Tami encourages everyone to read America’s Immigration history. For ten years Congress has failed to protect Americans and States, she wants you to learn why. The following immigration acts regulate a significant portion of Immigration and Naturalization in America:
Congress has the absolute power to regulate Immigration and Naturalization in the United States, documented in Article I, Section 8, and Clause 4 of the Constitution.
In 1790, the first uniform rule of Naturalization was recorded. Then in 1795, they legislated many of the principles utilized today. The significant rules they instituted were: one must declare and affirm to government officials three years in advance their interest in becoming a citizen; upon application a person must reside in our Nation for five consecutive years; a person must affirm his beliefs in the Constitution; and all forms of nobility must be renounced.
In 1952, Congress enacted the Immigration and Nationality Act (INA) This statute established a comprehensive federal policy for regulation of Immigration and Naturalization and defined the terms and conditions of admission into the United States, including the treatment of aliens lawfully residing in the country. For reference, at that time ‘Alien’ was a person not lawfully admitted for permanent residence.
In 1976, Supreme Court De Canas v Bica clarified that the power to regulate Immigration and Naturalization was federal; however, “States possess broad authority under their police powers to regulate the employment relationship to protect workers within the State.” Furthermore, “to prohibit the knowing employment by California employers of persons not entitled to lawful residence in the United States, let alone to work here, is certainly within the mainstream of such police power regulation. Employment of illegal aliens in times of high unemployment deprives citizens and legally admitted aliens of jobs; acceptance.”
In 1986, Congress passed the Immigration Reform and Control Act (IRCA) which made it unlawful for a person or other entity to hire, or to recruit or refer for a fee, for employment in the United States an alien; knowing the alien is an unauthorized alien. If employers violate the Act they are subject to Federal civil or criminal fines and sanctions. Parts also included amnesty to certain unauthorized immigrates and a path to residency. Here is a summary of the key components from the Library of Congress.
In 1996, Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) in an effort to improve the employment verification system by offering a voluntary internet solution. Using ‘E-Verify,’ employers could verify an employee’s authorization status.
In 2011, Arizona and other States enacted laws to impose sanctions on employers for the employment of unauthorized aliens through licensing and similar laws. The Legal Arizona Workers Act states that licenses of state employers who knowingly or intentionally employ unauthorized aliens may have their licenses suspended or revoked. The law also requires all Arizona employers to use E-verify. Various organizations challenged Arizona’s reform Act, however on May 26, 2011 Supreme Court Chamber of Commerce of the United States of America et al. v. Whiting decided in favor of Arizona. They argued “While IRCA prohibits States from imposing civil or criminal sanctions on those who employ unauthorized aliens it preserves state authority to impose sanctions through licensing and similar laws.” In addition, they argued that States have the right to mandate E-verify for Arizona employers.
Between 2000 and 2010, the Republican and Democratic Congress did little to address immigration and with embarrassment the one attempt was unconstitutional. The bill was identified as the Development, Relief, and Education for Alien Minors Act (Dream Act - 3992). The House of Representatives passed the bill on December 8, 2010 with a 216 to 198 vote and on December 18, 2010 the Senate killed the bill with a 55-41 vote. In summary, the bill was unconstitutional; it provided a path to citizenship for some unauthorized individuals, with an emphasis on providing some unauthorized minors benefits for postsecondary education and military service.
In addition to the resources provided above, Tami would strongly encourage Americans to read the following:
Overview of Immigration Issues in the 112th Congress
The U.S. Foreign-Born Population: Trends and Selected Characteristics
Estimates of the Unauthorized Immigrant Population Residing in the United States
Copyright 2011 Tami Stainfield for President. All rights reserved. Tami Stainfield has not granted any persons or organizations rights to utilize or distribute Tami Stainfeild thoughts, quotes, ideas and intellectual property. Intellectual quotes, logic, and theories remain the property of Tami L. Stainfield