Revisiting the Immigration Rant

It's been a while since I ranted about illegal immigration, and I was reminded of that fact when yesterday one of my co-workers sent me this link to the commentary: "How to Fix Our Broken Immigration System," by Ruben Navarrette. I spent some time reading Mr Navarrette's recommendations and found some of them sound; however, most of his plan - like every plan put forward by those members of Congress willing to do so - fails to pass the reality test on several fronts.

On the plus side, it does impose stiff and escalating penalties on employers who hire illegal immigrants (he would omit the adverb "knowingly" from the law), recommends an unspecified "identification card," and imposes a fine on those who wish to legalize their status. On the negative side, it requires illegals to return home, and to the end of the application line, to apply for legal entry (as if that could be enforced), and his proposed fine is $5000. I doubt whether many, if any, illegals could pay a fine that high, even if you could find them to try to impose it.

But I give Mr Navarrette credit for at least putting a plan on the table. It's unworkable, but then so is every plan put forward so far by Republicans/Conservatives (which generally rely on fortified borders and mass deportations) and Democrats/Liberals (which generally consist of unworkable pie-in-the-sky plans fueled by handwringing and perceived "social justice").

Okay, so let's go back to the one plan that - in my humble opinion - really addresses every aspect of the illegal immigration problem: Bilbo's Immigration Reform Plan. If you read my plan when I first published it a year or more ago, you can speed-read to the end of this post (it's a bit long). Otherwise, read on and then tell me why this plan won't work:

Bilbo's Immigration Reform Plan of 2008

First, Congress enacts legislation to create a new category of immigration status – the “Provisional Resident Alien (PRA)” – and designate the status with a new form of ID card – let’s call it a “Blue Card.” Anyone who is in the United States illegally as of the date of enactment will have a grace period of six months to register for PRA status and obtain a Blue Card without fear of arrest, imprisonment, or deportation on any immigration violation charge. They would, of course, be subject to arrest for outstanding criminal violations unrelated to their immigration status.

A person registering as a PRA must pay a fee of $100 per person or $500 per family (whichever is less) for the privilege of obtaining that status. This fee does two things: it makes the person pay a fine for having broken the law in the first place, and it partially funds the cost of the new program. This provides something for those like myself who oppose blanket amnesty, because it imposes a penalty, albeit a small one, for the willful violation of the law. I can foresee that many churches and immigrant rights organizations will object to the fine because they think it’s either unfair or too much for poor immigrants to pay. Individuals or organizations who object to making the illegals pay the fine could be offered the opportunity to pay it on behalf those who, for whatever reason, can’t pay it themselves.

Once a person has been granted PRA status, they will be required to obtain a valid social security number, and will be entitled to the same rights, privileges, and social services as other legal immigrants; in exchange, they will be required to obey all laws, pay all taxes, enroll in basic English classes, and otherwise act as responsible members of American society. They will have the protection of labor laws which require payment of the minimum wage, and with a legal status, will no longer be subject to exploitation by shady employers.

Initial PRA status will be valid for five years. At the end of this period, the individual must report to the immigration authorities with proof of employment and proof that taxes have been paid. If these conditions are met, the individual may either extend the PRA status for another five years, or apply for citizenship. Citizenship is not automatic – it will still have to be earned through the same naturalization process completed by many millions of legal immigrants throughout our history, with the clock starting at the end of the PRA period, regardless of how long the individual has already been in the country. This protects the interests of those who have weathered the legal immigration process by preventing previously-illegal immigrants in PRA status from “jumping the line” for quick citizenship.

On the date the grace period for seeking PRA status ends, anyone still present illegally in the country will be arrested and deported.

Second, on the date the law is enacted, most immigration enforcement agents would immediately transfer to border security duty to crack down on new illegal immigration. Border security will be severely stiffened and those caught attempting illegal entry to the country will be summarily deported after being photographed and fingerprinted. Facilitation of illegal immigration (whether by “coyotes” who help smuggle illegals across the border or by those who knowingly employ illegals) will be made a felony, as will a second illegal immigration attempt.

Third, on the date the grace period for PRA registration ends, a set of very steep fines and jail sentences goes into effect for businesses and individuals hiring persons who are in the country illegally (without a Green or Blue Card). This will help to remove the economic incentive for businesses to support illegal immigration.

Now, this takes care of those who are in the country illegally today. But comprehensive immigration reform must also address the need for a responsive program to allow unskilled, low-wage workers to enter the country to take jobs that might otherwise go unfilled. I propose to use the PRA status for these persons, too. Businesses would project their labor requirements, and the State Department would make an appropriate number of PRA visas available to meet the need. Immigrants would then apply at the US embassy or consulate in their home country for PRA status covering any period of time from six months to five years, and need only maintain a job and pay taxes in order to maintain their status. At the end of five years, they would also have the opportunity to apply for citizenship.

New addition to my previously-published plan: revise the citizenship laws to stop granting automatic citizenship to any child born within the United States unless both parents are U.S. citizens. This would eliminate much of the problem of sham marriages and "anchor children" to establish legal residency for people otherwise here illegally.

That’s my plan. I know it won’t please everyone, but that’s the nature of a compromise, and the ability to compromise is what has been missing from political discourse in this country for too long. The advantages of my plan are:

1. It offers a way to legitimize the persons already here illegally (who, after all, are too numerous and well-protected to be rounded up and deported), but imposes a fine on them as a condition of legalizing their status (i.e., no reward for having broken the law in the first place).

2. It funds itself, in part, through the fines collected from those applying for PRA status.

3. It provides resources for increased border security by freeing up immigration agents who otherwise spend their days fruitlessly hunting down illegals.

4. It provides a pathway for low-wage workers to legally enter the country and take advantage of economic opportunities not available to them at home, while contributing to the US economy in taxes.

5. It removes the incentive for businesses to hire and exploit illegal immigrants who cannot seek their rights for fear of exposure and deportation.

The downside of my plan is, of course, that prices on some goods will rise. We’ll pay more for the produce picked by immigrants who are finally being paid a decent wage. But I believe that in the long run, this plan represents a good start toward a stronger America and a better life for those who would share in its dream.

Okay, readers, take your best shot. And Mr Navarrette, let me know why your plan is better than mine.

For the record, I sent copies of this proposal to my Virginia Representative, both of my Virginia Senators, and the President. I received formulaic responses from all four which essentially said, "blah, blah, serious problem, blah, blah, I'm working hard on it, blah, blah, thanks for your interest in this issue, and don't let the door hit you in the backside on your way out."

If you like my plan, send a copy of it to your Congressional delegation, and to the President. Maybe it will help them grow a spine and tackle the problem realistically.

But then again, probably not.

Have a good day. More thoughts tomorrow.

Bilbo