Mexican families & United States immigration reform.
Fordham Urban Law Journal › Vol. 38 Nbr. 1, November 2010
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Mexican families & United States immigration reform.
ABSTRACT
This essay argues that we should understand U.S. immigration policy as a series of bi-national relationships rather than as a single, user-indifferent interface. Applying this regulatory approach to Mexican labor migration (i) allows a more accurate definition of the migrating person in the context of the family he seeks to support; and (ii) highlights the United States' duty to provide for Mexican families. Abstract Introduction I. Field Definition A. Bi-State Methodology B. Choosing Mexico C. Defining the Migrating Person II. If You Have the Facts, Argue the Facts III. If You Have the Law, Argue the Law Conclusion INTRODUCTION "If you have the facts, argue the facts. If you have the law, argue the law." This old lawyers' adage captures the profile of current debates about reforming U.S. immigration policy. Well-intentioned people, some armed with the facts and others with the law, talk past each other. Advocates of strict enforcement finger well-worn copies of the statutes and color their opponents as scofflaws. Proponents of a comprehensive legal re-write brandish social and economic data and suggest that their antagonists are being fastidious about the ancillaries. This essay suggests that immigration reform should correlate the law with the facts. Part I of this essay clarifies several elements necessary to define the field and initiate the analysis. The essay utilizes a bi-state approach to immigration. I will argue that U.S. immigration policy ultimately owes a duty to Mexican families. Part II briefly reviews some of the data describing migration patterns, and Part III shows the lawful means of entry that the immigration system provides for migrants from the defined field. The essay concludes by summarizing some recommendations of how the U.S. may better regulate Mexican migration. 1. FIELD DEFINITION It is important to first define, then to measure, and finally to regulate. Therefore, Par...See the full content of this document
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