On Illegal Immigration...

So, I watched a Republican debate awhile back (not a huge Dolphins fan or Patriots fan, I guess, although the parts that I saw were exciting).  The question of illegal immigration and whether or not to build a fence came up.  Oddly, one might think, the border state governor, Rick Perry – Texas, said “No” to building a fence the entire length of the border, while non-border state candidate, Santorum, and others insisted quickly that “Yes”, we must build a fence…a belief shared by many conservatives.  Now, I like both of these gentlemen, but…

The reason why Santorum and so many conservatives are just wrong on the fence issue is quite simple:  What are you going to do right now about the “coyote” (i.e. a smuggler of humans) who right now is climbing over, digging under, or cutting a hole in the fencing that is already there?  Are you willing to have a National Guardsman or Border Agent walk up and shoot this man (...and, if necessary, those who are being smuggled across the border by him)?

If you are willing to have these Agents or Guardsmen use bullets to stop someone from cutting a hole in the fence, then just use the bullets to stop them from crossing the border!  Why do we so desparately need the fence?  What…just to slow them down long enough to shoot them?  And...if you're NOT willing to use bullets to stop the destruction of the fence then, again, the fence is just as useless because it won't be there long.  In the end, the fence is a boondoggle designed to make it “look” like we’re doing something.

Let’s get to the real issues of illegal immigration:  illegal employment and housing.  Illegal immigration would end tomorrow if we took away the incentives that we offer folks to cross the border illegally, including social programs.  I hear some people say, “Just enforce the laws that we already have.”  Well, no, that’s not good enough either because the price is not high enough.  Let’s look at some serious steps toward solving the problem…

Step 1:  Militarize the border.  This is actually only intended as a stop-gap measure until we complete the “dis-incentivization” process.  We would use deadly force, if necessary, to immediately stop the invasion of our nation by unknown persons.  This would include use of geological equipment (similar to what is used in searching for oil) to detect and destroy tunneling operations.  The probability is that the military would have to use force very few times before the message was received.

Step 2:  Asset forfeiture.  Small fines are ineffective against large corporations who routinely hire illegal immigrants.  As with drug trafficking, any corporation or individual found guilty of knowingly hiring or housing illegal immigrants should face a forfeiture of any assets directly involved in that activity(i.e. the whole facility is seized.)  Any executive and/or board member of a corporation which is found guilty of such hiring or housing practices a second time should face forfeiture of all corporate assets, as well as their personal assets (i.e. a “corporate death sentence”).  Proving that such people have “knowingly” hired or housed illegal immigrants can be difficult because employers make claims of false documentation, but evidence of the under-payment of individuals and/or the failure to use an easy Social Security verification system (which employers and landlords must be able to access) should be considered sufficient proof of the employer's knowledge.

Step 3:  Worker program.  Only AFTER Steps 1 & 2 have been FULLY implemented, we could reform our immigrant worker program to allow non-citizens greater legal access to the American job market.  This program should provide only temporary access to the job market (perhaps 6-12 months at a time), should come with an identification system of its own which requires the payment of an income and Social Security tax but which does not provide a Social Security benefit unless the person actually becomes a citizen.  Conviction for a felony would terminate the individual’s current and future use of the program; conviction for a third misdemeanor would do the same.  Overstaying one’s time limit for the program would be considered such a misdemeanor, but an employer’s continued employment of an individual beyond the permitted period would result in the asset forfeiture sanctions discussed above.  Such a program should also take into account the current unemployment rates and shift immigrant access rates accordingly.

These three steps would effectually end illegal immigration for “friendly” reasons, allowing us to focus on protecting our borders from those with less than friendly intentions.

Incidentally, very few people seem to be aware of the 11th Amendment which might have interesting applications as regards States’ Rights with respect to illegal immigration measures.  (It's worth some exploration.)

We also need to correct the assumption of the courts (and many other Americans) as regards the right of citizenship of those born to parents who are in this country illegally.  It was not the intent of our Founding Fathers to provide an “anchor baby” excuse for illegal immigration and being born on American soil is not the only requirement for citizenship according to our Constitution (14th Amendment).  There is also a clause which reads “and subject to the jurisdiction thereof…”  There is a need to clarify the meaning of that phrase and, perhaps, even amend the Constitution further to state plainly that citizenship requires that a child be born to parents who are, themselves, citizens…not just residents, legal or otherwise, thus incentivizing the path to legal citizenship.

There is one other question to consider…  Why is it that nothing ever gets done about “illegal immigration”?  The answer is actually very simple:  Neither party REALLY wants to control illegal immigration.  The Democrats have a long history of recruiting immigrants to their ranks and desire amnesty for these millions of potential future voters.  The Republicans desire illegal immigrants for the cheap labor that it provides to their “big business” buddies.

If you want illegal immigration to stop tomorrow, militarize the border and start seizing corporate/personal assets gained through the illegal activity, stop granting citizenship just because moms make it across the border before having a child, and illegal immigration will end.  And, incidentally, we won’t have to worry about “deporting” anyone at tax-payer expense.  If a man can’t find work and can’t find housing, he will find his own way back across the border.