Luis Magana, is the subject of a long interview in the New York Times today. You can read the interview below.
By EDUARDO PORTER NYT.
Published: April 16, 2013
Luis Magaña has been
an advocate of the rights of immigrant farm workers for his entire adult life.
The son and grandson of migrants from the
Mexican state of Michoacán who came to California as guest workers in 1917 and
1943, Mr. Magaña is a longtime friend. He has taken on every cause, from
improving dismal working conditions in the sprawling farms of the San Joaquin
Valley to extracting past-due compensation for aging migrants from the Mexican
government.
He has a better grasp than most people of
the most ardent wish of millions of immigrants working “without papers” across
the American economy.
Last week I asked Mr. Magaña, who came to
the United States as a child, about the renewed enthusiasm on Capitol Hill for
a reform of the nation’s immigration laws. What did migrants think, I
asked, about the sudden good luck that might give them a shot at American
citizenship?
His simple, straightforward response
contrasts with the complex set of finely balanced, interlocking provisions in
the proposal for immigration reform unveiled on Tuesday by a group of eight
Republican and Democratic senators. What the migrants want most, he told me,
“is to fix their papers,” gaining an opportunity to move freely and work
legally in the United States.
He cautioned against overreaching that
could end up ruining the hopes for legislation. “For migrants it’s like being
in the desert asking for a glass of water,” he said, “and suddenly here comes
your savior and offers you all sorts of beverages.”
Mr. Magaña remembers the last, botched
attempt at immigration reform.
In 2007, a plan championed by both the
Republican president, George W. Bush, and the Democratic senator Ted Kennedy
was sunk, in part, by Democrats who opposed creating a new visa for temporary
guest-workers who would not have a shot at citizenship. The provision amounted
to “a shameful repudiation of American tradition that will encourage
exploitation,” said an editorial in The New York Times. If the deal
couldn’t be improved, “it should be rejected as worse than a bad status quo.”
A couple of weeks later, an unusual
coalition of liberal Democrats and conservative Republicans — not all of whom
were concerned about the immigration rights of guest workers — passed an
amendment ending the guest-worker program after five years. At a stroke,
businesses’ interest in immigration reform evaporated. The effort was dead. Most illegal immigrants
and guest workers would probably welcome the opportunity to become American
citizens, eventually. It would open access to government programs like Medicaid. Most important, it would offer
protection in case the good will toward immigrants in Congress these days were
ever to sour.
But to the paperless immigrants of the
San Joaquin Valley — harvesting asparagus or lettuce; picking cherries or
grapes — the insistence on a path to citizenship for a few hundred thousand
guest workers six years ago ended up blocking the achievement of their most
important goal. The demand for perfection became the enemy of the good.
“Economic migrants don’t come to become
American,” said Mr. Magaña, who became a United States citizen though his
father and grandfather did not. “They don’t care about that, especially when
they just arrived.”
Could the same thing happen again?
Perhaps.
True, reform currently has the wind in
its sails. Republicans are tired of losing Hispanic voters. The fear that
immigrants will take jobs from native-born Americans has diminished as net
illegal immigration has fallen to zero and arrests at the border have hit
40-year lows. And with stronger economic growth in Mexico even as the increase
in its labor supply slows, says Douglas Massey, an expert on immigration at
Princeton, “the boom in Mexican immigration is over no matter what the U.S.
does.”
Still, immigration reform remains
vulnerable. Many Americans are ambivalent about granting
citizenship to what they see as a vast, poor, brown, Spanish-speaking
population with presumably divided loyalties. As the complex legislation
hatched in the Senate is exposed to the klieg lights of public debate, lots of
people are likely to flinch at the details.
Labor unions have come a long way in the
last six years. Still, many remain skeptical about tens of thousands of cheap
new guest laborers competing for jobs.
Some immigrant advocacy groups don’t much
like a provision to cull family-related visas.
Conservatives remain very uncomfortable
with granting residence and citizenship to “lawbreakers” who might consume lots
of public services and vote for Democrats once they are allowed to become
citizens years down the road. Many insist that America must “secure the border”
before anything else can happen — an implausible goal that could stop the
process in its tracks.
Yet as Americans consider the broad
attempt at changing the nation’s immigration laws, it is important to weigh any
discomfort at specific provisions against the alternative of no reform at all.
In a world without reform, the border
would not be any more secure, American workers would get no more protection
from cheap immigrant labor and immigrants would certainly get no better shot at
legal status and eventual citizenship. It is a world of nods and winks that
legitimizes an illegal status quo.
In 1997, onion growers from Vidalia, Ga.,
withdrew their applications for temporary farmworker visas because they would
have had to pay workers at least the prevailing wage of 80 cents a bag. When
agents from the Immigration and Naturalization Service raided Vidalia’s onion fields the following
year, not surprisingly they arrested a bunch of immigrants working illegally
instead.
Rather than give the I.N.S. a pat on the
back, the Georgia senator Paul Coverdell, a Republican, wrote a letter
complaining about its “indiscriminate and inappropriate use of extreme
enforcement tactics” against “honest farmers who are simply trying to get their
products from the field to the marketplace.” The I.N.S. promised no more
surprise inspections. And 15 years later about half of the immigrant workers
hired on American farms are still working there illegally.
By immigrants’ reckoning, the effort that
failed in 2007 was not a bad shot. In some respects, its temporary guest worker
program with no citizenship rights made it even better.
“The temporariness is a good thing, not a
bad thing,” wrote Dani Rodrik, an expert in development
economics at Harvard’s Kennedy School of Government, in a blog post in 2007. “It
allows others to take advantage of the same opportunity, and it enables home
countries to benefit from the newly acquired skills and resources of the
returnees. It also alleviates some of the social problems caused by long
absences of parents from home.”
Indeed, the program would have helped
both the United States and the developing world. “Even a minor temporary guest
worker program would generate greater benefits to the developing nations than
all of the Doha trade agenda taken in its entirety,” Mr. Rodrik wrote,
referring to long-stalled negotiations at the World Trade Organization intended
to open up markets for goods from the poorest countries.
Today, reforming immigration law could
achieve worthy objectives. Just granting the protection of law to 11 million
people currently living in fear of the authorities would be a notable victory
for the cause of human rights. It would be a pity if it were to be shot down,
again, for being imperfect.
E-mail: eporter@nytimes.com;
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