An Overhaul of the Federal Government’s Approach Towards Illegal Immigration

Jon R. Eckert

Critical Thinking Paper

April 1, 2019

Mr. Grossman

Red Group
 The United States Congress openly and frequently acknowledges that the U.S.

immigration system must be overhauled. While our lawmakers regularly disagree on how to go

about changing a system that is almost unanimously agreed upon as broken. Immigration has

been a subject in the American spotlight for a long time and in 2016 during the race for

president, immigration was a topic pushed to the forefront of our new president’s campaign. The

wide-ranging subject was also recently the most debated issue during the longest partial

shutdown of the federal government in the history of the country. All aspects of this extensive

issue are being talked about from programs like DACA, building a southern border wall, to even

the abolition of some of the agencies that enforce immigration law. To successfully change the

system, the U.S. Congress must first address the widespread violation of current immigration

law. In order to ensure lawful entry into the country, the United States federal government must

build a wall on our southern border, make fining employers who hire illegal aliens a main

priority when enforcing immigration laws and also federally mandate the use of E-Verify when

hiring new employees.

In 2016, the Department of Homeland Security estaimated that more than 624,000 illegal

border crossings occurred which was an increase from 2015 (“Border Security Metrics Report”

12). The illegal border crossers enter the country unchecked by border security and customs

enforcement. Also, millions of pounds of drugs were seized in 2016 from aliens attempting to

enter the US illegally. When migrants do not enter through legal places of entry, they have the

ability to traffic drugs, weapons, and people through massive gaps in our border that are not able

to be regulated by the limited number of border patrol agents. A barrier running along the entire

southern border would close these holes along the border, making it very difficult to traffic
contraband in and out of the country. In 1992, Border Patrol reported apprehending 565,581

migrants in the San Diego sector of the southern border, with a much larger number likely

evading detainment (“Limits to Using Walls for Migration”). Preliminary fence construction in

the mid-1990s lowered that number to below 200,000 by 1999. By 2017, Border Patrol

apprehensions had fallen to ​26,086​ people, or 95 percent fewer than in 1992, with agents

capturing a ​much larger portion​ of attempted crossers (“Limits to Using Walls for Migration”).

This statistic proves that a wall would help to stop illegal border crossings and ultimately reduce

the number of illegal aliens entering the country. In April of 2017, the Center for Immigration

Studies published a study trying to determine an estimated net cost of a southern border wall.

They estimated the net cost of each illegal alien entering the country based on things like taxes

and services used and determined that it costs the U.S. approximately $74,722 per alien over

their lifetime. The study goes on to say that for every 100,000 illegal immigrants stopped by a

border wall, taxpayers would be saving almost $7.5 million (Center for Immigration Studies). If

the rate at which aliens enter the country illegally stays constant and a wall stops 9-12% of them

over the course of a decade, a wall would pay for itself and lift a financial burden off of

taxpayers (Center for Immigration Studies). A border wall along the southern border would be

successful in deterring illegal aliens and would pay for itself.

It is already unlawful to hire illegal aliens but the U.S. rarely fines companies for hiring

illegal immigrants. If illegal immigrants see that they cannot easily get a job in the US by

immigrating illegally, they will be more likely to enter the country through legal means. In 2014

(most recent data on record), there were 624 administrative fines issued to companies totaling

$16,275,821 along with $35,131,058 paid in criminal fines and forfeitures (“Border Security
Metrics Report” 12). The fines issued are nothing compared to the extent of the problem as an

estimated 3.3% of the U.S. population lives in the country illegally and illegal immigrants make

up 5% of the American workforce (Pew Research Center). The total amount fines given out to

employers for hiring undocumented immigrants is completely disproportional to the amount of

illegal immigrants working in the U.S. By increasing workplace enforcement, the number of

illegal immigrants entering the country would see a significant decrease. There are occasionally

big enforcement busts that are announced, for instance, in September of 2017 in Pennsylvania,

Asplundh Tree Experts, Co. plead guilty to the unlawful employment of aliens and ultimately

paid $80 million in criminal forfeiture and paid $15 million in civil expenses (Department of

Justice). This marked the largest payment ever collected based on charges of employing illegal

immigrants. Payments such as these have been increasing lately as they should be. In the past,

major corporations have avoided criminal charges and forfeiting money because of their

monetary power. Often times, politicians who propose plans for changing the immigration

system like our president, rarely call for the prosecution of companies. This could be for many

reasons, one could be that the politicians think the companies would contribute more to the

american economy if they were’nt prosecuted. Regardless of the reason, the rule of law should

not be ignored when approaching the issue of illegal immigration. If any person breaks the law

they should face the appropriate consequences regardless of their stature. By going after

companies that are “knowingly blind,” it shows other big companies that they could suffer the

same fate if they are not meticulous when hiring. This will lead to a decrease in illegal aliens

being employed and deter new ones from entering the country.
 The United States Federal Government also must mandate that employer use E-Verify.

E-Verify is an online database operated by the U.S. Citizenship and Immigration Services along

with the Social Security Administration that helps employers verify the employment eligibility of

an applicant. The E-Verify system uses information the applicant submitted on their I-9 form and

checks it against government databases to determine whether all the information submitted is a

match. According to the Department of Homeland Security, prior to the fiscal year 2019, there

were 351,628 cases reported to have been not authorized for work (“E-Verify Performance”). By

mandating the use this system, companies will no longer be able to be blind to the fact that they

hire illegal aliens. This would make prosecution of companies much easier and ultimately lead to

an uptick in workplace enforcement. E-Verify is an effective tool that would reduce the number

of illegal immigrants being unlawfully hired by American companies. This, in turn, would deter

illegal immigrants from coming to the U.S. illegally and encourage them to immigrate through

means.

While support for the overhaul of the American immigration system is nearly unanimous,

some believe American tax dollars are better used elsewhere. The opposition says building a wall

is expensive and useless because it will fail to stop the 42% of illegal aliens that overstay their

travel VISA’s that help them enter the country legally (NBC). They also point to the fact that

illegal immigration is decreasing and they also argue illegal immigrants take many of the jobs

American citizens tend to shy away from. Illegal immigrants take up roughly 5% of the

American workforce and more than 53% of hired farming jobs (Pew Research Center). In the

agricultural industry wages are fairly low for hired hands and Americans are eyeing higher

paying jobs. Some on the extreme opposition advocate for the abolition of the Immigration and
Customs Enforcement agency, ICE. While the general trend of illegal immigration has been

decreasing, there are still hundreds of thousands of illegal aliens that enter the country annually.

Also, the U.S. cannot simply stop issuing travel visas and it is much easier to stop migrants

entering through an illegal way. A decrease in illegal immigration also does not mean that the

U.S. should stop attempting to curb it further. Also, the general trend of illegal immigrants

entering the country from the fiscal year 2000 until 2018 has been decreasing, with the current

data available, in 2018 the trend started to turn upward (NPR). The proposal to abolish ICE is an

absurd one, ICE enforces the laws we have in place and lawmakers can always pass new laws

but if there is nobody to enforce them, they will have a very minimal effect (VOX). While ICE’s

tactics have been at least questionable, it is an agency that protects American citizens and should

be changed but not abolished.

Questions on immigration is a source of debate for many, especially since the last

presidential election. By not enforcing immigration laws, people see that they can break the law

without consequence. This calls into question the legitimacy of our entire legal system. If we as a

country do not enforce our laws, people will not follow them. The immigration laws in the U.S.

are due for major changes to stop illegal immigrants from entering the country in the massive

numbers that we are currently seeing. To achieve this goal, the federal government needs to

enforce the laws already in place, especially as it relates to workplace enforcement. For too long

have companies both large and small have gotten away with breaking the law and hiring illegal

aliens. They must be fined and criminally charged for hiring illegal aliens only encourages more

to come. Companies may verify the working eligibility of their applicants, the federal

government must also mandate the use of E-Verify. By using E-Verify companies can establish
the legality of hiring a candidate and by mandating the use of E-Verify, companies cannot be

blind to hiring illegal aliens. Finally, the federal government must also build a wall along the

southern border to stop illegal border crossings. Illegal immigration is certainly a wide-ranging

issue that the federal government must address with new laws and regulations.
 Works Cited

United States, Congress, DHS Office of Legislative Affairs. “Department of Homeland Security

Border Security Metrics Report.” ​Department of Homeland Security Border Security Metrics

Report,​

Department of Homeland Security, 1 May 2018.

www.dhs.gov/sites/default/files/publications/BSMR_OIS_2016.pdf.

Isaacson, Adam, and Maureen Meyer. "Lessons from San Diego's Border Wall." ​Washington

Office on Latin America​, 14 Dec. 2017,

www.wola.org/analysis/wola-report-lessons-san-diegos-border-wall/. Accessed 31 Mar.

2019.

Camarota, Steven A. ​Can a Wall Pay for Itself?: An Update.​ Canter for Immigration Studies, 8

Jan. 2019. ​Center for Immigration Studies​,

cis.org/Camarota/Can-Wall-Pay-Itself-Update. Accessed 19 Feb. 2019.

United States, Congress, Department of Homeland Security. ​E-Verify Performance.​

E-Verify.gov,​ Department of Homeland Security, 21 Feb. 2019,

www.e-verify.gov/about-e-verify/e-verify-data/e-verify-performance. Accessed 31 Mar.

2019.

Gonella, Catalina. "Visa Overstays Outnumber Illegal Border Crossings, Trend Expected to

Continue." ​NBC News,​ NBC Universal, 7 Mar. 2017,

www.nbcnews.com/news/latinos/visa-overstays-outnumber-illegal-border-crossings-tren

d-expected-to-continue-n730216. Accessed 31 Mar. 2019.

“Asplundh Tree Experts, Co. Pleads Guilty To Unlawful Employment Of Aliens.” ​The United

States Department of Justice​, 28 Sept. 2017,

www.justice.gov/usao-edpa/pr/asplundh-tree-experts-co-pleads-guilty-unlawful-employment-alie

ns.

Hersher, Rebecca, and Vanessa Qian. “3 Charts That Show What's Actually Happening Along

The Southern Border.” ​NPR​, NPR, 22 June 2018,

www.npr.org/2018/06/22/622246815/unauthorized-immigration-in-three-graphs.

Lind, Dara. “‘Abolish ICE," Explained.” ​Vox,​ Vox, 28 June 2018,

www.vox.com/policy-and-politics/2018/3/19/17116980/ice-abolish-immigration-arrest-deport.
 Annotated Bibliography

Bruno, Andorra. ​Immigration-Related Worksite Enforcement: Performance Measures​.

Congressional Research Service​, fas.org/sgp/crs/homesec/R40002.pdf. Accessed 31 Mar.

2019. This informed my research on workplace enforcement, a practice that is widely

overlooked by law enforcement but is on the rise. The Department of Homeland Security

rarely fines employers for illegally hiring illegal aliens. This report gave me the numbers

on those fines and criminal charges.

Build the Wall (2nd Edition) | Change My Mind​. Performance by Steven Crowder, 2019. I

referenced this video because it had well-based arguments for and against building a

border wall and it cited sources that allowed me to further my research into the subject.

Camarota, Steven A. ​Can a Wall Pay for Itself?: An Update.​ Canter for Immigration Studies, 8

Jan. 2019. ​Center for Immigration Studies​,

cis.org/Camarota/Can-Wall-Pay-Itself-Update. Accessed 19 Feb. 2019. This website

provided statistics and analysis on the cost of a wall on our southern border. It concluded

that a southern border wall would ultimately pay for itself. It pointed to statistics of

existing border walls to bolster the argument.

Department of Homeland Security Border Security Metrics Report.​ Department of Homeland

Security, 1 May 2018. ​Department of Homeland Security,​

www.dhs.gov/sites/default/files/publications/BSMR_OIS_2016.pdf. Accessed 19 Feb.

2019. This report gives statistics for decades on border crossings in different sections of

the border. It gives statistics on the number of apprehended illegal border crossers and
 statistics on narcotics entering the country illegally. It also gives estimates on the illegal

immigrant population in the U.S..

Gonella, Catalina. "Visa Overstays Outnumber Illegal Border Crossings, Trend Expected to

Continue." ​NBC News,​ NBC Universal, 7 Mar. 2017,

www.nbcnews.com/news/latinos/visa-overstays-outnumber-illegal-border-crossings-tren

d-expected-to-continue-n730216. Accessed 31 Mar. 2019. This article shows that most

illegal immigrants do not enter by illegally crossing the border, they come on travel visas

and then overstay them. It is actually a plurality, 42%, that are overstayed visas.

"Immigration-Related Worksite Enforcement: Performance Measures." ​Every CRS Report,​ 23

June 2015, www.everycrsreport.com/reports/R40002.html#_Toc422838342. Accessed 31

Mar. 2019. This gave more statistics on workplace enforcement that bolstered my claim

that companies are not fined enough for illegally hiring illegal aliens.

Isaacson, Adam, and Maureen Meyer. "Lessons from San Diego's Border Wall." ​Washington

Office on Latin America​, 14 Dec. 2017,

www.wola.org/analysis/wola-report-lessons-san-diegos-border-wall/. Accessed 31 Mar.

2019. This report gave numbers on illegal immigration along the San Diego section of the

border before and after a physical barrier was constructed. It showed a dramatic decrease

in illegal border crossings after a wall was constructed.

Suls, Rob. ​Less than Half the Public Views Border Wall as an Important Goal for U.S.

Immigration Policy.​ Pew Research Center, 6 Jan. 2017. ​Pew Research Center,​

www.pewresearch.org/fact-tank/2017/01/06/less-than-half-the-public-views-border-wall-

as-an-important-goal-for-u-s-immigration-policy/. Accessed 31 Mar. 2019. This report

 put in perspective the American public's general view of a border wall, visa overstays,

along with many other policies on immigration relavent to my topic.

United States, Congress, Department of Homeland Security. ​E-Verify Performance.​

E-Verify.gov,​ Department of Homeland Security, 21 Feb. 2019,

www.e-verify.gov/about-e-verify/e-verify-data/e-verify-performance. Accessed 31 Mar.

2019. This source had the information on E-Verify Performance as it is used in the

American workplace when looking to hire prospective employees. This helped me to

support my argument that the program is efficient and should be government mandated

on a federal level.

---, ---, House, U.S. Citizenship and Immigration Services. ​I-9​. Government Publishing Office. I

referenced this document to see what people applying for a job must do to prove they are

work eligible. This document is also what systems like E-Verify use to cross-reference

information.

“Asplundh Tree Experts, Co. Pleads Guilty To Unlawful Employment Of Aliens.” ​The United

States Department of Justice​, 28 Sept. 2017,

www.justice.gov/usao-edpa/pr/asplundh-tree-experts-co-pleads-guilty-unlawful-employment-alie

ns. I referenced this report to see implications of workplace enforcement by the FBI and ICE and

the Department of Homeland Security.

Hersher, Rebecca, and Vanessa Qian. “3 Charts That Show What's Actually Happening Along

The Southern Border.” ​NPR​, NPR, 22 June 2018,

www.npr.org/2018/06/22/622246815/unauthorized-immigration-in-three-graphs. I referenced
these to see the general trend in the number of people detained by border patrol while trying to

illegally cross the border.

Lind, Dara. “‘Abolish ICE," Explained.” ​Vox,​ Vox, 28 June 2018,

www.vox.com/policy-and-politics/2018/3/19/17116980/ice-abolish-immigration-arrest-deport.

I referenced this article to put the ‘“abolish ICE” movement and gather infromation on them.