[1] Illegal immigration is extremely controversial in the United States, receiving much attention in recent decades yet yielding little legislative consensus or action.
[2] As of 2022, the DACA program is prohibited from adding new beneficiaries but has not been ended or struck down due to the Supreme Court's 2020 decision in Department of Homeland Security v. Regents of the University of California.
Notable examples of reform being enacted is the guest worker proposal supported by President George W. Bush, and the Border Security, Economic Opportunity, and Immigration Modernization or "Gang of Eight" bill which passed the U.S. Senate in June 2013 [citation needed].
[9] As of 2022, the DACA program is prohibited from adding new beneficiaries but has not been ended or struck down due to the Supreme Court's 2020 decision in Department of Homeland Security v. Regents of the University of California.
[11] Former Mexican president Vicente Fox wrote that, in 2001, President George W. Bush and the leadership of both parties of Congress were ready to pass significant immigration reform legislation benefiting Mexican emigration to the U.S.[12] The immigration reform that Bush and Fox hoped for was put on hold after the terrorist attacks of September 11, 2001.
[14] The legislative negotiations and national activism behind immigration reform from 2001 to 2007 is the subject of the 12-part documentary film series How Democracy Works Now.
These six sections were: Individual states can only regulate or produce immigration policies to the extent it doesn't conflict with federal law, due to the naturalization clause being one of the enumerated powers of Congress.
The study reported that during a period of high national attention to immigration, anti-immigration attitudes among established residents in fast-changing counties increase by 9.9%.
[21] Raúl Hinojosa-Ojeda, founding director of the North American Integration and Development Center at the University of California, Los Angeles, has estimated that in just the first three years following legalization for undocumented immigrants, the "higher earning power of newly legalized workers translates into an increase in net personal income of $30 to $36 billion, which could generate $4.5 to $5.4 billion in additional net tax revenue.
[29] Citing Congress' failure to enforce U.S. immigration laws, the state of Arizona confronted reform and on April 23, 2010, Republican Governor Jan Brewer signed the Support Our Law Enforcement and Safe Neighborhoods Act (Arizona SB 1070)-- the broadest and strictest immigration reform imposed in the United States.
These groups have identified several issues that threaten the due process rights of immigrants, including reliance on low quality videoconferencing to conduct hearings, inadequate language interpretation services for non-English speakers, and limited access to court records.
They also focus on problems arising out of the recent increase in immigration law enforcement without a commensurate boost in resources for adjudication.
Immigration Judges and DHS Trial Attorneys are overworked, and the pro bono community has been unable to meet the demand for representation: 49% of individuals facing removal proceedings in 2011 were unrepresented.
The Deferred Action for Childhood Arrivals program President Obama announced on June 15, 2012, is an example of the incremental reform sought by such groups.
Under the program, illegal immigrants who were brought to the U.S. before age fifteen can apply for a work permit and a two-year deferment from deportation proceedings.
[50] The policies envisioned by the Senators include the following provisions: In April 2013, according to Congressional Quarterly, the existence of a bipartisan group of lawmakers working to reform immigration was revealed during a question and answer session at a Ripon Society event with House Speaker John Boehner (R-OH).
[53] The bill was a product of bipartisan cooperation among Senate lawmakers, business groups, labor unions, agricultural interests, and immigration advocates, who negotiated many compromises resulting in an architecture for reform – including a path to citizenship for eleven million illegal immigrants, a temporary worker program, increased visa numbers for skilled foreign workers, and a nationwide employment eligibility verification system.
[54] On June 27, 2013, the United States Senate approved S.744, known as the Border Security, Economic Opportunity, and Immigration Modernization Act of 2013 in a historic 68-to-32 vote.
Mexico and Central American countries have since taken measures to try to reduce the flow, the U.S. border patrol has sought to speed apprehensions, and the Obama administration has requested additional funding for screening and deportation, and tougher penalties on smugglers.
[57][58] On November 20, 2014, in a televised address from the White House, President Barack Obama announced a program of "deferred action" which would allow roughly 45% of illegal immigrants to legally stay and work in the United States.
[60] Up to 3.7 million undocumented parents of individuals who are U.S. citizens, or who have been legal permanent residents in the country for at least five years, are eligible for the new deferrals, as are about 300,000 immigrants who arrived as children before January 2010.
Supplemental executive actions also announced include an end to the Secure Communities program, increased resources for border enforcement, and new procedures for "high-skilled immigrants".
President Obama's actions were clearly presented as a response to Congress having been unable in recent years to agree on a general legislative overhaul of U.S. immigration policy.
[65] On February 12, testifying before the House of Representatives, officials from Ohio and Kansas stated that, due to the actions of the Obama Administration, it was difficult to determine whether illegal immigrants had registered to vote.
The Senators claimed that, despite the rigorous repercussions for falsifying registration information, a considerable number of still illegal immigrants might take advantage of the ongoing and adapting bureaucratic efforts on the part of those filtering the applications.
[66] On February 16, 2015, Judge Andrew S. Hanen, of Federal District Court in Brownsville, Texas, issued a temporary injunction[67] against the Deferred Action for Parental Accountability (DAPA) program.
On February 17, 2015, just one day before undocumented immigrants were set to begin applying for work permits and legal protections, Homeland Security Secretary Jeh Johnson announced a delay in implementing the DAPA program, but also said that the district court ruling would be appealed.
[70] Judge Carolyn Dineen King dissented, arguing that prosecutorial discretion makes the case non-justiciable, and that there had been "no justification" for the circuit court's delay in ruling.
[71] On June 15, 2017, Trump's Homeland Security Secretary John F. Kelly announced that the order establishing the DAPA program was rescinded.
[72] On April 16, 2015, Donald Trump suggested that a wall be built on the Mexico–United States border to prevent people from entering the country illegally.