Policy Brief – How to Regulate Entry and Stay of Illegal Immigrants in Florida

Posted: December 22nd, 2022

Policy Brief – How to Regulate Entry and Stay of Illegal Immigrants in Florida

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Policy Brief – How to Regulate Entry and Stay of Illegal Immigrants in Florida

Prepared for

Bill Galvano, the President of the Florida Senate

Executive Summary

The policy provides detailed illustrations on how Florida could deal with the effects of escalating illegal immigrants who pose significant threats to the residents of Florida. The increase in the number of undocumented immigrants nationally has an impact on Florida in the way such settlers reside in the state with government approval. The report shows how Florida shows interest in dealing with the upsurge of illegal immigrants to avoid some of the adversities that come with the settlers. The government wants to plan for its people as effectively as possible by knowing how many individuals and households depend on the services. The government needs to find suitable solutions to the issue of illegal immigrants to prevent possible escalation in poverty rates, which is already taking a toll on Florida residents. The state will find it easier to provide insurance to the settlers when it documents for all people and takes appropriate measures against individuals who lack the necessary documents. More importantly, Florida would be able to deal with security threats if it regulates and monitors those who enter the state, yet they do not have the right and valid requirements. Several programs already exist at the state, and national levels and the implementers believe that these will help to prevent more influx of the unregistered population. Some of the options that could help the state reduce the number of unlawful immigrants include penalizing immigration officials who fail to prevent or report illegal entries, enlightening the community on the importance of reporting undocumented immigrants who seek for employment in private facilities, and establishing centers where such people get assistance before performing a test on who enters the state and who returns to their mother country or state. Even though all the options are likely to have their strengths and weaknesses, initiating programs to train and test immigrants prove useful because it will give the state the chance to pick individuals who have high qualifications and experience. The approach is likely to evoke both positive and negative criticism from politicians and other stakeholders who might give their reasons for either welcoming or opposing the new method. The move to examine the capabilities of illegal immigrants before determining whether to send them back or not is likely to evoke varying reactions from politicians with its supporters arguing that the move will allow the state to gain from qualified individuals and promote good ethics. The group opposing the policy, however, would argue that it will create more financial burden for the government.

Introduction

Florida needs to follow the suit of many other states in the U.S.as well as other nationsthat put measures to regulate the entry of immigrants, especially those who do not have the proper documents. The problem the paper addresses is the issue of undocumented immigrants who present some challenges and threats that could harm Florida’s large population. Immigrants who lack the legal permit to stay in Florida make it difficult for the government to plan for its people, and make it difficult to know how much resource is needed to meet the people’s wants. Even though both the state and federal governments have measures in place to regulate those who enter the region without a proper or valid permission, more still needs to happen to not only chase these people away before evaluating what they have to offer, and how their contribution could help achieve growth and development. The report recognizes establishing facilities where undocumented immigrants who enter the country can acquire training on different aspects before sitting a test to examine their capabilities and proficiency as the best approach to regulate entry and stay of illegal immigrants in Florida. The approach shall yield the best results because whereas the government shall have enough time to plan on how to return individuals who do not meet precise specifications to their mother country, it will get the chance to retain highly qualified individuals. Even though politicians are likely to give varying views about the approach, it proves to be the best because immigrants documented or not, present many advantages to the economy, more importantly, more revenue. 

The report suits the Florida Senate because it is mandated by the Florida Constitution to form and rectify the laws of the American state of Florida subject to the Governor’s powers to veto legislation. The Senate happens to be the best platform to hand over the report because the Upper House of the Florida Legislature has the authority to suggest legislations through bills that pass several stages including Committee reviews and three readings in each house (the upper and the lower houses)as enshrined in Article III, Section 1 of the Constitution of Florida. President Galvano is the right person to receive the report because he can guide the 40 elected members to vote on each proposal before they are enacted through a veto overrule supported by at least two-thirds of the members of both houses. 

The Nature of the Problem

            Florida has a high number of unauthorized populations, which worries the administrators so much. Nearly 657,000 of the residents in Florida are undocumented immigrants, most of who come from countries such as Mexico, Honduras, Guatemala, Colombia, and Haiti. Central America produces the largest number of the immigrants to Florida, while South America constitutes contribute a huge number as well. The Caribbean, Asia, Europe, and Africa follow respectively in their contribution to the immigrants entering Florida (New America Economy, 2018). A more significant percentage of undocumented immigrants have stayed in Florida for between 10 to 14 years followed by those who have lived in the state for less than five years, whereas only a small number of illegal immigrants have here for 20 years or more lived Most of the illegal immigrants in Florida range between 25-34 years followed by those who fall between 35-44 years and the least group fall under 16 years (New America Economy, 2018). Most of the undocumented immigrants in the state have never married while some are divorced, widowed, or separated. Others are either married to an American citizen or married to a non-citizen. The demographic outlook of the unregistered immigrants in Florida shows that the population varies significantly, and could have varying effects on the state. 

Increased number of illegal immigrants put Florida at the risks of many adversities a society or a government would not want to experience. First, it becomes increasingly difficult for the state and the local governments to plan for its people because it does not have the precise statistics on the number of residents. Being unsure of the correct number of residents may cause unequal distribution of resources, and maybe the reason behind poor planning. The inflow of undocumented immigrants makes the poverty rate in Florida to escalate. Already the poverty rate in the state stands at 15.6%, meaning that one out of every six official resident lives in poverty (New America Economy, 2018). Nearly 3 million people out of the 20 million residents get income below the poverty line putting Florida in 35th position in poverty ranking by state. It is worrying that allowing undocumented immigrants to stay in the state would make the situation worse considering that nearly 14% of such settlers live below the poverty level compared to the 38% of illegal immigrants living above the poverty line (New America Economy, 2018). Some feel that the increased entry of unlawful immigrants may derail communication, socialization, and interaction because most of these people come with different languages. About 41% of the migrants who are not registered either do not speak English at all or make numerous errors during their conversations (New America Economy, 2018). Only 26% of such settlers speak English very well, meaning that interaction among members of the society is likely to develop numerous complications, which could affect relations, businesses, and other activities where clear communication is essential.

The legislators and all other relevant stakeholders in Florida need to find alternative ways of regulating the entry and stay of illicit immigrants because such dwellers present several other risks. More worrying is allowing unregistered immigrants to settle in Florida may make the insurance policy more difficult to implement, taking into account that the number of uninsured but officially documented persons is increasing. Up to 62% of the unlawful immigrants are uninsured compared to the 12.8% rate in Florida (Klein et al., 2017). The lack of health coverage among the illegal migrants could derail the application of the Affordable Care Act that Obama signed into law in 2010, and which advocates for equitable access to insurance. Inadequate health cover may derail the efforts to cover people at high risk such as racial and ethnic minorities and those working in high-risk areas such as chemical plants. The administrators and policymakers in Florida pay more attention to regulating the entry of undocumented immigrants to avoid the security risks the state could experience if it does not a document for everyone who resides in the state (Klein et al., 2017). Terrorists could get the chance to enter the state as well as other people who could be a security threat.  

Background Information

Florida is home to a large number of immigrants, mostly from the Caribbean. Data by Warren and Warren (2019) informs that one in every five resident in Florida is an immigrant. Documented immigrants occupy different economic and social positions, including business proprietors, human resources, and taxpayers who form a critical fraction of the thriving and varied communities in Florida. Warren and Warren (2019) further point out that at least one in every six residents in the state is an immigrant, while about one person in every nine is a native-born U.S. citizen with either of the parent being a foreigner. Most of these immigrants come from Cuba, Haiti, Mexico, Columbia, and Jamaica among other countries. Warren and Warren (2019) inform that more than all immigrants residing in Florida are naturalized U.S. citizens representing 2.5 million immigrants and that most of the immigrants speak English very well. Most of the documented immigrants moving into the U.S. have a university degree or more with many anticipating hoping that their skills and competence will offer them a job. Only a few immigrants move into the U.S. with less than a high-school certificate. Today, immigrants who come into Florida through lawful means work and excel in different fields, including health care, retail trade, accommodation and food services, waste management and conservation, and construction among other areas (New America Economy, 2018). Florida, however, seems to follow the suit of the federal government in enacting measures that would curb unlawful immigrants in the state, and administrators and legislators develop mechanisms to prevent more entries. 

The problem of illegal immigrants in Florida stems from the increased concerns regarding the entry of undocumented people into the U.S. Information by Warren and Warren (2019) indicates that at least 10.7 million undocumented immigrants lived in different parts of the country in 2016. Illegal migration remains a contentious issue nationally since the 1980s and gets more emphasis now than ever with President Trump’s strict measures against such penetrations. The 1924 Immigration Act set guidelines that were meant to limit the wave of immigrants, specifically Eastern and Southern Europeans. It set standards that set a fixed percentage of visa applications based on one’s national origin (Wadsworth, 2010). The Immigration Act outlawed virtually all Asians from entering the U.S, but the Immigration and Nationality Act of 1952 eased the regulations. The Civil Rights of 1964 came as a reprieve to immigrants who could enter America without any prejudice before the abolishment of the quota system by the Immigration and Nationality Act in 1965 (Wadsworth, 2010). The enactment of the Immigration Actin 1990 and its signing into law by George Bush increased the number of immigrants entering into the U.S. to a minimum of 685,000 yearly (Wadsworth, 2010). The September 11 terrorist attacks in 2001 ignited America’s interests to prevent unlawful entry with the state becoming more vigilant on immigrants, particularly from the Arabian world. 

An evaluation by the Federation for American Immigration Reform (FAIR) reveals that illegal migration costs taxpayers $117 billion every year, thereby illustrating how important it is to adopt proper regulatory measures. The state of Florida on its parts with about $3 billion to address issues occurring due to increased undocumented immigrants.

Nationally, the federal government employs several approaches to curb the entry and stay of immigrants who lack necessary documents. In a statement issued by Jeff Sessions, a former Attorney General, United States declared a zero-tolerance policy on persons crossing its southern border posing as asylum seekers. Illegal immigrants and their families who surrendered to the Border Control officials were arrested, detained and charged with unlawful entry. The children belonging to the asylum seekers were taken away from their parents and put in detention camps, an exercise that separated tens of thousands of children with their parents and guardians. The policy evoked widespread condemnation with critics calling for its abolition. The Federal government also uses detention as a way of dealing with unauthorized entry into the country. Nearly 32,000 people who enter the U.S. through inappropriate means are detained in immigration detention camps every day, including children, in more than 200 detention facilities across the country. The number reached its highest in 2012 when the federal state detained more than 310,000 immigrants while deciding on what to do with them. Deportation also appears to be an alternative approach the federal government uses to cut the number of unregistered immigrants (Ousey & Charis, 2013). Homeland Security department is in charge of issuing guidelines on matters regarding deportation in a bid to prioritize the interests American citizens, including protection of resources, security, and safeguarding jobs. Deportations from the U.S. increased by more than 61% from 2003 to 2008, with Mexican immigrants forming a considerable portion of those deported (Ousey & Charis, 2013). Deportations increased during the Obama administration with more than 400,000 cases reported in 2010. 

Policy Alternatives

Florida can acquire valuable lessons from other nations that employ appropriate mechanisms to regulate entry and stay of illegal immigrants. China is an example of a country that relies on a mechanism that evaluates every immigrant entering the country before offering them a work-type residence and work permits (Soerens et al., 2018). The Chinese authorities ensure the work permit immigrants get after undergoing adequate scrutiny is only applicable in a particular geographical location indicated by the Labour Administration Certification Authority (Soerens et al., 2018). The UK is another example that develops effective mechanisms to regulate the entry and stay of illegal immigrants, with the removal of temporary low-skilled visas being one of the approaches. Florida can learn from nations that acknowledge that reviewing its policies and embracing stiffer measures could regulate the entry and stay of unlawful immigrants.

Alternative One

A suitable policy to regulate illegal entry and stay of immigrants in Florida is to penalize immigration officers who facilitate or safeguard such violations of the law. Already, the California Legislature is leading the way by proposing such measures. Even before the proposal pass through the Senate and the lower house at least 565 state and municipality officials express their disapproval with state immigration authorities. Florida Legislature should understand that illegal immigration is a critical problem facing the state and the entire country. 

Alternative Two

The number of illegal immigrants would go down when policies exist to enlighten local citizens on the need to report undocumented immigrants who seek job opportunities in addition to denying them employment. The awareness program should inform Florida residents how, whereas such employees accept low wages and sometimes work in conditions that do not meet specific standards, they present more harm that requires keen attention. The Center for Immigration Studies revealed through a study in 2017 that an uneven number of unlawful immigrants committed state crimes, which means that educating people on how to relate with undocumented immigrants may help to prevent such security threats (New America Economy, 2018). The local administrators, therefore, should develop mechanisms of engaging members of the public in identifying unlawful; immigrants.

Alternative Three

The third option would be to set up several facilities where undocumented immigrants undergo a series of tests that would determine whether they become part of the Florida community or not. Some organizations are already leading the way, but they do not provide tests that would determine whether a person becomes part of Florida or not. Church World Service (CWS) is a tax-exempt agency that functions following the provision of Section 501(c) (3) of the U.S. International Revenue Code (New America Economy, 2018). The group offers services to newly arrived immigrants and refugees, assisting them to integrate into the local community, get employment, and learn the essential skills to sustain their new life in the U.S. The newly created approach, however, shall entail providing accommodation for immigrants entering Florida, while offering them some of the essential provisions such as food, clothing, and medication. The officials in these facilities will try to interact with the immigrants to inquire why they leave their former residence and how they plan to survive once they enter the state. The teams in charge of operations in the respective facilities will record the names and place of origin for all the immigrants under custody, but this would not signify that they are already Florida residents. All immigrants above 12 years will take a series of tests while under the care of the agency to test their skills on several issues and areas, and the examinations would be based on the individual immigrant’s prior qualifications. A graduate seeking to enter Florida, for example, may take a more sophisticated test than an immigrant who has a high school certificate. Selected government officials will then collect the results of each person taking the test before short-listing those who pass the required mark. The names of the selected persons will be forwarded to the relevant immigrant offices in the state, and these individuals will officially become state residents. The government, however, will develop plans to return those who fail to their respective countries while considering their rights. The primary goal of the practice would be to retain highly qualified and talented persons who may benefit the state in one way or the other. 

Evaluation of the Alternatives

The teams responsible for finding suitable ways of regulating the inflow of undocumented immigrants in Florida should be keen while selecting the most appropriate approach by considering the strengths and weaknesses of each design. One advantage of punishing officials who protect unlawful immigrants while trying to make their way into the state is it is cost-effective and does not require so much financial investment and commitment. Many governments today try to find suitable ways of cutting expenditure, and embracing methods that could heighten financial use may face some opposition. The second advantage of penalizing immigration officers who do not observe the law is other officials who consider acting in such a manner could develop the fear, and may not indulge in incorrect deals. The officials in charge of the process would get to know that transparency and integrity are vital when performing their duties. The limitation of the approach, however, is it does not offer surety officials in charge of immigration processes will change how they go about their tasks. Others might become more vigilant while protecting a single or a group of immigrants and their deeds might not be noticed. Enlightening members of the public on the importance of reporting unlawful immigrants who seek employment in private facilities and houses have strengths and weaknesses as well. The significant advantage of the approach is it may increase people’s vigilance regarding unauthorized entries into Florida. People get to learn how such people might affect their lives, primarily through increased poverty, lack equal employment opportunities, and increased numbers of uninsured persons. The approach, nevertheless, may be ineffective because it could instigate harsh reactions towards each other, and could derail the efforts to fight discrimination and to promote diversity. Some people might even react harshly to the undocumented immigrants before handing them over to the relevant authorities. The teams considering making a change in Florida, therefore, should take a keen interest in the merits and demerits both approaches are likely to bring. 

The third option, developing centers where immigrants receive primary care before taking an examination to determine whether they shall be part of the Florida community or not, has strengths and weaknesses as well. One of the significant strengths and which should encourage the state to go ahead and apply the approach is it promotes diversity, which is a call many states and nations nowadays adopt. Allowing immigrants to become part of the Florida community after knowing their strengths and weaknesses will help to lower the number of illegal residents because unqualified individuals will have to go back to where they come from, but after the government puts adequate measures in the plan. The other advantage is Florida is likely to get qualified employees who shall contribute towards the development of the economy. The approach, however, could face some criticism from opponents who might term it time-consuming and one which requires a lot of funds. 

Criteria Matrix

Policy	Cost	Time to implement	Expected outcome	Alignment with core values
Penalize immigration officers who help illegal immigrants enter the state without proper documents.	Will require minimum cost.	3-5 months to identify violators.	Will ensure only legal immigrants enter and stay in Florida.	Will increase transparency in the immigration department.
Reporting undocumented immigrants.	Will need minimum cost.	A few hours or days.	Few illegal immigrants will take refuge as workers.	Florida will regulate the immigrants entering the state.
Developing evaluation centers.	Will require a lot of money to lease buildings and hire examiners.	Will require 5-10 months to lease examination centers.	Will allow Florida to bring in qualified and talented individuals who shall boost the state’s socio-economic aspects.	The approach will promote diversity.

The Best Possible Solution

Enforcing the solution would increase the number of documented immigrants who will add to the state’s economic growth and development. Numerous evidences already show the state gains a lot when it records all immigrants. Florida generated $598.6 million in state and local taxes in 2014 from undocumented immigrants, and evaluators predict that the contribution would increase to more than $686.5 million if they could get the legal status (Garalnd, 2015). Using the approach to regulate and manage the entry and stay of illegal immigrants and making them active consumers would add tens of billions of dollars to the state’s economy. Information by Garalnd (2015) reveals how dwellers in Florida in immigrant-led households had $731.2 billion in purchasing power after taxes in 2014. Regulating the entry and stay of immigrants in Florida would transform such foreigners into business people who produce billions of dollars annually in business revenue. The state already reaps enormous benefits from immigrant workers serving in the various sectors with at least 381,127 business owners accounting for 30.7% of all the self-employed persons in Florida and generates about $5.7 in business revenue (Garalnd, 2015). Using the proposed idea to regulate entry and stay of illegal immigrants would turn the problems Florida faces due to such infiltrations into economic advantages and opportunities and would help promote diversity as well. Furthermore, the approach will promote diversity in Florida, which is one of the aspirations for America.

The Political Implications of the Course of Action

The attempts to regulate the entry and stay of undocumented immigrants into Florida are likely to evoke both positive and negative reactions and criticism from politicians across the political divide. The supporters of the approach, which entails establishing several centers to train and test immigrants would argue that the mechanism is likely to benefit the entire state because of the increased chance of getting people with experience in different fields. The supporters will mainly give the benefits that immigrants present and would want their colleagues to accept the approach. Some of the supporters will provide ethical reasons for allowing such immigrants arguing that it is improper to send back people who are getting away from inhuman treatment such as violations of human rights and mistreatment in their country or place of origin. Some supporters would back their view by referring to the teachings of utilitarianism, which implies that something is right or good if it yields outcomes that benefit most of the people. Indeed, allowing immigrants with vast skills and competence to become members of the Florida community will be beneficial to many people who shall gain from the skills such people bring into the workforce. The teams opposing the move, however, will mainly rely on the argument that the approach could cost the state government a lot of money, especially in establishing the centers, hiring employees, and maintaining their needs. The critics, nevertheless, should spare considerable time to understand how the approach could regulate entry as well as promote diversity and economic growth. 

Summary

The report provides valuable insight that could help Florida regulate the number of illegal immigrants in the state. Permitting unlawful entry and settlement of immigrants in Florida makes it difficult for the state government to make plans that would benefit everyone. Allowing undocumented immigrants to enter the state also increases the chance of witnessing higher levels of poverty rates, as well as increasing the number of uninsured persons. The heightened security concerns are another reason why Florida needs to embrace effective ways of regulating the entry and stay of undocumented immigrants. Even though it is possible to restrict unauthorized entry by punishing officials who allow unlawful immigrants to make their way into the state and by enlightening members of the public on how to report such persons whenever they come seeking for employment, setting up centers where immigrants perform some test before knowing if they are eligible to become official citizens or not may be of much importance in regulating entry as well as creating chance for economic and social growth. 

References

Garalnd, L. (2015). After they closed the gates: Jewish illegal immigration to the United States, 1921-1965. Oxford, UK: University of Oxford Press.

Klein, B., et al. (2017). Immigration and violence in rural versus urban counties, 1990–2010. The Sociological Quarterly, 2, 229–253.

New America Economy. (2018). The contributions of new Americans in Florida. New York, NY: New American Economy.

 Ousey, G., & Charis, E. (2013). Immigration and the changing nature of homicide in U.S. cities, 1980–2010. Journal of Quantitative Criminology, 30(3), 453-483. 

Soerens, M., et al. (2018). Welcoming the stranger: Justice, compassion & truth in the immigration. New York, NY: IVP Books.

Wadsworth, T. (2010).  Is immigration responsible for the crime drop? An assessment of the influence of immigration on changes in violent crime between 1990 and 2000. Social Science Quarterly, 91(2), 531–553.

Warren, R., & Warren, J. (2019). Unauthorized immigration to the United States: Annual estimates and components of change, by state, 1990 to 2010. International Migration Review, 47(2), 296-329.