Wednesday, April 28, 2010

Illegal Immigration: Discuss without Fear

Immigration is a subject that caused the most heated discussions during my time in law school. It was surprising to me. I thought it would be abortion, death penalty, gay marriage, torture, or maybe gun control but no it was illegal immigration.

Liberals are unable to argue rationally on the issue. They get angry and almost immediately start throwing out personal insults, allegations of racism, and all sorts of other things. Voices get elevated, heart rates jump, and beads of sweat begin to form, and many times it is on white faces. For one to resort to personal attacks so quickly in a debate should be a sure sign of weakness. And in this case it most definitely is.

We want to stop criminals, undocumented workers, and potential terrorists crossing into the United States BUT we want documented workers, skilled laborers, and a steady flow of new citizens into the country. So how do we do both?

The conservative/legalist argument is that it is pointless to reform immigration law before we restore security at the border first. They want to close up the border with a fence and strict enforcement of immigration laws, with a clear documented record of who is coming in and who is leaving. Within the United States, they want illegal immigrants deported. Problem is there are probably anywhere from 12-15 million of them here already, many that have been here for years.

Another more mixed conservative proposal is to secure the border THEN decide what to do with those already here. In this case, they don't want mass deportations, rounding up of individuals. They are willing to listen to pathway to citizenship but will NOT grant amnesty. the legalists will not grant amnesty or offer any path to citizenship that does not require them to jump through all sorts of hoops and in many cases go home.

Moderates want to secure the border, create a path to citizenship, and really thats it. So they want a secure border and essentially amnesty. In this debate there are probably very few moderates.

The liberal will not secure the border until we have a clear path to citizenship, amnesty for those already here, and equal protection of those that came here illegally with those that come here legally.

Which of the four positions stops the criminal element from entering the United States? all of them except the liberal proposal.

Which of the four positions provides a means of discerning the criminal from the non-criminal immigrants (productive from nonproductive immigrants)? The two conservative proposals.

Which of the four positions provides a path to citizenship to immigrants that are already here? All four.

Wait a minute? You mean those crazy right-wing racists want a path to citizenship? Yes they do. It would not be easy and millions would likely have to leave under their plan. It requires paying a fine, paying back-taxes, becoming registered, learning English, and proving that they have no criminal record here or in Mexico. If they just got here, they would probably not have this option, they would probably have to leave. In addition, they would want the federal government to strictly control the flow of immigrants from this point forward to ensure we are receiving only productive new members of America.

Here is what offends a lot of people. hardliners would want those illegal immigrants who do not do all the above to be deported. That number could be quite large.

I believe the hardliner position is actually rational, except for the active effort to deport illegal immigrants. We should not focus law enforcement efforts in rooting out illegals but rooting out the reasons they come here, unscrupulous employers that have no problem hiring illegals and paying them sub-minimum wage. I also believe people should be given a fair chance to stay here, earn a living, and become a citizen. No Amnesty, but lets not make it impossible for a hard-working immigrant to get it done.

What is happening in Arizona? Self-defense. Arizona is not making a statement on what to do with illegals. What they are saying is that the lack of immigration enforcement or a reformed policy has led to an explosion of crime on the border. It is a situation they can no longer tolerate and are hence authorizing state police to do what the federal government will not do.

Arizona should not be doing this, but they were forced into a corner. What should happen is the federal government stop being cowards and actually agree on illegal immigration reform. At that point, the Arizona Law should be repealed.

I believe illegal immigration is stalled because of a giant electoral "boogey" man that does not exist. Somehow politicians fear a massive backlash from Hispanic voters if they support a strict or tough immigration policy. I do not believe that to be true. First, illegal immigrants do not vote and neither do their families. those that did come here illegally and were either granted amnesty in the 80s or have become citizens some other way since then will certainly not like the new law but I don't they have such large numbers, nor vote reliably.

What about those that came here legally? There is no compelling evidence that legal Hispanic immigrants and citizens strongly oppose tough immigration policy. The demonstrations are large and sometimes violent as it was in Arizona the other day, but one must ask: how many demonstrating are illegal immigrants? In other words, what portion of those protests were from non-citizens?

It is nothing more than a boogey man that moderates and conservatives must ignore. The majority of this country does not want amnesty, and they want the border secured. Go with that and you will not face this shadowy backlash from the electorate.

This situation needs to be solved. We are in such dire economic condition, we cannot help neighboring countries deal with their poor and unemployed until we can deal with our own.

No comments:

Post a Comment