American Dream with Age Discrimination

Published in UDN
(Taiwan) on 19 June 2012
by Chen-shen Yen (link to originallink to original)
Translated from by Cheechen Chan. Edited by Audrey Agot.
President Obama announced last Friday that illegal immigrants who have resided in the country for more than five years and are between the ages of 16 and 30 will be permitted to apply for work permits and to stay in the U.S. without having to fear deportation. Since this is an executive order rather than a congressional legislation, it will go into effect immediately and up to 800,000 [illegal immigrants] will benefit.

Republican presidential candidate Romney charged that Obama is courting voters with the hope of receiving more support in states with higher populations of Hispanic voters and a tense election atmosphere. Romney believed that it is crucial for such an important change of policy to be legislated through Congress and that an executive order alone is apparently political manipulation.

The United States is a nation of immigrants. Even though laws such as the Chinese Exclusion Act and laws which restrict Asian immigrants were adopted in the past, the U.S. basically welcomes legal immigrants to pursue their American Dream. In the past 20 years, however, due to the quota and restrictions that apply to legal immigrants, the number of illegal immigrants far exceeds that of the legal ones. Currently, there are approximately more than 10 million (according to nongovernmental estimates, up to 20 million) illegal immigrants in the U.S. and at least half of them are from Mexico. Although the U.S. has stepped up border patrols and arrests at the more than 18,000 mile-long US-Mexican border and has deported more than 300,000 people every year, there continues to be illegal immigrants crossing the border and entering the U.S.

If there were no demand for cheap labor, there might not be this many illegal immigrants. But when such demand exists, attempts to prevent immigrants from crossing the border become arduous. With the Immigration Reform and Control Act of 1986, the U.S. came to deal with the issue of illegal immigration by penalizing employers who knowingly hired illegal labors with the hope of reducing their incentive to do so. Nevertheless, at the same time, amnesty was granted to those who illegally entered the U.S. before 1982. Not only does this indirectly encourage the illegal act, but it also resulted in 280 million people becoming legal residents overnight. In the next quarter of a century, there continues to be steady influx of illegal immigrants into the country. They believe that as long as they hide long enough, they will be granted amnesty in the end. After all, America has given amnesty on numerous occasions. Thus, they feel that they might be fortunate enough to benefit from this provision.

It is not that the U.S. Congress does not want to deal with the issue of illegal immigration, it is just that the Development, Relief, and Education for Alien Minors (also known as the DREAM Act) —proposed in 2001 by Obama’s best friend, Democratic Senator Dick Durbin from Illinois, and Republican Senator Orrin Hatch from Utah— has lain dormant in the Congress for more than 10 years. It is no wonder that Obama simply shifts to executive order.

Basically, individuals who meet these requirements under the DREAM Act can avoid being deported: arrive in the U.S. prior to 16 years of age, live in the country continuously for at least five years, graduate from U.S. high schools, register in the military service, be of good moral standing and have no criminal record. In addition, they can also apply for students loans, acquire degrees from institutions of higher education, obtain driver’s licenses, apply for work permits and maybe even qualify for legal residency. In contrast to what the U.S. Congress has not been able to accomplish, Obama has, by virtue of executive order, given a ray of hope to hundreds of thousands of illegal immigrants’ children.

This seemingly humane executive order has too many political elements to it. Obama hopes that Latino votes in such states as Colorado, Nevada, New Mexico and Florida can be his key to winning; his political calculations are inevitable. However, this order can only be applied to young people who can contribute to the country’s manpower, have a certain level of education, can enter workforce and are able to make tax contributions, and not to their parents who have traveled thousands of miles, enduring countless hardships, to bring them to this country to pursue their American Dream. This is clearly utilitarianism with age discrimination. How can the Democratic Party, which represents the voice of the underprivileged and the vulnerable, go against its own ideals?


【聯合報╱嚴震生/政大國關中心美歐所研究員(台北市)】

美國總統歐巴馬上周五宣布在美國居住超過五年以上、十六到卅歲的非法移民子女,無需擔心被遞解出境,並且可以申請工作證,留在美國。由於這是透過行政命令,而非國會的立法,因此將立刻生效,受益者約有八十萬人。

共和黨總統候選人羅姆尼指控歐巴馬在討好選民,希望在西裔選民較多、且選情緊繃的州,獲得較多支持。羅姆尼認為如此重要政策的改變,應透過國會立法,才有正當性,單憑行政命令,顯然是政治操作。

美國是移民國家,儘管過去曾通過排華法案及限制亞裔移民的法案,但基本上是歡迎合法移民追尋他們的美國夢。不過由於合法移民有配額及其他限制,因此過去廿多年來,非法移民的人數超過合法移民的人數。美國目前約有超過一千萬的非法移民(民間的估計最多高達兩千萬),其中至少一半以上是來自墨西哥。雖然美方已加強美墨之間超過三千公里邊界的巡邏和緝捕,每年遣返卅多萬人,但仍不斷有非法移民跨越邊界,進入美國。

如果美方對廉價勞力沒需求,或許還不會有如此多的非法移民,但是當需求的事實存在時,就很難完全防堵他們的越界行為。一九八六年的移民改革暨管控法,坦然面對美國的非法移民問題,希望透過懲罰明知故犯的僱主,來降低誘因。不過,此法案同時亦大赦那些在一九八二年以前入境的非法移民,等於間接鼓勵此違法行為,讓兩百八十萬人一夕之間成為合法居民。此後的四分之一世紀中,非法移民不斷湧入美國,堅信只要藏匿夠久,最終一定能夠等到大赦,畢竟其後美國還進行了多次大赦,因此還是心存僥倖。

美國國會並非不想處理非法移民的問題,歐巴馬希望其通過的「未成年外國人的發展、救濟和教育法案」(Development,Relief,and Education for Alien Minors),簡稱築夢法案(DREAM Act),由歐巴馬好友、來自伊利諾州的民主黨參議員杜賓和來自猶他州的共和黨參議員海契在二○○一年提出,至今已躺在國會超過十年,也難怪歐巴馬乾脆改採行政命令。

基本上,築夢法要求他們進入美國前必須低於十六歲,至少居住五年、完成高中學歷、登記願意服役、具良好的人品,在沒有任何不良犯罪記錄下,就可避免被遞解出境。他們還可申請就學貸款,進大學讀書,取得駕照,當然也能申請工作許可,有機會成為合法居民。國會未能做到的,歐巴馬憑藉行政命令,讓數十萬的非法移民孩子,有了一線生機。

這個看似很有人道精神的行政命令,有太多的政治考量,歐巴馬希望在五五波的科羅拉多、內華達、新墨西哥及佛羅里達等州,拉丁裔的選票能夠成為他致勝的關鍵。歐巴馬的政治算計,在所難免,但是這道行政命令僅適用於能夠提供美國兵源、有一定教育水準、可以投入職場、貢獻稅收的年輕人,而不是跋山涉水、千辛萬苦,帶領他們想要完成美國夢的父母,顯然是具有年齡歧視的功利考量,代表弱勢聲音的民主黨豈能背棄它的理想?
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