Another Crack at Illegal Immigration

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Mike Cronin

This is a revision of my post dated November 23, 2014.

President Trump has partially fulfilled one of his most controversial campaign promises.  Earlier this week, he signed an executive order to build a wall along the Mexican border, and his administration floated the idea of a 20% tax on Mexican imports to pay for the construction.  The mainstream media is predictably up in arms.

While I am encouraged by Mr. Trump’s attention to the illegal immigration issue, I find myself in disagreement that a wall is the right solution – but not for the same reasons as the crowds of critics assailing the president.  I’ll explain in a bit, but let’s untangle the knot a little first:

If you are an elected Democrat, the illegal immigration “problem” is: how to make it legal for illegal immigrants to vote? There are millions potential voters out there who cannot legally participate in national elections. How to solve that problem? Adopt narratives that simultaneously paint the illegal immigrants as victims who need rescuing and those who see things differently as racists. Then legalize the immigrants (or some portion of them) somehow, and/or prevent the passing of laws that require voters to produce a photo ID proving their eligibility.

If you are in one camp of elected Republicans, the illegal immigration problem is that there are millions of potential Democratic voters out there who might vote illegally or who might become legal voters at the stroke of a pen. How to solve that problem? Adopt narratives that illegal immigrants are by definition criminals just for being here, and who steal jobs from American citizens, who vote illegally, and who cost us a lot of money in “stolen” benefits and entitlements.

If you are in another camp of Republican lawmakers, the problem of illegal immigration is that you are fearful of alienating constituents of Latino or Hispanic origin, so you go along with Democrats on immigration issues.

If you are in yet a third camp of elected Republicans, the illegal immigration problem is that you receive significant campaign funds from donors who employ illegal immigrants, so you also tend to vote along Democratic lines on immigration.

If you run a manual-labor intensive business that can’t afford to pay the minimum wage, paying an illegal immigrant in cash under the table is an attractive option.

If you are a desperate person from Mexico or an impoverished country to our south, getting to America for the opportunities and freebies is an attractive option.

If you are a cunning and morally flexible person, exploiting the stream of immigrants headed north is an attractive option.

I believe the real problem with illegal immigration is: too much government.  Here’s what I mean:

  1. Our federal and state governments blatantly disregard current immigration law via policies like “Catch and Release,” “sanctuary cities,” and the “Deferred Action for Childhood Arrivals” directive (i.e. President Obama’s executive order that established the so-called “Dreamers”). Our federal government maintains at least two federal police agencies (Immigration and Customs Enforcement and Customs and Border Patrol) charged with enforcing those same laws. In so doing, our lawmakers are essentially telling our protectors: “Your written job description says ‘enforce the law,’ but your real job is just to have a job so that I can tell voters I did my job by creating your job.” How dysfunctional is that?
  2. In addition, our current immigration law is too byzantine and restrictive. Currently, it’s fairly easy to visit the US, but unless one can claim to be one of the “Three R’s” (Related to a citizen, Rich, or Remarkable), it is extremely difficult to attain a green card or citizenship.

I think Mr. Trump’s actions show promise for resolving the dysfunctional aspect of immigration enforcement, but a wall is too dystopian, sinister, and unnecessary. Functional enforcement policies and increased presence all along the border will reduce the flood of illegal immigrants to a trickle. On the other hand, the bureaucratic burden to those aspiring to remain here longer than a visa allows still remains to be addressed.

So how do we solve such a multi-faceted problem?  With a multi-pronged strategy that is consistent with limited government:

  1. Enforce existing law
  2. Control the border via increased presence
  3. Update the law to minimize bureaucracy and maximize freedom – by addressing all of the competing interests and reducing or eliminating the motivations that lure our government into violating its own laws:
    • Make it much easier to become a legal “permanent resident” and moderately easier to become a citizen. This benefits immigrants wishing to live and work here permanently, and it would benefit lawmakers in both parties who represent immigrant constituencies.
    • Create a migrant worker visa AND migrant worker wage scale & tax status. This legitimizes hiring migrant workers and paying them less-than-minimum wages. This would benefit migrant workers by making it legal (and safer) to do what they are already doing, and it would benefit industries that can’t be profitable paying the regular minimum wage to unskilled workers. It will be perceived and promoted as a threat to citizen minimum-wage earners…but that is another Gordian knot – which I addressed here.

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