A Proposed Legislative Scheme to Solve the Mexican Immigration Problem

2 San Diego Int'l L.J. 93

18 Pages Posted: 6 Jan 2015

Date Written: August 1, 2001

Abstract

This article proposes a legislative scheme to undo the incentives that Congress has created and perpetuated since the 1960s for Mexicans to live unlawfully in the United States. The main features of the proposed scheme are: (1) the exemption of all family-sponsored immigrant visas from Mexico’s per-country quota, (2) a guaranteed percentage of the quota of diversity (“lottery”) visas for Mexicans who have no family member or employer who has sponsored their immigration, (3) a waiver of unlawful presence for Mexicans who return to Mexico by a specified deadline, and (4) revocation of the visa petitions of Mexicans who remain unlawfully in the United States. The purpose of the proposed legislative scheme is to remove the incentives that Mexicans currently have to live unlawfully in the U.S., incentives that Congress has created and perpetuated since the 1960s. It is proposed that Congress eliminate the per-country quota restrictions on family-sponsored immigrant visas for Mexicans, allowing them to compete freely against the natives of all other countries for the worldwide quota of such visas. In addition, a percentage of diversity visas should be guaranteed to Mexicans who have no family member or employer who will sponsor their immigration. As a part of the proposed legislative scheme, Congress should grant “reverse-amnesty” to all Mexicans who are unlawfully present in the U.S. by giving them a deadline by which to register at an American embassy or consulate. At the same time, Congress should deny benefits of the legislative scheme to Mexicans who nonetheless remain unlawfully in the U.S. And finally, as an overall guiding principle, Congress should not pass, revive, or extend any law that tolerates the unlawful presence of aliens in this country. Part II of this article describes how the current visa “quota” system works. Part III describes the events that have led up to today’s Mexican immigration problem. Part IV sets forth a proposed legislative scheme to solve the problem.

Keywords: Immigration Reform, Mexico

Suggested Citation

Bettwy, Samuel William, A Proposed Legislative Scheme to Solve the Mexican Immigration Problem (August 1, 2001). 2 San Diego Int'l L.J. 93. Available at SSRN: https://ssrn.com/abstract=2545205

Samuel William Bettwy (Contact Author)

Thomas Jefferson School of Law ( email )

1155 Island Ave
San Diego, CA 92101
United States
619-546-7125 (Phone)

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