Immigration Law That Works

By Michael S. Greco, President
American Bar Association

Let’s begin by acknowledging the obvious: America’s immigration laws today do not serve the best interests of our nation.

But while Americans want and deserve action on immigration concerns we should remember one thing: We need laws that are respected and effective.  Certain reform measures now being floated in Congress would actually hurt, not benefit, our economic well-being and  national security.

To succeed, any immigration reform must confront three truths.

First, many businesses that directly affect our lives depend heavily on immigrant labor.  Second, it is unrealistic to consider sending an estimated twelve million undocumented immigrants “home.”. Third, it will be much easier to repair the current broken system if undocumented immigrants are given an incentive voluntarily to come forward.

For these reasons, our next immigration law must give long-term immigrants — so long as they are otherwise law-abiding and contribute to our economy — a realistic path to become permanent residents of our nation.

Members of the Senate Judiciary Committee appear ready to consider some form of “earned permanent residency.” It is vital that their colleagues in Congress, and we as Americans, support them in this sensible approach.

There will be many who say that we should not reward those who entered this nation illegally.  A bill by Sens. John McCain (R-Ariz.) and Edward M. Kennedy (D-Mass.) contains high hurdles for earning residency. It is far better than other alternatives being considered.

For example, some in Congress propose to deport or lock up 12 million undocumented immigrants.  This approach simply is not feasible or sensible.  Our entire national inmate population—federal, state and local—is about 2.1 million. Our jails and courts would be overwhelmed by such a caseload.

Even if such mass deportations — the equivalent of evicting every single person from ten cities the size of Dallas — were possible, the economic impact on the US would be traumatic.

Undocumented immigrants often perform jobs that are otherwise difficult to fill and that benefit all of us — including agriculture, hotel/food service and construction. 

With such obvious enforcement difficulties, it is crucial that a new law give immigrants incentives voluntarily to comply. The lack of such incentives is a major defect in some of the proposed reforms.

Some proposals would require undocumented workers to register and work for a period of years, but then require them to return to their home countries.  Other proposals would give eligible undocumented workers the right to remain in the country and work, but provide no certain path to permanent legal status.

Facing eventual separation from family members in the first instance, and the uncertainty of their status in the second, many immigrants simply would not register for such a system, leaving us in the same futile situation we have now.

McCain-Kennedy allows those who can prove that they have lived and worked responsibly to remain in the country as they seek permanent status.  The bill includes a $1,000 fine for past violations and requires previously undocumented workers to pass a background check. It also would increase employer sanctions for knowingly hiring undocumented workers, establish an employment eligibility confirmation system, and provide for reimbursement to the states for certain health care expenses related undocumented immigrants.

It is precisely these types of common-sense compromises that are needed to  address our dysfunctional system. By legitimizing and regulating immigrant workers, we can protect both our economy and our collective safety.

America's future depends, as did its past, on vital contributions from immigrants.  From its first settlers to today, America has always been a nation of immigrants.  Let us never forget it.