Wednesday, May 14, 2008

Walls Won't Work

Part Four of a Series on Immigration Reform


When walls are built without immigration reform and without meaningful border security, the illegal traffickers – of both humans and of drugs – will always find a way around them. This fact is outlined in one of the plots in my novel, Under the Fifth Sun, as traffickers resort to some very clever tactics to keep the supply for their illegal trade very much alive in spite of major advances in border security.

The price of smuggling – and therefore the profitability of smuggling – will increase as physical barriers are erected, with the extra money coming from the undocumented immigrant and the American drug user. Corruption of security personnel on both sides of the border will continue to facilitate the illegal activities, without which, the effectiveness of the anti-smuggling effort is severely hampered.

The laws of the land must be strictly upheld and rigorously enforced; it’s plain, but not always simple. New laws, however, must be created to serve the public interests affected by the forces of supply and demand for affordable labor and the scarcity of workers to fill positions in certain industries. As an exercise for stimulating creative discussion, I’ve outlined what I believe to be the essential elements of immigration reform:

1. Walls won’t work – save your money.
· Invest in detection technologies that best benefit law enforcement agencies.
· End the catch and release program, with cooperation from home country.

2. U.S. industries need immigrant labor – acknowledge that these workers fill an important role in our economy.
· Create a “bill of rights” for immigrants that protects basic human rights and discourages discriminatory attitudes and practices.
· Facilitate the supply of immigrant workers and create safe conditions at the border.

3. A structured, legal method for filling jobs must be created. Make the approval process simple so as not to discourage employers and prospective workers.

4. A structured, legal process for screening and approving immigrant workers must be created and enforced, with significant assistance from the country of origin.

5. The home country sets up pre-screening center to match the volume of potential candidates to geographic region in U.S.

6. Allow private employment agencies apply for permission to participate in the immigrant worker program and fill businesses’ needs for immigrant positions.
· Employment agencies are responsible for verifying approved status of applicant and withholding appropriate taxes.
· Businesses file required paperwork for filling open jobs.
· Employers pay minimum wage plus fixed markup of X% to cover the employment agencies’ costs and profit.
· Wages may be increased by the CPI (Consumer Price Index) + X% for the two-year maximum employment period.
· Immigrant may reapply for work by returning to home country and filing appropriate paperwork.

7. A database is established to screen immigrant applicants for employment.
· Cooperation from home country is required for criminal history/background information.
· Fingerprinting/DNA/biometric sample collection is performed at processing centers set up at border locations.
· A “smart card” is created for each approved immigrant worker for identification, documentation, payroll and tax purposes.

8. Limits are agreed to and set – temporary, long term, seasonal. Social security retirement benefits are accrued over a period of X years or hours worked.

9. Successful consecutive terms of employment without criminal record may lead to permanent resident status.

10. Criminal conviction will lead to immediate expulsion from program and loss of retirement benefits.

11. Stiff penalties sufficient to discourage illegal hires will be levied against employers and the directors or officers of corporations, with jail terms for repeat offenses.
· Social Security numbers and other identification will be shared between the Internal Revenue Service and the Department of Homeland Security.
· All law enforcement agencies will be required to take appropriate action when an undocumented immigrant’s status is discovered.

12. Dependents of approved immigrant workers shall have the same rights as the worker. Children born in the United States will not be eligible to apply for naturalization of parents until they reach the age of majority.

I know there are many objections to the points I listed, and many more may have been left out entirely. Surely the people much smarter than I can figure out a workable plan, but the bottom line is that we must have a comprehensive plan that keeps our businesses and employees in compliance with the law.

Here's a question: when the "illegals" gain legal status, what will the objections now become? Am I wrong about this, or do we have a double standard in play? Many Americans complain about the immigration problem while the lawn is being mowed by the undocumented alien he hires and pays in cash. Just how much racism lies beneath the surface of the immigration debate?

Next: Two Sides of One Sign - Keep Out, Help Wanted

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