Leaders of the Republican Party yesterday endorsed a path to “legal status” for some of the roughly 12 million unauthorized immigrants in the United States in a one-page statement of principles entitled “Standards for Immigration Reform.”
The Republican standards state that legalization needs to be at the heart of meaningful immigration reform. Left unsaid is that it needs to respect human rights if it is to be done fairly and effectively. Worryingly, the standards – which propose granting legal status to undocumented immigrants who admit to having broken the law, pass background checks, pay fines and taxes, learn English, and refrain from accessing public benefits – condition legalization on unspecified “enforcement triggers,” or benchmarks.
These “triggers” – having certain border security measures in place, presumably – could create indeterminate bureaucratic delays in the legalization process, particularly if they are set at unrealistic levels. This is a serious concern, because, as Human Rights Watch has detailed, every day that passes without legalization, undocumented immigrants are vulnerable to labor abuses, sexual assault, trafficking, and other serious crimes, and face deportation that can rip their families apart. Given the severity of the impact of these policies on families and immigrant communities, lawmakers should focus on providing legal status, even if it’s conditional, immediately.
On border enforcement, the Republican standards promise a “zero tolerance policy for those who cross the border illegally.” This, too, raises human rights concerns. We’ve documented how criminal prosecution (as opposed to civil regulation) of people for the simple nonviolent act of crossing the border unlawfully is overwhelming the federal criminal justice system and targeting many who repeatedly cross the border to be with their families. A “zero tolerance” policy in this area would be a step backwards.
Many commentators contend that the release of these standards signal a willingness by the Republican Party to pass immigration reform this year. We’re anxious for that to happen. However, legislators should adopt reforms that are consistent with the American and human rights principles of fairness, family unity, and protection for the most vulnerable.
