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Discussion Topic: Border Control, Immigration, and National Security

Legal Regimes
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Background
One of the hallmarks of both national sovereignty and security is control of territorial borders. A critical attribute of border control is immigration, both legal and illegal. In the United States, the practical and policy implications of designing and enforcing an appropriate immigration scheme have proven to be most difficult. The problem is not new, however. Throughout our history, we have adopted widely varying measures in attempts to satisfy myriad ends and constituencies. At times, such as in the case of the Chinese in the 19th century, xenophobia ruled the day. In the latter half of the 20th century, the Cold War and anti-communism played a predominant role in setting immigration policy. Moreover, complex economic and labor issues have always attended immigration and border security debates. Policy choices are further complicated by the lengthy and open borders between the U.S. and its northern and southern neighbors.

If the problem is not new, the ordering of priorities may be. Today, the security side of the equation has been given greater weight. Specifically, the threat of terrorism has prompted a more restrictive policy on legal immigration into the U.S. and enhanced physical security at our borders and points of entry. As with every other aspect of national security, the critical task remains: finding the proper balance between competing interests.

On the side of a freer immigration stance several strong arguments can be marshaled. America has always stood as a beacon of freedom and a refuge for those fleeing persecution, privation, tyranny, or injustice. America, too, has been enriched by its welcoming policy which has yielded a richly diverse, talented, loyal and freedom loving populace. Reasonably easy legal immigration promotes the entry of students and teachers, financiers and innovators, poets and musicians, artists and architects, mathematicians and musicians, soccer stars and movie stars, all of whom contribute to what makes America great. Illegal immigration is merely a part of the larger free flow of capital and labor, adding, among other things, to the pool of workers willing to perform menial but essential tasks.

Notwithstanding the power of the foregoing, a more permissive immigration policy and more porous borders undoubtedly come at some cost to national security. While the dimensions of the terrorist threat to our homeland are difficult if not impossible to calculate, the threat is real. With respect to illegal immigration, the proponents of tightening our borders offer a fairly simple argument: the more unscreened, unaccounted for people who enter the U.S., the greater the chance that terrorists will be among us. Currently, this argument has gained considerable sway in Congress. Bases for denying legal entry have multiplied while the documentary requirements have become more onerous. The problem of illegal immigration is being addressed by a proposed seven hundred mile fence on the border with Mexico, an increase in Border Patrol personnel, sporadic use of the military and a criminal justice effort directed at employers of illegal aliens.

Of course, just as it is impossible to eliminate entirely the terrorist threat, it is equally impossible to both seal our borders and guarantee that only persons who wish this country no harm enter legally. As we wrestle with the questions regarding the influx of illegal aliens and constructing an appropriate legal immigration policy in today’s threat environment, we must consider all the costs and benefits of any decisions. Economic, social, educational and moral interests should be weighed along with national security concerns.

Questions for Discussion

We encourage you to use the online resources provided below to help form an opinion on the questions for discussion.
  1. Would a carrot and stick policy on immigration make sense? If the U.S. were to significantly ease and expand the opportunities for legal immigration, while at the same time undertake extraordinary measures to seal the southern border with Mexico, would the current problems be alleviated or exacerbated?
  2. What is the appropriateness of enlisting state and local police in a border-sealing effort? What about the use of a citizen constabulary? What should be the disposition of illegal immigrants currently residing in the U.S.?
  3. The possession of radio frequency identification devices could be required of all visitors as a condition of entry to the U.S. This would facilitate the location of foreign visitors and detection of those who overstay their permitted time. Should the use of tracking devices be considered for all temporary visitors to the U.S.? Would any gain in security outweigh the system development and employment costs? If the U.S. were viewed as inhospitable, would the economic and political costs be too great?

Online Resources

Overview of Immigration and Customs Policy Issues National Security Implications of Immigration and Customs Policy Economics and Immigration The Military and Immigration Policy Civilian Border Patrolling Other Relevant Information
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