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"It's broken."
Despite differing viewpoints, nearly everyone the Beacon spoke with
about our immigration system had that same answer. Their thoughts on
reform differ in many ways, but agreements did crop up and often
included the need to simplify the bureaucracy, to control our borders
better and to impose some penalties on people who came here illegally
or who are now here undocumented, without necessarily sending them
home.
Interviews were edited for clarity and length. Click here to read part one.
John Ammann
A clinical professor of law at Saint Louis University Law School, Ammann works as the director of SLU Legal Clinics, which works with
low-income people, non-profits and government agencies and law students
for practical experience. In 2008, Ammann was nominated as "2008 Lawyer
of the Year" by Missouri Lawyer's Weekly for his work with 80 Bosnians
whose citizenship applications were delayed.
What do you think of our current immigration system? How well does it work?
Ammann: Clearly there needs to be reform of the system. A more
common-sense approach to border control is one issue, but also dealing
with the huge, long waits for people who are applying to come to the
country. Depending on what country you come from, there are waits of
10, 20, 30 years to bring relatives over. The system currently splits
up families and takes too long on the legal immigration side.
The crackdowns on what people are calling illegal immigration are
really misguided. Missouri's got a law that's kind of harsh and
Missouri doesn't have a problem. There aren't any studies to show that
undocumented aliens in Missouri are stealing jobs or are a drain on the
economy. Nobody's ever produced a study to show that.
To answer your question generally, there needs to be common-sense
border control. We need a more efficient system for people that apply
for citizenship and asylum and refugee status and all the different
ways you can come into the country. And then ultimately we need to do
something about the people who are here undocumented.
Clearly we need to do something about where some
members of a family have documentation and are here legally and others
aren't. The people who say, 'well, if they're here illegally, we should
just send them home,' the person who's here illegally might be the
mother of three kids and the three kids might be U.S. citizens. So are
you gonna send the mom home and put the three kids in foster care? It
doesn't make any sense. The people who think it's a black and white
issue, the people who say things like 'what part of illegal don't you
understand?' they're the ones who don't understand because it can't be
a zero tolerance system.
You mentioned a couple of failings of the system. What would a more common-sense approach to border control look like?
Ammann: I'm not an expert on border control ... I don't know
that the fence is the answer. A logical system ironically might be more
porous we have now ... a lot of people have advocated to let migrant
workers, let day workers, let the guy who lives in Mexico but picks
grapes in Texas cross the border three months out of the year when he's
working and go back home on the weekends. What's the problem with that?
Have a system where there's logical and legal flow of citizens between
the two countries, for work, for tourism, for whatever. Is a wall the
answer? I don't think so. There's a lot of logical things we could do
that would promote the economies of both countries without having to
build a wall at all.
What would it take to make the kinds of changes you've talked about a reality?
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Ammann: Some common sense in Congress. Half an ounce of
compassion would be nice. I want to listen to the people who are
providing some compassion and who understand the rule of law but also
have some compassion for people's situations.
If we had more porous borders and more respect for families and all
the things you talked about, what do you think those kind of reforms
would mean to the country?
Ammann: There's a great potential for economic development that
uses the resources of both countries and Central America as a whole.
There's a great synergy that we could develop, and NAFTA took a step in
that direction, merging the economies of North American countries.
I think we would win economically if we got rid of some of the
psychological barriers and physical barriers between the countries.
Part of the problem is it points up the racial profiling side of this.
You know we're not talking about Canadians here. We're not having this
discussion because people are upset that Canadians are coming to the
country illegally or overstaying their student visas. We're having this
discussion because of people with brown skin, and that's what people
get upset about. That's what bothers me the most -- the racial aspect
of this.
What are your thoughts on the Arizona immigration law? Where will it lead and is the rest of the country headed that way?
Ammann: I oppose the Arizona law and believe the judge's
decision this week was correct. Among other things, she found it would
be a huge problem for people here legally but who would be targeted
because of their skin color. The judge also found the law gave too much
discretion to the police, which is a huge problem. Many other states
are adopting these type of laws, with no studies or other basis to show
that the presence of immigrants is a problem.
Jalesia McQueen Gadberry
McQueen Gadberry grew up in a bilingual household that moved around the
country and the world with the Air Force. Her father was born in the
United States, her mother in Peru. Now, as a lawyer in her own firm,
McQueen Gadberry deals with immigration with employers wanting to
sponsor employees. Like her own upbringing, she speaks Spanish to her
twin boys at home.
What are your views on the current immigration system?
McQueen Gadberry: Being an attorney and working in the system
every day, I can say since I started about seven years ago, it's gotten
just so much worse. It's gotten more bureaucratic.
This huge bureaucratic system really leaves people out; and it takes
years and years and years to get through the system. I'd say the
average is between two to seven years to get through the immigration
system, and sometimes longer, and this is going through legally.
I have problem that we're so focused on the illegal
immigrants that no one's talking about the legal immigrants. It's
frustrating for me, for someone who works with legal immigrants who
have skills and degrees and are contributing to our economic system
already. It's more focused on the illegals that come over the border.
What are your thoughts on the Arizona immigration law? Where will it lead, and is the rest of the country headed that way?
McQueen Gadberry: I do not believe that the Arizona law
violates any federal law. In fact, it states clearly that federal law
rules and the state law refers to the provisions of the federal law
that require the federal government to investigate potential illegal
immigration.
However, I do not believe the law will be effective because it is
basing its success on the federal system, which is broken. I am not
against the law because of any race or anti-immigration argument. There
is a provision in the Arizona law that creates a fund for county jails
to be reimbursed for detaining alleged illegal aliens. County jails can
only detain individuals for a specific amount of time. So, it is likely
that some of these individuals will be released, since Immigration and
Customs Enforcement is strapped putting away illegal aliens who commit
heinous crimes and may not have the time to deal with illegal aliens
that are working in the cornfields.
I am certainly against the Department of Justice suing Arizona. Suing
Arizona is a smokescreen to divert the attention of the public away
from true immigration reform and towards a more derisive battle that
will polarize us further. It is a shame.
What changes would you make to reform the system?
McQueen Gadberry: There are a lot of unnecessary steps in the
immigration process. Most people don't know this, but prior to 1913 we
had practically free immigration into this country.
We should be less focused on the administration of the system and more
focused on the security aspect of immigration. The people that came
here to bomb the Twin Towers actually were on visas; they were on
student visas. Our allocation of resources would be a lot better if we
focus on security, getting the background checks done of people, and
allowing people to come here to work if that's what they want to do,
and allowing people to stay, ultimately, if that's what they want to
do.
You mentioned that we focus too much on people here illegally. What
would you like to see done with people without documentation?
McQueen Gadberry: There are two subsets that I can see. The
first is the people here for economic reasons, wanting to feed their
families. Then you have the second subset of people here to cause
problems. These are the drug smugglers, the human traffickers, real
hardened criminals. What's happened is that those two subsets are
lumped into one huge set.
The problem is you have resources allocated to getting rid of the
criminals and getting rid of illegal immigration, but you can't really
distinguish one from the other, so you're not thinning the haystack.
You're trying to go after everybody at the same time.
You have to be practical. Trying to go after
everybody for everything is not practical. We need to get
accountability of people. We need to make the system easier so that
people, if they have a job here, then we can account for them, not make
them citizens, not give them a road to anything because there has to be
some kind of accountability for what they've done.
What are the obstacles to streamlining the process of either
monitoring who's coming in or helping people get through the paperwork?
McQueen Gadberry: Bureaucracy begets bureaucracy. It's a very,
very complicated system. A lot of people have a lot invested in it
being complicated, including attorneys, politicians, any other special
interest groups. The biggest obstacle is to try and convince people
that you need to go just scratch it and start over again because
basically that's what you have to do.
If the reforms that you're talking about were made, what impact would that have on our country?
McQueen Gadberry: This protectionist attitude about immigration
really needs to change. This still is a melting pot and I think if we
would allow the free market to work, we would all be a lot better off
financially, better off freedom wise, politically and religiously.
Neal Breitweiser
Breitweiser is the Creve Coeur Township Republican committeeman. In addition to that role, Breitweiser
also serves as an officer on the 24th senatorial district and is in
sales with Vitran, a Canadian trucking company.
What are your views on our current immigration system and how well does it work?
Breitweiser: I believe that we should just enforce the laws
that are on the books. If we did that, you and I wouldn't be having
this conversation. I think there are existing laws that need to be
financed. If financing's a problem then we need to finance them. We
should just enforce the existing laws. They worked for a long time like
they were. The federal government has fallen short in particular in the
border in the south. It's not enforcing the border.
What laws do you think specifically aren't being enforced well enough?
Breitweiser: It's pretty simple. People who want to come to
this country should apply through the normal naturalization process.
Every fourth of July and throughout the year, hundreds of (people from
other countries) are sworn in right here in St. Louis. That system
works. People I've talked to don't appreciate people barging across the
border, taking jobs and opportunities away from those who have waited
several years to migrate to this country legally. It's a drag on our
system. It's a drag on our welfare system, our Medicare system. If we
enforce the laws we have, people could migrate to this country
naturally and we wouldn't have all these problems that we're having
today.
Are there any additional reforms you'd like to see made to our immigration system?
Breitweiser: There's usually a bias toward countries that we want legal immigration from. One reform would be that they could increase the
(preference), if they still exist, to the south of us. Latin Americans
should be given a priority. Obviously the demand is there, so why not
take advantage of that? These are, for the most part, very industrious,
religious, good people. They're not criminals, they're good
hard-working people and when they come to this country they're good
Americans. There's no reason we shouldn't allow more hard-working good
people into our country. That's one of the problems --they don't allow
enough a year. I think if they raised that, they'd relieve the borders.
For the people who are crossing the border illegally and are here now, what should be done?
Breitweiser: That's a tough one. I supported President George
W. Bush's amnesty program, and I supported Ronald Reagan's amnesty
program. Neither was popular at the time they were proposed. Reagan's
went through, and Bush's didn't, but I supported it. It's
uncomfortable, it's not the most desirable scenario, but it's something
I believe would have worked.
What are your thoughts on the Arizona law and is this the direction the rest of the country is headed state by state?
Breitweiser: I support the decision of Arizona's governor to do what she did. They were pigeonholed, they had to do something. It might not have been the best law in the world. I
think that parts of it could be rewritten. But for the time being, they
feel that that's the best way to deal with the issue that's in their
state. I believe they're within their rights to do that. The federal
government won't help them.
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