Funnel 40/2, Inhalt - Fulbright-Kommission
Funnel 40/2, Inhalt - Fulbright-Kommission
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.