Time to Revisit Immigration Policy ... Yet Again

Those of you who have been with me for any length of time will remember that, unlike anyone in Congress, I have actually proposed what I believe is a perfectly legal and workable plan to reform our long-broken immigration system. This is because I have no political axe to grind and, consequently, no need to use immigration reform as a cudgel with which to beat my political opponents. I won't bore you again up front with my detailed plan, but if you haven't seen it before or if you're interested in reviewing it again or sending a copy to your elected reprehensives, you can find the latest version (dating to February, 2017) at the end of this post.

Now, before those of you with a more conservative political outlook start raging at me for being an open-borders, America-hating, commie pinko ratbastard, you should know a few things:

(1) America does not have "open borders." What we have are a set of antiquated laws which no longer are appropriate to the economic and political situation that drives millions of people to seek a better life in America ... even as other countries warn their citizens that America can be a dangerous place to visit.

(2) No one in any elected position of responsibility advocates "open borders." What they do advocate is better control over our borders and a thorough review and update of our immigration and asylum policies, although they strongly disagree on how to accomplish those things. 

(3) If you advocate building a giant wall along the Mexican border as the best way to keep undesirable people out, you ought to take note of how well other attempts to keep people out with walls worked out: the Great Wall of China, Hadrian's Wall between England and Scotland, and the Berlin Wall (with which I have personal experience), did not succeed in eliminating invasions. Money wasted on walls would be better spent on expanding immigration and asylum courts and improving the integration of legal immigrants into American society.

Discussing immigration reform is a lot like discussing gun control ... it's pretty much useless since both sides see no room for or desire to compromise. Nevertheless, I'll keep trying. As a retiree, I have lots of time to waste when I'm not gardening, baking, or sitting on the deck with a glass of wine, reading a good book.

Have a good day. See below for my proposed immigration reform plan, and leave comments if you think you can improve on it. More thoughts coming. 

Bilbo

Proposed Comprehensive Compromise Immigration Reform Plan

February, 2017

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 levies a fine for having broken the law in the first place, and it partially funds the cost of the new program.  It provides something for those who oppose blanket amnesty, because it imposes a penalty, albeit a modest one, for the willful violation of the law. 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; in this case, 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 or won’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 would be valid for five years.  At the end of this period, the individual must report to the immigration authorities with proof of employment, proof of a clean police record (no felonies), 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 for all associated requirements 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 PRA status applications ends, anyone still present illegally in the country will become liable for arrest and deportation.  Because the great majority of previously-illegal immigrants will have taken advantage of the opportunity to legalize their status by becoming PRAs, those remaining in an illegal status will probably be those with criminal records.  Immigration authorities can then proceed to concentrate on this much smaller number of more dangerous criminals.

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.

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.

Employers would be responsible for reporting to the immigration authorities any change in the employment status of a PRA. If a person in PRA status is fired from a job or becomes unemployed and has not acquired a new job within 30 days, his or her status is revoked and he or she must leave the country until otherwise eligible to apply for legal immigration in the future.

The 14th Amendment to the Constitution states that "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." This means that children born within the United States - even to those who are here illegally - are US citizens, even though their parents may not be. If we as a nation wish to change the birthright citizenship status of children born in the future to illegal immigrant parents, the relevant part of the Fourteenth Amendment would have to be amended, perhaps to read,

"All persons born in the territory of the United States to parents who are citizens thereof, or to those who have attained citizenship through lawful naturalization, are citizens of the United States and of the State wherein they reside."

This would, of course, require passage of an appropriate Constitutional amendment, but it would remove a legal issue that complicates immigration and citizenship questions.

Regardless, although children born in the US to illegal immigrant parents are citizens under the Constitution, the parents of those children would be required to obtain PRA status just like any other illegal immigrant.

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. PRA status can be used for these persons, too. Businesses would project their labor requirements, and the State Department would make an appropriate number of specialized 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 under the same rules as any other person in PRA status.

This plan 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 this 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.

6. It does not, of itself, provide the “path to citizenship” that is a red line for hard core opponents of immigration reform.

7. It recognizes the reality that there are children of illegal immigrants who are, by virtue of being born in the United States, citizens, and requires the parents of those children to legitimize their status.

The downside of this plan is, of course, that prices on some goods will rise as a result of the improved status of low-wage, formerly illegal immigrants.  We’ll pay more for the produce picked by immigrants who are finally being paid a decent wage, and the services provided by those who no longer live in the shadows and earn meager wages.  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.