In his State of the Union address, President Bush called for "an
immigration system worthy of America-with laws that are fair and
borders that are secure." He restated his dedication to reducing
illegal immigration and creating legal opportunities that will keep
the U.S. economy growing. And he spoke of the need to promote
assimilation, making the legal path to citizenship a true lifelong
commitment to American principles and the rule of law.
The President was right when he said that only a comprehensive
solution to the challenges of border security and immigration
reform will do; unless all the issues are addressed-illegal border
crossings, unlawful presence in the U.S., security and criminal
threats, the fiscal burdens on state and local governments, and the
undermining of civil society-the consequences of today's
immigration policy will continue to escalate. But while the
Administration's proposal for comprehensive reform contains several
positive elements-upon which the President must insist for his
approval-it still contains a fundamental flaw.
The Bush Plan
- Border Security. The Administration knows it must ramp
up security quickly and effectively. Ending practices such as
"catch and release," which allowed apprehend illegal immigrants to
abscond before they were removed from the country, and enforcing
expedited removal, which sends illegal immigrants home quickly,
will be important in deterring further illegal border crossings.
Adding the right mix of personnel, infrastructure, and technology
will produce the most cost-effective means for securing the border.
Border security must be assured as a matter of law, not just
through short-term policy initiatives-and it must be a
priority.
- Interior Enforcement. Enforcing the immigration laws of
the U.S. is also a vital deterrent against further illegal
migration. This must include, as the Administration proposes,
serious workplace enforcement that targets employers who
intentionally hire undocumented workers. The Administration has
rightly proposed using Social Security "no-match" data as a key
tool to target enforcement and promoting effective initiatives,
such as the 287(g) program, to gain the effective cooperation of
state and local law enforcement. There must be "no excuse left for
violating the law."
- Temporary Workers. In reasserting his call for a
temporary guest-worker program, the President is correct to insist
that any such program must serve the U.S. economy as well as our
law enforcement and national security objectives. He is also
correct, and must insist, that any such program be truly temporary:
Participation must be for a limited period of time; workers must
return home after that period ends; and those that attempt to stay
must be permanently ineligible for other visa programs, permanent
residency, or citizenship.
- Assimilation. As in the past, patriotic assimilation is
the key to the long-term success of any immigration policy. New
citizens must be committed to America's civic principles,
appreciate American history and culture, and share America's common
language-and we should encourage immigrants to become citizens. The
President is correct to elevate this element and must insist on its
inclusion in any reform package. Amendments favoring assimilation
that overwhelmingly passed the U.S. Senate provide a solid baseline
proposal.
The Amnesty Flaw
The President is right to propose that the status of illegal
immigrants currently in the United States should be resolved
"without animosity and without amnesty." But any measure that would
allow millions of illegal immigrants who have broken U.S.
immigration laws to remain in the United States is, by definition,
an amnesty. Indeed, previous Administration proposals (and
legislation approved last year by the U.S. Senate) are very similar
to the failed amnesty policy of 1986. As was the case then, amnesty
now would only encourage further law-breaking. Amnesty is troubling
not only because it undercuts the rule of law and is unfair to
those immigrants who respect our laws, but also because it would
undermine efforts to control the nation's borders, decrease the
illegal population, and discourage the employment of undocumented
workers. As such, amnesty violates core principles of immigration
policy.
The Way Forward
Congress should debate, consider, and pass comprehensive
immigration reform. But any such reform must be comprehensive in
theory and in practice. Lawmakers must be confident that it
includes principled and practical measures that enhance security,
serve the economy, and respect the rule of law. Anything less will
not work and would not be "an immigration system worthy of
America."
Matthew Spalding,
Ph.D., is Director of the B. Kenneth Simon Center for
American Studies, and James Jay Carafano,
Ph.D., is Assistant Director of the Kathryn and Shelby
Cullom Davis Institute for International Studies and Senior
Research Fellow for National Security and Homeland Security in the
Douglas and Sarah Allison Center for Foreign Policy Studies, at The
Heritage Foundation.