At the beginning
of the current national debate concerning immigration, The Heritage
Foundation described the principles that should inform
immigration policy, suggested some considerations for
policymakers, and proposed several first steps in developing such a
policy. These principles have guided and will continue to guide
Heritage Foundation analysis of this question, and they should
guide lawmakers and policymakers in evaluating particular
proposals that come before them.
Congress and the
President now have another opportunity to craft immigration reform
legislation. Given the stakes involved, they should proceed
carefully, fully cognizant of the immediate and long-term
implications of their actions.
Lawmakers should
support comprehensive reform if and when they are confident that
the proposed immigration reforms fully and honestly
comprehend these core principles. At the same time, they
should oppose and, if necessary, the President should veto any
reforms or reform packages that do not comport with these
principles, are not in the best interests of the United States, and
are inconsistent with the great traditions and compassionate
practices of America's ongoing experiment in ordered liberty.
The First Priority:
National Security
Principle:
America's immigration system must be a national strength and not a
strategic vulnerability.
The United States
must have a complete security system-from the point of origin,
in transit, at the border, and within the United States-that
strengthens all of the activities, assets, and programs necessary
to secure America's borders. Congress must provide for
comprehensive security, allow for operational flexibility in
securing the border, target federal support at the border,
authenticate identification materials, implement US-VISIT,
require security checks for entry, and insist on a national
security trigger for any temporary worker program.
Uphold the Rule of
Law
Principle: The rule
of law requires the fair, firm, and consistent enforcement of the
law, and immigration is no exception.
Congress and the
President must take credible steps to reduce illegal immigration in
both annual and absolute terms, and that requires enforcement.
Congress must increase workplace enforcement, strengthen employment
verification, maintain state and local enforcement authority,
target criminal enforcement, and facilitate state and local law
enforcement.
Amnesty Is Not the
Answer
Principle: Those
who enter, remain in, and work in the country illegally are in
ongoing and extensive violation of our immigration laws.
Forgiving or
condoning such violations by granting amnesty increases the
likelihood of further illegal conduct, is deeply unfair, and
undermines the rule of law. The just and reasonable requirement for
correcting illegal immigration, in addition to other appropriate
penalties, is repatriation, after which individuals may apply for
legal entry to the United States without partiality or
prejudice.
Strengthen
Citizenship
Principle: Each
nation has the responsibility- and obligation-to determine its own
conditions for immigration, naturalization, and citizenship.
This requires
clarifying the distinction between citizens and non-citizens and
creating a deliberate and self-confident policy that assimilates
immigrants and new American citizens. Congress must encourage
immigrant education, provide for the common language, clarify
birthright citizenship, revive expatriation, improve immigration
services, and protect the integrity of the legal immigration
process.
Benefit the
American Economy
Principle:
Immigration policy should be a fiscal and economic benefit not only
for immigrants, but also for the nation as a whole.
Overall,
immigration policy should support a growing economy and bring
economic benefit to all Americans. Policymakers must ensure that
the interaction of social services and immigration policy does not
expand the welfare state and impose significant costs on
American society. Congress must consider fiscal costs and
benefits, emphasize high-skill immigration, reduce the state fiscal
burden, and encourage economic freedom.
A Real Temporary
Worker Program
Principle: A
temporary worker program must be temporary, market-oriented, and
feasible.
A balanced and
well-constructed temporary worker program should diminish the
incentives for illegal immigration by providing an additional
option for legal temporary labor and, in combination with
other reforms, reduce over time the current population of
illegal aliens. An ill-defined and poorly constructed temporary
worker program would make the current problems of
immigration policy even worse. In creating a temporary worker
program, Congress must ensure that it remains temporary, create a
dynamic workforce that includes sponsorship, resolve issues of
family status for program participants, require bilateral
agreements, include program triggers, provide economic incentives
for employers and participants, insist on numerical caps,
limit the status adjustment for temporary workers, and resist
large, unwieldy programs.
Edwin Meese III is
Ronald Reagan Distinguished Fellow in Public Policy and Chairman of
the Center for Legal and Judicial Studies, and Matthew Spalding,
Ph.D., is Director of the B. Kenneth Simon Center for American
Studies, at The Heritage Foundation.