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Law and Border: The Seven-Hundred-Mile-Fence Proposal and the Rule of Law

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Title: Law and Border: The Seven-Hundred-Mile-Fence Proposal and the Rule of Law
Author: Graham, Ann
Abstract: This article proposes that the current immigration policy does not work and should be replaced with a universally enforceable immigration policy that can be successfully implemented. Because of limited resources, the new immigration policy must balance the following issues: the rule of law, human rights, national security, the economy’s dependence on cheap migrant labor, the costs and benefits of Mexican migrant workers, and the meaning of being an American. The author recommends decoupling national security and immigration policies, reducing spending and focus on militarization of the border, establishing a path for legalization of undocumented workers, and resuming bilateral talks with Mexico. The article discusses the proposed fence along the United States-Mexico border. The author explains this fence does not address the immigration concerns with the Canadian border, sea borders, or international airports. Next, the author explains how current immigration policy does not follow the rule of law. The author discusses the trade-offs we face in the implementation of a sound immigration policy. The author discusses human rights concerns arising from the current immigration policy. The author provides a history of immigration reform from the 1800s to the present day. The author concludes with recommendations for a better immigration policy.
Date: 2008

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