Editor’s Note: Attorney Mark Alvarez has some thoughts on the frustration in delays of enacting a comprehensive immigration reform bill. As always, on target.

“Born human. Raised American. Denied equal rights.” — Asa Matelau

The plight of millions of children in undocumented immigrant families resists easy argument. Future prospects for those children depends on place of birth. U.S.-born children are citizens or “legals.” Others are “illegals.” “Illegals” face great difficulty, but even the legals face challenges largely stemming from parental fear over immigration status. U.S. immigration policy has failed for decades. Lately, it has turned mean. Neither legals nor illegals enjoy equal rights. Recent local and national stories show systemic flaws.

Anti-immigrant activists often insist that undocumented workers are identity thieves because they use false social security numbers to work. Several federal prosecutors adopted this argument to charge undocumented workers with identity theft under a federal statute. Charging identity theft largely served to stack charges to bully defendants into pleading guilty or accepting unfavorable plea deals. Brett Tolman, U.S. Attorney for Utah, wisely chose not to take this shortcut. Last week, the Supreme Court ruled 9-0 that the aggravated identity theft statute did not apply to undocumented workers. Undocumented workers live in the U.S. to work, not to steal identities. Unanimity from the Supreme Court should count for something.

Several weeks ago, an LDS missionary was arrested at the Cincinnati airport. The LDS Church through Jeffrey Holland seemingly expressed dismay. Holland essentially said that his church does not discriminate based on immigration status. He claimed the missionaries knew the risks. Holland went on to say his church respects the law. In the aftermath of the Cincinnati arrest, LDS church authorities reportedly advised an undocumented immigrant missionary to travel home by car instead of by plane. In addition, undocumented immigrant missionaries conveniently are sent on missions within the U.S. rather than abroad. It speaks well of the LDS church that it would warn its undocumented missionaries. However, the LDS church, like business and the U.S. government, wants to have it both ways: respect the law, except when you don’t. It’s mostly the innocent members, workers and familes who get screwed. Time to call “bullshit” on the LDS church, business and the government: people who contribute here deserve a shot at dignity. Two-sided stances short of that are immoral and wrong.

Stephen Dark in City Weekly wrote about an scam in which an LDS member promised more than a dozen Latino undocumented couples work permits in exchange for thousands of dollars. Dark explained that a well-intentioned couple who supervised LDS missionary activity in the Mill Creek branch channeled victims to the federal prosecutor’s office. This ultimately resulted in the victims being placed in deportation or removal proceedings. While undoubtedly well intentioned, the missionary supervisors were either stupid or grossly ignorant for their actions. Indeed, the apparent inadequacy of training may implicate higher authorities for the ending, as predictable as it was bad.

Twice in major campaign speeches, Barack Obama promised to make comprehensive immigration reform a priority in his first year. Recent comments indicate that President Obama will break his word. Economic crisis is no excuse. Congressional delay is also inexcusable, as comprehensive immigration reform remains as clear today as it was ten years ago.

The immigration system should be dynamic to adapt to changing economic conditions. Workers visa numbers should move according to the strength of the economy. Regulation and oversight should be tightened to punish businesses that flout the law and exploit workers, documented and undocumented. The government should implement genuine employment verification. Ignorance cannot count as an excuse.

Borders and various points of entry should be smart to allow efficient, orderly flows of people, commerce and capital. Immigration processes should be simplified to reflect our values: the June 2009 Visa Bulletin indicate a wait of 22 years and 10 months in one category. That is ridiculous. Recently, high-tech companies have complained about the lack of visas available for highly-trained professionals needed here in the U.S. The current policy make little economic sense. Who should be able to come here? That question merits honest debate.

Finally, 12 million undocumented immigrants live in the U.S. Most are hard-working conscientious human beings. Many have made lives here and contributed greatly to their communities. They are here to stay. Common decency and common sense suggest we should work with them, not against them. They have earned the right to be included in comprehensive immigration reform.


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