Adam King is a Ketchum attorney and a member of the American Immigration Lawyers Association.
Fifty-one years ago in Montgomery, Ala., Rosa Parks was arrested for violating the law. It soon became clear to most Americans that the problem was not with Ms. Parks, but instead the fault was with the laws that were antiquated, unfair and inhumane. Our immigration laws need to change to reflect economic reality and the core values that make up our society.
Our immigration system is badly broken and needs to be fixed. Our borders are out of control, insecure, and our system is plagued by incredible backlogs and delays. The evidence is all around us: millions of undocumented immigrants, exploited workers, divided families, deaths in the desert, fake documents, criminal smugglers, community tensions and public frustration.
Local communities are frustrated and divided. Lack of economically sensible and humanitarian action by the federal government is exacting an enormous toll on local communities. The United States needs realistic and comprehensive immigration reform. We need legislation that brings immigrants out of the shadows, shuts down smuggling operations and the black market in fake documents, restores the rule of law at our borders, in our workplaces, and in our communities, and encourages those who settle here to get on the path to lawful permanent status and eventual integration through citizenship.
Most undocumented workers are law-abiding, hardworking individuals who pay their taxes and contribute to our society. They are our neighbors, fellow community members, worshippers and friends. They are essential to many sectors of our economy. Many of them want to stay in America and be full-fledged members of our society, but they have no legal means to do so.
Reform will make our nation more secure. We need a fair, orderly, controlled system that reflects our nation's values and restores the rule of law. We need to know who is here and who is coming into our country. The way to control our borders and to increase our security is to reform our immigration laws so that legality becomes the norm once again.
To reform our immigration system effectively and realistically, we must enact comprehensive legislation along the lines of the bipartisan Secure America and Orderly Immigration Act. Such reform would:
· Match willing workers with willing employers.
· Offer people already here the opportunity to earn their way to legal status by working, paying taxes, learning English, and being committed to American values.
· Reunite close family members, some of whom have been separated for 20 years.
· 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 is essential to our economy. A vibrant economy, in turn, is essential to fund our security needs.
The Earned Legalization proposed by the U.S. Senate is in no way an amnesty. Under the Senate's proposal, an undocumented foreign national would have to demonstrate past work history, pay significant fines, work prospectively for a six-year period, undergo security and background checks, learn English and American civics, pay back taxes, and more. It is disingenuous to call that "amnesty."
