10 Harmful Misconceptions About Immigration

10 HARMFUL
MISCONCEPTIONS
ABOUT IMMIGRATION
August 2008
About the Equal Rights Center
The ERC is a not-for-profit civil rights organization dedicated
to identifying, challenging, and eliminating discrimination
in housing, employment, public accommodations and government services
through education, research, testing, counseling, enforcement, and advocacy.
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© Copyright 2008 All Rights Reserved
“All truths are easy to understand once they are discovered; the point is to discover them.”
Galileo Galilei
INTRODUCTION
Our agency believes this offering is especially
important to publish as America begins the final
months of the current election cycle. We offer this
report humbly and in the hope that journalists,
politicians and community leaders of every
credible persuasion will find within it sufficient
merit to refer frequently to its content. To the
extent that happens, our goal for this project shall
be well served.
Two years ago, Michael Maggio, Esq., of blessed
memory, a man revered for his expertise on
immigration law and the passion with which he
pursued life in general and justice in particular,
convinced the Equal Rights Center staff that
accurate information about immigration issues
was missing from public debate. We decided to
do what we could to correct that deficit. The goal
was to learn and promulgate clear, compelling
facts untainted by any agenda save serving the
truth as best we are able to discern it.
The Equal Rights Center is a not-for-profit civil
rights organization dedicated to identifying,
challenging and eliminating illegal discrimination
in housing, employment, public accommodations
and government services through education,
research, testing, counseling, enforcement and
advocacy. In “10 Harmful Misconceptions About Immigration”
we try to set the record straight about a number
of immigration issues badly mangled through
current discourse that often seems shaped to
appeal to one particular voting block or another.
We understand well that the details in our report
will not be of interest to any extremist faction.
It is our hope that all others who read it will see
the value of this work and use the information it
contains to drive falsehood from the public debate
on immigration, filling that vacated space with a
greater measure of the truth.
Rabbi Bruce E. Kahn,
ERC Executive Director
Glossary:
- Immigrant: any foreign-born individual, including naturalized
U.S. citizens, documented immigrants, and undocumented
immigrants.
- Latino Immigrants: immigrants originating from Latin America,
i.e. Mexico, Central and South America including many of the
Caribbean islands.
- Naturalized U.S. citizens: foreign-born individuals who have
acquired U.S. citizenship.
- Documented immigrants: foreign-born individuals legally
residing in the U.S.A either as permanent residents (green card
holders) or temporary residents (visa holders).
- Undocumented immigrants: foreign-born individuals who (1)
entered the country illegally, (2) overstayed their visas, or (3) work
without authorization.
3
10 HARMFUL MISCONCEPTIONS ABOUT IMMIGRATION
ECONOMY
• Misconception 1: Immigrants, documented and undocumented, are an economic burden.
• Misconception 2: Immigrants take jobs from native-born U.S. citizens and lower their wages.
• Misconception 3: Immigrants send most of their earnings to relatives abroad, rather than spending
their money in the United States.
CRIMINALITY
• Misconception 4: Immigrants are more likely to become criminals than are native-born U.S. citizens.
• Misconception 5: Undocumented immigrants prefer to remain here illegally.
HEALTH CARE and OTHER BENEFITS
• Misconception 6: Immigrants, documented and undocumented, come here to benefit from our public
welfare programs.
ASSIMILATION
• Misconception 7: Immigrants, especially Latino immigrants, resist assimilation.
RIGHTS
• Misconception 8: Undocumented immigrants are without rights in the U.S.
• Misconception 9: Employers may easily and accurately determine whether an immigrant is adequately
documented. Further, employers currently have no need of additional immigrant labor.
SOLUTIONS
• Misconception 10: American citizens favor deportation as a viable solution to the presence here of
undocumented immigrants.
4
ECONOMY
- Foreign-born scholars, scientists, and
engineers make this country more prosperous
and more secure. Between 1990 and 2004, over
one third of Nobel Prizes in the U.S. were awarded
to foreign-born scientists.6
Misconception 1: Immigrants, documented
and undocumented, are an economic burden.
TRUTHS:
- Overall, the fiscal impact of immigration on
public-sector budgets is small and likely to be
positive in the long run: it is strongly positive at
the federal level and varies from state to state at
the local level depending on welfare policies.7
- “Our review of economic research finds
immigrants not only help fuel the Nation’s
economic growth, but also have an overall
positive effect on the income of native-born
workers.” – Edward P. Lazear, Chairman of the
Council of Economic Advisers.1
Example: According to a 2006 report from the Comptroller of
Texas, Carole Keeton Strayhorn, “undocumented immigrants in
Texas generate more taxes and other revenue than the state
spends on them.”8
- Immigrants are essential to the U.S. economy:
they are a critical part of the workforce (1 in 7
workers) and contribute to productivity growth
and technological advancement.2 “Without the
immigrants, we would have a decline in labor force
of 3 to 4 percent, [we] couldn’t have grown nearly
as much as we did in the ‘90s [and] in the last few
years our growth would have been slower.”3
- “Immigrants slightly improve the solvency
of pay-as-you-go entitlement programs such
as Social Security and Medicare” because they
are younger and have more children.9 According
to the 2008 annual report on Social Security,10
“the taxes paid by “other than legal”
immigrants will close 15 percent of the
system’s projected long-term deficit.
That’s equivalent to raising the payroll
tax by 0.3 percentage points, starting
today.”11
Comments from Migration Policy Institute:
“Despite popular misgivings, immigration continues
to be a critical resource for the US economy in
the 21st century. At a time when Japan and most
European countries are less competitive and facing
increasingly severe social welfare burdens because
of declining working-age populations – a trend
that will become more acute in the next decade
– immigration is allowing the US population and
workforce to grow at a moderate and healthy rate,
and is providing the American economy with needed
skills, entrepreneurship, and innovation.”12
Source: “U.S. Immigration and Economic Growth: Putting Policy on Hold” by Pia M. Orrenius,
Federal Reserve Bank of Dallas, Southwest Economy, November/December 2003.
Additional Readings:
- Proportionately, immigrants are more likely
to be entrepreneurs than native-born U.S.
citizens. 4 “One of every four engineering and
technology companies started in the United States
between 1995 and 2005 had immigrant founders.”5
- Lazear, Edward P. Immigration’s Economic Impact, Executive Office of
the President, Council of Economic Advisers, 20 June 2007.13
- Congressional Budget Office. US Congress. The Impact of Unauthorized
Immigrants on the Budgets of State and Local Governments.
Washington: CBO, Dec. 2007.14
5
ECONOMY
- Rather than securing the jobs of native-born U.S.
workers, current immigration laws are likely to
result in less job creation and technological
innovation for the U.S. This is because the
current restrictions decrease the influx of skilled
immigrant workers who in fact contribute to the
creation of new jobs and technologies.21
Misconception 2: Immigrants take jobs from
native-born U.S. citizens and lower their
wages.
TRUTHS:
- “Immigrant entrepreneurs and professionals
contribute significantly to job creation and
innovation in the United States.”15 Immigrantfounded venture-backed public companies are
worth more than $500 billion and employ an
estimated 220,000 people in the U.S.16
Example: Consequences of Visa Restrictions
Because Microsoft could not obtain enough high-skilled
immigrants, instead of expanding their offices in Seattle, they
had to open a new facility in Canada where immigration laws are
more lenient.22
Comments from entrepreneurs:
- “Immigrants contribute to job growth by
taking jobs in labor-scarce regions or by filling
the types of jobs native workers often shun,
such as meatpacking or poultry processing.”17
- “Our inability to hire foreign nationals forces outsourcing
functions to other locations…..
- “Unable to secure an H-1B [high-skilled immigrant visa] for our
engineering (team) leader…contributed to us hiring 25 engineers
outside the U.S., where the team leader resides…..
- “We would prefer to hire in the U.S., but H-1B restrictions forced
us to go offshore to compete against global companies.”23
- In terms of wage rate, all U.S. native-born
workers with at least a High School degree are
estimated to have gained from immigration
(i.e. 90% of U.S. native-born workers).18
- Guest worker programs (H-2 programs) allow
many businesses to hire unskilled foreign workers
for temporary or seasonal work lasting less than
a year. These programs are essential for many
companies because they cannot find enough
native-born U.S. workers ready to work intensively
for a short period of time, and low wages.
- Illegal immigration has, at most, a modest
impact on wage rates: George Borjas, a conservative Republican economist and Harvard
University professor, estimated that the wages of
low-skilled U.S. workers are lowered by 3 to 8 percent
because of competition from immigrants.19
In 2007, President Bush called for expanding these
programs in order to limit illegal immigration.24
The existing programs admit about 135,000 guest
workers each year in farming or construction
trades.25
Comments from Shuya Ohno, Massachusetts Immigrant and
Refugee Advocacy Coalition (MIRA):
“I think a lot of people think they take away our jobs. The truth is
that at every sector in the economy, we need more immigrants
to fill jobs. We know about the agriculture sector, but it’s also
construction, and other low-wage jobs. The reason there are so
many low-wage jobs open right now is because over the last fifty
years, the education level of the American worker has changed;
[whereas] fifty years ago about 50% had graduated from high
school, now it’s over 80%. The economy reflects that with higherpaying jobs that require college degrees. That doesn’t mean that
janitorial and food preparation services have gone away—those
jobs still need to be filled. In fact, they need to be filled more so
now because there are more people in the country. Studies show
that areas with the highest number of immigrants have fairly low
or some of the lowest unemployment rates.”20
However, many civil rights organizations and labor
unions have criticized the H-2 programs as being
abusive and discriminatory. “Those programs
assure a steady flow of cheap labor from essentially
indentured workers too afraid of being deported
to protest substandard wages, chiseled benefits
and unsafe working conditions.”26
Moreover, because these workers are bound to
the employers who hired them, they are often
exploited and abused. Federal laws and U.S.
Department of Labor regulations provide some
6
ECONOMY
basic legal rights for these employees, but the
government agencies involved neglect to enforce
them, and therefore fail to protect these workers
from inhumane treatment.27
Misconception 3: Immigrants send most of
their earnings to relatives abroad rather than
spending their money in the United States.
Example: Guestworker Programs, SPLC’s “Close to Slavery”
“Women are particularly vulnerable to discrimination. Numerous
women have reported concerns about severe sexual harassment
on the job. There have been no studies that quantify this problem
among guestworkers. However, in a 1993 survey of farmworker
women in California, more than 90 percent reported that sexual
harassment was a major problem on the job…..
TRUTHS:
- On average, Latino immigrants send only
10% of their earnings to their countries of
origin ($1,000 to $2,500 a year).31 For example,
in 2005, Latino immigrants sent a little more than
$50 billion to their countries of origin.32 Although
$50 billion may appear to be a lot of money, it
means that they spent over $450 billion in the U.S.
Furthermore, $50 billion is only a little more than
half of what U.S. residents spent abroad as tourists
that year.33
“The farmworkers, in fact, referred to one company’s field as the
“fil de calzon,” or “field of panties,” because so many women had
been raped by supervisors there.”28
- The loss of many U.S. workers’ jobs within the past
twenty years is not caused by illegal immigration
but by other trends in the economy, such as the
increasing use of automation in manufacturing,
the growth of global trade, or the outsourcing
movement.29
- Immigrants everywhere in the world send
money to their families abroad, whether the
immigrants left poorer countries or wealthier
countries. The table below reveals the amount of
money sent by immigrants living all around the
world to families in their countries of origin.
Comments: U.S. Chamber of Commerce 2008 Agenda,
Immigration Issues
“In 2008, the Chamber will:
· Continue to push for comprehensive immigration reform that:
increases security; has an earned pathway to legalization for
undocumented workers already contributing to our economy [bold added], provided that they are law-abiding and
prepared to embrace the obligations and values of our society;
creates a carefully monitored guest or essential worker program
to fill the growing gaps in America’s workforce recognizing that,
in some cases, permanent immigrants will be needed to fill
these gaps; and refrains from unduly burdening employers
with worker verification systems that are underfunded or
unworkable [bold added].
34
· Urge Congress and the administration to address delays,
backlogs, and disruptions [bold added] in our immigration
and border management systems that impede the movement of
legitimate cargo and travelers across U.S. borders.
· Ensure the continuity and expansion of H-1B, L-1, and EB visas
[bold added] for professionals and highly valued workers.”30
7
CRIMINALITY
Misconception 4: Immigrants are more likely
to become criminals than native-born U.S.
citizens.
TRUTHS:
- Immigrants have lower incarceration rates
than native-born U.S. citizens.35 “Among men
age 18-39 (who comprise the vast majority of the
prison population), the 3.5 percent incarceration
rate of the native-born in 2000 was 5 times higher
than the 0.7 percent incarceration rate of the foreignborn.”36
41
- “The incarceration rate also is lower for the
immigrants from Mexico, El Salvador, and
Guatemala who account for the majority of
undocumented immigrants [bold added].….
In 2000, 0.7% of foreign-born Mexican men and
0.5% of foreign-born Salvadoran and Guatemalan
men were in prison.”37
- “It is routinely reported that a large fraction
of federal prisoners are noncitizens. While true,
this fact is misleading in two regards. First,
immigration offenses are violations of federal law.
Second, federal prisoners account for a relatively
small fraction of the incarcerated population [8%].
Bureau of Justice Statistics figures show that, as of
June 2005, 19% of all prisoners in federal custody
were noncitizens. But, of all state and federal
prisoners, just 6.4% were noncitizens.”42
- Most illegal immigrants come to the U.S. to
improve their life and try as much as possible
to stay out of trouble because they know they
risk deportation.38
Additional Readings:
- Butcher, Kristin, and Anne Morrison
Piehl. “Crime, Corrections, and
California.” California Counts 9.3
(Feb. 2008). 43
- Jacoby, Jeff. “Immigration and
Crime” Boston Globe 5 March
2008.44
39
8
40
CRIMINALITY
Bill in Congress:
Misconception 5: Undocumented immigrants
prefer to remain here illegally.
In May 2007, several senators, including
Hillary Clinton, introduced an amendment
to the Comprehensive Immigration Reform
Act to remove barriers to reunification
for immigrant families. The amendment
aimed to reclassify the spouses and minor
children of legal residents as “immediate relatives,” thereby
exempting them from the visa caps and the 5 to 6-year long
processing wait: “Due to backlogs, the current waiting time
for the spouse or minor children of a lawful permanent
resident to obtain a green card is as much as five to ten
years. During this waiting period, the spouse or child is not
allowed to enter the United States, even for a brief visit. At
the same time, the legal permanent resident is required to
reside predominantly in the United States - otherwise he or
she risks losing their permanent residency status.”51
TRUTHS:
- Some immigrants who face economic
hardship, life threatening situations, or
persecution believe they have no reasonable
alternative to becoming illegal either because
they do not meet the strict criteria required
to immigrate to the United States or because
they believe they cannot afford to wait 10, 15
or 20 years to obtain a visa. 45
Examples:
* In 2004, only one third of those who applied for asylum were
granted this status, 46 about half of them were facing deportation
at the time. 47
- Also, some immigrants enter this country
legally and, after applying for a visa extension,
reach illegal status due only to government
processing delays.52
* Foreign-born siblings of U.S citizens can expect to wait 11 to 12
years before receiving permission to immigrate to the U.S. 48
* Foreign-born unmarried adult children of U.S. citizens can
anticipate waiting 6 to 7 years, but 16 years if they are from
Mexico.49
Comments from U.S. Congresswoman Linda T. Sánchez:
* A spouse or minor child of a Mexican citizen legally residing in
the U.S. has a 6-year wait to obtain legal residency. It is a 5-year
wait if the family is from any other country.50
“It is a mistake to view all overstays as a law enforcement
problem. Some overstays did not intend to violate the terms of
their admission and will leave the United States voluntarily. For
instance, a non-immigrant visitor can request an extension of
his or her stay by filing a timely extension application. But the
former INS and now the Department of Homeland Security has
difficulty processing applications quickly. Consequently, many
extension applications are not granted until after the admission
period has expired. Technically, a person has violated the terms
of his admission by overstaying for a single day, and according
to immigration law precedent, is removable as an overstay even
when a timely extension application was filed. Nevertheless,
people in this category are not law enforcement problems.”53
- Some immigrants are brought into this
country illegally as children, and, at times grow
up here without knowing of their immigration
status. They have no path to become legal
residents in this country without facing a 10year ban.54 They face deportation to their country
of birth despite extenuating circumstances.55
9
CRIMINALITY
Example: an Undocumented Immigrant’s Story
Additional Readings:
“My husband came here when he was a juvenile and not by
choice. His mom sent all her kids to the U.S. to live with various
relatives after the death of her husband. My husband has been
here more than ten years and since then has taught himself
English (he is fluent), worked hard, paid taxes (with a TIN), has no
criminal record, been financially and emotionally responsible for
my stepdaughter, and been a responsible, loving father to our son
and a wonderful spouse. We met when we were 20, fell in love
and were married. After the birth of our child we decided to look
into getting his green card only to find that it would be nearly
impossible. I, like most citizens, believed that our marriage was
enough for him to be here legally. After five years and thousands
of dollars spent we are facing the harsh reality that we may not
be able to stay here. […] The problem with the current system is
that every case is treated the same. My husband’s case is going to
differ from the guy who crossed the border to sell drugs, but they
are treated the same. The fact that it wasn’t his decision to come
here in the first place and that he was a child doesn’t matter, the
fact that he has two small children and a wife that are US citizens
doesn’t matter, he is just another number, another ‘illegal’.”56
- “Why Don’t They Just Get In Line?” Immigration Policy Center. March 2008.60
- “Why Don’t They Come Legally?” Immigration Policy Center. Feb. 2008.61
- Anderson, Stuart, and David Miller. “Legal Immigrants: Waiting Forever.” National
Foundation for American Policy. May 2006.62
- Bruno, Andorra. “Unauthorized Alien Students: Issues and ‘DREAM Act’ Legislation.”
CRS Report for Congress. 30 Jan. 2007.63
- Preston, Julia. “Readers Share Immigration Stories.” Blog posting. Nytimes.com.
11 April 2008.64
Bill in Congress: Dream Act
Some members of Congress are conscious
of this reality and have tried to pass a law
to change it. The DREAM Act would provide
young undocumented individuals who are
long-term U.S. residents and who entered
the United States as children a path to
legal status by attending college or serving in the Armed
Forces.57
- Finally, when asked if they would legalize
their status if the U.S. government would offer
them the opportunity, 98% of undocumented
immigrants surveyed answered positively.58
Example: Immigration Struggle
“I did everything that was expected of me legally, and at times it
was very hard and almost out of my reach financially,” Ms. Phillips
said. “You get in line with everyone else, but you have no idea
how long that line is and how many fees there are.
“It is worth it to do it the right way; it really is,” she said. “I just think
more people would not resort to sneaking if it were easier
and more affordable to do it the legal way [bold added].”59
10
HEALTH CARE and OTHER BENEFITS
- All immigrants, documented and undocumented, are eligible to receive emergency
Medicaid, certain types of emergency disaster
relief, public health immunizations, in-kind
(non-cash) services necessary to protect life and
safety, and K-12 public education.68
Misconception 6: Immigrants, documented
and undocumented, come here to benefit from
our public welfare programs.
TRUTHS:
- Under federal law, undocumented immigrants
are barred from receiving any grant, loan, or
professional license. They also may not receive any
of the following benefits: welfare, non-emergency
health coverage, disability coverage, public or
assisted housing, food assistance, unemployment
compensation or participate in a retirement plan. 69
- Since the 1996 Welfare Reform Act,65 most
documented immigrants are excluded either
for five years or permanently from eligibility for
most benefits. The law barred most immigrants
who entered the U.S. on or after the date the law
was enacted, Aug. 22, 1996, from “federal meanstested public benefits” during the five years after
they secure “qualified” immigrant status. Federal
agencies clarified that “federal means-tested
public benefits” are nonemergency Medicaid,
State Children’s Health Insurance Program (SCHIP),
Temporary Assistance for Needy Families (TANF),
food stamps, and Supplemental Security Income
(SSI).66 (See “Additional Readings” below).
- An exception exists in the law permitting state
and local jurisdictions to pass laws granting
undocumented immigrants benefits that these
jurisdictions fund.70
- Most immigrants may not enter the U.S.
legally without providing proof of sufficient
funds for self-support.71
Comments from George Borjas, “The Impact of Welfare
Reform on Immigrant Welfare Use”, Center for Immigration
Studies:
Example: Documents Needed to Apply for a Non-Immigrant Visa
(temporary visas such as student, visitor, or business visas).
“Documents that show that you are traveling to the United
States for a temporary stay, that you have a permanent residence
outside the United States and other binding ties that assure your
departure from the United States after your temporary stay, and
that you have sufficient funds to cover all expenses in the United
States or convincing documents to show how those expenses will
be met by another.”72
“Despite the growth of the welfare state and the increasing use of
welfare by immigrants, the public charge provisions of immigration
law rarely were used in the past few decades. Congress instead
chose PRWORA [Welfare Reform Act] as the vehicle through which
to reduce immigrant use of public assistance programs. In general
terms, the legislation, as signed by President Clinton, contained
two key provisions:
1. Most non-citizens who arrived in the country before August 22,
1996 were to be kicked off of the SSI and food stamp rolls within
a year. (This provision of the legislation, however, was never fully
enforced).
- Naturalized citizens or permanent residents
who sponsor incoming relatives, must file an
Affidavit of Support to guarantee to the U.S.
government that sponsored immigrants will not
later become public charges.73
2. Immigrants who entered the United States after August 22, 1996
are prohibited from receiving most types of public assistance. The
ban is lifted when the immigrant becomes an American citizen.
By setting up a five-year waiting period before newly arrived
immigrants qualify for many types of assistance, the welfare reform
legislation presumably further discourages the immigration
of potential public charges. And by tightening the eligibility
requirements for immigrants already living in the United States,
the legislation presumably increases the incentives for potential
public charges to return to their home countries.”67
Additional Readings:
- Overview of Immigrant Eligibility for Federal Programs. Table. Guide to Immigrant
Eligibility for Federal Programs. By National Immigration Law Center. March 2005.74
- “Sponsored Immigrants and Benefits.” National Immigration Law Center. July
2006.75
11
ASSIMILATION
to America and to prove they can be ‘real’
Americans.” – Dr. Jorge Mariscal, director of
Chicano Studies at the University of California at
San Diego.85
Misconception 7: Immigrants, especially
Latino immigrants, resist assimilation.
- Immigrants over time integrate into the
society and make important contributions to
the U.S. in science, education, business, sports,
art, or politics.
TRUTHS:
- Immigrants assimilate into U.S. culture: they
“evince a strong work ethic and [their] children
tend to assimilate in terms of language acquisition
and educational attainment.”76 Their unemployment rate is lower than that of native-born U.S.
workers, 4.3% versus 4.7% in 2007.77
Examples: Below is a sampling of well-known, foreign-born
individuals who became naturalized U.S. citizens.
Albert Einstein (Physicist), Alfredo Quiñones-Hinojosa
(Neurosurgeon – Johns Hopkins University Hospital), Liz
Claiborne (Fashion designer), Sergey Brin (Entrepreneur –
Google), Jerry Yang (Entrepreneur – Yahoo), Albert Pujols
(Baseball player), Manny Ramírez (Baseball player), Patrick
Ewing (Basketball player), Garo Yepremian (Football player),
Jhumpa Lahiri (Author – Pulitzer winner), Junot Díaz (Author
– Pulitzer winner), Andy Garcia (Actor), Greta Garbo (Actress),
Carlos Santana (Musician), Eddie Van Halen (Musician), Henry
Kissinger (Former U.S. Secretary of State), Madeleine Albright
(Former U.S. Secretary of State), and Arnold Schwarzenegger
(Governor of California).
- Immigrants arriving during the last 25 years
have assimilated faster than immigrants
arriving a century ago, even though they are
more distinct from the native population upon
arrival.78
- The children of Latino immigrants today
learn English faster and better than children of
immigrants from preceding generations. Only
7% of second generation Latinos use Spanish as
their main language.79
- More than 68,000 foreign-born individuals
are currently serving in the military,80 and a
little more than half of them (37,000) are not
yet citizens. 81
- Immigrants have been among the casualties
and prisoners in the war in Iraq. 82
Example: U.S. Marine Lance Corporal Jose Gutierrez:
According to a 60 Minutes report, U.S. Marine Lance Corporal Jose
Gutierrez, one of the first casualties of the war in Iraq, first entered
the U.S. as an undocumented immigrant from Guatemala in 1997
to escape poverty. 83
- Over 20% of the recipients of the U.S. highest
military award, the Congressional Medal of
Honor, have been immigrants. 84
- “Latinos are very patriotic and see military
service as a way to show their appreciation
12
RIGHTS
Misconception 8: Undocumented immigrants
are without rights in the U.S.
TRUTHS:
- Undocumented immigrants DO have legal
rights under the U.S. Constitution and federal
statute. 86
• 14th Amendment: this amendment requires
states to provide equal protection under the
law to all persons (not only to citizens) within
their jurisdictions. Moreover, no person can be
denied the right to due process including:87
- Right to remain silent when questioned by the police,88
Additional Readings:
- “What to Do if You Are Arrested or Detained by Immigration.” National Immigration
Law Center. Aug. 2007.96
- Right to see a lawyer (at their own expense).89
• 4th Amendment: undocumented persons have a
constitutional right to deny any law enforcement
officer who does not have a search warrant the
right to enter their residence without consent by
the occupant or owner.90 In an emergency requiring
immediate action, however, the police may enter
without a warrant.91
- “Know Your Rights at Home and at Work.” National Immigration Law Center. May
2008.97
Misconception 9: Employers may easily and
accurately determine whether an immigrant is
adequately documented. Further, employers
currently have no need of additional immigrant
labor.
• The Supreme Court has held that all children,
regardless of their immigration status, are entitled
to free public education.92
TRUTHS:
• Under federal law, publicly funded hospitals
must provide emergency medical services to all
patients, regardless of their immigration status.93
- “The current system has made it impossible
for employers to really know who is actually
authorized to work and who is not.” – Randel
K. Johnson, Vice President at the U.S. Chamber of
Commerce.98
• Under state and federal laws, immigrants are
protected from workplace discrimination,
regardless of their citizenship or work eligibility.94
When it comes to sexual harassment, refusing
to pay workers, and many other harmful types
of discriminatory behavior, “Employers may no
more discriminate against unauthorized workers
than they may discriminate against any other
employees.”95
- It is possible for an employer to  hire
undocumented immigrants unintentionally.
This may happen when an undocumented
immigrant presents falsified documentation
or when an employer fails to verify the new
employee’s work eligibility.99
13
RIGHTS
- Since 1986,100 all employers have to verify
the identity and work eligibility of all new
employees at the time they are hired by filling out
a verification form (Form I-9).101 Many employers
are unaware of this requirement or do it poorly or
incorrectly.102
employers to far more than administrative fines
and penalties. DHS’ aggressive actions are making
high monetary and criminal penalties routine.”108
Bill in Congress: E-Verify
- Completing this form requires skills and
knowledge: there is a list of acceptable documents and many exceptions; it is difficult to know if
a document is genuine, acceptable or still valid.103
Some members of Congress are trying
to pass new bills, “SAVE Act” and “New
Employee Verification Act of 2008,” to
make it mandatory for every employer in
this country to use the federal electronic
e m p l oy m e n t   ve r i f i c a t i o n   s y s te m ,
E-Verify.109 This system was officially evaluated in 2007
and considered flawed. The problems identified include
data entry errors, delays in entering information into SSA
and DHS databases (sometimes more than one year for SSA
to update a legal name change), inability to detect identity
fraud, and a high rate of employer noncompliance leading
to unjustified adverse action against workers.110
- Moreover, employers face penalties for discriminating against well-documented immigrants
even if the employer’s intention was to avoid hiring
illegal immigrants.104
Example: Complexity of Immigration Laws:
“Often, employers are unaware of the fact that DHS [Department
of Homeland Security] has issued a notice that (1) allows
employees with TPS [Temporary Protected Status105] to extend
their lawful status and (2) automatically extends the validity of
their EADs [Employment Authorization Documents]. This, in turn,
causes confusion among employers and workers and often results
in TPS beneficiaries being either suspended or terminated from
employment, despite the fact that they remain employmenteligible.”106
Therefore, the U.S. Chamber of Commerce calls for
improving the system drastically before expanding the
program further. The Chamber is also particularly concerned
about the cost and the cumbersome nature of the system,
especially for small employers.111
Overall, studies show that to be effective, this requirement
needs to be part of a comprehensive immigration reform
package offering legal paths for needed workers. Also,
the Congressional Budget Office estimates that this
new requirement would cost billions to the taxpayers to
implement and would decrease federal revenues by $17.3
billion.112
- Also, the U.S. immigration system does not
meet the needs of American businesses who
have to face lengthy delays before hiring foreign
workers. In many instances, employers end up
being held legally responsible for deficiencies in
our immigration system.
• “As of January 2007, an employer applying
for a typical worker who does not hold an advanced
degree or have demonstrated ability in one of
the designated ‘shortage occupations’ […] would
need to wait a minimum of 4.5 to 5 years after
all paperwork is approved by three government
agencies successively […] before visa processing
could begin. The causes for this lengthy delay are
quotas and backlogs [bold added].”107
Additional Readings:
- “Immigration, Off the Books.” Editorial. New York Times 17 April 2008.113
- “ERROR! Electronic Employment Verification Systems.” Immigration Policy Center.
April 2008.114
- “How Errors in Basic Pilot/E-Verify Databases Impact U.S. Citizens and Lawfully
Present Immigrants.” National Immigration Law Center. April 2008.115
- Meissner, Doris, et al. Immigration and America’s Future: A New Chapter.
Washington, DC: Migration Policy Institute, 2006: 48-51.
• “Employers are being held to a
much higher standard than ever before, with
deficiencies in DHS [Department of Homeland
Security] paperwork requirements exposing those
14
SOLUTIONS
Misconception 10: American citizens favor
deportation as a viable solution to the presence here of undocumented immigrants.
Hard-liners insist that there are no “jobs Americans won’t do”
if the pay is right. Well, how much would an employer have to
pay you to pick lettuce or clean hotel rooms for a living? A lot of
jobs that pay, say, $8 an hour and are acceptable to a Mexican
or Guatemalan alien with little education, few skills, and a fear of
being deported would evaporate at the $16 an hour Americans
would demand. With more expensive labor would come more
reliance on machines instead of people, more outsourcing to
cheaper labor markets, more closing of no-longer-profitable
ventures. If illegal immigrants disappeared, countless jobs would
disappear with them.
TRUTHS:
- The deportation of 12 million people would
cost the U.S. billions of dollars. The Immigration
and Customs Enforcement Agency (ICE) gave a
low estimate of $94 billion in 2007,116 but the
Center for American Progress estimates the total
cost to be $206 billion to $230 billion over five
years.117
Pull 12 million low-skilled workers out of the economy, and the
cost of everything from yardwork to restaurant meals would soar.
Higher costs would mean lower profits and disposable income,
less investment, weaker growth.
“Some 1.2 million illegals are believed to work in construction,”
Holman Jenkins wrote in the Wall Street Journal last June. “If
the cost of home building goes up, demand goes down: Less
wood is sold, fewer nails, fewer power tools, fewer pickup trucks.
Contractors would make less profit; ergo, Harley-Davidson would
sell fewer Road Kings with all the chrome and finery.”
- Moreover, the loss of those workers would
have a negative impact on the economy and
contribute to a steep rise in inflation: prices
would go up, the real estate market would
decline further, companies would outsource their
production, the unemployment rate would go
up, and there would be a shortage of individuals
to perform domestic work, construction, food
services, and low wage health care.118
The United States creates more than 400,000 new low-skill jobs
each year, a tremendous employment magnet for hundreds of
thousands of foreign workers. But […] there is no lawful way for
most of the workers we need to enter the country. So they enter
unlawfully -- a wrongful act, perhaps, but hardly an evil one.
Immigration is good for America. So is respect for the law. Nothing
forces us to choose between them. As long as there is work for
them to do here, immigrants will keep crossing the border. We’d
all be better off if we let them cross it legally.”119
Comments from journalist Jeff Jacoby, “What if we deport
them all?” Boston Globe 18 March 2007.
- According to recent Gallup surveys (see
below), the majority of Americans believe the
government should permit undocumented
immigrants to remain in this country and
eventually become U.S. citizens if they meet
certain requirements. Less than one American
in four favors deportation.
“[…] suppose that […] 12 million illegal immigrants were forced
out. What then?
As millions of farm hands, busboys, chambermaids, and garment
workers vanished, who would take their places? Unemployed US
citizens? With unemployment down to 4.5 percent, there aren’t
12 million of them to spare. Even if there were, not many nativeborn Americans are prepared to accept the low wages and hard
conditions that characterize so much illegal-immigrant labor.
120
15
SOLUTIONS
- Finally, state and local ordinances aiming to
restrain illegal immigration passed in recent
years have in fact greatly harmed these
states and local communities (See “Additional
Readings” below).121
Additional Readings:
- Belson, Ken, and Jill P. Capuzzo. “Towns Rethink Laws Against Illegal Immigrants.”
New York Times 26 Sept. 2007.122
- Aizenman, N.C. “In N.Va., a Latino Community Unravels.” Washington Post 27
March 2008.123
- Mack, Kristen. “Pr. William Softens Policy on Immigration Status Checks.”
Washington Post 30 April 2008.124
- Archibold, Randal C. “Arizona Seeing Signs of Flight by Immigrants.” New York
Times 12 Feb. 2008.125
- Jeff Brady, host. “Colorado Finds Anti-Immigration Law Costly.” National Public
Radio. 13 Feb. 2007.126
16
CONCLUSION
“Fear always springs from ignorance.”
Ralph Waldo Emerson
By publishing “10 Harmful Misconceptions
About Immigration“ the Equal Rights Center
hopes to assist in steering the national debate on
immigration away from inaccurate assumptions.
When it comes to the security, prosperity, and
character of the United States, immigration laws,
policies, and practices are too important to be
determined by anything other than the clearest,
most accurate understanding of the facts. To that
end, the Equal Rights Center provides this report
for your use.
17
ENDNOTES
1
Lazear, Edward P. Immigration’s Economic Impact. Executive Office of the President. Council of Economic Advisers. 20 Jun. 2007.
<http://www.whitehouse.gov/cea/cea_immigration_062007.pdf>.
2
Meissner, Doris, et al. Immigration and America’s Future: A New Chapter. Washington, DC: Migration Policy Institute, 2006: 3-9.
3 Andrew Sum quoted in Isidore, Chris. “Illegal Workers: good for U.S. economy.” CNN Money.com 1 May 2006.
<http://money.cnn.com/2006/05/01/news/economy/immigration_economy/index.htm>.
4
Fairlie, Robert W. Kauffman Index of Entrepreneurial Activity 1996-2007. Kansas City, MO: Kauffman Foundation, Apr. 2008.
<http://www.kauffman.org/pdf/KIEA_041408.pdf>.
5
Sanchez, Marcela. “Immigration Agreement a Move Forward, But How Far?” Washington Post on the Web 25 May 2007.
<http://www.washingtonpost.com/wp-dyn/content/article/2007/05/24/AR2007052401809.html?hpid=news-col-blogs>.
6
Wulf, William A. “The Importance of Foreign-born Scientists and Engineers to the Security of The United States.” Congressional Hearing. 15 Sept. 2005.
<http://www7.nationalacademies.org/ocga/testimony/Importance_of_Foreign_Scientists_and_Engineers_to_US.asp>.
7
Lowenstein, Roger. “The Immigration Equation.” New York Times Magazine 9 Jul. 2006.
<http://www.nytimes.com/2006/07/09/magazine/09IMM.html?_r=1&oref=slogin>. See also Smith, James P., and Barry Edmonston, eds. The New Americans:
Economic, Demographic, and Fiscal Effects of Immigration. Washington, DC: National Research Council, National Academy Press, 1997: 297- 362.
8
Strayhorn, Carole Keeton. Undocumented Immigrants in Texas: A Financial Analysis of the Impact to the State Budget and Economy.
Special Report. Austin, TX: Office of the Comptroller of Texas, Dec. 2006.
<http://www.cpa.state.tx.us/specialrpt/undocumented/undocumented.pdf>.
9
Lazear, Edward P., op. cit.
10
Social Security Online. The 2008 Annual Report of the Board of Trustees of the Federal Old-Age and Survivors Insurance and
Federal Disability Insurance Trust Funds. 25 Mar. 2008. <http://www.ssa.gov/OACT/TR/TR08/trTOC.html>.
11
“How Immigrants Saved Social Security.” Editorial. New York Times 2 Apr. 2008.
<http://www.nytimes.com/2008/04/02/opinion/02wed3.html?_r=2&oref=slogin&oref=slogin>.
12
Meissner, Doris, et al., op. cit.: 3.
13
http://www.whitehouse.gov/cea/cea_immigration_062007.pdf
14
http://www.cbo.gov/ftpdocs/87xx/doc8711/12-6-Immigration.pdf
15
Anderson, Stuart, and Michaela Platzer. American Made: The Impact of Immigrant Entrepreneurs and Professionals on U.S.
Competitiveness. Arlington, VA: National Venture Capital Association, 2006: 5. <http://www.nvca.org/pdf/AmericanMade_study.pdf>.
16
Ibid.: 6-7.
17
Orrenius, Pia M., op. cit.
18
Ottaviano, Gianmarco, and Giovanni Peri. “Rethinking the Effects of Immigration on Wages.” NBER Working Paper no. 12497.
Cambridge: NBER, Jul. 2006: 27. <http://www.yale.edu/leitner/post-industrial-societies/Peri3.pdf>.
19
Davidson, Adam. “Q&A: Illegal Immigrants and the U.S. Economy.” NPR.org. 30 Mar. 2006.
<http://www.npr.org/templates/story/story.php?storyId=5312900>.
20
Ohno, Shuya. “Q&A: Common Misconceptions about immigrants.” Re-Think Immigration Blog. 2 Jul. 2007.
<http://rethinkimmigration.blogspot.com/2007/07/q-common-misconceptions-about.html>.
21
Anderson, Stuart, and Michaela Platzer, op. cit.: 5.
22
“Microsoft Moves North.” Editorial. Los Angeles Times 10 Jul. 2007.
23
Ibid.: 24.
24
Bush, Georges W. State of the Union Address. US Capitol. US Congress, Washington, DC. 23 Jan. 2007.
<http://www.whitehouse.gov/news/releases/2007/01/20070123-2.html>.
18
25
Bureau of Consular Affairs. US Department of State. Nonimmigrants Visas Issued by classification (Including Crewlist Visas and
Border Crossing Cards) Fiscal Years 2003-2007. Table XVI(B). Report of the Visa Office 2007.
<http://www.travel.state.gov/pdf/FY07AnnualReportTableXVIB.pdf>.
26
Parks, James. “Expanding Guest Worker Program – a No Winner for Immigrants or the Nation.” Online posting. 10 Apr. 2007.
AFL-CIO NOW BLOG. <http://blog.aflcio.org/2007/04/10/expanding-guest-worker-programa-no-winner-for-immigrants-or-thenation>.
27
Bauer, Mary. Close to Slavery: Guestworker Programs in the United States. Montgomery, AL: Southern Poverty Law Center, 2007.
28
Ibid.: 35.
29
Lowenstein, Roger. “The Immigration Equation.” New York Times Magazine 9 Jul. 2006.
30
U.S. Chamber of Commerce. Immigration Issues. <http://www.uschamber.com/issues/index/immigration/default>.
31
Inter-American Development Bank. Sending Money Home: Remittances to Latin America from the U.S. 2004: 1.
<http://idbdocs.iadb.org/wsdocs/getdocument.aspx?docnum=547214>.
32
Orozco, Manuel. International Flows of Remittances: Cost, competition and financial access in Latin America and the Caribbean—
toward an industry scorecard. Washington, DC: Inter-American Dialogue, 12 May 2006: 1.
<http://idbdocs.iadb.org/wsdocs/getdocument.aspx?docnum=736019>.
33
In 2005, U.S. residents spent over $95 billion abroad. (Source: United States. Dept. of Commerce. International Trade
Administration. Manufacturing and Services. Office of Travel and Tourism Industries. 2007 U.S. Resident Spending Abroad. 2007: 2.
<http://tinet.ita.doc.gov/outreachpages/download_data_table/2007_US_Resident_Spending_Abroad.pdf>).
34
Remittances are transfers of money by immigrant workers to their countries of origin.
35
Rumbaut, Rubén G., and Walter A. Ewing. The Myth of Immigrant Criminality and the Paradox of Assimilation. Washington, DC:
Immigration Policy Center, Spring 2007: 1. <http://www.ailf.org/ipc/special_report/sr_022107.pdf>.
36
Idem.
37
Ibid.: 7.
38
“Immigrants and Crime: Are They Connected?” Immigration Policy Center. Oct. 2007.
<http://www.immigrationpolicy.org/images/File/factcheck/Crime Fact Check 12-12-07.pdf>.
39
Piehl, Anne Morrison. Cong. House. Committee on the Judiciary. The Connection between Immigration and Crime. Hearing on
Comprehensive Immigration Reform: Impact of Immigration on States and Localities. 17 May 2007: 1.
<http://www.aila.org/content/fileviewer.aspx?docid=22935&linkid=163705>.
40
Ibid.: 4.
41
Table 299. Crimes and Crime Rates by Type of Offense: 1980 to 2005. Table. Statistical Abstract of the United States: 2008.
Section 5 Law Enforcement, Courts, and Prisons. Washington, DC: U.S. Census Bureau, 2007.
<http://www.census.gov/prod/2007pubs/08abstract/law.pdf>
42
Figure 1. Number of Immigrants Living in the U.S., 1995-2007. Chart. “Immigrants in the United States, 2007.” By Steven A.
Camarota. Backgrounder. Center for Immigration Studies, Nov. 2007. <http://www.cis.org/articles/2007/back1007.pdf>.
43
http://www.ppic.org/content/pubs/cacounts/CC_208KBCC.pdf
44
http://www.boston.com/bostonglobe/editorial_opinion/oped/articles/2008/03/05/immigration_and_crime
45
Preston, Julia. “Readers Share Immigration Stories.” Blog posting. Nytimes.com. 11 Apr. 2008.
<http://news.blogs.nytimes.com/2008/04/11/share-your-immigration-story/>. See also Bureau of Consular Affairs. US Department of
State. Visa Bulletin May 2008. <http://travel.state.gov/visa/frvi/bulletin/bulletin_4205.html>.
46
Asylum may be granted to people who are already in the United States, either legally or illegally, and are unable or unwilling to
return to their home country because of persecution or a well-founded fear of persecution on account of race, religion, nationality,
membership in a particular social group, or political opinion. Asylees are allowed to live and work in the United States. (Source:
United States Citizenship and Immigration Services - USCIS).
47
Wasem, Ruth Ellen. U.S. Immigration Policy on Asylum Seekers. Washington, DC: CRS Report for Congress, 5 May 2005.
<http://www.ilw.com/immigdaily/news/2007,0213-crs.pdf>.
48
Bureau of Consular Affairs. US Department of State. Visa Bulletin May 2008. <http://travel.state.gov/visa/frvi/bulletin/bulletin_4205.html>.
19
49
Idem.
50
Idem.
51
“Clinton, Hagel, Menendez Introduce Measure to Remove Barriers to Reunification for Immigrant Families.” Senator Hillary
Rodham Clinton. 23 May 2007. Senate. <http://www.senate.gov/~clinton/news/statements/record.cfm?id=274944>.
52
Sánchez, Linda T. Cong. House. Committee on the Judiciary. Subcommittee on Immigration, Border Security, and Claims. Visa Overstays:
a Growing Problem for Law Enforcement. Hearing. 16 Oct. 2003.
<http://commdocs.house.gov/committees/judiciary/hju89878.000/hju89878_0.htm>.
53
Idem.
54
Immigration and Nationality Act: INA § 212; 8 U.S.C. § 1182(a)(4).
55
Preston, Julia. “Readers Share Immigration Stories.” Blog posting. Nytimes.com. 11 Apr. 2008.
<http://news.blogs.nytimes.com/2008/04/11/share-your-immigration-story/>.
56
Idem.
57
“DREAM Act: Basic Information.” National Immigration Law Center. Oct. 2007. <http://www.nilc.org/immlawpolicy/DREAM/dream_basic_info_0406.pdf>.
58
Bendixen & Associates. Survey of Undocumented Immigrants in the United States. Ed. National Immigration Forum and Manhattan Institute
for Policy Research. 29 Mar. 2006: 24. <http://www.immigrationforum.org/documents/PressRoom/Forum-MI_Bendixen_Poll.pdf>.
59
Preston, Julia, op. cit.
60
http://www.immigrationpolicy.org/images/File/factcheck/WhyDontTheyGetInLine03-08.pdf
61
http://www.immigrationpolicy.org/images/File/factcheck/WhyDontTheyComeLegally01-08.pdf
62
http://www.nfap.com/researchactivities/studies/NFAPStudyLegalImmigrantsWaitingForever052206.pdf
63
http://assets.opencrs.com/rpts/RL33863_20070130.pdf
64
http://news.blogs.nytimes.com/2008/04/11/share-your-immigration-story/
65
Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (“Welfare Reform Act»), 8 U.S.C. § 1601 et seq.
66
Broder, Tanya. “Overview of Immigrant Eligibility for Federal Programs.” Low-Income Immigrant Rights Conference 2007.
National Immigration Law Center. Oct. 2007. <http://www.nilc.org/immspbs/special/pb_issues_overview_2007-10.pdf>.
67
Moore, Jill D. “Who Remains Eligible for What?” UNC School of Government. Popular Government 65.1 (Fall 1999): 22–29.
68
Welfare Reform Act §401; 8 U.S.C. § 1611(c)(1).
69
Welfare Reform Act §411; 8 U.S.C. § 1621(d).
70
Borjas, George. The Impact of Welfare Reform on Immigrant Welfare Use. Washington, DC: Center for Immigration Studies, March 2002: 7.
<http://www.cis.org/articles/2002/borjas.pdf>.
71
Immigration and Nationality Act: INA §212; 8 U.S.C. § 1182(a)(4).
72
United States. Dept. of State. Dublin, Ireland Embassy. Visas to the U.S. Non-Immigrant Visas. <http://dublin.usembassy.gov/how_to_apply.html>.
73
United States. Dept. of Homeland Security. USCIS. How Do I File an Affidavit of Support for a Relative?
<http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=6a096c854523d010VgnVCM10
000048f3d6a1RCRD&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1RCRD>.
74
http://www.nilc.org/pubs/guideupdates/tbl1_ovrvw_fed_pgms_032505.pdf
75
http://www.nilc.org/ce/nilc/sponsoredimms&bens_na_2006-07.pdf
76
Lazear, Edward P. Immigration’s Economic Impact. Executive Office of the President. Council of Economic Advisers. 20 Jun.2007.
<http://www.whitehouse.gov/cea/cea_immigration_062007.pdf>.
77
United States. Department of Labor. Bureau of Labor Statistics. “Foreign-born Workers: Labor Force Characteristics in 2007.”News Mar. 2008: 1.
<http://www.bls.gov/news.release/pdf/forbrn.pdf>.
20
78
Vigdor, Jacob L. “Measuring Immigrant Assimilation in the United States.” Civic Report 53. New York: Manhattan Institute
(2008). <http://www.manhattan-institute.org/html/cr_53.htm>.
79
2002 National Survey Of Latinos. Pew Hispanic Center & Kaiser Family Foundation, Dec. 2002.
<http://pewhispanic.org/files/reports/15.pdf>.
80
Barker, Laura, and Jeanne Batalova. “The Foreign Born in the Armed Services.” Migration Information Source. Jan. 2007.
Migration Policy Institute. <http://www.migrationinformation.org/USfocus/display.cfm?ID=572>.
81
Kruzel, John J. “Naturalization Ceremony Honors New Uniformed Citizens.” News Article. U.S. Department of Defense.
Washington, DC: American Forces Press Service, 14 Apr. 2008. <http://www.defenselink.mil/news/newsarticle.aspx?id=49571>.
82
Hennessy-Fiske, Molly. “The Conflict in Iraq: New Americans.” Los Angeles Times 5 Jul. 2007, natl. ed.: A5.
<http://articles.latimes.com/2007/jul/05/world/fg-citizens5>.
83
Simon, Bob. “The Death of Lance Cpl. Gutierrez.” 60 Minutes. CBS News. 20 Aug. 2003
<http://www.cbsnews.com/stories/2003/04/23/60II/main550779.shtml>.
84
Clinton, William J. “Remarks by the President in Presentation of Medal of Honor to Alfred Rascon.” The White House.
Washington, D.C: Office of the Press Secretary, 8 Feb. 2000. <http://www.medalofhonor.com/AlfredRascon.htm>.
85
McLemore, David. “Serving a Nation Not Yet Their Own.” Dallas Morning News 28 Nov. 2006.
<http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/stories/DNimmigmilitary_28tex.ART.North.Edition1.3e0efa3.html>.
86
“Undocumented Immigrants DO Have Legal Rights – VIDEO.” Truth in Immigration. Ed. MALDEF. 19 Mar. 2008
<http://www.truthinimmigration.org/CompleteStory.aspx?sid=12>.
87
Idem.
88
“What to Do if You Are Arrested or Detained by Immigration.” National Immigration Law Center. Aug. 2007.
<http://www.nilc.org/ce/nilc/to_do_if_arrested_2007-08.pdf>.
89
Idem.
90
“Know Your Rights at Home and at Work.” National Immigration Law Center. May 2008.
<http://www.nilc.org/ce/nilc/imm_enfrcmt_homework_rts_2008-05.pdf>.
91
“The basic aspects of the “exigent circumstances” exception are that (1) the law enforcement officers must have reasonable grounds
to believe that there is immediate need to protect their lives or others or their property or that of others, (2) the search must not be
motivated by an intent to arrest and seize evidence, and (3) there must be some reasonable basis, approaching probable cause, to
associate an emergency with the area or place to be searched.” United States v. Smith, 797 F.2d 836, 840 (10th Cir.1986)
92
Plyler v. Doe, 457 U.S. 202 (1982)
93
Emergency Medical Treatment and Active Labor Act of 1986 (EMTALA), 42 U.S.C. § 1395dd.
94
United States. Equal Employment Opportunity Commission. “EEOC Reaffirms Commitment to Protecting Undocumented Workers
from Discrimination.” Washington: EEOC Press Releases, 28 Jun. 2002. <http://www.eeoc.gov/press/6-28-02.html>.
95
United States. Equal Employment Opportunity Commission. “Remedies Available to Undocumented Workers Under Federal
Employment Discrimination Laws.” Enforcement Guidances and Related Documents. 26 Oct. 1999.
<http://www.eeoc.gov/policy/docs/undoc.html>.
96
http://www.nilc.org/ce/nilc/to_do_if_arrested_2007-08.pdf
97
http://www.nilc.org/ce/nilc/imm_enfrcmt_homework_rts_2008-05.pdf
98
Johnson, Randel K. “Proposals for Improving the Electronic Employment Verification and Worksite Enforcement System.”
Statement of the U.S. Chamber of Commerce. 26 Apr. 2007: 3. <http://bulk.resource.org/gpo.gov/hearings/110h/34927.pdf>.
99
Idem.
100
Immigration Reform and Control Act (IRCA) signed on November 6, 1986.
101
United States. Dept of Homeland Security. Citizenship and Immigration Services. Form I-9, Employment Eligibility Verification. 5 Jun. 2007.
<http://www.uscis.gov/files/form/i-9.pdf>.
102
Tekach, Cora. “Securing Our Borders from Within: Forcing Employers to Be the Virtual Fence.” Immigration Briefings 07-12 (Dec. 2007): 7.
21
103
Johnson, Randel K., op. cit.
104
Johnson, Randel K., op. cit.
105
Temporary Protected Status (TPS) is a temporary immigration status granted by the Attorney General to eligible nationals of
designated countries (currently Burundi, Sudan, Honduras, Nicaragua, El Salvador, Liberia, and Somalia) suffering the effects of an
ongoing armed conflict, environmental disaster, or other extraordinary and temporary conditions. TPS recipients may not be removed
from the United States and may receive employment authorization. (Source: USCIS).
106
“Facts About Temporary Protected Status and Proving Work Authorization.” National Immigration Law Center. Jul. 2006: 4.
<http://www.nilc.org/immsemplymnt/ircaempverif/tpstoolkit/tps_factsheet_2006-07.pdf>.
107
Hatch, Patricia. “What Motivates Immigration to America” LWVUS Immigration Study: Background Papers. Washington, DC:
League of Women Voters, Apr. 2007: 5.
<http://www.lwv.org/Content/ContentGroups/Projects/ImmigrationStudy/BackgroundPapers1/ImmigrationStudy_Motivations_Hatch.pdf>.
108
Tekach, Cora, op. cit.: 17.
109
E-Verify (formerly known as the Basic Pilot Program) is an Internet-based system operated by United States Citizenship and
Immigration Services and Social Security Administration. Employers who chose to participate in this free program are provided an
automated link to Federal databases to help them determine employment eligibility of new hires, foreign and native-born workers
alike, and the validity of their Social Security numbers. This program exists since 1997 but until recently, few employers used it (less
than 1% of all employers). (Source: USCIS).
110
Westat. Findings of the Web Basic Pilot Evaluation. US Dept. of Homeland Security. Washington, DC: USCIS, Sept. 2007: xxixxv.
<http://www.uscis.gov/files/article/WebBasicPilotRprtSept2007.pdf>.
111
Johnson, Randy, op. cit.: 4-5 and 8.
112
Orszag, Peter R. Letter to Honorable John Conyers Jr., Chairman Committee on the Judiciary, U.S. House of Representatives.
Washington, DC: Congressional Budget Office, 4 Apr. 2008. <http://www.cbo.gov/ftpdocs/91xx/doc9100/hr4088ltr.pdf>.
113
http://www.nytimes.com/2008/04/17/opinion/17thu1.html?_r=2&ref=opinion&oref=slogin&oref=slogin
114
http://www.immigrationpolicy.org/images/File/factcheck/EEVSbythenumbers04-08.pdf
115
http://www.nilc.org/immsemplymnt/ircaempverif/e-verify_impacts_USCs_2008-04-09.pdf
116
Nizza, Mike. “Estimate for Deporting Illegal Immigrants: $94 Billion.” Blog posting. LEDE. New York Times 13 Sept. 2007.
<http://thelede.blogs.nytimes.com/2007/09/13/estimate-for-deporting-illegal-immigrants-94-billion/>.
117
Fears, Darryl. “$41 Billion Cost Projected To Remove Illegal Entrants.” Washington Post 26 Jul. 2005, natl. ed.: A11.
<http://www.washingtonpost.com/wp-dyn/content/article/2005/07/25/AR2005072501605.html>.
118
Jacoby, Jeff. “What if we deport them all?” Editorial. Boston Globe 18 Mar. 2007.
<http://www.boston.com/news/globe/editorial_opinion/oped/articles/2007/03/19/what_if_we_deport_ them_all/>.
119
Idem.
120
http://www.gallup.com/poll/26875/Public-Still-Supports-Path-Citizenship-Illegal-Immigrants.aspx
121
“State and Local Anti-Immigrant Ordinances Backfire.” Truth in Immigration. Ed. MALDEF. 9 May 2008.
<http://www.truthinimmigration.org/CompleteStory.aspx?sid=49>.
122
http://www.nytimes.com/2007/09/26/nyregion/26riverside.html?_r=1&oref=slogin
123
http://www.washingtonpost.com/wp-dyn/content/article/2008/03/26/AR2008032603333.html
124
http://www.washingtonpost.com/wp-dyn/content/article/2008/04/29/AR2008042902990.html
125
http://www.nytimes.com/2008/02/12/us/12arizona.html?_r=1&oref=slogin
126
http://www.npr.org/templates/story/story.php?storyId=7382343
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Acknowledgements
The Equal Rights Center gives special thanks for this report to its principal author
Guillaume Desnoë
and to its principal designer
Julie Alain.
The need for the report was inspired by the highly regarded expert in immigration law
Michael Maggio
of Maggio and Kattar, who passed away while this work was in progress.
We dedicate “10 Harmful Misconceptions About Immigration“
to his life and memory.
We are grateful to
Cora Tekach
of Maggio and Kattar for the advice she provided as this report took shape.
Many members of the ERC staff participated in the development of
“10 Harmful Misconceptions About Immigration.“
23
Photography Credits
Page 3 iStockphoto
Page 9 iStockphoto, Guillaume Desnoë
Page 10 Guillaume Desnoë
Page 12 iStockphoto
Page 13 iStockphoto
Page 14 Guillaume Desnoë
Page 17 Guillaume Desnoë
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