An Alien Solution

This article is from the archive of The New York Sun before the launch of its new website in 2022. The Sun has neither altered nor updated such articles but will seek to correct any errors, mis-categorizations or other problems introduced during transfer.

The New York Sun

Tougher border security and immigration law enforcement have been held hostage in Congress to an alternative demand for a “comprehensive” solution. The stalemate has left one of our most serious issues frozen.

Democrats and President Bush are concerned that enforcement of existing laws through incarceration and deportation of existing illegal aliens appears too insensitive, would result in unjustified dislocation and suffering, and is unfeasible for a presumed population of 11 million illegal immigrants. Similarly, impregnable borders are deemed unrealistic — we must always anticipate significant illegal entrants. Regardless of laws, many believe that through either the suffering incurred or the labor efforts contributed, illegal immigrants have already earned a treatment better than that under current immigration laws.

Consequently, most of the Democrats call for a “comprehensive” solution that would among other things give illegal immigrants a pathway to citizenship. Because Republicans have often charged that allowing illegal aliens to remain without penalty constitutes amnesty unfair to those who have legally followed the citizenship process, Democrats pledge that illegal immigrants will be prevented from jumping ahead in the citizenship line. Democrats view illegal immigrants as victims of America’s laxity and are thus owed our sensitivity and some sort of noncriminal treatment.

Many Republicans want any legislative effort to go first toward better border security and enforcement. Once effective control over the “valve” of entry into America is established, we can then decide to open or close that valve as future circumstances dictate. These Republicans believe that American permissiveness in regard to immigration has been an invitation to illegal immigrants. Therefore we must establish true control over the borders before we address any leniency for existing illegal aliens. They believe that amnesty granted to illegal aliens in the 1980s during the Reagan administration generated disastrous results.

Many Republicans lack the guilt that underlies the Democrats’ position and view illegal aliens as criminals and not “victims.” Rather, they believe that respect for our laws is a condition precedent to receiving true empathy. Further, jailing or deporting 11 million illegal aliens is not as impractical as it sounds. Instead, there are those who propose, “let’s start with half a million and see what happens.” Finally these Republicans realize that America lacks credible information about the illegal population necessary to understand exactly what we are facing and from which to construct sensible solutions.

Here is a compromise: Congress should designate an initial period, perhaps six months, in which all existing illegal aliens are given full notice and the opportunity to register with an appropriate federal agency, such as Immigration and Customs Enforcement. Registration would confer a special status, “Qualified Illegal Alien.” Non-qualified illegal aliens, those who fail to register truthfully and all future entrants, would be permanently excluded from such status.

Registration would require submission of extensive information that would be necessary to adequately assess the true characteristics of this group such as: residence; health condition; age; when, where and how entered the country; family members in America, abroad, and those desirous of entry; education level; job skills; employment history in America; employer’s information; wages earned; remittances made back to home country, etc. Employers who hire illegal immigrants should be required to register with the same authority as well.

What incentives would make these illegal immigrants register? Immunity from penalties related to their illegal entry and a guaranteed pathway to citizenship in whatever form Congress ultimately legislates.

Fundamental to the plan are two pacts: Democrats agree to establish tighter border security and rigidly enforce existing laws against non-qualified aliens and their employers. Republicans agree to a process that starts with a full study of the registration information and concludes with legislation that will carve out some pathway to citizenship for qualified aliens. Even if agreement is stalled, the registration period would cut off all additional new illegal aliens from future preferential treatment. That alone might significantly reduce the inflow of illegal immigrants.

While details are crucial, this approach attempts to create a variety of tradeoffs. The Republican charge that Democrats are offering amnesty to illegal aliens is neutralized, as any preferred treatment of qualified illegal aliens would be granted in exchange for something: the illegal aliens would be both taking the risk of coming forward and assisting the American government in collecting accurate data. Similarly, the Democratic insistence on sensitive treatment toward illegal aliens would be limited to those who demonstrate respect for America’s laws as opposed to those unwilling to cooperate again.

Furthermore, the assessment of the actual number of qualified illegal aliens is critical. A “comprehensive” solution designed for 11 million illegal immigrants must differ from one created if the real number was 30 million or even 2 million. The ultimate legislation should be made to fit the actual facts, not fantasy. Any sensible approach to determining what benefits should be afforded qualified illegal aliens, what regulations should restrict employers, and what the costs to the country would be requires quality information that can only be obtained through registration.

Both sides get much of what they want. This two-part process builds confidence and loosens the stalemate. Finally, Congress would be sending the important message that it is moving in the right direction even when final terms of this proposed legislation have not been determined.

Perhaps, however, such a reasonable solution is too alien to this Congress.

Mr. Siegel lives in New York City.


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