Immigration Reform - Thorns and Roses

For all the people who like to quote “The New Colossus” by Emma Lazarus:

“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!”,

don’t forget that when it was written, the major East Coast door for immigration was Ellis Island. My grandfather and grandmother landed there, after being judged suitable for admission in a consulate overseas, and were allowed to actually come ashore after passing an immigration physical there. The wretched refuse was a select wretched refuse.

It has been 131 years since that poem was written, and much has changed in the world. The United States of 1883 had no social welfare programs, no significant unemployment problem, and vastly fewer rules as to how a newcomer could begin building a new life.

Both my mother and mother-in-law were immigrants from Canada. Despite the similarity between the two countries, both my father and my father-in-law were required to post bonds to bring their brides to this land; they had to guarantee that their wives would not become burdens to our society.

My father-in-law and mother-in-law sponsored many immigrants after the Hungarian Uprising of 1956, paying the bonds required and guaranteeing that the refugees would be found jobs and be taken care of privately (not at taxpayer expense!) until they were on their feet.

The laws that applied then have been liberalized to a great extent, yet in spite of that, the nation is awash in immigrants who have thumbed their noses at the rule of law and simply moved in. The demagogues have demanded that taxpayers care for them and give them “rights” and privileges that many native-born citizens cannot avail themselves of. Meanwhile, there have been those honest and conscientious seekers of America who have attempted to follow the rules and have been stymied by bureaucratic red tape and understaffing of the offices which should be processing their paperwork.

We are long overdue for a revamping of our immigration process. Consider three current categories of newcomers.

First, the native-born children of immigrants, whether by legal or illegal entry. These are possessors of birthright citizenship, and should not be denied any of the rights and privileges of a native-born citizen. Call them “Dreamers” if you wish, but citizens they are. Being citizens, they should behave like citizens, and uphold our laws. Shame on any citizen who ignores the law.

Secondly, the immigrant who wishes to follow the rules and become a law-abiding citizen. A new category should be devised for these folks, perhaps on the lines of the old “Landed Immigrant” status which was granted to newcomers to Canada. These people would apply for admission in a consulate in their native land, with either a U.S. citizen sponsor willing to provide a job and support (or alternatively, with sufficient self-funding to accomplish the same). Upon completion of a five-year residency, demonstration of ability to communicate adequately in English, successful passage of the citizenship test, and affirmation of allegiance to the Constitution, the “Landed Immigrant” would become a new citizen with all the rights, privileges, and responsibilities of a native-born citizen, saving serving as President of the United States.

The third category, the immigrants who have flooded the country illegally, should be allowed to come out from the shadows under strictly specified conditions. Those who would be willing to register and submit to a physical and criminal background check would be granted a “Visitor’s Card”, which would permit them to work and conduct business in the same way as a citizen. However, they would be strictly prohibited from becoming citizens unless they returned to their native land and made application like any other “Landed Immigrant”. This would apply to the relatives of all native-born citizens equally; if they wish to become citizens, they must follow the legal procedure.

Provision of the “Visitor’s Card” would not be “amnesty”. It would be a means of bringing the underground immigration movement out of the shadows. Holders of the “Visitor’s Card” would not be eligible for social assistance programs of any type, since that card would confer no privileges beyond being able to legally be present in the country for work, study, or vacation.

Since the “Visitor’s Card” would empower the immigrant to find employment, those who would employ anyone who was not either a citizen or a possessor of the proper documentation would be subject to stiff penalties, beginning with fines, for employing an undocumented worker. This would apply to domestic workers as well as commercial workers. An undocumented visitor who was found to be employed would be subject to immediate deportation. It would be the employer’s responsibility to verify employment eligibility, and a “whistleblower” program to help enforce that would not be unreasonable, possibly funded out of the fines. Legally eligible workers would pay taxes, including social security, medicare, and medicaid, and would be eligible for benefits under those programs. They would also be required to meet the same responsibilities for obtaining healthcare insurance as any other taxpayer.

The United States has made enormous strides in the past half-century in equalizing opportunity for her residents. The key to maintaining the stability of that system is still the concept of “equal justice under the law”. We can still make the “huddled masses yearning to breathe free” a part of our society, but their only guarantee that the freedom will last is if we hold fast to the laws of our land. Bring the people who have broken the law out from the shadows, give them an opportunity to live in freedom, but do not under any circumstances treat any people differently because of their skin color, religion, or national origin, or simply because we lack the will to preserve our American uniqueness as the “golden door”.