Immigration: toward reform
Authority over immigration is federal. It is based on the Constitution and Supreme Court decisions and largely derives from powers over naturalization, foreign commerce and sovereignty.
States can complement national laws, not substitute for them. Utah politicians have suggested various proposals to address 110 thousand undocumented aliens. Some deal with enforcement while others deal with benefits. Federal law would preempt most, if not all, of these proposals.
A Utah solution, described as a “carrot-and-stick approach,” is unwise for legal, societal and fiscal reasons. The unfortunate metaphor offends on a literary and intellectual level. Are the governor and legislators talking about animals?
Reform must be national. It should flow from good public policy not politics.
Congress refuses to address immigration reform. No longer should we wait for concrete proposals. The broken system requires an overhaul.
Official immigration statistics indicate that sixty-six percent of immigrants come through family categories, 12 through job categories and 22 through other. This is more complex in practice. Family-based immigrants work, and employment-based immigrants have families. Wise reform would match these percentages to economic and societal needs.
The currents system dates to 1965. It should be updated. Categories for spouses, minor children and elderly parents should be preserved. Other categories such as adult children, siblings, etc. should become part of an immigration formula. Family relationships should count but not be determinative.
The employment-based system favors highly-skilled immigrants. Our economy needs workers across all skill levels. The formula should respect that.
The number of visas should rise and fall with economic strength. Industries with labor shortages should get special consideration. Good immigration policy would stimulate the economy.
The formula for evaluating candidates should include occupation, a job offer, experience and family ties. It should balance the interests of global competitiveness and family unity.
Immigration reform must deal with undocumented aliens. Almost 11 million live here. The number is worrisome. They will not simply disappear.
Mass deportations are neither realistic nor wise. Punitive laws will not serve as a solution. We will not make our lives better by making others’ lives worse.
Undocumented aliens who pay a reasonable fine, put their taxes in order, have a clean criminal record and demonstrate good intentions, like knowledge or study of English, should have an opportunity for lawful status.
Last year, the U.S. spent 11.5 billion dollars on customs and border protection. Absolute border security would be extraordinarily expensive and probably impossible. Strategy should focus on criminal activity and serious threats.
Undocumented aliens generally come here for jobs. A genuine employment verification system would work more effectively for far less money than a militarized border to deter undocumented immigration. Besides, many undocumented aliens today enter with visas then overstay.
The employment verification system makes mistakes. It identifies documented workers or citizens as potentially undocumented. It fails to detect some types of fraud. Reform should correct these errors and strike a balance between the need for an individual identifier, privacy concerns, efficiency and accountability for employees and employers.
We must adapt our static immigration system to the needs of a dynamic society. Political responsibility is not exclusive to politicians: all of us have responsibility—even the undocumented.
