Turning to a broken immigration system

Dear Readers, As regular readers know, occasionally I will use this space as more of an editorial and less of just an exploration of legal issues or trends.

For example, I have commented on both the trend against conviction and/or incarcerations of non-violent criminals and explained why this is both a good idea and even a social necessity.

Just recently, I also commented on the worldwide legal status of women, which still seems to suffer against a male power structure.

This week, we turn our attention to the status of undocumented immigrants and our broken immigration system. It has been almost two years to the day since I last wrote about this problem, in the context of the “Dreamers” (children brought here illegally by their parents, who have all but grown up as American citizens just lacking “papers”).

President Obama issued an executive order to suspend application of our immigration laws pertaining to this group of individuals, as a presidential “Dream Act.”

Here, is some of what I wrote at the time about Dreamers, this executive act, and our whole immigration mess:

From illegal drugs, to porous borders open to possible terrorists, to the 11 million plus undocumented workers cleaning our homes, offices, and hotels, picking our fruit and vegetables, cutting our grass, working in construction, or performing other menial jobs, we have to do something different.

The frustrating irony is that there is so much agreement on the solutions. The Obama Administration has actually been the most aggressive ever at imprisoning and deporting illegal immigrants.

Both sides of the divide recognize that “good” immigration benefits our economy and Zeitgeist.

Our country’s vibrancy and growth is fueled by newcomers’ fresh ideas and perspectives, bringing new energy to our ability to compete in a global free market.

Our colleges and universities are considered the best in the world. Students on visas come here from other countries to attend our higher institutions, subsidized by our tax dollars, only to be stymied to stay, by the lack of a modern visa system, once they finish matriculating.

We need young, eager, and highly qualified teachers in this country – why not employ student immigrants? We don’t have enough engineers or mathematicians amongst native-born college and post-graduate students – why not turn that student visa into a work visa of some type?

I will bet there is nary a Republican, Democrat, or Tea Party activist who’d disagree with any of this.

These words still ring true – and, nothing has happened since. Nothing.

However, there is also an even more unjust class of children not addressed by the “Dream Act,” and being ground down by the system.

And, soon the United States Supreme Court may decide their ultimate legal status.

In their suit, the litigants are made up of children whose parents were lured to come to the United States, such as to teach our children, with the promise that they would receive expedited green cards; in turn. In theory, this would allow the parents to sponsor their minor children to become U.S. citizens.

The problem is that delays in the approval of green cards for the parents caused their children to “time out” of their parents being able to sponsor them. This left the parents as legal residents, but their now-adult children were amongst the “undocumented” individuals living here as foreigners with no rights.

Through government encouragement, if not outright sponsorship, families headed by parents with special talents came to this country seeking a better life for their children.

Selling all and tearing up roots to make a permanent move here. Based on this failed promise, their children find themselves outcasts with no home to return to abroad. This might be an even more perverse policy result than is faced by the Dreamers.

The Supreme Court can maybe find a way to fix this legal dilemma. But, maybe the Court should defer judgment. Maybe this government “bait and switch” is the last straw. Maybe, finally, it will prompt our supposed elected representatives to stop acting like children and make adult decisions.

It is absolutely time for them to do so. Congress, fix this immigration mess – NOW!

Local attorney Jim Rockefeller owns the Rockefeller Law Center and is a former Houston Co. Chief Assistant District Attorney, and a former Miami Prosecutor. Visit www.rockefellerlawcenter.com to submit confidential legal questions, and to review former articles and Frequently Asked Questions.

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