Bush Signals Plans to Pursue Controversial Immigration Reform by David Tobenkin Love him or hate him, President George W. Bush does not shy away from controversial topics, international or domestic. If launching the Iraq war and touching the electrified third rail of Social Security reform through a partial privatization proposal are not examples enough, Bush recently signaled that he plans to aggressively attack one of the most controversial and intractable issues, and one with both domestic and international components: the continued illegal immigration of millions of undocumented workers largely from Central America into the United States and the treatment of those already in the country. Just before his inauguration for a second term, Bush stated that immigration reform would be high among his priorities for a second term. He also reiterated his commitment to a temporary guest-worker program that he first proposed in January 2004. Under the plan, announced as a set of principles rather than as specific legislation, foreign workers, including undocumented workers already in the United States, would be matched with willing employers when no U.S. citizens can be found to fill the jobs. Plan participants could remain in t he country to apply for renewable three-year work permits. The program would require the return of temporary workers to their home countries after their periods of work concluded, although it would also allow workers to apply for legal permanent residency or citizenship. Other principles of the plan include controlling immigration on the U.S.-Mexican border through agreements with countries participating in the program and increasing the size of legal immigration. Asked in early January where immigration ranked in his list of priorities among second-term priorities, Bush told the Washington Times, "I think itís high. I think itís a big issue." With Republican control of both houses of Congress and Bush no longer seeking re-election, 2005 could be the year the log jam is broken on addressing complex issues of immigration. Such legislation could have major consequences, particularly for the Mexican Embassy and its archipelago of 45 consulates throughout the United States. Mexican Ambassador Carlos de Icaza in late December told the Washington Times that he was "encouraged" by the presidentís guest-worker program, and that, if passed by Congress, it could allow Mexico and the United States to better improve security through joint training of border officials and shared background checks of those seeking to enter the United States under the program. He said he also welcomed the national debate on immigration reform the president had begun. And a fierce debate it will likely be. By mid-January, Bushís proposal had not yet been encapsulated in specific legislation but already it was expected that other members of Congress would introduce a wide range of their own immigration-related measures, including measures by members of the more conservative wing of the Republican Party who have long been opposed to what they view as lax oversight of the nationís southern border and immigration laws. One thing both pro- and anti-immigration forces can agree about with respect to immigration from Mexico and Central America is that the system is broken. Various estimates state there are 8 million to 12 million undocumented immigrants living in the United States, with no slowdown in the flow of new undocumented immigrants crossing the border. In fact, despite increased immigration enforcement after Sept. 11, 2001, the number of immigrants has increased by 4 million since 2000, half of which were illegal entries, according to a report by the Washington-based Center for Immigration Studies. Immigrant rights proponents say the undocumented workers take jobs that Americans donít want and make the United States more economically competitive. They complain that under existing laws, those immigrants are forced to live in the shadows and are subject to exploitation, lack of political and social rights, and lack of social services. Illegal immigration opponents claim those same immigrants burden state and local social services and education, drive down wages and working conditions, subvert the legal immigration process, and increase the danger of crime and terrorism. The sides differ on the Bush proposal. Opponents fault it by claiming it does nothing to stem the flow of undocumented immigrants, saying it is nothing more than an amnesty for illegal workers. "This plan does not provide for the immigration service doing anything to remove" workers who entered the country illegally, said Jack Martin, special projects director for the Federation for American Immigration Reform (FAIR). "Anything that gives legal status to people who have entered illegally is an amnesty program. Weíre opposed to any amnesty program because experience shows it just leads to more illegal immigration. His program gives them the ability to leverage their legal work status into permanent residency. Aside from felony offenses or a material fact withheld, they wonít be deported." For pro-immigration forces, however, the plan does not go far enough. "I think itís great that the president is putting the issue on table, and heís right that the immigration system is broken and needs to be fixed," said Eliseo Medina, executive vice president of the Service Employees International Union, which has 1.8 million members in health care, public and building service sectors, of which 20 percent to 25 percent are Hispanic and many are undocumented. "But I donít think his immigration proposal as it stands will do that. His proposal would not accomplish that because it focuses primarily on future flows of immigrants and making sure in the future that they come through the legal system. But you need a comprehensive solution to stop a system of illegality. "What is missing is legalizing the 10 [million] to 15 million currently here that have families and who may have native-born children," Medina added. "[Bushís plan] says they get an opportunity to get a visa good for three years. It potentially could be renewed in three years. After that they have to leave and go home. If they build a home here for three years, getting a visa for three years and having to leave is not a good option. What we need is a proposal to legalize those here, then create a legal framework for future flows, then figure out how to work with [Mexico and Central American] governments to create jobs at home." Both sides do agree that the issue has grown even more complex, given the need for enhanced U.S. security following Sept. 11, 2001. Pro-immigration advocates state that legalizing immigrants will allow the Border Patrol to concentrate on criminals rather than those simply seeking a better life. Anti-immigration forces point to the failure to crack down on immigrants entering illegally because of the matterís political sensitivity, saying this provides cover for criminal elements seeking to enter the country. Some other legislative proposals being discussed attempt to address those security concerns. Powerful House Judiciary Chairman James Sensenbrenner (R-Wis.) said he would introduce legislation in 2005 that includes elements that were proposed for but left out of the recent intelligence overhaul bill. These include increased scrutiny of foreigners seeking political asylum, bans on state issuance of driverís licenses to undocumented immigrants and issuance of a more secure driverís license, and extension of a fence along the Mexican border. Another bill already introduced in the new Congress by David Dreier (R-Calif.) would amend the Immigration and Nationality Act to track the citizenship status of employees by requiring potential employees to present employers with an updated Social Security card that contains the personís photograph and an electronic signature strip that would be checked against a new national database. Employers who violate the law would be fined $50,000 per instance (an increase of five times over the current fee). In addition, the bill calls for 10,000 new Homeland Security Department investigators to enforce the law. States have also entered the immigration reform fray. Last November, Arizona voters passed Proposition 200, which amends the stateís laws to require proof of citizenship to register to vote. It also requires agencies administering state and local public benefits to verify applicantsí immigration status, and charges state employees with reporting violations of immigration law to federal authorities. The measureís drafters say they carefully tailored the language to avoid the fate of the similar California Proposition 187, which was passed in 1994 but subsequently had large segments of its contents struck down by federal courts. In late December, an Arizona federal judge lifted a temporary stay on the enforcement of Proposition 200 and Arizona Gov. Janet Napolitano directed state agencies to implement as pects of the measure, although opponents say they will appeal the ruling in federal court. Measures such as Proposition 200 have provoked a strong reaction by Mexican diplomats. In late December, the Mexican Foreign Ministry released a press release denouncing the initiative: "The Foreign Ministry reiterates its complete rejection of this measure, given that it discriminates on the basis of ethnicity and could create an adverse climate for the Mexican community in the state of Arizona. The Foreign Ministry believes that the measure does not contribute in any way to facing and dealing with the challenges and opportunities created by the migration between Mexico and Arizona." The Foreign Ministry directed its consulates in Arizona to keep Mexicans informed about the proposition and their rights, to promote understanding within Arizona about the contribution of Mexicans to the stateís economy and society, and to keep in contact with authorities to "follow up on what the corresponding legal institutions are doing with regard to the situation." The undocumented status of many Mexican immigrants has created few day-to-day complications, however, in Mexican consulates. Mexican Embassy Press Secretary Alfonso Nieto said the consulates serve all Mexican nationals and, like most other countriesí consulates, do not inquire as to their legal status in the United States. The country has addressed the need for undocumented, as well as legal, immigrants by issuing a form of identification, a matricula consular. Although Nieto said the cards have long been issued by its consulates, they have come into greater prominence since the government launched a high security version two years ago, which Nieto touts as being more reliable and tamper-proof than U.S. driverís licenses. A total of 2.5 million of the newer matricula consulars have been issued, Nieto noted. The cards have been accepted by 377 U.S. cities, 163 counties and 178 banks. Nieto said acceptance of the cards by banks in particular is a huge benefit for immigrants because it reduces the danger of carrying cash in hand and has allowed quicker remittances to family members in home countries. Mexican-U.S. legislators, unions and community leaders have pushed for acceptance of the matricula consular, as well as acceptance of two other measures aimed at normalizing the status of undocumented workers: issuance of driverís licenses and allowing them to receive in-state tuitions grants to state colleges and universities. Many states have approved both of these measures. FAIRís Martin contended that Mexican consular officials were improperly lobbying communities to accept matricula consulars: "Thereís nothing wrong to issue identity cards," he said. "The issue is whether itís a legitimate function for Mexican government to be arm-twisting by directing communities to accept them. Youíve had consular representatives of Mexican government going before city councils and state legislatures arguing in favor of them." Nieto said Mexican Embassy employees were not engaged in such activities but that he could not be sure whether consular officials had participated in proceedings examining the cards and, if so, whether it was in a merely informational or advocacy role. "Local authorities sometimes contact Mexican consulates to consult them and hear their opinions about different issues concerning community affairs, including the use of matricula consular as an identification document," Nieto said. "Part of the consulatesí work is the establishment of mechanisms of understanding and cooperation with the authorities within their consular jurisdiction. In this regard they provide information about the consular duties, responsibilities and practices, which include the issuance of matricula consulars. Many of these authorities have found very useful the matricula consular and have recognized it as a valid ID for different purposes. In any case this is an exclusive decision of the local authorities." Immigrant remittances from the United States to Mexico are a leading source of revenue for the latter country and a safety valve for Mexican unemployment that would otherwise rise, but Nieto insisted the country does not promote undocumented immigration. "Mexico doesnít promote migration, let alone undocumented migration," he said. More generally, Nieto said, "Mexico is willing to continue working with the United States in order to ensure that migration takes place in a legal, safe, orderly manner respectful of the fundamental rights of the people." However, Martin and others have questioned such assertions given the recent distribution by the Mexican government of an illustrated comic book-style pamphlet warning of the dangers of illegal immigration into the United States and illustrating techniques for reducing the danger of illegal entry into the United States and detection once there. A total of 1.5 million copies of the pamphlet were added as a supplement to a popular comic book for youths in areas of Mexico that traditionally experience high migration to the United States. "Our concern about that is not that [the pamphlet] warns of dangers of illegally crossing here, but when it counsels nationals illegally living in the country how to comport themselves in the U.S., so they wonít be detected and deported," Martin said. But Nieto said the pamphlets do not advocate illegal immigration, noting that there are disclaimers in the pamphlet advising against attempting to migrate illegally. "The guide informs people that the way to travel to another country is with a passport and visa," Nieto said. "The guide also tries to save lives by informing of the risks of doing otherwise. Hopefully, it will make people think twice about doing the latter." David Tobenkin is a freelance writer in Washington, D.C.