If we want to fix the illegal immigration problem, it can’t be done piecemeal; we need to have a comprehensive solution. The four elements I believe are essential to comprehensive solution are: First, secure the border; second, ensure that the new policy supports the rule of law by promoting legal immigration, and discourages illegal entry into the U.S.; third, implement a process that incentivizes illegal aliens to come out of the shadows and apply for provisional residency; and fourth, provide extra resources and support to areas with a large population of illegal aliens.
First, secure the border by substantially increasing the number of Border Patrol agents. We also need to finish fencing along the southern border, build more Border Patrol stations, and equip agents with the sophisticated electronic and military gadgets they need.
To encourage legal immigration, and decrease illegal immigration, we need to increase the number of temporary non-immigrant visas – our economy badly needs it. We need more workers in both high-skill and low-skill positions. If done right, it will be a boon to the economy.
We need to increase the number of H1B non-immigrant visas which allow U.S. employers to hire high-skill foreign workers up to six years. The U.S. isn’t producing enough college graduates in science, technology, engineering, and math – until we do, we need lots more foreign workers in these fields. In the U.S. almost half of the Ph.D.s earned in science and engineering are by immigrants (on student visas); and immigrants are responsible for almost a quarter of all U.S. global patents.
We also need a non-immigrant visa program to attract low-skill immigrants legally. These should be three-year visas, renewable for additional three-year periods. This program should include enrolling employers who can hire a specified number of workers each year. Employers would have to register job openings to ensure American workers get first dibs, and that the pay is at least the prevailing wage. It will help farmers harvest on time and prevent crop loss; and provide other small businesses with affordable help. It also encourages immigrants to stay documented, and ensure the collection of their payroll taxes.
By securing the border and making it possible for more workers to legally enter the country, we will be better able to prevent large influxes of illegal aliens. However, if the number of work visas isn’t increased, immigrants will continue finding ways to enter the U.S. illegally.
This legislation should also include a process that incentivizes illegal aliens to come out of the shadows and apply for provisional residency permits. This process should begin only after plans are in place and efforts started to secure the border. As part of the application process, immigrants would have to undergo a background check and pay a $500 fine. After obtaining a provisional permit, these immigrants will be able to work here legally.
To encourage timely applications, there should be only a short time frame for illegal aliens to apply for permits, along with a certainty that those who don’t apply will be deported when apprehended. The permits will only be available to aliens who have resided continuously in the U.S. before January 1, 2012; and these immigrants will not be eligible to get any kind of government assistance like welfare, healthcare, or unemployment.
Only after ten years can immigrants with provisional permits apply for permanent residence (a green card), and those applying will have to prove they are a law-abiding, employed, and pay all back taxes. Immigrants gaining permanent residence status, could then apply for citizenship, but would have to go to the back of the line behind all other immigrants who have legally entered the country. This will be a long wait, but in the meantime illegal aliens now living in the U.S. will be able to live here legally without fear of deportation.
The final piece of this legislation would be to provide extra resources and support to areas with large populations of illegal aliens. Some cities and counties have substantially more immigrants than others, and these communities have legitimate concerns about aliens being a drain on scarce resources. We will need to come up with a process to ensure that these localities get the funds and support they will need from the federal government to effectively absorb a large number of immigrants.
The four elements I’m recommending here are largely based on the bi-partisan U.S. Senate bill passed in June 2013 – they will be integral to any comprehensive bill on immigration. Other elements could be added or items changed to improve the bill or help forge compromise, but this would be a good starting point.
The ultra conservative radical faction in the U.S. House of Representatives has been preventing any legislation on immigration to be voted upon. They are insisting that first we must secure the border, before anything else can be enacted. While I agree that we need to first secure the border, doing that and nothing else may slow illegal immigration, but will not stop it, nor fix the associated problems of still having 11-12 million illegal aliens in the country.
As a fiscal conservative I always look at things from a financial standpoint. At the same time, as a pragmatist I also try to look at issues realistically. One thing that doesn’t make sense to me, is trying to deport 11-12 million people. I am all for the rule of law and I agree these people broke the law by entering the country illegally; however, we can’t cut off our nose to spite our face.
That doesn’t mean we should stop deporting people. But since immigration courts are backlogged, we should first prioritize the deportation of felons, violent criminals, and national security threats; and then medium-high priority law breakers and trouble makers.
It’s not easy to deport people unless they are bad guys. Not true for those that haven’t broken laws and been productive members of society. Trying to do so is far more difficult, takes much longer, and clogs-up immigration courts. In September 2014, there was a backlog of over 396,000 cases, and the average time to get a hearing was almost two years. There aren’t enough courts and judges to process cases any faster, and adding more would be difficult and expensive.
It currently costs the U.S. about $6.3 billion to deport about 330,000 people a year, or a little over $19,000 per deportee. Using this math, it would cost about $190 billion to deport 10 million illegal aliens. This is assuming that we could stop all future illegal entries into the U.S., find enough judges and courts to increase the number of hearings, while trying to find and deport 11-12 million people. This cure is far worse than the disease. We can’t afford it.
There are other practical reasons we can’t deport 11-12 million people. It would be terrible for the economy. If we did start quickly deporting illegal aliens, many farms and small businesses would struggle to replace immigrants now on their payrolls – several who are long-time and key employees. In addition, lost wages in communities with high numbers of immigrants would adversely impact local economies, and result in lost tax revenue.
There would also be increased social costs. Many illegal aliens are the bread-winner in their families, but spouses and children who are U.S. citizens can’t be deported. Deporting the primary wage earner would destabilize the family, result in costly public support benefits, and possibly lead to long-term social ills with much higher public costs.
I recognize that many people are concerned illegal immigrants use up local resources. But a non-partisan CBO report concluded that while tax revenues generated from illegal aliens do not offset costs of services provided, the impact is relatively modest. It’s also estimated that only 30-50% of illegal aliens are paying taxes. Getting legal status for the other 50-70% would dramatically increase the collection of taxes and potentially turn these small deficits into healthy surpluses.
In addition, the Social Security Administration reports that undocumented workers contribute about $15 billion a year to Social Security through payroll taxes. Over the years, undocumented workers have contributed up to $300 billion, more than ten percent of the $2.7 trillion Social Security Trust Fund.
It’s very important that we get as many immigrants on the books as possible. Doing so allows us to keep better track of them and they become part of the real economy, instead of remaining part of an underground economy. It will ensure they are paying taxes, and encourage them to do important things such as getting a driver license and insurance, opening a bank account, and establishing a credit score.
I realize this is a hard pill to swallow for my fellow rule of law supporters, but let’s be sensible. We should not put our emotions ahead of our wallets. Is this how we manage our households? Like all decisions involving money, we can’t have it all. I’d rather spend the money on keeping illegal aliens out going forward, and fixing the system.
While we delay, the meter is running and we continue spending our grandkids money. We have bigger fish to fry, like eliminating the deficit and reducing our enormous national debt. We fiscal conservatives need to let go of past government mistakes, focus on fixing the problem, and move on.
Note: As I warned in last week’s blog, Congress has not yet funded the Department of Homeland Security for the rest of this year. Once again, the ultra conservative radical faction in the House blocked this legislation last week, and Congress could only agree to a one week extension. The drama continues with a new deadline for this Friday – shame on them.
No blog next week, I’ll be on vacation.