Dear President-Elect Trump,
I know you are a straight shooter, so I too am going to go directly to the point: let us put politics aside and talk about what’s really best for America in terms of immigration policy. As a first generation American, as an advocate for immigrant rights, as a member of the largest association of immigration lawyers in the U.S. (the American Immigration Lawyers Association), and as someone who loves this country, I am reaching out to you, to ask you to consider different perspectives before you make the crucial choice of who will lead the Department of Homeland Security (DHS), setting the tone for your immigration policy for the next four years.
Securing the borders and ensuring that no criminals enter the U.S. are certainly crucial policy goals. Nevertheless, appointing a DHS Secretary who holds an enforcement-only ideology and is perceived as anti-immigrant and anti-Hispanic, will not only lead to more political division, but also will devastate our country in many other ways.
President Obama deported more immigrants than any other President in US history – over 2 million since 2009. At the same time, he instituted various executive actions and policy changes that helped to lessen the negative human impact of mass deportation.
First, by devising a hierarchical system of deportation priorities, the DHS was tasked with exercising prosecutorial discretion to apprehend criminal aliens first and then recent immigration violators (those who had entered the U.S. illegally in the last three years). In this way, some immigrants with extensive ties and time in the US were spared human indignity and separation from their U.S. citizen and/or Permanent Resident family members. In fact, many undocumented persons have deep ties to the U.S., with 58 percent of undocumented immigrants residing here for at least 10 years.
Second, the Obama administration instituted deferred action status or “DACA” for young persons who, through no fault of their own entered the country illegally, but have become contributing, law-abiding members of American society. These hard working young people now have two-year employment authorization cards and are considered to be in periods of authorized stay. Some 700,000 people benefit from DACA today.
Finally, the Obama administration expanded the pool of persons eligible for waivers of unlawful presence. Many undocumented persons have U.S. citizen family members and are trying to normalize their status, but because of a complicated system of restrictive immigration laws, they are prevented from lawfully reuniting with their family members. These persons, after showing extreme hardship to U.S. citizen or Lawful Permanent Resident spouses or parents, may in some cases be eligible for waivers or a pardon of their unlawful presence.
The policies instituted by the Obama administration are crucial to keeping families together and avoiding unnecessary pain and suffering. They are also inline with the thinking of most Americans who favor a pathway to citizenship for undocumented individuals. In fact, according to a 2015 Gallup Poll, most Democrats and about half of Republicans support legalization.
As a successful businessman, you’ll be glad to know that Obama’s policy measures also make economic sense. The contributions of immigrants, both documented and undocumented, to the United States are undeniable. 36 percent of undocumented immigrants have family incomes at or over 200 percent of the poverty line. According to the Pew Research Center, an estimated 8 million undocumented immigrants were employed in 2014, making up 5 percent of the national workforce.
Contrary to belief, most undocumented people pay taxes and contribute to our way of life. This is so even though they get no social security or Medicare benefits in return. A study conducted in early 2016 by the Institute on Taxation and Economic Policy confirms that undocumented immigrants pay a total of $11.6 billion/year in taxes ($1.1 billion in personal income tax, $3.6 billion in property tax, and $6.9 billion in sales and excise tax). Mass deportation would gravely fracture American society, negatively impact businesses, and hurt the economy.
I know the numbers are important, but a strong moral imperative also mandates building upon President Obama’s immigration policies and for choosing a DHS Secretary who is willing to work with immigrant advocacy groups and compromise on immigration. After all, most Americans support immigration reform and some sort of legalization for undocumented immigrants.
As you aware, the symbol of our country, and perhaps the very personification of the American Dream is our Statue of Liberty. This is a country where those seeking refuge have a chance to start over and be free. I myself am an immigrant, the proud owner of a small business in Bethesda, Maryland employing eight professionals. I am also the child of political refugees. My parents were exiled from the Pinochet dictatorship in Chile in 1973. They went to Holland first and then to the U.S. and became well-known, tax-paying, successful and contributing members of society. My father became one of the first Hispanic Law School Deans in the United States. Immigrants from all places and backgrounds, if given the chance, can do great things for our country. I hope you will select a DHS Secretary who recognizes that immigrants have contributed to the success of this nation and will continue to “make America great again.”
DHS and every other enforcement agency must continue to have the discretion and the right incentives to choose deportation priorities based on rational, not political factors. Keeping America safe by focusing on those who present real threats to our national security and public safety—not families and long-time residents--is the right focus. Similarly, it is imperative that we continue with and expand the DACA program for deserving young immigrants, as well as other policies which aim to unify families.
I know you have many competing interests, not least protecting American jobs. But let us work together to help fellow Americans without trampling on the human and civil rights of our fellow human beings. I hope you will meet with lawyers from the American Immigration Lawyers Association, as well as other advocacy groups, to pick a DHS Secretary and devise an immigration policy that represents a middle ground on the important issue of immigration. To do so will send the important signal that you are truly a President for all Americans.