The core principle of legalization in
Comprehensive Immigration Reform
With 5.4 percent of the United States’ workforce undocumented, there exist double standards in the workplace. Often, immigrant workers face
higher levels of exploitation or intimidation as a result of their immigration status. With a pathway to legalization, these workers would be
empowered against exploitative employers and protected under U.S. labor and immigration laws. However, legalization is not just an issue of
economics and the workplace.
A comprehensive immigration bill should be as inclusive as possible when it comes to legalization. The current policies which include a path
to legalization are wide and varied. Legislation such as the DREAM Act would give a path to legalization for undocumented students who
pursue a two- or four-year degree or enter the military. Farm workers, under the Agricultural Jobs, Opportunity, Benefits, and Security Act,
would earn temporary immigration status based on past work experience and continued agricultural work. However, there is no legislation yet
which would give a pathway to legalization for all undocumented persons residing in the United States.
Those who oppose the legalization of the millions of undocumented citizens in our country must realize the impossibility of the alternative.
Searching for, detaining, and deporting millions of people living productive lives in the United States would be catastrophic. The cost of
resources and manpower needed for such an operation would be unprofitable to the United States. Rather, we must confront the reality of the
current situation and implement real immigration reform. This does not mean a policy of open borders, as many anti-immigrant groups have
suggested. Senator Chuck Schumer (D-NY) stressed in a speech during the Migration Policy Institute Conference last month, that securing
America’s borders remains a serious issue when discussing immigration. However, comprehensive immigration reform needs to
pragmatically address the undocumented population currently residing in the United States.
When it comes to the Hmong population, most Hmong have come to this country as refugees. However, those who have immigrated to the
United States from France, Laos or Thailand have become undocumented in the same way that most other Asians become undocumented,
either through overstaying a visa or unprocessed paperwork in the backlogs of the Citizenship and Immigration and Services. Often, as a way
to bypass the long wait period associated with family immigration backlogs, family members will come over to the United States and overstay
a visitor’s visa. As undocumented members of our society, they work and contribute to our country without protection and security. It is time
that we ensure all Americans are free to live from outside the shadows.
By Arlee Vang
Immigration Policy Research Intern
Hmong National Development, Inc.
The United States immigration system is out of date and no longer reflects the demands and changes in
the U.S. economy and population. Many people wonder why undocumented immigrants do not enter into
the country through traditional means. However, when we consider the four paths of immigration into the
United States — through family-based immigration, employment-based visas, the Diversity Visa program,
and, as refugees or asylees, we see that the inefficiency of the outdated system worsens the problem.
The current immigration system has no practical, systematic process for legalizing the 12 million
undocumented immigrants currently living in the shadows. A large part of the Asian community is
included in that number. About 1.5 million of the 12 million undocumented immigrants living in the United
States originated from Asian countries. As of January 2006, there were 14.7 million Asian Americans
living in the United States. This means that one out of every ten Asians is undocumented. Most of these
undocumented immigrants lead productive lives in the United States and consider it their home. They
work hard to provide for their families, pay taxes, and learn English. Asian American and Pacific
Islanders contribute to our economy and their own communities in meaningful ways. However, our
undocumented population is also the most at risk for exploitation.
Arlee Vang