The unexamined element of immigration reform
By Erwin de Leon :: October 22nd, 2013
Now that the government shutdown has ended and the debt limit lifted, President Obama has shifted his attention to immigration reform. He argues that it is imperative that the broken immigration system be fixed once and for all. Considering the bruising everyone just went through, it is hard to imagine lawmakers duking it out over another contentious issue.
Imagine that comprehensive immigration legislation does manage to clear Congress and the White House. Will systems be in place to handle the surge of immigrants who will be eligible for legalization? I cannot speak to the capacities of federal and state governments, but I can begin the conversation on the nonprofit infrastructure that helps immigrants integrate.
The U.S. Senate immigration reform bill that passed last June includes a path to citizenship for a vast majority of undocumented immigrants. The Congressional Budget Office estimates about 8 million will be eligible and apply for regularization of their status. The process will be long, arduous, and costly. But before they embark on this path, individuals will need, first and foremost, legal assistance in understanding the process and submitting applications.
Unauthorized immigrants, who are mostly low-income, will have few resources, if any at all, to secure the services of immigration attorneys. Many will turn to immigrant-serving nonprofits providing free legal information and advice. A new Urban Institute brief provides an outline of these organizations.
An analysis of data from the National Center for Charitable Statistics indicates at least 684 nonprofits provide some form of legal aid to immigrants. These providers are dispersed throughout the United States and can be found where immigrant communities have settled.
It appears, however, that there aren’t enough of them. In the 10 states with the largest populations of undocumented immigrants, nonprofits that provide legal services to immigrants would have more people to serve than other nonprofits. For instance, in Texas, there is one nonprofit providing legal aid to immigrants for every 41,250 undocumented clients. In contrast, the ratio of other nonprofits to the general population is 1 to 2,916.
In the top 10 states with the largest percentage change in undocumented immigrants, nonprofits that provide legal services to immigrants potentially have a larger population to serve compared to other nonprofits. For instance, in Maryland, the ratio of nonprofits that provide legal aid to immigrants to potential undocumented clients in 1 to 27,500. In contrast, the ratio of other nonprofits to the general population is 1 to 2,182. Alabama is a stark case, where the two nonprofits that provide legal services to immigrants could face an estimated 120,000 undocumented individuals.
This very high ratio of undocumented immigrants to potential sources of nonprofit legal aid should be a cause for concern. Adding thousands of new cases to existing caseloads without substantial infusion of resources—funding and staffing and volunteers—is not a realistic scenario.
The infrastructure for assisting undocumented immigrants with legal issues is very thin, compared to the projected needs. A concerted effort to assess capacity and plan for expansion is required. Further analysis will help identify where and how infrastructure and capacity can be built to prepare for comprehensive immigration reform. In the meantime funders and other stakeholders can step up and support this research.