The United States’ current national immigration policy is “an affront to every law-abiding citizen and every company that plays by the rules,” said Napolitano. Yet the very laws that are supposed to regulate immigration policy are part of the reason law enforcement agencies are struggling to control immigration. There is a dearth of effectual laws, and there are practical technological problems that are undermining our ability to solve the problem of uncontrolled migration across our borders. In response to the oft-utilized criticism that the government simply does not want to enforce immigration laws, Napolitano stressed that, “DHS needs reform to do our job of enforcing the law.”
Now is the time for such reform. The flow of undocumented persons into the United States has declined by half since the failed initiative of 2007. This is largely a response to recent economic conditions, but it is also due to the efforts of agencies such as DHS that are not waiting idly for reform. The federal government has strengthened security on the southwest border and committed more resources to the area in the wake of increasing violence related to drug cartels and human-smuggling outfits. Napolitano cited these facts as the most powerful impetus for reform. “We have replaced all policies which merely looked tough with those that are effective,” she said.
Advances in enforcement measures are needed, but such advances on their own will never be enough to correct immigration practices. Any effort made toward citizenship status for those aliens already living in the United States will have to require those people to come out of the shadows and enter a law-abiding society. The Obama administration’s stance has consistently held that holding U. S. citizenship carries as many responsibilities as it does rights. Napolitano’s view is that those without status will have to come forward to register, pay a fine, pay taxes, submit to a criminal background check, and begin learning English.
True reform will also have to address the strain placed on families with partial citizenship status. Napolitano said “No one should have to wait in line for years” to reunite with their families. This especially true for those members of the U.S. Armed Services who have taken their oath of enlistment before their oath of citizenship.
The backdrop to immigration reform—and possibly the largest obstacle—is the need for congressional action. Napolitano believes that every member of Congress recognizes the need for immigration reform, but some are skeptical about the chances of legitimate reform occurring at a time when Congress is consumed with health care reform, upcoming environmental legislation, and continuing joblessness.
Napolitano reiterated that immigration reform simply cannot occur in piecemeal fashion. A comprehensive reassessment of worksite enforcement laws and criminal laws is the only viable prospect for solving immigration in the long term. “If you really want to deal with immigration,” she said, “it is best to take up the whole problem.” She also believes that just as the administration is confronting multiple problems at once, it is not beyond Congress’s capacity to multitask, that “[Congress] too can focus on many issues simultaneously.”
The DHS and other law enforcement agencies are doing all they can to tackle illegal immigration. Yet enforcement alone, however, will not end the problem. There are critical measures that must be passed by Congress in order to solve the present immigration problem and secure the long-term security and solvency of American civil society. Undaunted, Napolitano concluded simply by saying, “We can fix this.”
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On September 26, 2007, ten plaintiffs filed suit in response to an arrest of aday laborers at a public park in Danbury, Connecticut. Plaintiffs amended their complaint on November 26, 2007.
The amended complaint states that plaintiffs sought to remedy the continued discriminatory and unauthorized enforcement of federal immigration laws against the Latino residents of the City of Danbury by Danbury's mayor and its police department.
Plaintiffs allege that the arrests violated their Fourth Amendment rights and the Connecticut Constitution because defendants conducted the arrests without valid warrants, in the absence of exigent circumstances, and without probable cause to believe that plaintiffs were engaged in unlawful activity. In addition, plaintiffs allege that defendants improperly stopped, detained, investigated, searched and arrested plaintiffs. Plaintiffs also allege that defendants violated their Fourteenth Amendment rights when they intentionally targeted plaintiffs, and arrested and detained them on the basis of their race, ethnicity and perceived national origin. Plaintiffs raise First Amendment, Due Process and tort claims.
Plaintiffs request declaratory relief, damages and attorneys fees.
Today, Homeland Security Secretary Janet Napolitano spoke about the need for immigration reform at the Center for American Progress and made the strongest indication that a change to the current immigration policy will be addressed by Congress starting in early 2010.
On September 26, 2007, ten plaintiffs filed suit in response to an arrest of aday laborers at a public park in Danbury, Connecticut. Plaintiffs amended their complaint on November 26, 2007.
