Deportation Policy Controversy

Recent changes in federal deportation laws may signal change for undocumented immigrants living in the United States. In August of this year, the Obama administration announced that some immigrants may have the chance to apply for work permits. However, criminals and those who pose a threat to national security will not have this option.

By Jennifer Gartner, December 2011 Staff Writer

The process of deporting those who have a criminal record, while allowing others to stay and apply for a work permit, will require a case-by-case review of many immigrants’ situations.

Currently, many undocumented immigrants remain in detention, sometimes for indefinite periods of time. Some stay in detention, seeking amnesty. They fear returning to Mexico, and would rather languish in American detention centers than return to their homeland.

“Some remain in detention for two, five, or even 10 years,” s ayss  Addy Boreiss, program associate at the American Civil Liberties Union in Phoenix .

One advantage to giving immigrants the opportunity to apply for work permits is that this keeps families together. According to Boreiss, many families are split up by aggressive deportation laws. Sometimes, people with children who have lived in the United States for many years are deported back to Mexico. This forces families to face separat ion of children from their parents, causing a new set of problems. Options such as a work permit would provide a way for families to stay together; some of the children of undocumented immigrants are born in the United States. These situations create ethical and legal dilemmas.

Advocates of strict deportation law do not feel that case-by-case review is necessary or even beneficial. Some groups, such as the Minutemen, support the cause of building a fortified wall at the border. According to those who support this idea, all undocumented immigrants pose a threat to the economic well-being and overall security of the United States. Many seem to feel that immigration from Mexico is akin to an invasion, by which immigrants will occupy and weaken American culture.

Meanwhile, “Many people stay in detention, rather than face deportation, out of fear,”  Boreiss says. “Detention is a very unpleasant place to be. Most undocumented workers do not have a criminal history.”

One facet of the changes in deportation law is the Dream Act. This would allow young immigrants who are in college or in the military to gain legal status in the United States.

The ACLU, specifically, defends the rights of those who are in detention waiting for a judge to review their cases. Boreiss says, “These are civil cases, not criminal cases. We seek to ensure that Constitutional rights are upheld, such as freedom from indefinite detention, and visitation rights. The average detention is 45 days, though sometimes it is longer.”

It is unclear how work permit provisions in deportation laws would affect individuals and families. Some disagree heartily with them, as they feel that the laws will allow too much leeway for people who have crossed the border illegally, while others believe that the change will bring greater opportunity for families to stay together and gain legal status.