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THE CONCEPT OF COMPREHENSIVE IMMIGRATION REFORM MUST ADDRESS
BOTH THE SECURITY OF OUR NATION AND THE REAL HUMAN AND ECONOMIC
IMPACT OF OUR IMMIGRATION POLICIES.
prehensive immigration reform will again capture the spotlight.
When it does, our government would do well to move away from
the enforcement-only mindset and embrace a system that provides
both the security and fairness that a successful system needs.
As a candidate, President Obama avoided getting specific
about exactly what he would do on the topics of immigration
and border security. We do know that President Obama and many
of the current members of Congress supported the 2007 immigra-
tion bill that included a route to citizenship for many undocument-
ed immigrants within the United States and proposed other sweep-
ing changes to the immigration system. Based on the new
President’s voting record in the Senate and his statements during
the 2008 election, we can make a few predictions about what kind
of efforts we will see from the new administration:
■ A continued focus on national security and border control (as
a senator, Obama supported strengthening border controls,
including the infamous fence across parts of the U.S.-Mexican
border).
■ A revival of the concept of a path to citizenship for undocu-
mented immigrants already in the United States. Such a plan
would have to include a mechanism that prevented such immi-
grants from jumping ahead of immigrants who are in the United
States legally or seeking to come here through legal means.
It would also certainly include further conditions such as pay-
ment of fines and/or increased fees and requirements to learn
English.
■ Support for family unification through improvements in the
immigration system. This means creating a solution to the prob-
lem of families being separated for long periods of time because
of annual limitations on the number of people allowed into the
United States as permanent residents and the unreasonable
delays in processing applications for residency.
■ Support for employers in filing positions for which they can
show that there is an absence of ready, willing and able U.S.
workers. This includes unskilled positions as well as highly
skilled and technical positions for which there is a known short-
age of qualified U.S. workers.
■ Making the process for the legal immigration of desirable
persons more efficient and the path to citizenship for legal resi-
dents faster and easier.
The State and Immigration Policy
Most employers do not want to break the law, and most try hard
to follow the rules for employing workers. What they want most
from the government in terms of immigra-
tion policy is simple: fairness and consis-
tency, and a genuine concern for the real-
life problems they face.
In 2008, along with increased federal
enforcement efforts, we saw a host of
state laws attempting to
increase employer responsibil-
ity – and obligations – with
regard to immigration enforce-
ment. Most notably, several
states enacted
laws requiring
various employ-
ers to enroll in the
federal govern-
ment’s E-Verify pro-
gram, through which employers
electronically verify the identity
and work authorization docu-
ments of new hires.
On the federal level, regulations
were recently released requiring
certain businesses with federal con-
tracts (or subcontracts) to enroll in
the E-Verify program. Still other laws
imposed additional penalties on
employers who fail to adequately docu-
ment their work force. In each case, the
burden of immigration enforcement increas-
es for employers.
As President Obama has pointed out, we
should not forget that we are both a nation of
immigrants and a nation of laws. Immigration is a
vital aspect of both our economy and our ideals:
government at all levels must strike a balance
between controlling illegal immigration and our need for
immigration policies that keep employers in business. ■
Kelly Weston is a member of the law firm Miller & Martin PLLC. She is
a graduate of the State University of New York at Oneonta and the
University of Georgia School of Law. She practices law in Atlanta, focus-
ing on employment law and business immigration. She can be reached at
404-962-6432.
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