In June, Washington fought and lost its own Little Big Horn.
Attempting to push through comprehensive legislation to secure
America's broken borders and fix dysfunctional immigration laws,
Congress - like Custer - fought at the wrong place at the wrong
time. The politicians fought outnumbered, garnering withering
criticisms from the right and the left. They deserved to
lose.
Washington lost because the draft bill proposed in the Senate
would have made the challenge of securing the U.S.-Mexican border
more, not less, difficult. The legislation would have encouraged
more illegal migration. It would have saddled federal, state and
local governments with crippling financial burdens and cheapened
the value of U.S. citizenship.
Making compromises at every turn, the legislation lost sight of
the nature of the problem, and what border and immigration reforms
are needed to keep the United States free, safe and
prosperous.
Know Your Enemy. Fixing a
problem starts with understanding the problem. More than
500,000?people illegally cross the southern border a year, and
millions more live unlawfully inside the United States. These
troubles, however, are mere symptoms of the two real issues.
No. 1. The United States shares about 2,000 miles of border with
Mexico. That border is an economic engine that generates hundreds
of billions a year in benefits for both countries. It is, however,
a border out of control?- and that creates a serious security
problem. Transnational criminals are exploiting the chaos, and
cartels are fighting over control of a corridor that ferries a
multibillion-dollar-a-year business of drugs, people and weapons.
There is nothing going on in Baghdad that has not been tried on the
border: kidnapping, bombings, beheadings. The cartel wars and
violence and lawlessness they breed are making U.S. borders a
dangerous place, destroying property and putting lives at risk.
Going after the gangs has to be a top priority. Dealing with
illegal immigration is part of the mix. Serious criminals hide
among the 500,000 individuals who illegally cross the border each
year. A significant drop in illegal crossings would allow law
enforcement to focus resources on criminals victimizing people on
both sides of the border.
No. 2. By even the most conservative estimates, the United States
has an unlawful population of at least 12 million. This population
serves as a magnet for further illegal migration. According to a
Pew Hispanic Center study in 2003, individuals working in the
United States sent almost $30 billion to their families in Latin
America and the Caribbean. As the single largest form of direct
foreign investment in the region, these remittances have become the
economic engine of Latin America. As long as the unprecedented
economic importance of remittances remains, individuals will seek
access to the U.S. labor market by legal or illegal means. That
pressure has overwhelmed America's ability to secure its own
border.
The challenges of an unlawful population that accounts for about 4
to 5 percent of everyone living in America - or about one in every
25 people in the country - also reach well beyond the border. They
are largely the source of undocumented workers referred to as cheap
labor. In truth, the costs of low-wage, undocumented labor is
foisted on state and local communities, from providing various
entitlements to the law-enforcement expenses involved in
incarcerating criminal aliens. As a result, while immigration
overall has a net-positive effect on the U.S. economy, the fiscal
costs of illegal migration often fall disproportionately on small
communities. Up to 3 million people who illegally crossed the
border, for example, are living in Texas. That's about 20?percent
of the unlawfully present population in the United States, and the
public benefits they receive?- like education and emergency-room
care - are a crippling burden.
There are other issues as well, like public health. Recently, the
case of Andrew Speaker, the globetrotting honeymooning lawyer
infected with tuberculosis, gained the attention of thousands of
newspaper articles and hours of TV coverage because of his ability
to slip past border officials. What the media largely missed is
that the United States already has a major communicable disease
problem. And the individuals entering the United States legally
through legitimate points of entry are the least part of it.
Tuberculosis, including strains that are increasingly
drug-resistant, is one of the fastest-spreading diseases in the
world. In part, this is because of the spread of HIV/AIDS, which
reduces the human immune system and leaves individuals more
susceptible to TB. According the World Health Organization, more
than 8 million people a year get TB, and about 98 percent live in
the developing world. Most illegal migration comes from the
developing world to Europe and the United States. Many of these
individuals never pass through a point of entry, which is the most
likely source of a human-carried pandemic.
When the Senate considered a bill that would immediately grant
legal status, including the right to pass back and forth across the
U.S. border, to anyone living unlawfully in the United States -
with no health check required - everyone should have been
concerned.
Missing in Action. As far as
solving America's border and immigration woes, logic was largely
missing from the legislation proposed in the Senate that started
out by granting amnesty to virtually anyone. For starters, this
seriously flawed proposal would have undermined the rule of law by
granting massive benefits to those who have willfully violated U.S.
laws while denying benefits to those who have played by the rules,
and sometimes even to U.S. citizens.
The Senate's immigration reform proposal would not improve border
security and could actually worsen the problem of illegal
immigration. The most dramatic impact of the legislation would be
to allow millions of immigrants who are unlawfully present in the
United States to remain, critically undermining the deterrent
effect of U.S. immigration laws and border security. As recent
experience in both the United States and Europe demonstrates,
legalization measures only spur further unlawful migration.
Like the Senate legislation, the Immigration Reform and Control
Act of 1986 was a bipartisan compromise strongly supported by the
president. When President Reagan signed the bill, he declared, "It
will remove the incentive for illegal immigration." More than 2
million signed up for amnesty in 1986; the unlawful population in
the United States today is probably five times that.
Proponents of the Senate bill and the Congressional Budget Office
largely dismissed the expense of amnesty by issuing a standard 10
year outlook for quantifying the costs and benefits. Many of the
most profound costs associated with the bill occur after the point
when amnesty recipients get full citizenship. Then the check comes
due. Robert Rector, an analyst at the Heritage Foundation, who
looked at the "out year" costs of amnesty, found that it would
greatly increase long-term costs to taxpayers. Granting amnesty to
illegal immigrants would, over time, increase their use of
means-tested welfare, Social Security and Medicare. Fiscal costs
would rise in the intermediate term and increase dramatically when
amnesty recipients reach retirement. Although it is difficult to
provide a reliable estimate, it seems likely that if 10 million
adult illegal immigrants in the United States were granted amnesty,
the net retirement cost to government - benefits minus taxes -
could exceed $2.6 trillion.
No one knows the true number of those here who would sign up for
amnesty. The response to the 1986 amnesty proved far greater than
expected. In addition, since the standards for amnesty
qualification could be easily falsified, there a significant number
of fraudulent applications might be expected. Finally, Medicare and
Medicaid rates could rise far faster than current CBO projections.
That means that a system growing so fast that it is already on
course to bankrupt the federal budget could happen just that much
faster.
Stop the Insanity. The United
States has been ramping up security on the border for decades.
Spending has tripled and has had almost no impact on stemming the
flow of illegal crossings. Also, only about half of those living
unlawfully in the United States crossed an open border. The other
half entered legally and overstayed their visas. Only securing the
border would be like locking the door but leaving the window
open.
There is, however, a sensible strategy that would work, based on
four basic points.
1. Enforce the laws. Numerous laws already exist that, if enforced
in a targeted manner, would discourage illegal immigration and the
employment of illegal labor and send a signal that such activities
will no longer be overlooked. Recent actions by the administration
prove that reasonable enforcement measures - well short of massive
deportations - can significantly reduce the number of illegal
border crossings.
2. Regain control of the southern border. Many of the
border-security provisions of the Senate proposal are being
implemented as requirements of previous legislation, including the
Secure Fences Act of 2006 and the Intelligence Reform and Terrorism
Prevention Act of 2004. This should continue. Responsible border
security and workplace enforcement makes America safer.
3. Emphasize legal immigration. The process by which individuals
enter the country legally must be fair, orderly and efficient -
welcoming those who abide by immigration laws and denying entry and
advantages to those who violate the law. The integrity of this
process is important to protecting and encouraging a meaningful
naturalization and citizenship process.
4. Create flexible legal opportunities to work in the United
States. A balanced and well-constructed temporary worker program
that allows for a market-driven source of labor provided by a
rotating temporary workforce would diminish incentives for illegal
immigration by providing an additional option for legal entry. This
would foster national security and serve a growing economy.
Together, these elements - along with a rejection of amnesty -
offer a real possibility for strengthening national security and
replacing an undocumented labor force with temporary workers and
new legal immigrants. Additional options may become reasonable once
these policies are allowed to operate over time.
This strategy is realistic and feasible in the short term. Most of
the tools required to beef up border security and pursue workplace
enforcement already have been passed and mostly authorized by
Congress. The only missing programmatic component is a practical
and realistic alternative for legal temporary workers.
Without serious policy change, the illegal population in the
United States will continue to grow, the burden on local
communities will increase, the stresses on civil society will
become greater, and border security will become more expensive
while remaining just as ineffective. On the other hand, with a
handful of initiatives, Congress and an administration working to
implement existing and new national security and immigration laws
could achieve a comprehensive solution in a reasonable amount of
time. A far brighter future would unfold.
As with any major policy goal, reducing illegal entry and presence
in the United States will take time and perseverance. Likewise, it
is misleading and naïve to suggest that every policy aspect
can and should be settled up front in one all-encompassing
agreement. The challenge is to answer the big questions first so
that the others fall into place or are susceptible to later
resolution. This approach to immigration is analogous to the policy
success of welfare reform in the 1990s. The use of incentives and
disincentives to encourage work reduced welfare rolls over time by
60 percent, through the decreased entry and increased exit of
welfare-program participants.
Securing a future where America's borders are no longer porous,
its laws are respected, and illegal labor is replaced by legal
workers and legal immigrants is an achievable objective. The way
forward is not to repeat the failures of the past but to pursue an
incremental strategy of real reforms. With these steps, the
president and Congress can deliver on their promises to provide
border security and to realize comprehensive immigration reform.
This achievement would help lawmakers to not only regain the trust
and confidence of the American people, but also to meet their
solemn obligations to keep the nation safe, prosperous and?free for
all Americans - and all those who will become Americans - today and
for generations to come.
James
Carafano, a retired U.S. Army lieutenant colonel, is an expert
in defense affairs, military operations and strategy, and homeland
security at The Heritage Foundation. A former assistant professor
at the U.S. Military Academy in West Point, he has authored many
books and studies.
First appeared in the American Legion magazine