reunite close family members, enhance our enforcement efforts and security by helping us know who is here and keep out those who mean us harm, facilitate the cross-border flow of people and goods that are essential to our country. A vibrant economy, in turn, is essential to fund our security needs.
Collins & Associates
Attorneys
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The Fassler Building
1004 Broadway Street - Galveston, Texas 77550
Phone: (409) 763-8616 - Fax: (409) 763-2442
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