By Dr. Demarche
The United States government now employs an untold number of people who are either responsible for enforcing immigration policy or supporting those who do, ranging from Consular Officers in far flung places to immigration inspectors in airports and border patrol agents combing the arid deserts. Tens, if not hundreds, of thousands of people obey the law year in and year out while they wait in their home country for their chance to immigrate to America. All of these people, it seems, are fools.
Imagine that you are a Filipino, and that it has always been your dream to emigrate to America (or as the Dept. of State web site frames it “visiting permanently”), and that over twenty years ago your sister became an American citizen and filed an application for you to get a visa (visas for Filipinos are now available for “Brothers and Sisters of Adult Citizens” who had applications filed on their behalf in 1983). You have been waiting all these years, perhaps not so patiently, but obeying U.S. immigration law nevertheless. Today you turn on the news to find that the government of the United States is considering a bill to allow those in the U.S. illegally to remain there, if they pay a small fine and back taxes. They might even have a shot at U.S. citizenship, but don’t worry, it is not an amnesty. (By the way, no matter how much spin the White House puts on it, to the rest of the world this is an amnesty program.) What might your possible reaction be? Would it perhaps be enough to push you into the local anti-American camp?
Now imagine you are a border patrol agent, risking your life every night to comb the desert, never knowing if the shadows you are trailing are farmers looking for work or drug dealers packing more weaponry than you can imagine. Imagine catching the same person three times in one night and sending him back to Mexico each time knowing that you will see him again- and that if you don’t it does not mean that he has given up, only that he has made it past you and your colleagues and is safe inside the U.S., where not only is no one going to bother to try to find him but where there is now a chance that he will be welcomed here to stay. How willing will you be willing to continue to stalk groups of men in the night?
Setting aside the question of the impact any “non-amnesty but welcome to America potentially forever plan” might have on the morale of those who defend our borders and the justness of rewarding those who break the law, I find there are simply too many unanswered questions in the current debate regarding illegal immigrants to think that we can actually arrive at a viable solution at this point in time. For me the issue starts with a simple but profound question : “Why are we afraid to call them illegal aliens?” Call them “undocumented” if you like- but please recall that they are without documents only because they chose to do something illegal. Not to mention the fact that many of them are not “undocumented”- they carry the Mexican matricula consular (MC). Banks such as Wells Fargo, Bank of America and other large institutions have accepted the Mexican MC for years, and Wells Fargo is now accepting the Colombian version. So when we say undocumented, what we really mean is that they do not posses valid U.S. identification, but that does not make their presence in the U.S. any less of a violation of the law. We schizophrenically deny that they are illegal while demanding that the law be changed to legalize them.
The most popular current proposal calls for dividing the illegal population into three groups, based on how long they have been here illegally. Illegal aliens who have been here for less than two years will have to leave the country and get in line to apply for a visa- behind the next group in the plan. Can you envision the mad rush for the southern border? Me neither.
Those who have been here for between two and five years will also have to depart the country, briefly, to apply for visas or some other documentation which will allow them to return to the U.S. There are roughly 4,500,000 people in this group (Note: for consistency all immigration figures are drawn from here, unless otherwise stated). Let’s say that 80%, or 3,600,000, of these folks are Mexicans (although I’d bet it is much higher). Who is going to adjudicate all of these applications and ensure that these folks are not ineligible for return as currently required by law? According to the Department of State website the current wait time for a non-immigrant visa interview in Mexico is 115 days, plus 30 days of processing. What will happen to that wait time when over three and a half million more applicants are added to the mix? I can assure you that the Embassy and Consulates in Mexico are not physically equipped to handle such a massive influx of applicants, nor do they have the staffing needed to adjudicate such a number of applications in anything like a timely manner. Businesses in the States will be clamoring for the return of their work force, and congressional offices will flood the consulates with “help my constituent demands”and the pressure to rubber stamp these visa applications will be immense, contributing even more to the feeling that the life of an entry level diplomat is devoted to “doing dog’s work.”
Then there is the larger group of illegal immigrants involved- those who have been here for more than five years. They would not be required to depart the U.S. at all. That is right- break the law long enough and you can just apply to remain from your living room. Adjudicating all of the visa cases discussed above will require a monumental effort. Adjudicating this batch, though, will be a herculean one. How exactly, does an “undocumented” person prove that he or she has been here for longer than five years? Will a letter from an employer stating that Jose Sanchez has six years of faithful service be enough? What would stop every illegal in America from either forging or buying such a letter? Immigration fraud is likely to be rampant in these cases. From where will we draw the army of fraud investigators that will be needed to assure the integrity of the program? People in this category (and the above, I assume) will also have to pay back taxes, meaning that previously unreported income will have to be tabulated and verified and then taxed. Can you imagine auditing a return like that?
As President Clinton might have said, let’s not forget the children, either. How many American citizen children do think have been born to the seven plus million illegals who have been here for more than five years? The Federation for American Immigration Reform estimates that:
. . . there are currently between 287,000 and 363,000 children born to illegal aliens each year. This figure is based on the crude birth rate of the total foreign-born population (33 births per 1000) and the size of the illegal alien population (between 8.7 and 11 million). In 1994, California paid for 74,987 deliveries to illegal alien mothers, at a total cost of $215.2 million (an average of $2,842 per delivery). Illegal alien mothers accounted for 36 percent of all Medi-Cal funded births in California that year.
At least a portion of those kids, perhaps most, will have no knowledge of their parent’s homeland. Like it or not, these kids are Americans, and will strongly identify with American culture. Are we going to just send them back to a village in Mexico when dad’s visa expires?
Finally, how in the world are we going to pay for these reforms? All of this, from identifying who belongs to which category of illegal alien to interviewing them and adjudicating their cases, from levying fines to collecting taxes is going to be costly. I can’t imagine there won’t be an appeals process, and of course there is the matter of fraud investigation. The sheer number of man hours involved is staggering, not to mention the infrastructure needs. At least one, if not several, new layers of bureaucracy are going to have to be created to deal with this issue, and if there is one thing I have learned in Washington it is this: once new turf is created it can never be destroyed. Any government jobs created to deal with regularizing illegal immigrants will be with us for the long haul. I suppose at least one segment of the general population will benefit from this—immigration lawyers; you can rest assured that the minute a reform bill is signed into law the media will be saturated with advertisements for services to help illegals find a loophole in the system, and there will be many, but I digress.
I don’t propose to have the answers to all of the immigration issue questions. I do think, however, that it is incumbent on us and our political “leaders” to ask these and other questions before we rush to cobble together some compromise bill that manages to offend few and please none. I stick by my earlier sentiment that we should be focused on gaining control of our border before we worry too much about regularizing those who are already here. They have been here for a long, long time and aren’t going anywhere. In the meantime hundreds of thousands more illegal aliens arrive every year.
While working on gaining control of the border we should fix and expand the already existing “guest worker” program. (Note that much of the material appeared earlier at the Daily Demarche as part of a post called El Otro Lado). I would wager that most Americans have no idea that a guest worker program already exists in America- it is the H2 visa program. The H2 program as it exists today, however, is clearly broken. There are two H2 categories: H-2A applies to temporary or seasonal agricultural workers and H-2B, which applies to temporary or seasonal non agricultural workers. This classification requires a temporary labor certification issued by the Secretary of Labor and is limited to 66,000 per year. The process is convoluted (employers have to petition in advance, and prove that American labor is not available, applicants for the visa have to have a job offer before they apply) and much more expensive than hiring from the pool of available workers- almost no employer petitions without a lawyer involved.
This program should be expanded not just for Mexicans, but for all nationalities, national limits can be adjusted as necessary to replace global limits, and the national market economy would dictate these totals. Issuance of this new H2 visa should occur solely in the country of origin of the alien, no Chinese applying in London, please, and no exceptions for people already in the US illegally. The visa would include a taxpayer ID number tied into Social Security Administration system for verification of employability, providing for collection of taxes from these workers as well. When the initial term of the visa is up the holder will have to return to his or her home country for a set period of time before being eligible to apply again.
Once we have the border under control and an effective method of permitting more guest workers to enter as needed we will have to return to the issue at hand- the millions of illegals already here. In the meantime, we should not rush to a solution without carefully examining the costs and affects it will have on our deficit and society.