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Immigration and Liberty
· Wednesday, May 19, 2010
My sentiments on immigration are expressed by the welcoming words of poet Emma Lazarus' that grace the base of our Statue of Liberty: "Give me your tired, your poor, your huddled masses yearning to breathe free." Those sentiments are probably shared by most Americans and for sure by my libertarian fellow travelers, but their vision of immigration has some blind spots. This has become painfully obvious in the wake Arizona's law that cracks down on illegal immigration. Let's look at the immigration issue step by step.
There are close to 7 billion people on our planet. I'd like to know how the libertarians answer this question: Does each individual on the planet have a natural or God-given right to live in the U.S.? Unless one wishes to obfuscate, I believe that a yes or no can be given to that question just as a yes or no answer can be given to the question whether Williams has a right to live in the U.S.
I believe most people, even my open-borders libertarian friends, would not say that everyone on the planet had a right to live in the U.S. That being the case suggests there will be conditions that a person must meet to live in the U.S. Then the question emerges: Who gets to set those conditions? Should it be the United Nations, the European Union, the Japanese Diet or the Moscow City Duma? I can't be absolutely sure, but I believe that most Americans would recoil at the suggestion that somebody other than Americans should be allowed to set the conditions for people to live in the U.S.
What those conditions should be is one thing and whether a person has a right to ignore them is another. People become illegal immigrants in one of three ways: entering without authorization or inspection, staying beyond the authorized period after legal entry or by violating the terms of legal entry. Most of those who risk prosecution under Arizona's new law fit the first category -- entering without authorization or inspection.
Probably, the overwhelming majority of Mexican illegal immigrants are hardworking, honest and otherwise law-abiding members of the communities in which they reside. It would surely be a heart-wrenching scenario for such a person to be stopped for a driving infraction, have his illegal immigrant status discovered and face deportation proceedings. Regardless of the hardship suffered, being in the U.S. without authorization is a crime.
When crimes are committed, what should be done? Some people recommend amnesia, which turns out to be the root word for amnesty. But surely they don't propose it as a general response to crime where criminals confess their crime, pay some fine and apply to have their crimes overlooked. Amnesty supporters probably wish amnesty to apply to only illegal immigrants. That being the case, one wonders whether they wish it to apply to illegals past, present and future, regardless of race, ethnicity or country of origin.
Various estimates put the illegal immigrant population in the U.S. between 10 and 20 million. One argument says we can't round up and deport all those people. That argument differs little from one that says since we can't catch every burglar, we should grant burglars amnesty. Catching and imprisoning some burglars sends a message to would-be burglars that there might be a price to pay. Similarly, imprisoning some illegal immigrants and then deporting them after their sentences were served would send a signal to others who are here illegally or who are contemplating illegal entry that there's a price to pay.
Here's Williams' suggestion in a nutshell. Start strict enforcement of immigration law, as Arizona has begun. Strictly enforce border security. Most importantly, modernize and streamline our cumbersome immigration laws so that people can more easily migrate to our country.
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Duke of Earl
Dr. Williams;
I don't believe that everyone has a right to live in the U.S. I think that the U.S., as well as the other nations on this planet, have the authority to limit the number of immigrants that will be accepted each year. The problem here is that when the law is passed, the number(s) of allowable immigrants can and will change. The second proble here is that there are always more applicants for visas than applicants who will be approved.
Next comes the ratio of nationalities that will be accepted, etc. etc. etc. America is the Great Melting Pot because virtually every person here has their roots in another country. So, this begs the question: why is someone eligible this year and not last year and maybe not next year. There is no rhyme nor reason to the selection process. And, mores the pitty.
I would add this suggestion to your "Increased Border Security" suggestion. Try to instill in the governments who are keeping their residents poor, under fed, and without proper living conditions the ideals of America. After all if life is good at home, the people will not want to leave so readily. Let's get the other nations to improve their Human Rights policies and ,maybe, some of the imigration problems can repair themselves.
Duke
Posted May 19, 2010 at 12:13:54 PM
Rich C
Duke you nailed it. What if the people south of our border were so in love with liberty and freedom that they demamded more from their government, an uprising equal to that of 1775? Our government has been looking the other way while the southern governments abuse the God given rights of thier citizens, so that we can enjoy the fruits of our illegal cheap labor.
Posted May 19, 2010 at 12:59:45 PM
M Rick Timms
Immigration Reform Compromise Solution M. Rick Timms, MD
Effectively Close Border – Eliminate probability of illegal entry
Announce Limited period (90 days) Registration of illegals already in US
Offer “Plea Bargain” with admission of guilt and payment of significant fines.** Thats the Carrot
Issue work permit for 18 – 24 months- staggered to permit assessment at renewal.
Those who remain unregistered after 90 days period will be considered illegal and subject to immediate deportation. ** Thats the Stick
No preferred path to “Green card”, permanent resident status or citizenship.
THIS WILL WORK – AND WE MUST DEAL WITH THIS !!
****
American security is at risk. Our borders must be controlled. We must EFFECTIVELY CLOSE our borders in order for us to begin to deal with the millions of illegal aliens in the United States, many of whom are established , productive workers, many with American born citizens who carry “birthright citizenship”. We can not carry out a modern version of “Operation Wetback” that removed millions of illegals following the Korean war as American GI’s returned home. BUT, we also cannot allow those here in violation of the law to remain here without penalty, or be provided amnesty and a reward of expedited path to citizenship. That is simply not acceptable in any moral terms.
We need to protect our borders and identify everyone who comes across it. The following are my insights on how a compromise between the “Shut the border first – then talk” vs. the “Amnesty for all- let ‘em work cheap” is possible.
Unless the border is effectively closed to illegal entry there will be no incentive to comply with the rest of the comprehensive plan which follows. This step can be part of a comprehensive plan but it must be the FIRST STEP and it must be EFFECTIVE
STEP 1 - Close the gaping holes in the border with the NATIONAL GUARD – emphasize that this is not the 3rd ID with Tanks and 50 Cal. Machine guns. These are the people we call on in a crisis to protect our way of life at home. We are not militarizing our border; we are simply enforcing our right to protect it from illegal entry. There is a moral imperative to remove the perceived possibility of a successful border crossing. By not closing the border we encourage the risk of life and limb by those who will attempt a high risk dessert crossing. We should not provide water stations – but rather CLOSE the border and remove the opportunity. The escalating drug violence emphasizes this point.
.
STEP 2 - Identify which Agency (multiple agencies may be recruited to assist) will handle the registration of millions of applicants for the new process. Recognize that it will take months to prepare materials for this undertaking. THE BORDER MUST BE EFFECTIVELY CLOSED PRIOR TO REGISTRATION . Also recognize that the initial registration should permit the majority of those here now who are not known criminals to stay for a reasonable period of time – perhaps 18-24 months – to allow time for the initial processing and establishment of the procedure. This should be done using new tamperproof materials but should be viewed as only the start of a long process, which is in addition to and complies with the existing immigration procedures (ie. These applicants may receive a work permit and in 18 months renew that permit if able to meet criteria, such as proof of a job. No Job, time to go home. They MAY choose to apply for PERMANENT RESIDENT ALIEN status if they meet the same criteria as those already in the system. Then (after many years) they MAY apply for citizenship if all other requirements (No criminal record, English skills, etc) are met.
( The Process to achieve PERM RESIDENT ALIEN ( green Card ) status took over 7 years for my wife – from Scotland – and cost several thousand dollars in fees – without lawyers. The point is-- this is a process – DO NOT GRANT “GREEN CARD” or “PATH TO CITIZENSHIP” that overrides those that have been or are in the existing process.)
-----The PLEA BARGAIN- and reestablishing the RULE OF LAW ----
The initial step is to register for temporary (? 18 mos. ) work permit/ visa. The effective operative name for this process is the key and will make it work for both sides of the current debate. Those here illegally have broken our laws and it is essential that this point be emphasized in order to re-establish the RULE-OF-LAW.
Illegal aliens who present for registration must acknowledge that they have violated border control statutes and in most cases multiple tax laws. TREAT THEM LIKE we do MOST CRIMINALS ----- IF - THEY WILL ADMIT they BROKE the LAW- then
Let them have a PLEA BARGAIN ! It is not AMNESTY and It is not DEPORTATION
It is a COMPROMISE in TERMINOLOGY that will SATISFY both sides of the debate!
PLEA BARGAIN with a requirement that they ADMIT violation of the law, that they register and are now SUBJECT TO INCOME TAX withholding, FICA, Medicare etc.
This PLEA BARGAIN will re-establish the rule of law, create an incentive to register (assuming the border is closed to free flow and that penalties for not registering during the proscribed period will be severe – ie deportation – see below)
The process could be initiated by the Social Security Dept, the POST OFFICE, or by the US prosecutor’s office, or perhaps by all agencies using a unified process. ( It will likely take the use of all official public offices to get this done – but one or more may be most appropriate – i.e. Taxes and SS office or the Prosecutors office since it involves a crime)
In addition to agreeing to accept the PLEA BARGAIN – the illegal registrant must also pay a FINE / Application FEE of no less than $2,000.00 at the time of registration. This is NOT AMNESTY – it is a PLEA BARGAIN agreement being offered to those in violation of the law. This should apply to any illegal over 16 years of age. All must be registered but the fine is only for those over age 16 (arbitrary – but most under 16 were likely born here anyway! See Ending Birthright Citizenship below.)
This process will allow us to identify who is here and begin to capture income tax. This is a process that will take years and it is important to include the processing steps in initial legislation to make clear that it is going to be a long process, but one that will work for both workers and the employers who need them. -- And that the DETAILS can work.
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THE PERIOD FOR REGISTRATION is LIMITED to 90 days (no more than 180days)
Since the terminology matters in trying to find a compromise solution “Application Period“and “Registration Period” may have different meanings. Application implies you might not get approved and Registration sounds like a government thing. I like “Registration” as in Voter Registration.
This must be well publicized. This is the one and ONLY Chance to achieve the opportunity to stay and work legally in the US – if you are here illegally.
-----------------------------------------------------------------------------------------------------------
STEP 3 - After the PERIOD OF REGISTRATION anyone found here illegally shall be fined, $2,000 and be removed to the home country – “deported “- and prohibited from any future registration into the work visa program. THIS IS THE TEETH and is critical to the success of the program – along with effective border control.
STEP 4 - The US Gov must enable – by either statute or removal of federal constraint – state and local law enforcement the authority to hold immigration violators in custody following identification as illegal immigrants when placed in custody in unrelated civil or criminal matters. When they find them after the registration period they will be fined and deported. The cost to local and state law enforcement will be recovered by the number of legal tax paying registered aliens.
(Deportation will look real bad on TV but will be acceptable if the PLEA BARGAIN opportunity outlined above has been given and not taken advantage of. Those that do not respect our law must not be allowed to stay)
STEP 5 - End BIRTHRIGHT CITIZENSHIP. No other civilized Western society permits it. It Must End. At a minimum – Only the children born to at least one Citizen Parent should be granted citizenship at birth. – Children born to those registered aliens in this process shall be considered legal under the adult parents work permit and allowed to stay with the parent as long as the parent maintains legal alien status under this plan. Parent and child must then apply for permanent alien status and subsequent Citizenship using existing application process – no special path. Aliens with a work permit may not bring children born outside the US into the country, unless they apply for and receive permit under the existing process.
_______________________________________________________________________
Dealing with EMPLOYERS - Those who employ illegals and do not pay FICA and Medicare employer part are JUST as guilty of TAX FRAUD. They should not be excused. Many have become wealthy at the expense of others who pay the proper taxes on their employees. ( On a personal note – I can think of no group that suffers more from the abuses of these employers than do physicians who provide emergency middle of the night medical / surgical care to illegals in need who then literally disappear – NO PAYMENT - ZERO- NADA - and this happens all the time! They pay for groceries, gas, etc – but they DO NOT PAY THE DOCTOR. There is an indigent care trust fund that helps out the hospital – but there is nothing for the private practice doctor – except LIABILITY. )
Employers that are building, mowing lawns, or picking fruit, or processing chicken using illegal labor and adding to their profit margin – are criminals. (especially if they don’t pay payroll taxes,--- while society - and some people in particular – pick up the tab or do the hard work of trying to care of them when they or the trailer full of snotty nosed kids get sick– (and trying to do it in Spanish at the same time!) These employers reap the benefit in the profit margin but let society carry the burden for the medical care and education of these illegal workers.
What do you do? Penalize those employers that can be identified. Let them take a PLEA BARGAIN too. Pay a fine – based on employment records and taxes paid. This will be hard to identify but let the IRS handle it. If my group insurance carrier can get the info they do to ensure group compliance I am sure the IRS can figure it out. At $2,000 per employee (up to some maximum) that could be some nice revenue to offset costs of the program.
Offer employers a 90 day period to come clean on the employment records of the past seven years. Take a plea Bargain, Pay a fine. Get caught by the IRS after that and the penalty is severe. Consider tax fraud charges with fines and imprisonment.
Other Thoughts:
Encourage Establishing private Cross Border Employment Agencies for legal workers.
If I need 100 pickers in the spring I can contract with Monterrey Jacks Worker Supply Company that will arrange for 100 legally employable workers to appear at my field for the proscribed period of time. Yes it will cost more for onions. That’s life.
This works for other employers, such as hospitals in need of nurses. Bring in workers legally though agencies with offices in both countries. Creates new enterprises.
(That’s how my wife came here. An Agency that provides nurses for US hospitals needing help brought Rosie here from the UK. After a year they sponsored her PERMANENT RESIDENT ALIEN application and it took another seven years for her to get it.. But she was here legally. Each time she wanted to visit home she had to pay $90 to get a Parole to be allowed to leave the US and return. We had to go every year and stand outside Immigration at MLK BOULEVARD in Atlanta at 5:00 AM and “take a number” when they open at seven. Usually seen by about 3:00 PM. Each year – just to get a renewal stamp – this annual process took 15 seconds in front of the right person, but you wait for hours with everyone, including those non-English speaking aliens just arrived with no papers.)
----- side note
I was in Monterrey Mexico last week for the Champ Car Grand Prix of Monterrey and talked with many Mexicans about the situation. The thing that ASTOUNDED most of them was when I explained that we are also concerned because in the US you do not have to show proof of identity and citizenship in order to vote! When they realized that fact - they understood why we want to get control of the situation – they recognized that we have a very big problem apart from immigration – that has nothing to do with them. They also seem threatened by Military on the Border –that is why I emphasize National Guard as distinct from 3rd ID “Real” Army. In no way to diminish the Guard of course! But more focus on crisis relief.
This will be a difficult process but it must be done and I think this is the Compromise!
Republicans should propose this as the Republican Plea Bargain before the Democrats grant blanket amnesty.
Again:
1) ENFORCE THE BORDER 2) PLEA BARGAIN for Workers & Employers
3) WHEN REGISTRATION/APPLICATION period is over. DEPORT those not in compliance. Enable State/local authority to help make that happen.
4) STOP BIRTHRIGHT CITZENSHIP
I hope this is in some way helpful. Bravo Arizona! I plan to boycott any place that boycotts Arizona!
Posted May 19, 2010 at 11:16:36 PM
karl anglin
Enlighten the people , generally,
and tyranny and oppressors of body
and mind will vanish like spirits
at the dawn of day----Thomas Jefferson (1743-1826)
Posted May 20, 2010 at 2:53:55 PM