By Kevin D. Williamson
Sunday, September 04, 2016
U.S. immigration law is a mess, and U.S. immigration-law
enforcement is a worse mess.
It is a fixable mess, if we wanted to fix it — but we
don’t.
It is not a mess that probably is fixable by Donald
Trump. Trump is a fantasist nominated and supported by fantasists, and chances
are excellent that those fantasies will come to an abrupt end on November 8.
However the election turns out, we will be left with a
mess.
Much of that mess is a result of destructive political
incentives and extraordinarily shallow political thinking. For example, we
often are told that we “cannot” deport 11 million or so illegals in a matter of
a few years, or at least that we cannot do that without relying on invasive,
inhumane methods and policies. That’s probably true, but no serious person — I
am afraid this excludes all of the major presidential candidates — has that as
Plan A. Can we deport — or force the self-deportation of, to use the wrongly
maligned term — most of the very large share of the illegal immigrants who are
here mainly for economic purposes? Absolutely.
Should we?
Yes.
As I have argued for some time, we could do a great deal
to reduce and reverse illegal immigration by taking five fairly straightforward
steps that do not even require building a wall (though there are sections of
the border that certainly should be walled). Those steps are: 1) Passing a law
that forbids anyone who is or who has been an illegal immigrant from ever
becoming a U.S. citizen, even if his current status is legal; 2) Passing a
similar law that forbids anyone who is or has been an illegal immigrant from
applying for a work permit, even if his current status is legal; 3) Carrying out
robust workplace enforcement through mandatory E-Verify and the deployment of
asset forfeiture against businesses convicted of employing illegal-alien labor;
4) Putting a citizen or non-citizen stamp on drivers’ licenses and requiring
non-citizens to document their legal status when engaging in ordinary financial
transactions such as cashing a check or booking domestic travel; 5) Passing a
law that forbids anyone who is or has been an illegal immigrant from ever
legally entering the United States.
This puts additional burdens on non-citizens residing in
the United States, which is unfortunate for them but which is nonetheless the
most desirable place to put such burdens, while adding trivially to the
regulatory burden of already heavily regulated institutions such as financial
firms and airlines. It also adds trivially to the regulatory burdens endured by
employers vis-à-vis new hires. That isn’t ideal, but neither is a lawless
system of immigration or a Brownsville–to–Chula Vista wall that probably cannot
or should not actually be built and that would be at best only half effective
in any case.
The much smaller share of illegal immigrants who are here
for non-economic purposes (or those whose economic purpose is criminal) will
have to be treated more or less the way they are now, though they would have a
smaller and much more restricted illegal-immigrant population to hide among.
This is not a two-year project or a five-year project; it
probably is more like a 20-year project, though one would expect to see radical
improvements in a much shorter period of time, particularly if some future
Justice Department could be inspired to get off its collective bureaucratic ass
and put a few meatpacking executives and construction-firm operators in prison
for violating U.S. immigration and labor laws.
Why do we want to do this?
The main reason, and the most obvious one, is that while
we are indeed a nation of immigrants — like every other nation on the face of
the earth — this polity, like any other polity, has the right to decide who
joins it and on what terms. Those laws could be liberal or they could be very
restrictive, but the worst situation is the one we have, meaning very strict
laws in theory but anarchy in practice.
But it will be politically and practically impossible to
go about amending our immigration laws in an intelligent way while we have
lawless conditions, which invite both self-interested partisan grandstanding on
both sides of the aisle and irresponsible demagoguery — if the European example
tells us anything, it is that Donald Trump will not be the last of his kind.
Reorganizing U.S. immigration law in a way that emphasizes the economic
interests and cultural continuity of the United States rather than maintaining
a chain-immigration system that privileges the (sometimes theoretical)
reunification of extended immigrant families over genuinely national concerns
is a project that can only be coolly and rationally undertaken once the
volatile problem of illegal immigration is under control.
“Under control” here should not be taken, as it so often
is, as the precondition for amnesty and the “path to citizenship.” Even if,
after doing all of the above, we were to decide at some date 20 years hence
that the presumably smaller number of remaining illegal immigrants should be
granted legal residency — and there is no obvious
reason to do that — there is no pressing need to extend citizenship to illegal
immigrants, now or ever. People reside, sometimes permanently, in foreign
countries for economic and other reasons all the time, and the decision to do
so is fundamentally different from the decision to become a citizen of that country. The United
States is a nation that is based on neither ethnicity nor any other Old World
blood-and-soil criterion, but on citizenship.
Consequently, we should take citizenship seriously, which means that it should
be treated as an end in and of itself rather than as a means to some other end,
such as a good job or domestic convenience.
None of this should be especially controversial.
Lawfulness is preferable to lawlessness, and though we certainly have and
should have a humane concern for the world’s unhappy people, the responsibility
of the government of these United States is to the citizens of these United
States, not to the citizens of other countries, as much as we might like to
help them.
And our humane considerations should be tempered by the
knowledge that the economic consequences of continuing high levels of
low-skilled immigration are borne most heavily not by native-born workers (who
in fact benefit, on net, from lower prices) but by prior low-skilled
immigrants, who tend to be concentrated in the same industries as the new ones
and who suffer from the same economic limitations, such as limited English
proficiency or lack of formal education. Assimilation is not only a cultural
concern but an economic one, too, and it is much more difficult to bring low-skilled
immigrants into the economic mainstream with high levels of similar
immigration.
Intelligent immigration reform will be complex and
difficult. I would not bet on Donald Trump’s being the man for that job. But it
is a job that someone is going to have to do.
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