As I have watched and listened to the current debate on immigration reform, I am troubled by the way it has been discussed. Like many other issues, it is portrayed as a single issue, while, in fact, it is several issues lumped together, for which the American public is asked to agree on a single solution.

I am troubled by the choices we are being asked to make because America is a nation of immigrants, and our greatness has in good measure come from the mix of cultures and the clash of ideas, and what has emerged from that confrontation - new ideas, new solutions to old problems, developed and agreed to by a mix of people who brought a wide spectrum of views to the discussion.

Once the prosperity that came from America’s expanding economy created a growing middle class, almost from the first, each new group that arrived on these shores was looked at as a threat, as an alien force to be mistrusted; a group that was going to steal a piece of the American dream for themselves, leaving less for those who were already here - those already a part of the fabric of American society. The litany of derogatory names we have called each other is both a dramatic history of who we are and an indictment of our merely being guilty of being human – merely being protective of what we have and of our own.

Intertwined with the story of American immigration by choice is the reality that we Americans collectively made forced immigrants of many who were used as slaves. This was done simultaneously with a brutal taking of almost the entirety of the land from those who had preceded us on this continent. To this day, in spite of the substantial contributions of labor and culture by these two groups to our nation’s richness, many of them are still excluded from full participation in our society. This very situation may be in some part why we modern Americans now fear the ever-growing Latin culture that is quickly becoming entwined in the American tapestry, because in many ways we have yet to come to terms with the real America – a more inclusive and richer culture than any other on this planet. Truly a land of apple pie and milk, of spaghetti and meatballs, chow-mein and roast duck, bagels and strudel, tacos and tortillas, and fried okra and chitlins.

Also, because of our living history, we also fear creating a new officially sanctioned group of second class citizens

The story of American immigration is not, and never will be simple and clean - the inclusions and exclusions fill the pages of our history. Yet, ultimately, all that have come here have contributed to the building of America, its industries, its architecture, its sports, its arts, and its sciences.

The obvious problem with immigration policy today is that for far too long we have allowed the immigration laws to be ignored at our Southern border with our neighbor Mexico and at our northern border with Canada. We now have a resident minority of illegal aliens of substantial size, who live in all parts of this country. The conflict at hand is the result of the fact that Americans have hired the illegal aliens, and Americans have benefited from their labor.

The question that has always existed regarding illegal aliens revolves around their status, which has allowed them to be exploited, and in turn, their exploitation negatively impacts the legal working force in several ways.

Also, a less tangible, but pertinent aspect of the status of illegal immigrants, is our American sense of fair play, which while often lacking in application, is still at the heart of our cultural creed. While the American dream may not be as all inclusive as we would want it to be, we Americans are quick to react to the possibility of the dream being turned into a nightmare.

To ignore these facts, and to refuse to take responsibility for the immigration situation on a federal, state, and personal level – and merely to continue to point fingers - is to ignore reality and allow the problem to continue and worsen.

With these considerations as preface I have made
the following proposal:

Proposal of a new guest worker program

The problem at hand is the illegal immigration across our border with Mexico and, to a lesser degree, our border with Canada.

The public's perception is focused on the illegal immigration from Mexico. The reality is that there are a large number of illegal immigrants from many countries who cross each of these borders, though unarguably the greater illegal immigration is from Mexico.

Before any other steps can be taken, illegal immigration must be stopped. At present, illegal immigration is estimated at 500,000 people annually, more than twice our legal immigration quota.

Without stopping illegal immigration, any regulated immigration policy is irrelevant.

Traditional immigration seeks to control the number of immigrants in any given year, with quotas established for various countries. There is also policy in place to deal with refugees and other classes of people. Immigration control also seeks to prevent the importation of transmittable diseases into the United States. This concern has in some ways been diminished since the days of Ellis Island, still we do have vaccination requirements and health must still remain a primary concern, especially if there should be a worldwide pandemic. Immigrants, like tourists, must be required to meet health standards.

Presently, there is the heightened concern, even fear, of terrorists infiltrating across our borders, potentially hiding among the thousands of illegal immigrants who come here primarily for work. Without discussing the causes of the stated terrorist problem at this time, any internal security program is obviously severely compromised by a lack of security at our borders.

Many proposals have been suggested for strengthening border security and the debates continue. As a general rule, I believe the illegal traffic across our borders should be controlled by Immigration and Naturalization Service officers, rather than active military forces, which would be an improper use of the military. If the various states were to reinstitute a type of state militia program, basically to serve during emergencies, these localized groups could be used as supplemental manpower for many of the tasks required to police the borders. These official militias are not to be confused with the private militias currently stationing themselves at the borders. I would support the use of National Guard troops as an intermediate, short term measure, if they were to serve in a back-up and surveillance personnel role. I oppose the permanent militarization of our borders as dangerous to liberty.

Mexico and Canada must be asked to enhance their own border security. Legislation should be passed that will penalize Mexico and Canada monetarily by the imposition of limitations on trade, and/or severe punitive tariffs on that trade, if the flow of illegal human traffic across our borders is not stopped.

Mexico and Canada must also be asked to share the cost of returning illegal immigrants to their county, even if those returned are citizens of nations other than Canada and Mexico

We must closely examine the argument that certain business entities have a vested interest in the unfettered flow of traffic across our borders. We must also investigate why the increased number of manufacturing jobs in Mexico due to recent trade agreements has not resulted in a reduction of Mexicans seeking employment here. Depending on the results, we may have to re-evaluate and modify the NAFTA agreements. It would be unconscionable if a small group of business interests is profiting from the NAFTA agreements, while Mexican workers are not sharing in those profits, and American workers are losing jobs. The examination must look to see if the conduct of business is indirectly or directly responsible for the increased illegal immigration.

No legislation should be even considered until we know the economic causes of the illegal immigration, the economic ramifications of current trade policy, working conditions of Mexican workers in Mexico and the US, pay scales of illegal immigrants, and the general employment practices of those who hire them.

Our entire trade and importation policy must be examined to see its effect on illegal immigration, and if it is at all responsible for the loss of American jobs to foreign countries.

Basic immigration policy

We must take whatever measures are necessary to persuade our neighbors to assist in eliminating illegal immigration.

The current US immigration policy is a mix of programs, each with limits on the number of immigrants that may enter the United States from specific countries. There are supplemental programs, which aim to balance inequities in the system, both personal and geographic, and which tend to admit those who have the potential to enhance business, industrial and scientific opportunities in the United States. In no way is the system prefect, but it is on the books, and has a stated methodology. I believe that there is a need to review the particulars of the policies, but in seeking improvements, the basic concept should not be severely skewed because of temporary political pressure toward one nationality or another.

Current US immigration policy gives preferential immigration to the relatives of those with Legal Permanent Resident status (LPR) or those who have gained full citizenship. One aspect that must be examined is the effect that proposed legislation that is aimed at granting a broad based amnesty to all or part of the estimated 12 million illegal aliens currently in the United States would have on existing policy. The potential total supplemental preferential immigration status given to illegal aliens currently here, an estimated 75% from Mexico, would severely outweigh immigration from other countries far into the future.

Illegal aliens already here – Guest Worker Program

Guest Worker Program

A major question today surrounds the proposal being made to initiate a guest worker program in the United States, similar to programs in many other countries. The social and economic ramifications of this program must be examined before any program is accepted. Under no circumstances should this type of program create a type of second class citizenship for those coming here to work. If foreigners are brought here to do unskilled and semi-skilled labor, they must be rewarded in some manner commensurate with American workers doing the same jobs. There, of course, would still be economic benefit to employers who choose to use this type of labor, but care must be taken to prevent the development of a foreign underclass. Also, any guest worker program must be seriously examined as to how it might affect pay and work standards of the American worker.

Jobs no Americans want

It is said that the illegal aliens are doing jobs no Americans want. This is a statement that has yet been demonstrated to be true. Perhaps many younger people working at minimum wage jobs in the service industry would do just as well or better working at traditional farming, construction, and industrial jobs. America reached its manufacturing zenith when many rural young worked on farms and in factories. This employment has now been replaced by low paying corporate service jobs, which are really temporary or dead end jobs for most youth, and many of the factory jobs have disappeared.

We should possibly be looking at a newer type of vocational training for those who do not have the skills to occupy the positions that the illegal immigrants are so quick to fill.

We need also to consider long term federally supported investment in new localized recycling and energy industries that would absorb those who now find themselves without opportunities in industrial jobs.

There is a farming crisis in the United States, and the family owned local farm is under tremendous pressure and disappearing. I suspect that conglomerate agro-businesses are the largest beneficiary of the illegal migrant worker situation. Cesar Chavez, former president of the United Farm Workers union, opposed the continuing immigration of illegal workers, as he felt that they were negatively impacting the resident migrant worker, whose conditions were bad enough without the pressure of unfair competition.

Force wages up if Americans won’t do the jobs – is not a bad result.

It is also said that Americans would only do jobs being done by illegal immigrants if the wages were higher. This is not necessarily a bad thing. I firmly believe the problem in the United States today is not the small pay raise that most workers need to keep up with the cost of quickly rising hidden inflation, but the lack of efficiency of the American manager, and his unresponsiveness to the needs of the market. The problem is not wholly the lack of worker productivity. It is as much or more the lack of American management creativity and responsiveness.

When America did its best, the American worker shared in the profits, to the degree that there was a growing middle class, and increased buying power for the average worker. During the period of the growing American standard of living, most Americans, though admittedly not all, had the choice of purchasing from the merchants they preferred, and were not forced to buy at discount stores because they had to. They often willingly paid more for better service and local convenience.

The typical American today is quickly losing this choice, and we are losing more and more locally owned retail stores and jobs. Lowering retail prices and limiting the choice of goods is a poor substitute to better paying jobs for the average worker.

Again, we must determine what jobs the illegal immigrants are doing and what they are being paid for their work.

The decision to be made

Whether or not a guest worker program is established in the United States is a decision that can only be made after a full examination of the effects that this readily available supply of labor will have on the American workforce.

The guest worker program should be established only for the length of time and in a manner that benefits the American economy and does not negatively impact the American worker. It cannot serve to weaken the bargaining power of the American worker or serve as a tool to weaken the trade unions.

The last thing America needs is an inflexible guest worker plan, and if one were established it would need to be reviewed on an annual basis.

If a Guest Worker program is established

Those who chose to register

The illegal aliens already in the United States would be offered the opportunity to join a newly created Guest Worker Program

Participation in this program would be for a 2 or 3 year period, renewable for an additional year.

Participating in this program would yield the Guest Workers no particular advantage towards eventual US citizenship other than showing that he or she had been gainfully employed while in the United States. Once the Guest Worker’s employment time ends, these individuals would be expected to return to their country. They may re-apply for another guest worker period after returning to their native country.

Illegal aliens who do not register

Those illegal immigrants who choose not take advantage of this program would be expected to return to their native country immediately.

If they desire to apply for citizenship at the time the first GWP is offered, they would need to return to their country and make the initial application there. For those illegal immigrants who leave voluntarily, their current illegal entrance into the United States should not be held as a mark against them in any future application for citizenship. Once back in their country they could also apply for guest worker status. If that status is obtained, their participation in the Guest Worker Program would be irrelevant to their citizenship application process.

Illegal aliens who remain here illegally

Those individuals who are in the United States illegally and choose to remain here illegally, run the risk of being picked up by the immigration authorities and deported. This immigration violation notation would count as a negative mark against them if they eventually desired to obtain US citizenship or participate in a Guest Worker Program.

The illegal aliens who choose to remain here without US immigration guest worker status and are apprehended would not be charged with a felony, but would be arrested and deported as quickly as possible, unless there are special mitigating circumstances, which would jeopardize their safety because of the political situation in their native country. The United States does not need to house thousands of illegal aliens in our prisons.

Subsequent immigration violations would result in misdemeanor charges being filed against them. Agreement on the penalty for these subsequent violations would have to be agreed to.

Illegal aliens who have had children while in the US

Currently US law and interpretations of the Sixteenth Amendment recognizes any infant born on U.S. soil as a U.S. citizen, with full rights. This extends to children born on ships within the 12 mile territorial limits and even to one born in an aircraft flying above U.S. soil.

I believe this interpretation is wrong and needs to be challenged, even if another amendment to the Constitution is required. US citizenship should only be granted to those children born to those who have immigrated to the United States legally, and are in the process of obtaining Legal Permanent Resident or Citizenship status.

Those illegal immigrants who have already had children while here in the United States illegally would still be expected to return to their native country. Their child (children) would be considered US citizen(s) and could remain here with legal relatives, or could return as full citizens once they are adults. Any future change of the law would not affect their claim to US Citizenship. Many people around the world currently have dual citizenship because of various situations.

Identification and driver’s licenses

All people participating in the GWP will receive a federally issued identification card with an assigned GWP number. This card will have both photo and modern biometric identifying capability, and should be as tamper proof as possible.

No American citizen will ever be required to have such a national ID Card

This card and membership in a special federally sponsored collision and liability insurance program, private automobile insurance or sponsored insurance from an employer, will allow them to obtain a special driver’s license in any state in the United States.

Any member of the GWP involved in a serious automobile accident causing extensive damage to another vehicle or injury to another party who does not have membership in the Insurance Program or another form of insurance coverage will be liable for felony charges and will immediately be deported either before or after serving time in jail.

Health care and workers benefits, minimum wage laws

As part of their participation in the American labor pool, guest workers should have available to them very basic medical partial pay insurance when the need arises. This refers to illnesses and accidents on the job. A program needs to be established to help defer the cost of these services, which currently are being unfairly borne by local and state governments, and ultimately the state citizens. The program that will be established is not intended to serve as a general humanitarian program by treating pre-existing illnesses. Humanitarian efforts by the United States are and should continue to be managed through other programs.

Employee / Employer / Native Country contributions

To help defray the cost of this program, the guest worker will contribute seven- percent of his / her salary to a general medical assistance fund. The employer and the native country of the guest worker will each contribute an additional five percent to this program. These contributions will be kept at the state level and used as part of the insurance reimbursement to the medical entity treating the worker.

Illegal aliens – the threat of disease

As part of any immigration program, and no exception should be made for those illegal aliens already here, a proper medical screening should be done on all applicants.

This screening will also alert immigration officials to applicants who have pre-existing conditions that are difficult and costly to treat. If the condition is not communicable, which would require their returning to their native country for treatment, some sort of larger personal/ worker – contribution to the medical plan in order to compensate for this additional cost might be established.

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This proposal is not intended to be comprehensive, but should serve as an outline for the approach that I believe best serves the needs of Americans and those who have come here and worked alongside us, and for those who would like to come and work alongside us in the future.