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Over the course of her career, Ms. Alice Yardum-Hunter has given many speeches and has published numerous articles to the lay and professional attorney reader alike. The writings and speeches published here and elsewhere are a sampling of her works.
These publications are made available for your personal edification, but are copyrighted and may be used or reprinted only with permission.
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Immigration: The Double Edged Sword
9/1/1994
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by Alice M. Yardum-Hunter
This article was published in the "Legal Specialization Digest", Fall 1994 by the State Bar of California |
Immigration: The Double Edged Sword
By Alice M. Yardum-Hunter
c 1994 All Rights Reserved
(Reprinted from "Legal Specialization Digest," Fall 1994)
The heart of U.S. policy on immigration is currently being examined. Some say that immigration must be halted entirely. Such a view is extreme and fails to acknowledge the complexity of the issue. The majority of evidence shows that immigrants are beneficial to society as a whole, however, specific case studies show some detrimental effects. As a result, there is a conflict in the media as to the effects of immigration.
Basic change in U.S. immigration policy should be done only after considered, responsible thought. The most drastic option being examined is the basis of U.S. citizenship. Under the Constitution one acquires U.S. citizenship by birth in the U.S. alone, except under limited circumstances. This is a concept rooted in common law. It is as basic as the right to bear arms, or to free speech. Immigration permits acquisition of citizenship in other ways, but the Constitution represents the basis of U.S. citizenship. Some politicians believe a child should only acquire citizenship by birth in the U.S. on the contingency of legal status of the parents.
As part of any workable approach, the proposition that immigrants will always be a factor in the composition of the U.S. population must be examined. Advances in transportation, communication and computers will content to draw the people of the world together, with attendant increases in migration worldwide, Treaties like NAFTA may even result in increased emigration by Americans. Although immigration has been increasing to the U.S., Americans will also begin to migrate in larger numbers. Immigration and emigration are here to stay.
Instead of responding to the rhetoric of politicians, we ought to insist that those in positions of power and responsibility answer comprehensive questions, with the assumption that there will always be immigration. In what ways would we enhance our society by encouraging or discouraging immigration via legislation? Are we prepared for a more homogeneous society, and what will the effects of that be? Assuming citizenship were coupled with contingencies, how can we avoid the expenses of a sub-culture consisting of would-be-citizens-now-illegals-in-limbo? How can we successfully integrate people from scores of cultures? Immigration is an international issue deserving of only the most well thought out response. Instead of getting a quick fix, we must demand that politicians not be short sighted in resolving the debate over immigration.
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