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Funnel 40/2, Inhalt - Fulbright-Kommission

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32<br />

FROM OUR FULBRIGHTERS<br />

On strike, immigrant workers wave the stars and<br />

stripes as if to say, we too are part of America.<br />

ACTION AT ALL LEVELS<br />

A broad variety of federal, state, and local initiatives has emerged<br />

to advocate for an improvement of the legal and social situation of<br />

non-documented immigrants and has gained significant momentum.<br />

The situation of that part of American society is clearly on the agenda<br />

of top policymakers. The most recent indicator for this development<br />

is President George W. Bush’s proposal to grant non-documented<br />

immigrants a limited legal residency.<br />

The most discussed proposal on the federal level is the Development,<br />

Relief and Education for Alien Minors (DREAM) Act. This<br />

legal initiative, introduced both in the Senate and in the House, and<br />

supported by Democratic as well as Republican members of Congress,<br />

would give children of illegal immigrants the possibility to gain legal<br />

residency by obtaining a college education. The proposal is currently<br />

pending, but overcame, with restricting amendments, important<br />

obstacles like the Senate Judiciary committee. A similar bill passed last<br />

year in Illinois, which allows non-documented Illinois residents to pay<br />

significantly lower “in-state” tuition for state colleges and universities.<br />

Additionally, as I detailed above, Illinois legislators are discussing<br />

an initiative that would provide non-documented residents with the<br />

possibility to obtain a driver’s license. In the U.S., drivers’ licenses are<br />

issued at the state level. Each state has different rules. Proponents of<br />

this initiative frame the proposal as a measure to increase road safety,<br />

since a driver’s license is a prerequisite for car insurance. Undoubtedly,<br />

this bill would also provide de facto legal documentation for this<br />

population, since driver’s licenses are central identification devices in<br />

the U.S. As I was writing these lines, I received an email informing me<br />

that yesterday this proposal passed the Executive Committee of the<br />

Illinois General Assembly, again in this case with bipartisan support.<br />

One might argue about the legal consistency and efficiency of<br />

these proposals. And indeed, I fear that these legal policies do not give<br />

this disadvantaged population the options to exit their current place<br />

at the lowest levels of society.<br />

The Dream Act might be an important political issue to win, however,<br />

it remains unclear how many children of non-documented<br />

immigrants really will be able to benefit from the current version of<br />

this proposal since it bans these students from applying for federal<br />

education grants. It also seems inconsistent to concede on the state<br />

THE FUNNEL • VOLUME <strong>40</strong> • NUMBER 2 • SUMMER 2004<br />

level a quasi-documentation (driver’s license) to a population whose<br />

members are at the same time threatened to be deported by a federal<br />

agency (the USCIS).<br />

Bush’s proposal—interestingly commented on positively by the<br />

Chairwoman of the German Green Party—has been rejected by most<br />

immigrant rights groups as an insufficient measure that only meets<br />

the interests of parts of the economy (e.g. large agro-corporations in<br />

the South) in cheap labor. Many critics of the above mentioned policies<br />

interpret them in exactly this sense: Give the non-documented<br />

immigrants enough to be quiet but keep them from gaining significant<br />

power by keeping their legal situation unstable!<br />

CENTRALIZED VERSUS AD HOC<br />

One could argue that the German idea of having consistent legal<br />

regulation over all the federal administrative structures is preferable<br />

to this more ad-hoc style of immigration policy. However, as Jörg Alt,<br />

immigration expert with the German immigration organization<br />

Jesuiten-Flüchtlingsdienst, remarks, overall the United States are<br />

more experienced in dealing in a pragmatic way with the situation of<br />

non-documented immigrants (Schmitt in taz, 1/9/2004). Especially<br />

what appears to be the fragmented and inconsistent responsibilities<br />

of many different public and private entities (immigration authorities,<br />

police, public schools, universities, employers, hospitals, etc.)<br />

reduces the risk of an individual non-documented immigrant being<br />

“detected” and might weaken his or her fear of being trapped in an<br />

inescapable system of public authorities. As a senior administrator of<br />

a large public U.S. university told me in an interview: “We just don’t<br />

care if our students are legally documented or not. We don’t keep lists<br />

of that. We are not the INS!”<br />

As long as German policymakers refuse to acknowledge that,<br />

according to the Catholic Church, around one million people (around<br />

1.2% of the population) live in Germany without proper documentation<br />

(Kuepper in FAZ, 12/24/2003) (the situation of non-documented<br />

immigrants is not mentioned in the pending proposal for a<br />

new German immigration law) and contribute to the economy<br />

through their low-wage labor, I am inclined to see advantages in the<br />

pragmatic and more realistic approach U.S. policymakers and interest<br />

groups are taking towards this situation.

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