1986 Immigration Reform and Control Act, a.k.a. the Simpson-Mazzoli Act


And what was going on in the United States in 1986 besides big hair, parachute pants, the Iran-Contra debacle of the Reagan administration, and Falco, the one hit wonder with “Rock Me Amadeus”? Well, Congress was getting together with President Reagan for his signature on the new immigration reform bill called the “Simpson-Mazzoli Act”. Considering this mammoth piece of legislative effort contains over 41,000 words, the gringa will stick to the facts that resulted in significant change for the immigrant and American society.

It is interesting to note that today’s “undocumented worker” was yesterday’s “illegal alien” and also was the “unauthorized alien” of the 80’s. These immigrants who were already present in the country in 1986 could apply and gain legal status according to certain guidelines:

  • Immigrants had to provide proof of residency and employment since January 1, 1982
  • Immigrants had to have a clean criminal record (a felony and/or 3+ misdemeanors got you the reject notice)
  • Immigrants had to provide proof of registering with Selective Service
  • Immigrants had to meet a minimal level of understanding of U.S. history, government and the English language or be enrolled in these courses of study (if you were 65 years old or older they let you slide on this requirement).
  • Immigrants must apply within 18 months of the passage of the bill

The bill also contained provisions of temporary resident travel so these new temporary resident aliens could legally return to their countries of origin and visit family and return to the United States. The gringa is proud of this particular provision and the humanitarian recognition by the United States of maintaining healthy family bonds and connections. The Attorney General also had the freedom to waive certain requirements if it was in the interest of family unity. The gringa is certain that the United States is on the right track here.

Once an immigrant became a lawful temporary U.S. resident, they were disqualified from federally funded public welfare for five years. The gringa is sure this provision was included to satisfy the xenophobes who just KNEW these folks only wanted to come to America in order to freeload! However, individual State programs that had National School Lunch programs, vocational education programs, Headstart programs, and their own health services, as well as Social Security benefits individuals may qualify for, were not prohibited.

Because this immigration reform legalized many workers, the bill outlawed the practice of any employer hiring an unauthorized alien. However, enforcement of this provision was to be deferred during agricultural seasonal services. Hey, when the country’s gotta eat, we should all just look away, right? The gringa then must ask, “What’s an immigrant hopeful to think?” I mean really, come on, think this one through with some common sense. If it was common knowledge within the immigrant community the U.S. law meant that you could enter undocumented and law enforcement would simply ignore you if you happened to arrive at the right time of the year, what would you do? If you are an opportunity deprived and economically oppressed individual, you choose the cheapest, shortest and quickest way to get into the land of opportunity. You enter during the agricultural harvest season when the nation puts out the welcome mat and simply stay. You keep your head down part of the year and walk around boldly the rest of the year. The United States is in no position to criticize immigrants for taking advantage of the law of the land! The nation can’t be willing to turn a blind eye when it’s convenient for their belly then turn around and point the finger and blame the immigrant and ask them, “What the hell are you doing here?!”

Migrant agricultural workers who entered the nation seasonally were considered separate from the unauthorized aliens who met the above conditions. The migrant workers had a different visa with different qualifying guidelines. For the xenophobes who complain that immigrants come to this country and steal American jobs, consider this requirement of migrant worker guidelines: “Requires an employer H-2A visa petition to certify that: (1) there are not enough local U.S. workers for the job; and (2) similarly employed U.S. workers’ wages and working conditions will not be adversely affected.” It seems that plenty of jobs are available in the agricultural industry but Americans refuse the opportunity. So, don’t be pointing the “Stealing American Jobs” finger at the immigrant. This provision put the American first only allowing immigrants to fill the position when Americans refused. Also, fearful xenophobes, consider President Reagan’s 1977 radio broadcast statement, ““It makes one wonder about the illegal alien fuss. Are great numbers of our unemployed really victims of the illegal alien invasion or are those illegal tourists actually doing work our own people won’t do?” Way back then even the Gipper got it! Anti-immigration folks are recycling the same old arguments and, time after time, they are proven wrong.

One interesting stipulation regarding discrimination has the gringa scratching her head and tsk-tsking. The bill says it would be considered “unfair” for an employer to discriminate against an individual in hiring practices based on origin or citizenship. However, it would be considered NOT “unfair” if an employer preferred to hire a U.S. citizen or national rather than an equally qualified resident alien. The gringa asks, “Does not one of these statements negate the other?” Geniuses and Washington, the two do not go hand in hand. The gringa says, “Just one more law in favor of American laborers and protecting their right to work over the immigrant to use in an argument to shut up and shut down the anti-immigrant xenophobe crowd.” Mmph, take that!

For migrant workers, though, there was still an option to obtain residency status. During the 18 month registration period established by this bill, if they worked 90 days within one year in the agricultural industry they qualified for temporary residency and could travel between the U.S. and their country of origin. During the first five years of their new status, migrant workers are considered “eligible legalized aliens” and do have access to Federal assistance as well as state assistance for the first five years of their new status. Migrant workers were also entitled to legal assistance.

Cuban and Haitian entrants were granted permanent resident status if they arrived before January 1, 1982. This was because many of these immigrants were political refugees.

Considering the disaster of American children whose native mother was not married to an American G.I. and was left behind in Indochina in the aftermath of the Vietnam War and Cambodia conflict, the gringa is pleased to find that the U.S. was more socially evolved in 1986. Children qualified for status, benefits and privileges if even one parent obtains resident status, regardless of the marital position of the child’s parents.

All in all, close to 3 million immigrants were legalized. This is a significant chapter in American immigration history. However, according to the numbers, about 2 million unauthorized aliens were left running around America without proper “authorization”. Some of these didn’t qualify, so, everyone just assumed they would eventually get deported. Others would have qualified but didn’t know a thing about the program. No one really had a back up plan for this eventuality. The gringa is not surprised. I’m sure Reagan and Congress thought, “We’ve done enough. That headache can be for the next administration.” Yes, U.S. government, how the wheels turn.

Critics of this legislation called it “amnesty”.  The real definition of amnesty is “an official pardon for people who have been convicted of political offenses”. The gringa’s not sure that the term “amnesty” applies. Perhaps a better term for a path to citizenship would be “the right thing” or, maybe, “the smart thing” or, “humanity at its best”. Regardless of what you call it, there were plenty of critics then and now who considered it a big, fat failure because illegal immigrants poured into the country after its passage. The fantasy was, the gringa supposes, that politicians thought after the passage of this bill, somehow, by some miracle, there would never be another unauthorized alien that would enter the country. The gringa can only guess that perhaps they thought the immigrants that were here were the only ones that would ever want to be here and no other immigrants would arrive in the future. What a bunch of dummies.

The gringa thinks they should have expected immigrant hopefuls around the world to jump up and take notice and point their finger toward America, wide-eyed as they exclaimed, “DID YOU SEE THAT! THAT COULD BE ME!” And off they go, running as fast as their little foreign feet can carry them to the Home of the Free and the Land of the Brave. With a path to citizenship laid out and easy to qualify for, of course hopefuls would hotfoot it across the border if given the chance.

The gringa thinks the problem was not with the legislation. The gringa thinks the problem was with the lack of preparedness. It should have been, sign the bill then yell, “Katie, bar the door!” They should have seen it coming! Big sillies! They needed to have a stronger presence on the border. Why didn’t they? Money, of course. Even though there was a provision to beef up border security by 50%, it seems they still didn’t spend enough money! Or, quite possibly, as often happens in bureaucracies, the money was mismanaged. All you xenophobes who are crying about border security, well, its gonna cost you. Are you willing to pay? That means taxes to fund it. Take a look at your paycheck stub. Are you still willing to pay?

Another reason illegals continued to flood into the country is because the framers just weren’t good planners. The bill was not a failure as critics claim when they point to the fact that illegal immigration was never eradicated, but actually increased. It’s because the bill didn’t go far enough. It never occurred to the framers of the legislation that the country might just continue to grow and need more laborers. Just like any good capitalist free market system ruled by supply and demand, the U.S. labor market demanded laborers and the nation’s southern neighbors were only too happy to supply them. And that is the very reason we need immigration reform now. Most of these people are here to work and raise their families and educate themselves and their children. They need to be able to come out of the shadows and live with security as proud American citizens.

For today’s critics of amnesty who treat it like it’s a dirty word, listen to the words of a wise humanitarian: “I believe in the idea of amnesty for those who have put down roots and lived here, even though sometime back they may have entered illegally,” Ronald Reagan, in a 1984 televised debate with Walter Mondale. Former Wyoming Sen. Alan K. Simpson’s opinion on amnesty? “Anybody who’s here illegally is going to be abused in some way, either financially [or] physically. They have no rights.” How do today’s Republicans feel about Obama’s efforts to bring about meaningful immigration reform? Well, just listen to what Mitch McConnell had to say: “…take amnesty off the table…”

So, then, what really happens with the issue of immigration reform? Politicians stick to their tried-and-true methods of old. When their voter base is raising hell, but the politician is too afraid to tackle the realities of legislation that affects the lives of millions of people, they worry more about getting re-elected. They don’t really care about the plight of an oppressed, unrepresented class of people who are not registered to vote. It is safer for the politician to stir up constituents with anger toward the immigrant so the voters won’t ask for immigration reform, but, rather, just scream for mass deportation. But, the politician doesn’t want to do that either. I mean, think about it. If cowardly politicians actually started deporting people, deportees may have loved ones in the community that DO vote. Politicians don’t want to risk losing that potential vote. If the politician treads the murky waters of immigration reform with legalization in mind, he alienates xenophobes, racists and labor unions from his voter base. If he goes hard line on immigration reform, he risks alienating the voters of ethnic groups who see members of their own national origin being rounded up and oppressed. What’s a vote-hungry, cowardly politician to do? He continues to stir up fear, because fear mongering directs everyone to the subject of border control. It’s much safer for the politician to support funding of border security than deal with millions of human beings. So, basically, the United States never sees meaningful immigration reform because the politicians are cowards.

The gringa remains hopeful that in Obama’s lame duck years he will deliver on immigration reform because he doesn’t give a hoot about pandering for a vote. He is in the strongest position to do the right thing. He has managed to deliver on some other controversial, hot button issues. The gringa still has faith and sits on the edge of her seat to see what happens. In closing, the gringa defers to the wise words of President Reagan who remained a friend to the immigrant to the very day he left office in 1989 when he said this: “I’ve spoken of a shining city all my political life but I don’t know if I ever quite communicated what I saw when I said it. But in my mind it was a tall, proud city built on rocks stronger than oceans, windswept, God-blessed and teeming with people of all kinds living in harmony and peace; a city with free ports that hummed with commerce and creativity. And if there had to be city walls, the walls had doors and the doors were open to anyone with the will and heart to get here.”

Sources:

http://library.uwb.edu/guides/usimmigration/1986_immigration_reform_and_control_act.html

http://thomas.loc.gov/cgi-bin/bdquery/z?d099:SN01200:@@@L&summ2=m&% 7CTOM:/bss/d099query.html

http://www.washingtonpost.com/blogs/wonkblog/wp/2013/01/30/in-1986-congress-tried-to-solve-immigration-why-didnt-it-work/

http://asu.news21.com/archive/2009/the_first_immigration_amnesty/

http://abcnews.go.com/ABC_Univision/Politics/1986-amnesty/story?id=18971179

http://www.eeoc.gov/eeoc/history/35th/thelaw/irca.html

http://www.npr.org/templates/story/story.php?storyId=128303672

Photo credit:  www.fusion.net

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1917: The Year I Would Have Been Banned From The U.S.


Chapter 29 of the Second Session of the Sixty-Fourth Congress of the United States of America, February 5, 1917, passed “An Act To regulate the immigration of aliens to, and the residence of aliens in, the United States” (also called the “Asian Barred Zone” if you want to do some research yourself). If I had been alive and not a U.S. citizen at the time this legislation took effect, I would have been among the immigrant hopefuls who would have been banned from entry. I would have been a “defective” person on the “prohibited” list, an “undesirable”.  That’s what this piece of law was all about. The United States was expanding its category of people to discriminate against. Rather than list all the legal rigmarole that are the basic nuts and bolts of the wherefores and heretofores, the gringa will get to the heart of the matter. I will focus on the sections that express the minds and wills of the white majority of the United States in 1917.

Section one defines the term “alien” as any person not a native-born or naturalized citizen of the U.S., but specifically excludes the Native Americans of North America and the Native Islanders of U.S. territories. At this time the Philippine Islands and Hawaii were U.S. territories. Once the term alien was defined, the U.S. could then make it clear who was, and who was not, invited to the party. The following were to be banned from entry into the United States:

  • Idiots (good thing all those legislators got here before 1917)
  • Imbeciles
  • Feeble-minded
  • Epileptics (that would be me)
  • Insane persons
  • Anyone who had a single attack of insanity at any point in their life (that rules out pretty much everyone I know here in the barrio where shit gets real from time to time)
  • Persons with a “constitutional psychopathic inferiority” (At first I thought that must mean psychopaths, until I looked up the definition of those words according to that time period. “Constitutional” means a condition you are born with. “Psychopathic” means regarding the realm of the mind or emotions. “Inferiority” means sub-standard in function, adaptability and self-progress. So, persons who were born with a mind, or set of emotions, that was below average were prohibited.)
  • Alcoholics
  • Paupers
  • Professional beggars
  • Vagrants
  • Persons sick with a contagious disease
  • Persons with a mental or physical defect that would affect the ability to earn a living
  • Convicted felons of moral crimes
  • Polygamists (again, the Mormons)
  • Anarchists
  • Prostitutes
  • Contract laborers
  • Persons likely to become a public charge
  • Persons who had their passage paid for by another party
  • Stowaways
  • Unaccompanied minors
  • Asians not originating from a U.S. territory
  • Prior deported persons
  • Illiterates, unless returning residents or immigrating to escape religious persecution

The classifications of some of these people, such as, idiots, imbeciles, beggars, epileptics, feeble-minded, physically defective, etc., became the basis for a following trend in American municipalities to pass what were commonly called “ugly laws”. Not only did the white majority in America want a “white” America, they also wanted a “pretty to look at” America. It remains ironic that these same classes of people who were prohibited from entering the country would often pass by the Statue of Liberty in New York harbor, an icon of hope, bearing a plaque which read:

“Give me your tired, your poor,
Your huddled masses yearning to breathe free,
The wretched refuse of your teeming shore.
Send these, the homeless, tempest-tossed to me,

What a big, fat, American lie. And America’s been lying to everyone since the day the Puritans first set foot on the shores of Plymouth. The immigrants here in my barrio, however, are nobody’s fools. What I find incredibly interesting is that most of my immigrant neighbors are better educated on the true history of America than most native born Americans. Where they got a stiff dose of startling truth in mandatory world studies of their country of origin’s education systems, we native Americans get brainwashed with the propaganda machine our country created to make us good little American boys and girls, isolated from the rest of the world, and puffed up with a sense of superiority. Being a gringa in the barrio is a humbling experience. Especially when I realize that many of my immigrant neighbors were not on my country’s reject list like I, myself, would have been.

Sources:

http://library.uwb.edu/guides/usimmigration/39%20stat%20874.pdf

http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=2850&context=jclc

https://books.google.com/books?id=pXW69O5po3AC&pg=PA165&lpg#v=onepage&q&f=false

Photo credit:  en.wikisource.org

Dancing With Lightning


I met my husband at a dance club on New Year’s Eve many years ago (out of kindness to myself I won’t recount how many years ago).  I was there to have a beer and enjoy the music.  He was there to dance.  He doesn’t just love to dance.  He is a dance addict.  It is like a drug to him.  How do I know this?  I have seen him become another person due to the effects of this “drug”.  If I have really made him mad, where kindness, beer or chicken fail, dance will always save my bacon.  He’s always willing to make up by dance night.  I have also seen him make out of character decisions because of this “drug”.  Such as taking me again and again to a club I have made it very clear I HATE because the floor is so crowded and I get run over.  I even got my foot broken by some fool who smashed into me (not even an apology!).  But, caught up in the power of his addiction, and the lure of an absolutely awesome musical group he adores, he forgets my terror fueled hatred and pulls into that parking lot time after time.  In his frenzy to get his fix, his eyes glaze over so that, unable to focus, he is oblivious to the “you’re gonna pay for this” look on my face as he helps me out of the car.  Yes, he is an addict.  So, if I was gonna be his gringa, I had to learn to dance.  Which, in my case, is much easier than it sounds.

I grew up in a conservative little town that was firmly in the grip of the Southern Baptists.  At our school, it was against the rules for boys and girls to have any physical contact.  If brushing a pinkie against some sweetie’s elbow was a crime, you can be darned sure there were no school dances.  I take that back.  I remember one.  Yes, just one.  If you wanted to get your groove on you had to be old enough to drive to the next town.  You also had to be popular enough to be in on the location and time of the current party.  If you were lucky enough to get to one of these shin-digs, it was all Two-Step with maybe a splash of Rock-n-Roll once or twice.  So, when I met the caveman of my dreams, I knew nothing about Salsa, Merengue, or Cumbia.  But, hey, I was in love.  I was ready to learn.

Not only was I hindered by my lack of personal dance experience, I also had a medical condition that could make certain things about dancing very tricky.  Strobe lights were definitely out.  They put me in la-la land in about three minutes flat.  My poor little brain also gets a little freaky when expected to process visual information in any type of hurried fashion.

Take my college ballet fiasco for example.  My instructor was very serious about his art.  The whole eye/hand/feet coordination effort of mirroring his movements had my epilepsy zapping my brain like crazy.  It was like dancing with lightning.  During rehearsals one day, I finally gave up and improvised my own silly dance.  If you watched a lot of ‘I Love Lucy’ episodes, you can imagine, then, my style.  When my instructor noticed me in the mirror he stopped the class.  He slowly and deliberately walks over to me and stands silently before me, near enough that I can feel his breath blowing my 1980’s big-bangs.  Finally, after mulling over what to say in order to shame me in front of the whole class, he says, “You need to take a more serious approach to your performance.  That would include your facial expressions.”  I politely ask, “You’ve seen me dance, right?”  He takes a breath to speak, then clamps his lips together, twitches his head, cocking it to the side, and replies, “I think maybe you’re not a dancer.”  I laughed and said, “You would be right.  But I need a P.E. grade.”  Reaching his limit and raising his voice just a wee bit he tells me, “You should try the water aerobics.”  So, you see, my Twinkle-Toe Delight for a new lover had no idea what he was getting himself into when he met me that night so long ago.

The first few weeks of dating were quite interesting.  Several nights during the week I would go over to his house and he would teach me my steps.  Now, one thing I did learn from that college class was how to count steps.  I picked up the eight count of salsa rather quickly.  However, my new instructor did not count HIS steps.  He would be holding me close, guiding me through each movement, then, all of a sudden, he would release me and bust a move.  He was fantastic.  However, when he wanted to resume dancing together, I had been steadily doing my one, and a two, and a three, and a, “Hey, what the heck!  What am I supposed to do now?!  I don’t know where you’re at!  Don’t you count your steps?”  Juan would smile and say, “No. I just feel the music.”  Oh great.  He’s one of THOSE people.  So, now I’ve learned to be a psychic dancer.  We are great dancers, together.  I can’t dance with anyone else.  I’ve tried.  It’s a disaster.  So, it’s just us, Gringa and the Caveman, dancing with lightning for life.