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By Patrick Osio, Jr./HispanicVista.com

    January 2010

What we have here is a bad case of ignorance

By Patrick Osio

Ask most Americans who oppose Immigration Reform legislation and as a majority will say because it will give amnesty to the 12 million illegals already here. And, most add that Amnesty doesn’t work, it has already been proven with the last time it was done – it simply opened the doors to massive additional illegal immigration. Ask of the 12 million illegally in the US, how many are from Mexico – and you get a variation of – all or most.

Ask what should be done and you get – stop them at the border, round up those here and deport them. The more militant will say fence the entire 2000 mile border, militarize the border. The really radicals will even go as far as suggesting that a half-mile strip across the 2000 mile border become a double fenced “no man’s line”  and troops in the corridor.

In the last couple of years the beginnings of admitting that employing illegal immigrants by U.S. businesses was a part of the problem began to surface. This recognition has grown since then. So ask why this hasn’t been done before and you’re bound to get because the laws were not enforced. Ask which laws, and you get ‘the laws prohibiting hiring illegal immigrants.’ Ask how long these laws have been in the books and you apt to get ‘just recently.’

As if they know the name of the last Immigration Reform law. You’re likely to get “Amnesty Law” as to the year – few know it was 1986. And what did the law provide? – Amnesty for millions is the typical answer. What else did it provide? – nothing else is the likely answer.

Thus we have a bad case of information ignorance that in turn is fed by those who suffer from a bad case of nativism which governs their mentality – if you’re not of European decent quit coming; if here, get out; if staying, accept us as your better.

The Immigration Reform and Control Act (IRCA) of 1986 did reform U.S. immigration law. The first part of the act criminalized knowingly hiring illegal immigrant(s), established financial and potential incarceration for those employing undocumented workers; introduced and made mandatory the I-9 Form, which all employees had to submit with documentary proof of legal eligibility for employment.

Correctly Congress acknowledged in 1986, that it was the demand for cheap and non complaining workers that was singularly the greatest cause of illegal immigration. Closing employment availability would eliminate over 95 percent of illegal immigration.

So what happened?

The U.S. Chamber of Commerce as the umbrella for the nation’s chambers, along with other business, manufacturing, hospitality and restaurant, and service organizations decried the employer sanctions. Under pressure, Congress relented inserting a clause in the law explicitly releasing employers from any obligation to check the authenticity of documents presented to them.  So employers were off the hook able to continue their hiring practice as before.

The second part of the 1986 Act dealt with amnesty eligibility. It required that only those who could prove a constant presence in the U.S. since 1981, had no criminal record, could prove continuous employment and had not received welfare benefits could apply for a 5-year amnesty permit. At the end of the amnesty period, provided the applicant could once again prove the original requirements, and by then speak sufficient English, they would be granted Permanent Residency status. This would put them on the path of applying for U.S. citizenship in another 5 years with the typical requirements for such consideration.

The third part of the Act amended the existing agricultural temporary guest worker program creating the H-2A – temporary agricultural program guest worker visa. This section called for agricultural employers first certifying that they had advertised for local workers, unable to secure enough workers, needed to temporarily bring in foreign workers. They were mandated to pay foreign workers the same wage as domestic workers and provide the same benefits, including sanitary living conditions. In short, foreign workers were to be paid and treated the same as domestic workers. The foreign workers would be returned to their home country during the course of each year.

So what happened?

Like all other businesses, without the obligation of proving the authenticity of documents, it is much cheaper to hire illegal immigrants than to comply with the law. The additional profits are in the millions – that’s what happened.

Now take a look at the Congressional representatives of both Houses, you will find that those clamoring the loudest about securing the border, are the same ones who openly or covertly oppose the necessary changes or enforcement policies of existing laws that could have almost completely stopped illegal immigration at least most of the near 6 million from Mexico and Central America.

And that dear readers, is the height of political hypocrisy and it continues because ignorance prevails.

______________________________________________

Patrick Osio is the Editor of HispanicVista.com and Vice President of the Baja California Medical Tourism Association. Contact at POsioJr@aol.com

or at Posio@aol.com

Patrick Osio, Jr. has written a short but intensive manual on the Mexican perspective on numerous issues between our two countries. The manual is an in depth primer on the culture and protocol for better understanding Mexicans that in turn allows establishing personal and business relationships, and how to avoid the most common faux pas that can ruin relationships and business deals.

For information on purchasing, write to HVCstore@aol.com

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