In my prolegomenon, I discussed the historical context of illegal immigration and my initial thoughts on the true nature of the problem. In this post I will offer my humble proposal for solving the immigration problem, after much reading and deliberation of what is a highly complex issue. Though highly complex, I believe this can be winnowed down to a few core reasons we find ourselves in this situation, and I believe a few core principles can actually resolve the problem if we have the will and the fortitude to see the solution through. In my view, the cause of the problem itself is twofold. First, we have employers who are willing to exploit illegal foreign workers today just as they were willing to exploit legal foreign workers during the Bracero program. Second, we have a federal government that is willing to look the other way while these employers exploit low-wage workers. Note that I don’t see the illegal workers themselves as part of the problem, but see the illegal immigration problem simply as a symptom, in this case, of those who would exploit the least of their fellow human beings for financial gain.
Indeed, it is the job of the federal government both to enforce immigration laws and to punish employers who hire illegal workers, of which it has done neither. In fact, we hear nothing on both sides of the aisle in Congress about the exploitation of workers, because everything coming out of Congress is a political calculation instead of a substantive and principled position. The Democrats calculate that a full amnesty is a means of appeasing Latinos (mistakenly believing Latinos think monolithically and universally embrace illegal immigration), thus gaining a favorable block of voters, but don’t seem to give a damn about immigration laws or the fairness of giving citizenship to people who have broken our laws as compared to those who legally apply and wait their turn. Republicans seem to be intent on rule of law, but I hear very little from them about exploitation as being a principled reason in which to act decisively on immigration reform. Fundamentally, I believe any solution originating from Washington will be a political calculation. The fact that we have such a lame group who call themselves leaders bodes ill for our country, and I think it is time that we as Americans seriously reevaluate the people we are sending to Washington. What we need is true, principled leadership, and I see very little of that today. So let me say that what I’m proposing would not be feasible without principled leadership, because it will require hard choices.
My basic outline for resolving illegal immigration rests on two principles. The first principle is that we have created this problem, and it is up to us to fix it. The vast majority of illegal immigrants come here because we have all but opened the door and asked them to come through a lack of law enforcement, the lure of jobs, welfare benefits (patently unfair to taxpayers), and a far better life than in their own countries. I believe most reading this post would do the same if in the same position as the people I lived amongst when I lived in Mexico in the early 1990s. The poverty and squalor was breathtaking, making the poorest of our poor look wealthy by comparison. I witnessed this every single day on the way to work in Monterrey and when visiting Mexico City. My second principle is that we are a nation of laws, so we cannot turn a blind eye to the law. In solving the illegal immigration problem we cannot implement a solution that simply encourages more of it, as that is not a principled solution. It may be a political solution because a particular party stands to gain, but as I stated earlier, a political calculation is not a solution. Citizenship is notably absent from this proposal, and is wholly intentional. Until the basic problems of illegal immigration are resolved, I don’t believe there can be any profitable discussion without undue acrimony. So let’s solve the basic problems first and then we will be prepared to have discussions about citizenship within the bounds of modifying existing immigration law.
So here is my proposed solution for a sponsored guest worker program, in keeping with the principles above, and in view of the Bracero program (please note that this program is only economically feasible for labor within the North American continent, and is distinct from any other programs):
- We must first create a guest worker program that registers all existing illegal immigrants, providing those who are currently employed with three (3) year work permits that entitle them to enter into contracts with sponsoring employers. No one will be accepted who cannot demonstrate current employment in writing. Families may register if one adult heading the household is providing for the family. Family registration is allowed at the initiation of the program for illegal families in the U.S. converting to the program. No families will be included in the program moving forward. Citizenship will not be offered as a part of this program, and will instead be a matter to be taken up wholly separate from the guest worker program initiative. You or your children may, however, receive in-state tuition for college after two (2) years have elapsed of your first work permit. Children will continue to be educated in the public school system. Any government benefits other than public education will cease, and will become the responsibility of your sponsoring employer.
- All current employers of illegal immigrants, who have benefited for far too long by exploiting low-wage workers, must now sponsor and provide fair wages and benefits (such as healthcare) to workers so they will not burden taxpayers. This is a fair price to pay for not being prosecuted. If you have illegal immigrants working for you, they are now your responsibility. And no, you cannot fire them now that you are responsible for them, though you must enter into contracts with all guest workers in accordance with the program, which may require a minimum time commitment. The idea is that you will make this right or face penalties equal to or exceeding what you would pay if you were doing the right thing all along.
- If you are currently here and do not have gainful sponsored employment, you will have to return to your country of origin and apply for the guest worker program. The program will be orderly and timely in matching up workers with sponsoring employers. If you want to work and have the requisite skills, we will match you up with an employer who will enter into a contractual arrangement ensuring you are paid a fair wage and have access to medical care. Housing will not be provided. You must acquire and pay for housing in the private market as everyone else does.
- If you are an illegal immigrant converting to the guest worker program, or you are a foreign worker interested in joining the program, you will be subject to a thorough criminal background check. If you are a criminal, you will be deported in the first case, and not admitted in the latter case. If we cannot verify you in your country of origin, you will be deported.
- Once the program commences, all employers that hire illegal immigrants moving forward will be subject to severe criminal penalties. All illegal immigrants not registered within a to be determined registration period will be considered felons and will be deported.
- Guest workers will not be eligible under any circumstances for public benefits, other than educational.
- The guest worker program recognizes that there will be those who do not wish to become citizens. This is not a requirement to participate, and there is no limit to the number of contracts you may work during a work permit period, and no limit on renewal of work permits given an exemplary work history and no criminal activity. Just know that as you are not a citizen, you will not be entitled to the same rights and responsibilities of being a citizen. Your permit will be clear in this regard. Employer demand will determine if you are here working, so if you have no sponsoring employer, then you must return to your country of origin.
- All guest workers must abide by all U.S. laws, and will be deported if convicted of any crime. If a head of household is convicted, then the entire family will only be deported if there is no other adult working under the program. In that case, the lawful adult may remain with the family while the criminal adult is deported. Once children reach adult age (18), they will be able to participate in the program as adults and will lose dependent status. Juveniles may not be deported, but will be subject to juvenile penalties and may be deported after reaching adulthood.
- If a guest worker loses sponsored employment due to no fault of their own, then they may enter the front of the program line to pursue another contract. If unable to gain employment within three (3) months time, the guest worker must return to their country of origin, but will still retain their place in line for the next contract. Employers will be required to set aside travel funds in case of this event. If the worker is fired for sufficient reason, the worker will have to return to their country of origin and will go to the back of the line of the guest worker program.
- If you are a self-employed illegal immigrant, then you will still require a work permit, but will not be working under an employer-sponsored contract. You must register your business and demonstrate that you have a sustainable business that will provide for you and your family with no public benefits. You will be subject to taxes as a foreign national and must provide healthcare for yourself and your employees. You will not be allowed to be a burden on American taxpayers.
This solution is not perfect, but rests on principles that are merciful to illegal immigrants and fair to the American people. I cannot emphasize enough that this is not a “mix or match” program to be gutted by self-serving lawmakers, but consists as a whole. I am open to commonsense suggestions that simplify it and do not complicate. One huge benefit is that the program will largely equalize the gap between native-born workers and guest workers since employers will now have to pay fair wages and provide benefits. This will also be helpful and predictable to struggling, neighboring countries that will provide guest workers. I also believe this program should include stepped up border enforcement with more of a focus on drug trafficking and other criminal activity such as criminals and terrorists who seek to cross our border. With a robust guest worker program and federal enforcement of immigration laws, there would be virtually no reason for someone to cross the border illegally unless their intent is criminal. Local and federal enforcement would be far more focused and would be able to do their jobs without significant increase in current manpower because they won’t have to worry about illegal border crossings for people who are solely looking for better work opportunities, as are the vast majority of illegal immigrants.
I’m looking forward to your comments, positive or negative. Perhaps we the people, if we can forge a commonsense plan, can lobby our representatives to get behind this proposal and force a solution proposed by the people instead of politically opportunistic legislation rammed through by Washington bureaucrats. I will have a follow up post to outline a few other thoughts, and will particularly discuss the polarity in views on illegal immigration.
{ 8 comments }
All, I have made some modifications to remove any discussion of citizenship and to handle the case of self-employed illegal immigrants.
Rick, families do make this more problematic, and I have simply accounted for it because it must be accounted for. Incoming guest workers would not be families, but only single people. In effect, the families are “grandfathered” in.
Also the guest worker permit would only be incident with the first employer contract, because the worker may finish with one employer and be picked up by another after they have fulfilled their contract.
The idea is not to complicate this, and to also show mercy, which some don’t want to do with illegal immigrants. I don’t think we can get around that fact, but we can put a package in place this time that assures there will not be an illegal immigration problem in the future by imposing penalties and actually enforcing them.
It’s clear that you put both intellect and compassion in your analysis. Perhaps that’s why some elements lack a bit of clarity. For example, your original thesis was advancing a ‘guest worker’ program; intimating a focus on individuals not families. That would refute your defense of the ‘3-month grace period’ hinged on illegal immigrant families. To be candid, the preponderance of burden must be placed at the feet of the illegal alien. These folks regardless their country of origin or motivation have each performed the mental calculus of risk vs. reward. I’d assert, they’re prepared for immediate flight over imprisonment. The just incentive our government should advance to illegals is simple; flee or be jailed.
I do not make such claims from the perch of a malevolent person. Rather, I too base them on fundamental principle. Let’s examine the grace period from a different perspective. Let’s remove one variant that of illegal status. I’m fond of thought experiments for vetting an idea or hypothesis. What would happen to a bona fide citizen who has children enrolled in a public school whose children aren’t authorized to attend because of geographical restrictions on residence? The short answer is that they will be removed immediately with civil and perhaps criminal penalties levied against the parents/legal-guardians of those child students. There’s no grace period whatsoever. The same result would materialize if those student children didn’t have requisite immunizations or if they were infested with common head lice. Again, there’s zero tolerance nor accommodation granted. I’d suggest one is defending the indefensible to grant illegal aliens a ‘circle-of-protection’ not afforded to actual citizens. That’s precisely what a 3-month grace window does.
An aspect of the Bracero program was that the guest workers were deported during the Great Depression. We’re arguably approach such economic benchmark now. During the height of the depression era unemployment hit 25%. De facto unemployment today is essentially 17% and rising. Using mutual national history as a guide, deportation is just and not without successful precedent.
I’m glad you asked for comment pro or con. I have another. I imagine that comes as no surprise! What’s your basis for advancing a three-year guest worker contract? When one considers the vast majority of employment is at-will for each party, a three year contract seems improbable. Outside of military service, professional sports and public facing ‘talent’ in the music and entertainment fields of endeavor where does one find multi-year employment contracts? The term ‘guest’ to me intimates ‘temporary’, e.g. 90days, perhaps 180-days at the outside. No way, no how, does three years, 12-business quarters, qualify for that working definition.
I also think the “anchor baby” law should be changed. It is an incentive for illegal immigration. We should also limit health care to illegals. It is another reason they come here – for free health care. It has contributed to “breaking” our system and takes away tax dollars for Americans who need health care help and cannnot afford it and has increased costs for Americans who are paying for their own health care.
Finally, we need to get our Americans off their butts and be willing to do the jobs that the illegals are taking. I picked fruit, worked in fast food and did other jobs in high school and college. Our youth today are unwilling to do these jobs, in part as a result of parents spoiling them, which has resulted in a unfulfilled need by employers who have resorted to hiring the illegals.
Many thanks for your comments, and you make great points.
The rationale for the “3 months” rule is that in this case we are dealing with families in the illegal immigrant community. We aren’t starting from scratch with only the worker here as in the Bracero program. This program gives the heads of household the opportunity to search for a new contract and also tie up “loose ends” (e.g., wait for school year to end if they have kids) if need be in preparation for the return home.
On reciprocity, I have given a bit of thought to this and I absolutely that any countries that we are negotiating with to bring their people into the program would have to include some sort of reciprocity. Recall that the Bracero program was a negotiated program with the country of Mexico. We broke our commitments to them to make sure the employers held up their end of the bargain, which ultimately led to the program being cancelled as employers reniged on their commitments to the bracero workers and embraced illegal immigrants since they were cheaper. The mess wer’e in now we created ourselves.
Sir, I enjoyed reading your principle centered illegal alien solution. I concur with much of your historical background. We perhaps differ only with respect to the low-wage-myth commonly perpetuated and which you’ve continued here.
I’d like you to elaborate more on your rationale for a 3-month post employment ”grace-period” whereas current H1-B visa workers have just 2-weeks.
I’d also like you to include more reciprocity with respect to country-of-origin. My idea is that we should provide incentive to foreign nations to insist their citizens toe the line by obeying our customs laws and respect our sovereignty. I imagine this can do implemented in a myriad of ways. Have you cultivated lines of thought along those lines? If so, I encourage you to share them.
I missed your enforcement mechanism. How will you get folks who already benefit by breaking our laws to comply with them?
Here’s my solution:
1) Repeal minimum wage and end special privileges for unions so our the price of labor can reach a free market level.
2) End all tariffs to allow a natural (and more efficient) division of labor.
3) End the war on drugs to kill all of the Latin American drug cartels (and, incidentally, end all of the terrorist money from the poppy trade)
4) End all welfare programs (although illegal immigrants are not eligible for many of these, their legal children are)
5) Stop forcing hospitals to serve people who can’t pay (nobody would think to make grocery stores give food to people who can’t pay).
Voila! illegal immigration problem solved. When there aren’t subsidies or unfair competitive advantages as a result of sneaking across the border, there won’t be many folks doing it. We’ll only have the number of immigrants needed to meet the demand for labor. Our problem isn’t some Honduran farmhand taking our money; it’s American government giving it away! …and to anyone who supports minimum wages and tariffs, you obviously don’t have faith in a true free market. Only when the price of labor can float with all other prices are we able to guarantee 100% employment of all willing and able workers.
I think this program is fair and righteous to those who have been here and those who desire to come. First, I agree with your assessment of our legislatures as they only do what is in the best interest for them. That problem will likely be solved with term limits where we get honest represwentatives who want to do what’s best for the country and not for themselves. Second, your ideas about the equally guilty employers is right on. If the illegals are not exploited for their willingness to work for less wages, and the employer is not fined or jailed for their breaking the law, then the traffic for illegals to come will be far less. Both my husband and I have agreed that the employers are the main problem. There will still be however, some who will figure out how to manipulated even this well thought out system, so as you said, it may not be perfect, but it most definitely a step, a giant step, in the right direction. The biggest problem I see is getting the legislators to hear you with an open mind and see that healing this wound in our country must be solved for the preservation of our liberty and laws. Those who have ridden this system for their gain for a very long time…in both parties will have a hard time seeing the worth of your proposal if there is nothing in it for them. It may take getting an entirely new congress to get it done but it must be done! Thanks you for your efforts in thinking this thing through in putting a sound system in the arena for someone to consider. Good luck and keep everyone posted on your plan. I pray that you find an open door and ears that will listen.
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