Introduction
America’s immigration laws are collidingwith reality, and reality is winning. Today anestimated eight million or more people live inthe United States without legal documents, andeach year the number grows by an estimated250,000 as more enter illegally or overstay theirvisas. More than half of the illegal immigrantsentering and already here come from Mexico.In February 2001, two newly inauguratedpresidents, George W. Bush and his Mexicancounterpart Vicente Fox, agreed at a meeting inGuanajuato, Mexico, to work together to fix theproblem. The meeting led to the creation of theU.S.-Mexico High-Level Working Group onMigration, composed of the U.S. attorney gener-al and secretaries of state and labor and theirMexican counterparts, and commissioned to finda way to end the illegal flow of labor across theborder. On September 7, 2001, after meeting forthree days in Washington, Bush and Fox“renewed their commitment to forging new andrealistic approaches to migration to ensure it issafe, orderly, legal and dignified.” They endorsedan immigration policy that includes “matchingwilling workers with willing employers; servingthe social and economic needs of both countries;respecting the human dignity of all migrants,regardless of their status; recognizing the contri-bution migrants make to enriching both societies;[and] shared responsibility for ensuring migrationtakes place through safe and legal channels.”
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Expectations were running high at that pointthat the two countries could reach an agreementthat would confer some kind of legal status onthe estimated 4.5 million Mexicans living in theUnited States illegally and open a channel forMexican workers to enter the U.S. labor marketlegally. But the terrorist attacks on the WorldTrade Center and the Pentagon only four dayslater knocked those plans off the burner entire-ly. Now, one year after those events, the under-lying reality of migration that brought the twopresidents together remains fundamentallyunchanged and must be addressed.Immigration remains the most conspicuouspiece of unfinished business between the UnitedStates and Mexico. On almost every other front,U.S.-Mexican relations have made dramaticprogress in recent years. After decades of stateplanning and protectionist “import-substitu-tion,” Mexico in the 1980s turned to more openand market-oriented economic policies. In thewake of the debt crisis of 1982, Mexico loweredtrade barriers unilaterally, liberalized its domes-tic economy, and institutionalized open trade by joining the General Agreement on Tariffs andTrade in 1986 and the North American FreeTrade Agreement in 1994. Under NAFTA, theUnited States, Mexico, and Canada agreed todismantle barriers to trade and investmentacross their borders.The most obvious result of Mexico’s turn tothe market has been growing economic inte-gration with the United States. Mexico is nowAmerica’s second largest trading partner,behind only Canada, and the flow of foreigndirect investment between our two countrieshas grown as rapidly as trade (see Figure 1).
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The number of individual Mexicans crossingthe border each year, most as temporary visi-tors, has been rising steadily. The movement of goods, services, capital, and people has beenfacilitated by an improving infrastructure of roads, airports, and telecommunications. Andthose economic reforms, in turn, have tilled thesoil for political reforms. On July 2, 2000,Mexicans elected Vicente Fox to a six-yearterm as president, the first opposition-partycandidate in 71 years to break the rulingmonopoly of the Institutional RevolutionaryParty (PRI).The one glaring exception to the trend isimmigration policy. While the U.S. govern-ment has encouraged closer trade, investment,and political ties with Mexico, it has labored invain to keep a lid on the flow of labor across theborder. Since the mid-1980s, in its effort tostop illegal immigration, the U.S. governmenthas imposed new and burdensome regulationson American employers and dramaticallyincreased spending on border control. Despitethose aggressive efforts, America’s border poli-cy has failed to achieve its principal objective:to stem the flow of undocumented workersinto the U.S. labor market.
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While the U.S.government hasencouraged closertrade, investment,and political tieswith Mexico, it haslabored in vain tokeep a lid on theflow of labor acrossthe border.
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