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Immigration Reform


Today, the problem of illegal immigration becomes an unbearable burden for the US, especially for the local authorities and states, which are often left alone in face of a bunch of socioeconomic problems provoked by illegal immigration. Moreover, the current socioeconomic crisis and economic recession have aggravated the situation dramatically because the local as well as federal budgets cannot afford the increase of social expenses and elimination of problems raised by the illegal immigration. In such a situation, the arguments concerning the necessity of the immediate introduction of immigrant reform grow stronger than they used to be in the past. Hence, in spite of failure of the two previous efforts to reform the immigration legislature, the third, last effort is badly needed. Otherwise, the USA immigration system may collapse, being unable to afford the growing number of immigrants, while the US economy can hardly afford the growing number of new workers who arrive to the US illegally and undermine the situation in the national labor market, which is apparently stagnating at the moment. In such a context, the views on the immigrant reform vary dramatically from the total ban of illegal immigration and expulsion of illegal immigrants from the USA to the legalization of immigrants, including the provision of a possibility of reunification with their families, on the premise of the protection of human rights of illegal immigrants.


The full controversy of the immigration reform and its major challenges are revealed in the Washington Post�s editorial �Democrats Should Face the Challenge�, which stresses the necessity of the immediate introduction of the immigration reform. In this respect, the experience of the Governor of Arizona, Janet Napolitano is very important since she is an opponent of the illegal immigration and she deals with this problem daily because Arizona is the state the most affected by the problem of illegal immigration. The number of illegal immigrants in Arizona is highest compared to other states. In such a situation, Janet Napolitano knows all the effects of illegal immigration on the state as well as national economy and social life.
In fact, it is obvious that the illegal immigration evokes a number of serious socioeconomic problems. Basically, the illegal immigration affects the labor market of the USA because illegal immigrants move to the US in search of work and better life. In such a way, it is obvious that the ongoing illegal immigration will lead to a profound crisis in the national as well as local labor markets, where illegal immigrants can potentially replace US-born workers and, thus, increase the unemployment rate, which has been galloping within recent months because of the economic recession in the USA. At the same time, Janet Napolitano warns that the economic crisis in the US will not stop the illegal immigration because the situation in Latin America, where the majority of immigrants come from, is even worse than in the USA.
In addition, illegal immigration evokes problems related to health care services and education of immigrants, including illegal immigrants. These problems definitely lead to the growth of the state expanses and become unbearable burden for the state budget in face of the aggravating socioeconomic situation nationwide. At the same time, the position of Janet Napolitano reveals the existing controversy in view on the immigration reform. To put it more precisely, basically she stands for the ban of illegal immigration and limitation of the access of illegal immigrants to return to the US once they leave the country. On the other hand, she does not support legislative initiatives which would have �cut-off in-state tuition aid for undocumented college students, even if they were brought to the country as children of their parents� (Democrats should face the challenge). In actuality, this means that the Governor of Arizona admits the possibility of retaining a part of illegal immigrants in the US, especially those who could be or are qualified specialists in some areas. In such a way, it is possible to speak about a moderate view on the immigration reform, according to which the illegal immigration should be banned, but not all illegal immigrants should be expelled from the country. However, the latter raises the problem of the development of clear and just criteria according to which illegal immigrants should be either expelled or stay in the USA. Moreover, this issue also raises the problem of human rights since it is obvious that formally all illegal immigrants are in the same, illegal, position. Hence it would be just either to expel all illegal immigrants or let them stay in the country.
In regard to the solution of this dilemma specialists offer absolutely different approaches. For instance, David Bacon, in his article �Beyond Broceros� insists on the necessity of the protection of human rights of illegal immigrants. Moreover, he argues that immigrants should take an active social position and launch civil action against the efforts of the Republicans to limit rights of illegal immigrants and maintain discriminatory policy in regard to people living and working in the US, even if they are undocumented immigrants (Bacon, 2005). In such a situation, it is obvious that Bacon is a proponent of the legalization of illegal immigrants and counteraction to the efforts of officials to limit the access of immigrants to the US as well as the violation of their rights within the country. In fact, this position can be justified by the necessity of the protection of basic human rights of immigrants, even though do not have a legal status in the USA. However, such a position is a bit radical because it does not simply lead to the legalization of illegal immigrants in the USA but it also encourages pro-immigration policies. The latter means that Bacon practically offers the state to avoid interference in the immigration policies on the premise of the violation of human rights of illegal immigrants.
At this point, the position of T.P. Jeffrey in relation to human rights is particularly noteworthy since he refers to the principle of freedom of choice its legal interpretations. To put it more precisely his argument may be interpreted in the context of immigration as follows: if the US get some benefits from the illegal immigrants than it should give them back some benefits, for instance, provide them with job equal to American citizens (Jeffrey, 2005). In fact, this position undermines the position of supporter of the ban of illegal immigration and expelling of illegal immigrants from the US, because immigrants apparently bring considerable benefits to the US economy since they are the main source of younger, economically active population to the US and they enlarge national labor market. Hence, the state could give them some positive feedback either through legalization or some social guarantees. However, such an approach to illegal immigration does not take into consideration possible negative effects of illegal immigration, such as unemployment, high crime rates, etc. In fact, the position of Bacon and Jeffrey is based on purely formal, legal ground.
In this respect, the position of Felicia Persaud seems to be more rational and it backs up, in a way, the position of Janet Napolitano. In fact, this position is grounded on socioeconomic factors. The author apparently understands the economic significance of illegal immigrants to the US. On the other hand, she understands that the further growth of illegal immigration will unaffordable for the US. Hence, she suggests to stop the illegal immigration and to legalize the undocumented immigrants that are living and working in the US. In fact, such a solution may be an effective compromise which can balance the current situation avoiding growing expenses on the departure of illegal immigrants and granting them with the possibility to get the legal status in the US.
Thus, taking into account all above mentioned, it is possible to conclude that the immigration reform is needed since it is impossible to maintain status quo when the illegal immigration is growing and the US suffer from economic recession. In such a situation, the immigration reform should apparently aim at the prevention of illegal immigration, but it is impossible to send all the illegal immigrants off the country because it will be costly and, what is more, it may have negative economic effects, taking into consideration that there are millions of economically active illegal immigrants in the US, at the moment. Hence, their legalization would be more logical but it should be backed up by stricter immigrant policies to be implemented in the future.

Immigration Reform 8.7 of 10 on the basis of 4081 Review.

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Marriages of Convenience - Immigration Essays - Free Law Essays

Free Law Essays - Immigration Law Discuss the treatment of "marriages of convenience" in immigration law

Forced and arranged marriages in Asian tradition have created a furore in United Kingdom over the years. Now marriages of convenience are creating an upheaval that cannot be stopped. These two kinds of marriages, where plenty of money exchange hands mainly are entered into for circumventing immigration laws. Marriages have started taking place for such ludicrous reasons like getting a health plan for the partner. Breaking of the marriage too is equally quick. Usually as soon as the real intention is fulfilled, marriages are annulled and according to authorities, the bride and groom do not live together in most of these cases. We even come across marriages by proxy. Both the parties have to sign a contract and this is accepted in countries like El Salvador and Israel. The problem arises when the spouse applies for a UK Visa. UK being keen on cutting down as many illegal entries as possible would definitely discourage such marriages.

USA and other European countries too are facing a similar problem. In addition to these marriages, there are lesbian and gay partners. Once gay and lesbian marriages are accepted, ignoring them becomes a matter of denial of human rights and these partners could not be refused immigration. At least a few of these marriages are made only for the simple reason that the other partner should gain an entry to a more developed country. It is difficult to prove the sexual orientation of the partners, or if they are real partners at all.

It is believed that at least 10,000 marriages per year in London are marriages of convenience. A marriage of convenience could be a passport to reach another country, to escape from the cultural pressures, family squabbles, There are films like The Wedding Banquet and Green Card, and people are well aware of this situation. Mail order brides are available in all countries now and their parents do not have much problem about the situation either. UK and other Western countries have to think of many changes in the Immigration laws to deal with this situation. It is not very easy to separate legal from the illegal ones. Immigration and naturalization of aliens who are married to UK citizens had been going on for a long time, before this desperate situation arose.

There are also cases of feigning legitimate relationships when no such thing exists. They keep up the pretence as long as their immigration situation is cleared and go their own way afterwards. There are many examples of 'one-sided' marriages. In USA, Immigration of Marriage Fraud Amendment Acts, 1986 has effectively dealt with this matter to a large extent.

UK Home office has brought many rules to follow while assessing such applications. The careful assessment of marriage photographs and decide if they are genuine is one way of doing it. Whether the consummation of the marriage has taken place or not? Are there any children? Is the wife pregnant? Whether it is the first marriage or a subsequent marriage, especially for the sponsor? Nowadays almost all the Asian, especially Muslim marriages are looked at with suspicion that could be justified under the circumstances.

People could be deported from UK on the ground that their presence is 'not conducive to the public good' and marriage of convenience could be taken as one of the grounds. Such a deported person can request for the order to be revoked, through Home office, or British High Commission in his or her own country. The usual practice is that the order is not revoked at least for three years. Under certain circumstances, people who have entered without proper permission, or those who have come under the blanket suspicion of having made the marriage of convenience, could be treated as illegal entrants. Such people might have entered either by concealing many particulars, or by misleading the Immigration officers and by disclosing only partial information. Some people leave voluntarily and there is a provision of paying their fares to return to make it as less painful as possible. It is just a pleasant gesture and this includes people who are caught in this muddle for no fault of theirs.

The traditional registered marriages could be easily detected. Genuine marriages cannot be ignored as part of the Human Rights. Registered marriages make better impact on authorities. Authorities are looking for proof that the marriage was performed with the complete approval and co-operation of both the parties and entered into voluntarily, without any ulterior motive or pressure. Also it should withstand the verification that it was conducted with open consent of both the parties. Nowhere it should give the impression that the marriage was solely for the purpose of obtaining an entry into United Kingdom and if any of these fail, definitely the request would not be entertained.

There are many newly introduced rules now to discourage this evil. Both the partners should have attained majority. One of the spouses should hold a legal permission to stay in United Kingdom. A jobless or houseless spouse would not be able to offer much for the future life of the other person. Spouse's income and capability of financially looking after the other partner are crucial for an application and none of these should look temporary, ungenuine and dishonest. The education and employment history of the spouse residing in UK would be assessed. The capability of the spouse to support the alien partner would be weighed. Sometimes even after all the requirements are met, Immigration officer might get a doubt, just at the unbelievable perfection of the whole thing and might refuse the permission. With their vast experiences of dealing with hopeful UK citizens, they would have developed an acute sensitivity and sometimes, without any reason, and they feel sure that something is wrong somewhere and under those circumstances, they prefer to opt for more time, to ponder over things. Usually such cases end up in refusing the permission. Sometimes, very strong humanitarian considerations tip the scale in favour of the alien. Even if there is a child, if neither parent is a British citizen or legally settled in UK, the child cannot get the British citizenship.

Marriage of convenience is becoming a bigger problem among Asians and Third world countries. People in their desire to come to developed Western countries, make the mistake of getting into any kind of marriage alliance and get into trouble very often. It is not as easy as they think it is. Every Western country is discouraging this trend before it attains an enormous threatening form. This does not mean that the trend has fully stopped. It goes on in the face of discouraging laws and tightened immigration rules.

Foreign spouses, especially after the onslaught of terrorism, have been regarded with suspicion in all western countries for obvious reasons. Immigration authorities are also nervous that terrorists might be using the marriage of convenience as one of their tools to get access into the Western countries. There are enough reasons to be sure that many brides are willing to be part of the ongoing Jihad by helping the terrorists to gain entry. With that in mind, UK law had taken many measures to discourage the new and dangerous trend. Immigration authorities, while considering the foreign spouse applications are expected to mainly consider if the couple had shared residence earlier or not, and if so, for how long; whether they speak the same language, whether they come from the same country; is there any other common language other than English; the age difference between the partners; their personal background; is it an impossible union or a workable one? How much personal knowledge of each other they had before the marriage? How many times have they married earlier and are any children involved in the situation?

They also assess the overall family situation of both the partners, like the length and nature of partners' stays in the respective countries, both the partners' family ties with United Kingdom and mainly the alien person's country of birth. To fulfill the condition of maintenance, the UK partner is supposed to show his income and expenditure statement, an adequate place of dwelling, etc. Statements of income, self-employment income, public and private pensions benefit, sickness and even maternity benefit in some cases will be asked to be submitted.

Marriages are being scrutinized by all Immigration authorities in great detail for considering the family reunification request. The examination of the role of marriage registrars in immigration co0ntrol enforcement is important for several reasons. First it is important in itself, not least as registrars have now imposed on them a statutory duty to report so called 'sham' marriages, says Cohen, (2003, p.128). Close relatives like cousins getting married to one another is viewed suspiciously, as forced or authoritatively arranged marriage could be detected. Details of even distant cousins, grandparents, siblings, uncles and aunts, relatives in various countries etc have been scrutinized. If partners could prove beyond doubt that the marriage has taken place according to their own desire, without any pressure from any one, usually the request for family reunification is granted. The primacy of the right to family life has not been apparent historically in UK immigration law governing marriage-related applications.Marriage and child-rearing practices, concepts of the family and family duties are all raised by family settlement applications, says Clayton, (2004, p.206).

UK does not recognize proxy marriages. Nor does it recognize telephone marriages. In some countries like Israel, after signing certain forms, telephone marriage between the sponsor in UK and the other partner in Israel take place and are accepted under certain conditions. But they are unacceptable and regarded as marriages of convenience in UK. Commonwealth citizens used to receive visa easily if the other partner is in UK. This provision too has stopped recently.

Today a lot of people are using this kind of marriage to prevent from being deported from Britain. These bogus marriages have become a problem not just for the Home Department authorities, but also for the Family Courts. A marriage abuse team is given the authority of finding out facts behind such marriages, especially to find out if any money transactions have taken place between the partner and his sponsor. They make late calls to suspected houses to find out if the couple is living together. They ask questions separately to find out any discrepancy thereof. Other than Immigration authorities, very few people knew about it earlier; but today, it has become a popular mode of finding an entry into UK. If marriages are proved false, partners of such marriages could be immediately deported. There are improbable reports that men disguise themselves as women and get married to gain the citizenship. Authorities also have come across many stories where money changes hand for marrying an individual who is in need of a citizenship. There are also possibilities of professional brides, who get married under different names for money. Tightening up the laws has drawn many criticisms too. The fact was that under this provision an increasing number of men were refused even when their marriage was known to the Home Office to be genuine. This was never intended by Parliament or even necessarily by the Home Secretary, says Juss, S (1993, p. 91).

After suspecting this nexus, Government has given more power to the marriage registrars. Home office considers this an awful problem that cannot be fully stopped. Sometimes, even though they are aware of the problems, they are unable to take any action depending only on suspicion. Government is trying hard to stop this deception. At the end of the immigration process, a traveler may eventually be granted leave to remain indefinitely and in due course apply to the Home Office for naturalization as a British Citizen. Alternatively, he or she may be removed as an irregular migrant or face deportation on the grounds of conducive to the public good, (Blake and Hussain, 2003, 1.12, p. 22).

Cases: On 10.10.2000, the case of Pin-Wah Jeff Chang vs Home Department of UK came up in front of Immigration Appeal Tribunal. The Appellant, a citizen of Malaysia, questioned the refusal of right to remain in the United Kingdom as the spouse of an EEA national and denying him the right to appeal. There was a question if it was a valid marriage or a marriage of convenience. There was also a doubt if the relationship was a lawful one or not. They had to consider if the Appellant had been denied any of the Community Rights. It was pointed out that it was a marriage of convenience to ignore the entry rules of UK, and the complaint was dismissed.

In case of R (Kimani) v Lambeth LBC (2004), Kimani, Kenyan national who arrived at UK for asylum with her son, married an Irish national, but permission was not given for her to stay in UK was rejected for contracting a marriage of convenience.

Under Primary Purpose-Rule (in effect from 1980 to 1997) British citizens, married to non-EU citizens had to prove that marriage was not for avoiding deportation. Onus is on the parties to clarify the genuineness of it and this deters many. Labor Government modified these laws.

The change in rules had an immediate effect. In 1996, there were 1,960 applications for entry from Pakistan to Britain from would be husbands. In 1998, after the law was changed there were 5,080,

70% of Bangladeshi and Pakistani marriages in UK are arranged. Entry Clearance rules are tightened up to the maximum now. The minimum age of the bride to be allowed to UK was raised from 16 to 18 years. At this age, they cannot act as sponsors either and after entry a period of 12 month is compulsory and now it has been extended up to two years. British National Criminal Intelligence Service, An-Nisa Society, Anti-Slavery International, Anti-Trafficing Programme, Apna Ghar, Asylum Aid, Belgrave Baheno, Enfield Saheli, Institute of Race Relations are some Government and Non Government organizations who are fighting these evils.

Immigration has been a hot topic during the election campaign and in the last few years a number of people have been convicted in connection with bogus wedding scams linked to illegal immigration. http://newswww.bbc.net.uk/2/hi/uk_news/4480729.stm

BIBLIOGRAPHY:
  • Blake and Hussain, (2003), Immigration, Asylum & Human Rights, Oxford University Press.
  • Cohen, Steve, (2003), No One is Illegal, Trentham Books, Stoke on Trent.
  • Clayton, Gina, (2004), Textbook on Immigration and Asylum Law, Oxford University Press.
  • Cotran et al, (2001), Butterworths Handbook on Immigration Law, Butterworths, London.
  • Evans, J.M. (1976) Immigration Law, Sweet & Maxwell, London.
  • Encouraging Citizenship, Report of the Commission on Citizenship, (2001), London, HMSO.
  • Guild, Elspeth, (2001), Immigration Law in the European Community, Kluwer Law International, London.
  • Juss, Satvinder, (1993), Immigration, Nationality and Citizenship, Mansell Publishing Ltd. London.
ONLINE SOURCES:
  • http://www.yourrights.org.uk/your-rights/chapters/rights-of-immigrants/persons-subject-to-domestic-immigration-controls/overstayers.shtml accessed on 9.5.2005.
  • http://news.bbc.co.uk/1/hi/uk/392619.stm accessed on 9.5.2005.
  • http://www.stlucia.gov.lc/pmpressec/TheWeekThatWas/corking_the_islands_immigration_loopholes.htm accessed on 10.5.2005.
  • http://www.britishhighcommission.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1078996368828 accessed on 10.5.2005.
  • http://newswww.bbc.net.uk/2/hi/uk_news/4480729.stm accessed on 10.5.2005.
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Illegal immigration in the usa essays

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Canada’s immigration policy is based upon principles of family reunion, humanitarian concern for refugees, and the promotion of Canada’s social, economic, demographic and cultural goals.

Every year, millions of people enter Canada at airports, sea docks, or inland ports and border crossings. Immigration accounts for a significant part of Canada’s size, state of growth, and demographic structure.

The three types of applications for landing in Canada that I will be talking about are classified as follows:

A) Applications to sponsor family class relatives

B) Business immigration program

C) Convention Refugees

A) Applications To Sponsor Family Class Relatives

People who wish to come to Canada under the family class must be sponsored by a close relative, who must be at least nineteen years old and must be living in Canada as a permanent resident or a citizen.

Relatives eligible for sponsorship in the family class include the sponsor’s:

- dependant son or dependant daughter who must be:

a) under age nineteen and unmarried,

b) full time student, if over nineteen years old, studying at a college, university or other educational institution and financially supported by the parents,

c) disabled, unable to support him/herself because of the disability.

- parents and grandparents,

- brothers, sisters, nephews, nieces, grandchildren, who are orphans, unmarried, and under nineteen,

- children under nineteen the sponsor plans to adopt,

- any other relative of the sponsor who does not have any of the above or any family in Canada

Applicants under the family class will not be assessed by the point system, but they will have to prove to the visa officers at the Canadian Embassies abroad, that they meet Canada’s health and character standards.

The sponsor must be financially capable of providing assistance to the applicant for a period of ten years.

B) Business Immigration Program

Canada welcomes qualified immigrants with the ability, experience and money to set up or invest in a business. Investors and entrepreneurs are people who have the ability and intent to operate commercial ventures, which will create or maintain jobs for Canadians. These businesses must also contribute to Canada’s economic development.

The business immigration program includes three types of immigrants.

c) Self employed

a) To immigrate as an entrepreneur, a person must be able to demonstrate to the immigration official in his or her country that he or she intends and has the ability to establish or make a substantial investment in a business in Canada that will make a significant contribution to the economy. The business must create or continue at least one job in Canada for a Canadian citizen or permanent resident other than the entrepreneur.

b) To immigrate as an Investor, a person must have a proven track record in business and must have accumulated a personal net worth of

$500,000 or more. Investments must be in an acceptable project that is of a significant economic benefit to the province in which it is located. The project may not include residential real estate and must contribute to the creation of employment opportunities for Canadian citizens or permanent residents.

c) To be eligible as a self employed person, an applicant should

demonstrate the ability to establish or purchase a business in Canada that will create employment opportunities for that person and will make a significant contribution to the economy or the cultural life in Canada.

These three categories (entrepreneurs, investors, and self employed persons) make up Canada’s business immigration program. Some provinces provide group or individual seminars to prospective immigrants in these categories. Some provinces focus most of there resources on providing assistance to business immigrants after they have been admitted to Canada.

C) Convention Refugees

Groups of at least five Canadian citizens or permanent residents nineteen years of age or older or local organizations which are legally incorporated may sponsor convention refugees. Undertaking a sponsorship agreement in this category means agreeing to provide settlement assistance for the refugees for a period of one year.

A convention refugee is any person who:

1. by reason of a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion,

(i) is outside the country of his nationality and is unable or, by reason of that fear, is unwilling to avail himself of the protection of that country, or

(ii) not having a country of nationality, is outside the country of his former habitual residence and is unable or, by reason of that fear, is unwilling to return to that country, and

2. has not ceased to be a convention refugee by such reasons

as voluntary repatriation.

Convention refugees legally in Canada have aright to remain unless they are a threat to national security or public order. Unless they are a danger to Canada’s security or have been convicted of a serious crime, they cannot be removed to a country where their lives or freedom would be threatened on account of race, religion, nationality, political opinion, or membership in a particular social group.

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