Wednesday, February 23, 2005

Aliens!!!

No, we’re not talking about drooling, reptilian, extra-terrestrials that gestate in Sigourney Weaver. The political issue is probably more horrific and if not, at least it is more immediate. The debate percolates to the surface and usually comes down to a discussion of how terrible the President’s proposal for dealing with the problem is. There’s a lot going on, but the heat usually overcomes the light and the end result is that both sides of the aisle come together to oppose the President’s solution.

The conservatives adamantly oppose “amnesty,” arguing that rewarding illegal behavior by allowing it to stand without penalty is wrong. They will then put forth the principle that illegals are a drain on our society, they consume governmental resources, they are a criminal underclass and finally, they should all be packed up and shipped back where they came from. OK, got that.

The liberal side of the aisle, seeks to support their constituency of recent immigrants and oppose registration, identification and denial of benefits on grounds of the blatant inhumanity of it all. No, they shout, we can’t have these hard-working contributors to a better life for themselves penalized, ostracized or spot-lighted like coyotes in the desert on a moonless night. Right, got that too.

But, is there more here than pandering to voters in the hope of maintaining political power? What has the administration proposed and how does it fit into the matrix of solving the problem, maintaining the economy and, maybe most important, securing the homeland? Well, here’s what I see are the elements of the proposal:

1. Require all illegal aliens currently within the country to present themselves for registration.

2. Issue a three year work visa to them.

3. Require employers to verify that aliens employed by them are registered.

4. Require employers to demonstrate that the jobs held by these registered aliens are not fillable by US citizens.

5. Review work visas upon expiration for renewal. If the worker has violated terms of the visa, if the employer cannot demonstrate a requirement, or if the worker no longer wishes to remain in this country pursuing citizenship, they are deported.

6. Simplify a path to full citizenship.

7. Establish a program to enable visa holding aliens to save and invest their earnings in their future.

8. Collect income taxes and social security from visa holding aliens.

So, what’s the issue? First let’s acknowledge that there is an illegal alien problem. There are millions in this country illegally and we don’t know who they are, where they are or what they are doing. Sending them back where they came from is impractical at the minimum. It would bring large segments of our economy to its knees and it could very well be unconstitutional. So, registering the ones that are here without penalty is a step toward controlling and curing the problem. It isn’t amnesty, it’s finding out what we’ve got.

Second, issuing work visas lets us collect taxes, find out where these folks impact our economy and forces employers to put their labor force on the same playing field as the rest of the country’s workers. A huge segment of the underground economy is brought under control and the social costs of supporting this population begins to be paid by those collecting the services. Not a bad thing.

Third, the registration, visas, renewal and employer regulation aspects of the program create a governmental agency with responsibility for managing the alien population. Whereas the INS today has no idea where these folks are, after implementation, they will be able to monitor and when necessary deport those in violation of the program. Criminals, trouble-makers and drains on the society will be more readily identifiable and can be dealt with. Gaining something when today we have virtually nothing would be progress.

Fourth, a clear and well-marked route to citizenship would be a reasonable goal. Those wishing to either build a better life for themselves or to improve the lot of their families in their native land will be aided in achieving that goal. Those who mean us harm will be more readily identified and dealt with. Today, the plight of the illegal alien is that they must remain hidden and denied success or risk loss of anything which they have achieved. Not good.

Fifth, the program recognizes that there are a lot of jobs in this country that aren’t attractive or desired by our citizens. We need this guest-worker force to help our agricultural industry, support our hospitality industry, and bring their manual labor skills to our construction industry. That isn’t a pretty conclusion, but it’s true. Removing this manpower without consideration of what they do each day would quickly be reflected in sky-rocketing prices in the grocery store, the housing market and the hotel business, to name just a few. So, let’s be honest.

No, the President’s program isn’t perfect. But, it also isn’t amnesty. It recognizes some realities and it seeks to start on the road to correction of the problem. Will it fly? I’d like to see it happen, but somehow I doubt that it will get very far out of the starting gate. And, ten years from now we will be asking ourselves what we should do about the illegal alien problem.

3 comments:

Ed Rasimus said...

The question of whether the protections of the Constitution apply to non-citizens has no simple answer. In most cases, non-citizens receive equal protection, but there are a few exceptions in case law. Bundling people up, even when they have entered the country illegally, and deporting them without "due process" would most likely be viewed by the courts as unconstitutional.

Folks tend to think that they understand the clear language of the Constitution, particularly the relative terse wording of the Bill of Rights. "Congress shall make no law..." seems unequivocal. But, a fairly quick examination of the Supreme Court rulings on any given provision will quickly leave you confused and amazed at the nuances of language that have been imposed over the years.

Anonymous said...

Ed,

Well the only problem is, once you issue Visas and work permits, wages rise, they get a stake in the "system", and formerly illegal immigrants are on an equal footing with US workers, then you immediately create a demand for a NEW underclass of illegal immigrants who undercut the wages of the former illegal immigrants.

The problem is summed up by lack of enforcement. The current administration is not interested in enforcing the rules already on the books to penalize companies that hire illegals. That would solve the problem REAL quick. If nobody dares to hires illegals then the work vacuum dries up. Illegal immigration will slow down. Companies will hunt down poor US citizens to fill those jobs *or* actually invest in automating their industry that now relies on cheap labor not unlike india or bangladesh.

Bottom line, unless you can FIRST establish control of the border, and SECOND enforce laws against hiring illegals, border hawks have no interest in any work permit proposal.

Ed Rasimus said...

Mac,
There's a part of the proposal that you appear to be overlooking: the requirement for employers to specify that a citizen can't be found to take the job and the very finite time limit on the work visa. Those two components help to minimize the creation of the new class of illegals.

You are correct that the participants will become "vested" in the system and that is a good thing.

And, you oversimplify a bit regarding the enforcement question. Right now, with no visa or registration requirement enforcement is drastically hampered--even if there were funds to do so.

Additionally your FIRST step of controlling the border is one that has proven to be almost phyically impossible. We certainly aren't ready to build our own "Berlin Wall" and we aren't politically ready to fund an army of the size that would be required for the task.