Title Page, Copyright, Series Page

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Contents

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pp. vii-viii

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Foreword

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pp. ix-x

There is something for everyone to hate in A Conservative and Compassionate Approach to Immigration Reform. This is a book that conservatives and liberals will find compelling in its arguments and the depth of careful, comprehensive research. Yet the issues are so divisive that advocates for change will be taking copious notes from the text and sources. ...

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Preface

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pp. xi-xiv

Initially, we think it is important to state that we do not believe that all aspects of our immigration system are “broken.” In fiscal year 2010 alone, there were over 159 million nonimmigrant lawful admissions into the United States (counting multiple admissions of persons).1 ...

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Acknowledgments

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pp. xv-xvi

The authors thank Valerie Finella (J.D., 2012, Texas Tech University School of Law), Bradley Parkin (J.D., 2013, Texas Tech University School of Law), Chloe Evans (J.D., 2013, Texas Tech University School of Law), Robert “Derek” Pennartz (J.D., 2012, Texas Tech University School of Law), ...

Selected Abbreviations

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pp. xvii-xxviii

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1. Basics of U.S. Immigration Law

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pp. 3-9

Aliens1 entering into the United States are generally divided into temporary2 and permanent3 categories.4 Aliens within the temporary categories are nonimmigrants; all other aliens present in the United States, including lawful permanent residents (LPRs), are immigrants.5 ...

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2. Strategy for Success

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pp. 10-22

During the 2012 presidential campaign, President Barack Obama and former Massachusetts Governor Mitt Romney understandably focused their campaigns on issues related to the economy and jobs—issues most important to American voters. Relatively little was said about immigration reform. ...

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3. The Known and Unknown Challenges of Unauthorized Immigration

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pp. 23-32

Most immigrants come to the United States seeking a better life for themselves and their families. However, long wait times and confusing immigration procedures often encourage unlawful immigration. Without a system to track accurately the number of undocumented immigrants entering the United States, ...

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4. Federalism and the Case for State Action

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pp. 33-45

Many people see the failure of the federal government to enhance and enforce immigration laws and policies as an opening—and motivation—for the states to implement immigration legislation.1 This suggestion is unfortunately true, and we have seen various states pass laws aimed directly at undocumented immigrants. ...

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5. Objectives and Obstacles to Federal Policy

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pp. 46-58

Immigration concerns affect every aspect of American life, from individual citizens and families to government and the domestic economy. This impact is especially pronounced at the institutional level. Such a multifaceted and ubiquitous issue requires a comprehensive policy that addresses each of these areas. ...

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6. Securing Our Borders

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pp. 59-72

Borders delineate the boundaries of a nation’s territory, and sometimes, walls mark those boundaries. Nevertheless, from Hadrian’s Wall along the ancient Roman frontier in modern day England to the Great Wall of China to the Berlin Wall, physical barriers have been unsuccessful in completely eliminating traffic across borders. ...

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7. Workplace Enforcement

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pp. 73-88

The workplace is a major arena for the enforcement of U.S. immigration laws. In an attempt to discourage the hiring of undocumented immigrants, in 1986 Congress added INA § 274A, which imposes fines—and sometimes criminal punishment—on employers who knowingly hire undocumented workers.1 ...

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8. Revising the Visa Process

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pp. 89-97

A change to our immigration system should include modifying the nonimmigrant visa process. The United States does not have an effective system in place to track the departures of foreign nationals who have previously been admitted. Millions of temporary visitors overstay their visas in an attempt to remain in the United States permanently. ...

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9. Amending the INA

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pp. 98-108

Any discussion of immigration reform should include an examination of the continued utility of the INA.1 Passed in 1952, the INA is the principle U.S. statute dealing with immigration law.2 We propose that simply updating two of the INA’s historically important provisions, §§ 245(i) and 249, amending §§ 212(a)(9)(B) and (C), ...

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10. Dealing with the Children of Unauthorized Immigrants beyond High School

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pp. 109-119

The reasons that immigrants come to America are as varied as their countries of origin. Many immigrants bring with them strong work ethics, skills, hope, and often, their children. Many children enter on temporary visas that expire or with their parents without inspection. ...

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11. Mexico’s Impact

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pp. 120-132

Given the current state of our economy, it is no secret that many Americans are looking for a solution to combat the nation’s influx of undocumented immigrants. Americans are looking for ways to preserve jobs and limit the use of taxpayer dollars. Unauthorized immigration is a hindrance to these goals. ...

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Epilogue

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pp. 133-136

In summary, we support greater border security and workplace enforcement. We believe that the INA should be updated and simplified and that our visa process must be substantially revised in order to better address current and future immigration pressures, as well as to attract the necessary skilled and unskilled workers. ...

Appendix 1: Nonimmigrant Visas

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pp. 137-146

Appendix 2: Relevant Sections of Law Pertaining to U.S. Nationality

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pp. 147-150

Appendix 3: Proposed Amended INA § 245(i)

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pp. 151-154

Appendix 4: Proposed Amended INA § 249

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pp. 155-162

Appendix 5: Proposed INA § 212(a)(6)(H)

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pp. 163-164

Appendix 6: Proposed Amended INA § 212(a)(9)(B) and Deletion of INA § 212(a)(9)(C)

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pp. 165-168

Notes

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pp. 169-226

Index

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pp. 227-236