Government and Politics

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Overview

Today's immigration laws are the subject of intense lobbying by a small but well-organized coalition of interest groups, ranging from business and libertarians to immigration attorneys to leftist and ethnic pressure groups. As is the case in other areas of policy, those on one side, the advocates of high levels of immigration, have much to gain, while the costs of high immigration are more dispersed and less likely to give rise to intense political activity.

In 2006 and 2007 the issue of immigration reform was discussed in Congress. In 2006 the House of Representatives and the Senate produced conflicting bills. The House focused on enforcement, while the Senate bill would have given amnesty to a majority of illegal aliens already in the country as well as dramatically increase legal immigration. Although the bills passed their respective chambers, no compromise was reached. In 2007, the Senate again attempted debated amnesty legislation. The bill had bipartisan support in the Senate but was widely unpopular with the American public. As pressure built on members of the Senate, the bill failed to pass a cloture vote, essentially killing it.

Due to the failure of Congress to pass legislation and decades of poor enforcement, many jurisdictions are taking on the issue themselves. States have passed a variety of laws ranging from comprehensive enforcement bills to stand-alone laws focusing on specific issues, like day-labor center or driver’s licenses. States passed a total of 240 immigration-related laws in 2007; fewer than 100 had been passed in each of the two prior years. Many of the enforcement measures have been challenged in court by the ACLU and other groups. Some have failed to stand up to these challenges but many have prevailed, especially at the state level.

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