Home of Today's Common Sense

Published Brownsville Herald March 25, 2007
 

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On page A12 of the March 21, Brownsville Herald, a promise of an Immigration fix is reported in an article entitled “Immigration Bill to include path to legalization”. The brief descriptions available in the press and on the internet leave a lot to be desired.
The House version sponsored by Congressmen Luis Gutierrez (D-Ill.) and Congressman Jeff Flake (R-Ariz) calls for citizenship for illegal immigrants, create a new worker program, stiffen worker verification procedures and overhaul the visa system to reduce waiting times for legal immigrants. The bill also calls for require some illegal immigrants leave the U.S. and re-enter legally and others to be granted amnesty.
The Senate version being pushed by Senator Mc Cain (R-Ariz) and Senator Kennedy (D-Mass) is very similar.
One of the first things that concern me is that it seems that one of the most knowledgeable Representatives in Congress, Sylvester Reyes (D-Tex), has not been invited to participate in the creation of this crucial legislation, though it has been said that he approves of many of the items.
The other thing is that this legislation seems to add numerous layers of bureaucracy and perhaps hundreds of jobs to clog the system even more and little effort made to rehabilitate an immigration system that can lose records for months and years where in at least one case the lost papers have left a potential new citizen in limbo for months after completing all the requirements for citizenship. There appears to be little or no oversight and no way to seek recourse.
There are many provisions in the new legislation that would certainly improve the situation but in order to be effective they have to provide for a way to prohibit political interference in the process and provide for an ombudsman.
On the other side there are forgotten promises, suggestions of a bigger bureaucracy and more opportunities to exercise the politicians “let me fix it for As an illustration of the above consider that there are thousands of folks who have legitimately applied for legal immigration had have waited for years for the opportunity.
As of the April State Department Visa Bulletin applications are only now being processed for certain preferences of Mexican family based petitions filed before February 8, 1988 and the most current processing dates for other petitions for Mexican family members are for those filed prior to December 1, 2000 are currently being processed. There are many thousands, trying to do it legally that are still waiting and may continue to wait while those that jumped the line and violated the law in the process are being treated much better.
In order to place those, that are trying to do it properly, at the head of the line, all legal applicants would have to be processed prior to dealing with those that are in the U.S. without legal authority. Then to assure a measure of fairness to immigrants from other countries the visa numbers, that would normally be allotted to those countries benefiting from the new immigration law, to supplement those applicants from other countries until the balance has been accomplished.
Other issues to be resolved are the levels of violations of the law by the illegal immigrants. Many that merely overstayed their visa and began working under the radar are guilty of little more than civil violations, which might normally be resolved with a voluntary departure from the U.S. and possibly a small fine. Those that entered without presenting themselves for inspection violated a few more laws in that they also failed to declare to Customs all the things that they carried into the U.S. as well as the immigration violations, still not a serious problem so long as the true facts are advanced to the authorities before they are discovered independently, unless it can be found that prohibited items were smuggled.
Where the circumstances get more difficult is where the illegal immigrants have acquired and used social security account information or other identification belonging to someone else there arises the possibility of real criminal violations that may not so easily be resolved.
A new wrinkle may have been introduced into the immigration saga during the Bush – Calderon meetings in the Yucatan recently. In one of President Calderon’s speeches he began referring to the immigrants / undocumented aliens as migrants. In examining the newly elected President of Mexico, his excellent and penchant for detail suggest that if he used a particular word he carefully selected it. My dictionary defines a migrant as one who moves from one region to another or from one area to another to search for work. An immigrant is one who is one who leaves one country to settle permanently in another.
In considering the events such as both presidents used the word, could it be that there is change in the direction of the “legalization” mentioned in the discussions on the migration or immigration issue so that only the change to temporary worker status may be the result.
I suggest that the immigration reform process is not as near complete as thought and that there are many hurdles to overcome.
I would like to see a complete rethinking of the migration and immigration process.
I would suggest that anyone who can secure employment at a price (consistent with prevailing entry level pay rates) the worker will accept and the employer will pay (the employer can always move the operation overseas) can secure a temporary work visa subject to security concerns. Crucial to this, is that government should in no way become a match maker between workers and jobs. The existing grapevine works terrific and could be supplemented by commercial employment agencies.  The government can then be the detached oversight in the process, not a participating party.
It seems to me that the taxpayer should never have his/her hard earned money confiscated to benefit other private interests. It already happens much too often.
The existing employee organizations could be expected to aggressively organize these new workers or otherwise apply sufficient pressure to remedy any wage or work condition disparities. The visa would be renewed indefinitely so long as the worker is employed or covered by unemployment insurance. The employer would be required to supply health benefits and be responsible for other costs so as not to be a burden to the government.
Critical is the need that the processing of applications be accomplished within a reasonable time, something that is not even a dream today. Approved visas routinely take years. Recently retired INS officials can be designated practitioners to assist in the process with the costs being born by the interested parties.
After the worker has been employed and has remained a responsible member of the community for five years, application could be made for permanent residence which would include any immediate family members. This would also provide eligibility for any public benefits that are available. After a further five years the permanent resident would be expected to seek naturalization or return to the status as a temporary worker. I would suggest that this temporary worker / permanent resident  / citizen concept, become the only path to residency and citizenship and provide the underlying template for all preferences of immigration into the U.S..
The employers, being the primary beneficiary should be responsible for any liabilities and other costs associated with the temporary worker not the public pocketbook.
I see the hallmark of the new immigration as being similar to the Irish immigration just prior to the Civil War. England had commandeered the food from Ireland to the extent that people were starving and when the last edible – the potato developed a disease more than one million Irish came to the United States and did the jobs that no one else would do. I suspect that the one million immigrants was comparable in impact in a nation of the population of 1864 U.S. to the ten million or so to today’s population. I welcome the excitement that the new immigration is bringing and will continue to evolve as the fresh ideas find their way into the different corners of society.