The Arbitrary Nature of America’s Broken Immigration System

How the capriciousness of the U.S. immigration system affects the lives of millions of immigrants

One day. For Judith Ortiz, a single day made all the difference between a life of freedom and opportunity and one constrained by limits and obstacles. Raised in suburban Dallas, Judith and her twin sister, Janette, were brought to the country illegally from Mexico when they were just 2 years old. While both sisters were eligible for benefits under the Deferred Action for Childhood Arrivals (DACA) program, a one-day delay in mailing Judith’s application has left her future on hold. This is just one example of the arbitrary and confusing nature of America’s broken immigration system, which affects the lives of millions of immigrants living in the country legally or without legal status.

The Complexity of Immigration Law Enforcement

The story of Judith Ortiz is not unique. Many immigrants find themselves caught in the complexities of America’s immigration laws. Travis Murphy, CEO of Jetr Global Partners, explains that the system is like a “layer cake,” with policies enacted year over year that don’t necessarily work coherently with previous policies. The lack of consensus on what the outcome should be further compounds the problem. As a result, the lives of immigrants are constrained by a system that is often arbitrary and confusing.

Living in Uncertainty

A wide-ranging survey conducted by the Los Angeles Times and KFF revealed that more than 4 in 10 immigrants do not understand how the country’s immigration policies work or how they affect their families. Yet, they have no choice but to rely on these policies to live, work, study, and exist in the country. The fear of deportation looms large, with roughly 1 in 4 immigrants worrying about themselves or a family member being deported. This fear is shared by undocumented immigrants, legal permanent residents, and even naturalized citizens.

The Elusive Path to Legal Immigration

The pathway to legally immigrate to the U.S. has become increasingly constrained, with fewer than 1% of people who apply able to do so, according to a report by the Cato Institute. The government’s restrictive criteria make legal immigration akin to winning the lottery, rendering it nearly impossible for most applicants. The wait times for employment-based green cards are staggering, with residents of India waiting an estimated 134 years. These constraints leave millions of immigrants in limbo, unable to plan for their futures or reunite with their families.

The Ordeal of Navigating the System

Agustina Vergara’s story exemplifies the ordeal many immigrants face. After moving from Argentina to Southern California to complete her master’s program, she applied to exchange her student visa for a work visa. However, her application was denied without explanation. Vergara’s life was put on hold, unable to return to Argentina without jeopardizing her chances of success. She describes the immigration system as convoluted, complicated, and nonsensical, designed to make it difficult for immigrants to succeed.

Limited Opportunities and Fear of Drawing Attention

Immigrants face numerous limitations due to their immigration status. Julio Calderon, who entered the U.S. illegally from Honduras, is unable to apply for DACA due to his age, leaving him without legal status. He describes the invisible wall that prevents him from building wealth and the difficulty of learning when one is hungry. Many immigrants, even those with legal status, avoid talking to the police, applying for jobs, or traveling out of fear of drawing attention to their status. The lack of mobility and opportunities further exacerbate the challenges they face.

Conclusion: The American immigration system remains broken, leaving millions of immigrants in a state of uncertainty and fear. The arbitrary nature of the system, coupled with confusing policies and limited opportunities, constrains the lives of immigrants, both those living in the country legally and those without legal status. The need for comprehensive immigration reform is evident, as immigrants like Judith Ortiz, Agustina Vergara, and Julio Calderon continue to navigate a system that fails to provide a clear path to success and security. As the debate on immigration continues, the stories of these individuals serve as a reminder of the urgent need for change.


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