A thorough exploration of and compassionate solutions to current U.S. immigration policy
Although the United States is a nation founded by immigrants, Alberto Gonzales and David Strange believe that national immigration policy and enforcement over the past thirty years has been inadequate. This failure by federal leaders has resulted in a widespread introduction of state immigration laws across the country. Gonzales and Strange assert that the solution to current immigration challenges is reform of federal immigration laws, including common sense border control, tougher workplace enforcement, minor (but significant) changes to the Immigration and Nationality Act, and a revised visa process that discourages overstaying the duration of a visa.
Gonzales and Strange embrace many provisions of current pending legislation, but are sharply critical of others. Their proposals call for an expansion of the grounds of inadmissibility to foster greater respect of law and to address the problem of visa overstays, while also calling for a restriction on grounds of inadmissibility in other areas to address the large undocumented population and increasing humanitarian crisis. They explore nationality versus citizenship and introduce a pathway to nationality as an alternative to a pathway to citizenship.
This immigration policy blueprint examines the political landscape in Washington and makes the argument that progress will require compromise and the discipline to act with compassion and respect. Most significantly, it illuminates how following this blueprint can enhance national security and improve the economy in the United States in ways that is consistent with the rule of law.
About the Author
Alberto R. Gonzales is former counsel to the President and United States Attorney General under the George W. Bush administration. He is currently the Dean of the Belmont University College of Law, where he holds the Doyle Rogers Distinguished Chair of Law.
David N. Strange is a managing partner at the law firm of Whittenburg Strange & Walker, P.C. He is also an adjunct professor of law at the Texas Tech University School of Law.
Table of Contents
Selected Abbreviations xvii
Chapter 1 Basics of U.S. Immigration Law 3
Chapter 2 Strategy for Success 10
Chapter 3 The Known and Unknown Challenges of Unauthorized Immigration 23
Chapter 4 Federalism and the Case for State Action 33
Chapter 5 Objectives and Obstacles to Federal Policy 46
Chapter 6 Securing Our Borders 59
Chapter 7 Workplace Enforcement 73
Chapter 8 Revising the Visa Process 89
Chapter 9 Amending the INA 98
Chapter 10 Dealing with the Children of Unauthorized Immigrants beyond High School 109
Chapter 11 Mexico's Impact 120
Appendix 1 Nonimmigrant Visas 137
Appendix 2 Relevant Sections of Law Pertaining to U.S. Nationality 147
Appendix 3 Proposed Amended INA § 245(i) 151
Appendix 4 Proposed Amended INA § 249 155
Appendix 5 Proposed INA § 212(a)(6)(H) 163
Appendix 6 Proposed Amended INA § 212(a)(9)(B) and Deletion of INA § 212(a)(9)(C) 165