The article below was first posted on Daily Kos on March 16, 2007, under the name Jersey Grandpa. It received 12 comments. I responded on March 18, and that response is posted in this site with that date.
Congress is currently considerating changes in immigration regulations. There follows a proposal that I have sent to my own Senators and Representative. I welcome comments on it and invite readers to send similar letters to their representatives. The proposal and its rationale follow.
The Immigration Bargain
Part One: Stop all illegal immigration as soon and as completely as is practical.
Part Two: Invite all those immigrants who are here now without legal status to come forward, apply for legal status, agree to meet certain conditions, and receive temporary legal status and a temporary ID card. Grant permanent legal status and ID card when the conditions are met.
Rationale: I call this the “immigration bargain”. It asks those who focus on stopping illegal immigration to agree to grant legal status to residents who do not have legal status now, subject to certain conditions. It asks those who focus on the interests of current immigrants to support measures to stop further illegal immigration.
In order to get something it wants, each group will agree to something the other group wants. This will be a bargain. Neither group will compromise its primary interest.
I believe this bargain will resolve the two most contentious issues in the immigration debate. It deals only with illegal immigration. Discussion of other issues, such as immigration quotas and a guest worker program, should be put off until passions cool and the dialog can be calm and objective.
A key strategy for part one of the bargain is to remove incentives for illegal immigration and access to jobs in particular. Success will require cooperation from employers, from the immigrants themselves, and from those who support them.
It follows that the status of those who are here without legal status today must be resolved in a manner that is seen to be both practical and fair. This is the reason for coupling the two parts of the bargain.
There follows a suggested set of conditions that applicants for legal status should agree to.
• Fill out an application with a short biography, the place and date of entry, and a history of travel, residency, and work in the US.
• Be photographed and provide biometric data, such as fingerprints.
• Receive and carry an ID card.
• Submit to and pass a background check.
• Be deported or imprisoned if there are significant omissions or misstatements in the application, or if the background check discloses significant crimes or misconduct, other than the illegal entry itself.
• Learn English.
• Pay back taxes.
These agreements should be enforced with fairness and common sense.
Very important is a standardized tamper- and forgery-proof ID card with biometric data. It will facilitate conclusive identification. All citizens should be encouraged to carry one. It can become the ID card of choice in most situations. Examples: applying for a job, boarding a commercial flight, applying for and using a credit card, medical emergency.
I believe the proposed bargain is superior to some other suggestions. Examples:
• A program that grants legal status to immigrants who came here before some specific year, and not to those who came later, will be difficult to implement. It will pick winners and losers and be divisive.
• Job opportunity is a strong incentive for illegal immigration. Any new legislation that fails to block this opportunity will also fail to stop illegal immigration. These failures will cause bitterness for decades. Much of the current anger and distrust is a legacy of flawed decisions in 1986.
I fear any legislation that attempts to deal with all immigration issues at one time. It will inevitably include compromises, some made out of the public view. Those who have little influence in Congress will lose out, low-wage American workers in particular.