The White Houseās recentĀ executive actionĀ on immigration doesnāt change any law or grant anyone citizenship. Yet itās been hailed by liberal advocates as a victory and āboldā step toward comprehensive reform. Conservatives, meanwhile, have branded the move āunconstitutionalā and have threatened to thwart it in court.
In reality, Obama isĀ simply promisingĀ to allow some immigrants who āplay by the rulesā to finally āget right with the lawā ā under a legal regime built on the systematic abuse of some of the most disenfranchised people on American soil. The measure may provide short-term relief from deportation for millions, but a majority of the undocumented are left out. Their communities will remain under siege from a discriminatory legal system and a xenophobic political establishment.
Obamaās reprieve mirrors the existing Deferred Action for Childhood Arrivals (DACA), a program that since 2012 has offered work authorization andĀ deferral of deportation, renewable every two years to unauthorized immigrants who came as children. The new measure promises similarly limited relief forĀ several millionĀ parents of citizens or legal-resident children ā on the condition of five or more years of residency, a background check, and payment of taxes ā and also expands eligibility for the current DACA program.
The order could temporarily alleviate the threat separation for millions of families in legal limbo (for those who manage toĀ overcomeĀ fear and bureaucratic barriers to apply). In 2012,Ā an estimatedĀ 16.6 million people nationwide lived in mixed-status households, with one or more undocumented members.
Extending DACAās protections to parents is a politically safe move, as the programās roll-out has been relatively smooth, defying conservative fears that chaos would result from āamnesty.ā Generally, the hundreds of thousands of young people who have gotten āDACA-mentedā have continued attending school and working as they normally would, just with the extra security of knowing they wonāt suddenly be shunted into deportation proceedings or fired for lacking papers. A major portion of beneficiariesĀ have reportedĀ gains in employment and obtaining basic provisions like bank accounts.
Yet the limits of DACAās supposed success story were made tragically clear when the White House announced that parents of DACA-mented youthĀ would be excludedĀ from the new reprieve. That is, the administration hasĀ cut off the familiesĀ of the youth who have been propelling theĀ immigrant rights movementĀ with mass protestsĀ andĀ civil disobedienceĀ actions across the country. The hopes of these youth have been sidelined once again in Obamaās latest āconcessionā to immigrant advocates, revealing simmering tensions between the reform lobby in Washington and theĀ grassroots mobilizationĀ in the streets and at the border.
Noting that his measure isnāt a permanent fix, Obama has called on Congress to pass a long-delayed immigration reform bill. Yet the modest scope of his executive action reveals how arbitrarily the process of āreformā is handled in Washington, whether by legislation or administrative decree.
The arbitrary adjustment of the divide between those who supposedly deserve legal status, and those who somehow donāt, reflects the fundamental irrationality of immigration law ā which is based onĀ a tangle of policiesĀ that govern contract labor, humanitarian protocols, family-based reunification schemes, and draconian law-enforcement measures.
The executive action also perversely ties āborder securityā to deportation relief. While it plans to end a program that uses local police to help apprehend undocumented immigrants, the administration will now focus on deporting so-called ācriminalsā and newly arrived immigrants at the border. But civil-rights groups have historically condemned such enforcement efforts for subjecting non-citizens toĀ brutal policing,Ā denial of due process, andĀ arbitrary detention tactics.
The measure does promise to strengthen some protections for immigrants, such asĀ expandingĀ the use of protective visas for crime victims. But this legal relief is primarily limited to those who manage to report violations, leaving out the millions who remain ādeportableā and silenced by fear, and thus extremely vulnerable to abuse and exploitation as an intrinsic result of their precarious legal status.
And while the relief plan will not allow immigrants to obtain certain benefits like federal healthcare subsidies, they will still have to pay their āfair shareā ofĀ taxes. In effect, immigrants will be penalized for their exclusion from the regular workforce.
The White House also sweetened the deal for the powerful Silicon Valley lobby byĀ easingĀ the process for importing high-tech workers through specialized employment programs. The program, however, offers no special relief to another key workforce: the farmworkers who stream into the country each year to harvest crops, most of which are Latino immigrants. The imbalanced treatment of tech versus farm labor underscores how immigration policyĀ privilegesĀ business interests over worker interests.
In contrast, some grassroots advocates are fighting for a more humane system, demanding a human rights-based migration policy that addresses theĀ structural issuesĀ that drive migration, including āfree tradeā deals and low-wage, temporary āguestworkerā programs.
The National Guestworker Alliance,Ā which represents immigrants who work as contract laborers in sectors ranging from housekeeping to forestry, demands an immigration overhaul that elevates the rights of workers so that ālegalizationā not only means access to work but also to the universal right to organize a union without fear of retaliation.
Similarly,Ā We Belong Together, a coalition focused on immigrant womenās issues, calls for reform that prioritizes the rights of families and respect for the labor of women in all its forms, including work in households and the informal economy. They push immigration policies that condition eligibility for legal status on āproof of work,ā which has the side effect of āleaving out millions of women and de-valuing womenās work.ā
Obamaās deportation reprieve does not bring justice to the millions of people without papers, who are criminalized for simply trying to live and work with dignity. Until immigration policy takes into accountĀ the social, economic, and gendered dynamics of global migration, it will always be a regime of exclusion.
Temporary relief means little when the overarching structure of immigration laws continues to fuelĀ economic exploitation and racial segregation, undermines human rights, and divides communities.
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