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Draft

UN SDG Target 10.3.4 & Target Action Plan #15

15. Provide Humane, Constitutional Immigration Laws and Practices Considering that the U. S. Purchased 2/3rds of Mexico for $20 million in 1848 at Gun Point

(Updated June 27, 2016)


Please consider this plan as an ever-evolving e-document, awaiting your proposed additions and recommendations which can be forwarded to PeopleNow.org by email refinetheplan@peoplenow.org or fax: to 703-521-0849

 

15.1    Introduction


This document outlines how to provide humane, constitutional immigration policies, laws and practices.



Table of Contents

 

15.1    Introduction

 

15.2    Purpose

 

15.3    Objectives

 

15.4    Actions

           15.4.1 Cease all deportations, family separations and illegal detentions and insure all rights are observed for all people regardless of their immigration status

           15.4.2 Set Aside the Immigration and Nationality Act of 1952 as Amended and Replace with Humane, Constitutional Immigration Law and Practices

           15.4.3 End the system in which millions of workers and their families live in fear and are subject to economic exploitation

 

15.5    Background

 

15.6    Bibliography



 

15.2    Purpose


Eliminate unconstitutional, immoral, wrongful, unlawful, disrespectful and/or discriminatory immigration laws and regulations and promote appropriate legislation, policies and action to compensate documented and undocumented immigrants who were impacted by these laws.

 

15.3    Objectives


To vacate as null and void unconstitutional rulings and laws and implement and enforce constitutional moral and humane immigration policies and laws.

 

15.4    Actions

 

15.4.1 Cease all deportations, family separations and illegal detentions and insure all rights are observed for all people regardless of their immigration status in particular the right to assistance of counsel. See: What Process is Due? A Return to Core Constitutional Principles in Immigration by Aarti Kohli, The American Constitution Society (ACS)                                    

http://www.acslaw.org/sites/default/files/Kohli_-_What_Process_is_Due.pdf

 

15.4.2 Set Aside the Immigration and Nationality Act of 1952 as Amended and Replace with Humane, Constitutional Immigration Law and Practices Immigration and Nationality Act of 1952 (Pub.L. 82–414, 66 Stat. 163, enacted June 27, 1952), also known as the McCarran–Walter Act. See http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1952

 

15.4.3 End the system in which millions of workers and their families live in fear and are subject to economic exploitation. There is no place in our country or the world for second-class status.

 

15.4.4 Sets aside all of Arizona’s SB1070 and similar legislation.

 

15.4.5 Take measures to reduce the underlying causes of increased immigration:

 

15.4.5.1          Replace free trade agreements with fair trade agreements,

 

15.4.5.2          Eliminate subsidies for and ban dumping of, corn, wheat and other commodities.

 

15.4.5.3          Increase foreign aid and assist other countries/areas to produce what they need.

 

15.4.6 Rescind funding for the immigration border fence

 

15.4.7 Refine and pass the USA Family Act (HR 440 or equivalent) which will:

 

15.4.8 Offer immigrants a clear road map to legal status in the United States.

 

15.4.9 Grants legal permanent residence to immigrants who have been living in the U.S. for five or more years.

 

15.4.10           Offer conditional legal status and work authorization to all law-abiding immigrants living in the United States for less than five years.

 

15.4.11           Revoke current laws that bar certain people who live abroad from re-entering the U.S. for a period of three to 10 years, as well as portions of the law that place immigrants at risk of deportation for having committed minor, nonviolent offenses in the past.

 

15.4.12           Protect the rights of all the people, including immigrants, [protected and fair and constitutional policies and practices put in place for all its people including immigrants. These policies and practices should recognize that the U.S. is an immigrant nation and affirm that we are a nation of the people and for the people, not just the citizens. Constitutional and other rights apply equally to all the people of the U.S., not just citizens. Certain immunities and privileges such as voting are reserved for citizens.

 

15.4.13           Ensuring that migrants are employed under just and equitable conditions. This line of work aims to improve conditions for all workers by putting migrants on an equal footing with the local workforce. The assumption is that when migrants are subject to poor conditions, unfair practices, and exploitation, conditions for all workers are diminished. The International Migration Initiative’s aim is to ensure that employers adopt ethical recruitment practices, that migrants have the flexibility to change employers without jeopardizing their legal status, and that migrants get what they are promised.”

 

15.4.14           Promoting access to legal channels and protections throughout the migration process. This line of work addresses problems stemming from policies focused on deterring migration. The assumption is that security-centered policies do not stop migration, and instead put migrants at risk. Policies that maximize options for movement through safe, legal channels will decrease both the human costs of migration and spending on migration control and border enforcement. The International Migration Initiative seeks to ensure that alternative migration channels extend protections to more people, that asylum systems and migration policies respond to the pressure of mixed flows, and that states detain migrants only as a last resort.”

 

“To achieve Actions 15.4.13 and 15.4.14, the International Migration Initiative aims to fill three gaps in the field: 1) it works across borders through a strategic corridor approach, facilitating coordinated action in countries of origin, transit, and destination; 2) it catalyzes policy innovations through high-level engagement with policymakers and support for advocacy; and 3) it strengthens civil society to advance reforms both nationally and across corridors.” (From the Open Society Foundations’ International Migration Initiative.)

 

15.5    Background

 

15.5.1 The U.S. cannot continue with a system in which millions of workers and their families live in fear and are subject to economic exploitation. There is no place in our country or the world for second-class status.

 

15.5.2 The U.S. must acknowledge and affirm that:

 

15.5.2.1          We are a nation of the people and for the people, not just citizens.

Constitutional and other rights apply equally to all the people of the U.S., not just citizens. Certain immunities and privileges such as voting are reserved for citizens.

 

15.5.2.2          The U.S. is an immigrant nation

 

15.5.2.3          That the U.S. Purchased 2/3rds of Mexico for $20 million in 1848 at Gun Point Footnote . In 1848, with their troops occupying Mexico City, Americans forced Mexico to cede over half its national territory for twenty million dollars. The sold area included what would later become the western half of Texas, New Mexico, Arizona, California, Nevada, Colorado, Utah and part of Oklahoma - the Southwest of the United States.

 

15.5.2.4          Out of the Southwest in the second half of the 19th century would come half of the United States' total mineral wealth, including gold, copper and oil; the ranching industry; and California, which includes what is perhaps the richest agricultural area in the world. It is doubtful that without this windfall bonanza of wealth the United States would have been propelled in fifty short years to the first rank of world powers. It is also doubtful that if the area had remained a part of Mexico that the severe first world/third world inequality that exists between the two most populated countries of North America would be nearly as severe as it is today Endnote .


In an increasingly connected world where goods, information and money move freely, people are sure to follow. Therein lies both an opportunity and a challenge for the United States.


The major lesson learned from past reforms is that harsh, punitive measures, both in criminal and civil immigration law have not deterred unlawful immigration nor have they made us safer; rather our current laws wreak havoc on families, particularly U.S. - born children who have been left fatherless or motherless. We are now have an opportunity to craft immigration laws that adhere to our values and offer a just approach to crime and deportation. This is not to say that the government cannot or should not deport individuals who are deemed a threat; rather, that we work towards creating a full, fair and transparent process that reflects our democratic principles.

 

15.6    Bibliography


What Process is Due? A Return to Core Constitutional Principles in Immigration by Aarti Kohli, The American Constitution Society (ACS)                                                                            

http://www.acslaw.org/sites/default/files/Kohli_-_What_Process_is_Due.pdf