Give me your tired, your poor

"Give me your tired, your poor,
Your huddled masses yearning to breathe free,
The wretched refuse of your teeming shore.
Send these, the homeless, tempest-tost to me,
I lift my lamp beside the golden door!"
-- From a Poem by Emma Lazarus on the pedestal, Statue of Liberty, New York

Nearly all of the people in the United States today are either immigrants or are descended from immigrants, no matter how far back one wants to go. With the exception of the indigenous population, from the beginning of colonization of the New World in the 1500’s, we or our forefathers came here from other places.


Now, in the late 20th and early 21st century, we are dealing with another problem that has come to the forefront of political debate from time to time, and a solution continues to vex American politicians of both parties. That is the problem of immigration reform. There is nearly universal agreement that the US immigration system has massive problems; the agreement on how to fix it is less clear.


First, let’s define terms. For the purposes of this discussion, I will use the following definition: An illegal alien is a person who is not a US Citizen and who in this country and who falls into one of two categories: Entry Without Inspection (meaning crossing a valid US Border checkpoint and being admitted by a customs inspector), or Entry With Inspection (but who has violated the terms of their visa permitting entry) Aliens who have entered without inspection are treated much more harshly than an alien who has entered with inspection and who has violated a term of their visa permitting them to remain in the US. There are at least 11 million illegal aliens, and this number is probably in error in that it is too low. The reason the number is probably too low is that there is no reliable way to count illegal aliens; most are not interested in showing up to be counted by the government for any reason.


Next, let’s examine what we do about illegal aliens currently. If someone is found to be in the US illegally, it can be because they were swept up in an ICE (Immigrations and Customs Enforcement) raid (such as the highly publicized raid in Iowa not too long ago), but more often, its due to a criminal conviction and/or jailing pending trial. Many jails routinely screen for immigration status and inform ICE if the person appears to be in the US in violation of immigration law. Once ICE has been advised, they normally place an “immigration hold” on the person. The tricky part is that if ICE doesn’t take custody of the person within 48 hours of completing the sentence (if the person is serving one) or being otherwise eligible for bail, the person has a right to petition for a writ of habeus corpus to be released from custody. Let’s assume, however, that ICE comes and takes custody.


The person will then be brought before an immigration judge, and asked if they agree that they are subject to removal from the US. If they agree, then they are either allowed to voluntarily remove themselves from the US or are deported back to their country of origin. (Sometimes a bond is required if they are allowed to voluntarily remove themselves) If they disagree, they may be held pending a hearing at which point the government must prove that they are ineligible to stay in the US for a variety of reasons (that I won’t discuss here for brevity’s sake)


The reasons that people enter the US illegally are complex, but include the fact that there are opportunities available in the US that do not exist in their home countries. This includes jobs, better working conditions, and higher pay. The argument has been made that illegal immigrants take jobs away from US citizens. A counter argument has been made that illegal immigrants generally take low paying jobs that US citizens won’t take. Both sides of the debate present data which tend to back up their claims, and the truth is probably closer to both sides being correct. Illegal immigrants may very well take some jobs away from US citizens, but at the same time, they also take jobs that US citizens won’t take.


I always think it is disingenuous to identify a problem without a solution. I don’t think this is a crisis by any means. I think there is room for improvement in our system, and I do not think its feasible to simply round up and deport the huge numbers of illegal immigrants that we have in the US as some on the far right have demanded. Nor do I propose granting amnesty.


I give some credit to President Bush for daring to take on the problem of illegal immigration and for proposing some solutions which were very against the majority of the Republican party. In the field of immigration law reform, the Republican party is between a rock and a hard place. The right-wing base seems to have the idea that it would be practical to try to deport at least 10 million people from the United States. This is not an idea grounded in reality. Others within the Republican party enjoy the idea of having illegal workers in the US, because they can be exploited to work for practically slave labor wages.

My suggestion for the illegal immigration problem is two fold:

1. We must stop the economic incentive that illegal aliens have for coming to the US. This means we must pass and enforce strict new laws concerning employers or contractors who hire illegal aliens. A suggested regulation or statute would read as follows:
A. Upon acceptance for hire, all employers in the United States who collect payroll taxes from employees must examine government issued photo identification and an original social security card upon which the name matches the photo identification. Anyone who operates on a contract or subcontractor relationship shall also comply with this Act. The social security number thus provided bust be provided to the USCIS (US Customs and Immigration Service) for verification against the USCIS database within 72 hours of acceptance of employment. The USCIS shall maintain a database of all persons eligible to work in the US. If the employer is notified by USCIS that the social security number thus provided does not match the name then:
(1) The employer must provide the prospective employee with this information and give the employee the name and address of the nearest social security office and the USCIS office.
(2) The employer may provisionally hire the prospective employee, but shall demand that they produce government issued photo identification and an original social security card and re-enter tha number thus provided into the USCIS database no less than 30 days nor more than 45 days after the initial entry. If the employer is notified by the USCIS that the social security number does not match the name or that the person is not eligible to work in the US, the employer must immediately terminate the employee until such time as USCIS can report that the social security number and name match and that the person is eligible to work in the US.
(3) The employer may not repeat the process in Section 1(A)(1) and (2) more than one time for any particular individual. The employer shall report to local law enforcement the name and last known address of any individual who produces more than 2 sets of identity documents showing different names.
B. If the employer is notified by USCIS that the social security number thus provided is not valid for employment, the employer must immediately terminate or refuse to hire the individual.
C. Any employer who fails to comply with Sections A or B shal be deemed for the purpose of this act to have knowingly hired a person not authorized to work in the United States.
D. Any employer who knowingly hires a person not authorized to work in the United States is guilty of a felony and upon conviction shall be punished as follows:
(1) For the first offense committed after this statute is effective, a fine in the sum of $25,000 per unauthorized person found in the employ of said employer.
(2) For the second offense committed within ten years of a first offense, a fine in the sum of $50,000 per unauthorized person found in the employ of said employer.
(3) For a third offense committed within ten years of a first offense, the employer shall be deeded to be operating a continuing criminal enterprise and all property of the employer, including real and personal, and any proceeds of the crime, shall be subect to forefeit to the United States. The Court shall determine, after hearing, the extent to which the property has been involved, but the Court shall include the physical location where the violation occurred in its determination.

The above proposed legislation would help with the people who are both here now, and are tempted to come in the future. Would it stop it entirely? No, it would not. There will always be some who are willing to come and gamble that they can find someone who would hire them and not pay any attention to the rules. It would help with the institutionalized hiring of illegal aliens that is routine in some American industries. Under this proposed legislation, any employer, not just large companies, would be required to comply with this requirement, as would anyone who hires "subcontractors" but who does not withhold payroll taxes.

2. As far as those who are currently here illegally, I would give the above legislation a chance to work, but would also given an opportunity for these people to bring themselves legal. I would show them that there is an opportunity in the US, but to earn the right to legally work in the US would not be easy, nor would it be free. Hopefully, many of those who are here illegally would decide to return home when they could not find work. For those who chose not to, beginning on the effective date of the statute and for a period of two years, those who are illegally in the US can apply for provisional residency status, with some provisions:
A. The illegal alien must show that they have been in the US for a period of at least five years prior to the effective date of the statute. The USCIS will develop a list of documentation which is acceptable for proof, including but not limited to employment records. Said employment records can only be used for proof of residency.
B. The illegal alien must undergo a criminal background check to determine if they are otherwise admissible for residency in the US.
C. The illegal alien must, within five years of being granted provisional residency status, complete the following:
(1) Pay a civil fine of $2,500 for every year that the illegal was in the US prior to application. Such civil fine is not discharged in bankruptcy.
(2) Declare, file and pay any income taxes due and owing for every year the illegal alien was in the US prior to application. If no W-2 can be obtained, the illegal alien must declare all income as self employment. The Internal Revenue Service shall share such income tax returns with USCIS upon request.
(3) Maintain continuous employment for the five year period of provisional residency. If unemployed during this time, such period of unemployment may not exceed 6 months nor may there be an aggregate of more than 1 year of unemployment. No person under 18 shall be required to maintain employment if a dependent or dependent spouse of a provisional resident. A person under 18 years who reaches the age of 18 years during the period of provisional residency shall, if not enrolled full time in a bona fide institution of post-secondardy education, be employed during the remaining period of provisional residency. No one above the age of 72 years or disabled pursuant to the Social Security Disability Act shall be required to maintain employment, but no provisional resident shall be eligible for payments under the Social Security Disability Act unless they otherwise qualify based upon eligible periods of employment.
(4) Demonstrate continuing compliance with all US and state laws and tax provisions.
D. If, after the five year period of provisional residency has expired, all requirements have been met, the provisional resident shall apply for and be granted permanent resident status. Failure to apply for permanent resident status within one year of the ending of provisional resident status shall terminate provisional residency and the provisional resident must leave the US.

The above may seem harsh, and a high burden to overcome, but it is better than deportation and it is far from granting amnesty. This proposal allows for those who find they truly wish to stay in the US to apply for permission to be here legally, but that the process of doing so will not be cheap and it won't be easy. It should not be. They chose to break our law and enter illegally, and they can comply with our law or go home.