Crossing the Line

With immigration heating up as a major political issue, I guess it’s time for me to expand on the ideas I wrote a few weeks ago. I take a broad view of individuals’ right to migrate toward opportunity, national borders notwithstanding. To those who advocate restricting immigration in order to protect workers in one nation from competition or who object to the costs these migrants place on a society, I look at several centuries of economic imperialism that created the current economy and distribution of wealth. For me, the idea that American, or any society for that matter, is inherently entitled to economic rewards based on advantages gained from centuries of exploitation clashes with my concept of economic justice.

This is hardly a set of beliefs that will find support among any groups–liberal or conservative–in the United States. Nor do I expect to see them enacted in any immigration law reform. It is simply what I believe to be moral and just. I also recognize practical politics and the likelihood that immigration reform will be based on traditional ideas of nation-state exclusivity. That’s why I support the McCain-Kennedy bill pending in the Senate. In a nutshell, this bill offers an opportunity for undocumented individuals a measure of protection and, ultimately, a path to citizenship. For me, at least, the fines and penalties imposed by the bill address their illegal entry into the United States. McCain-Kennedy also allows the nation to screen out individuals with criminal backgrounds and those who pose a national security threat.

Although opponents deride the bill as amnesty and a reward for breaking the law, providing an opportunity toward legal status is simply recognizing reality. The United States is not going to deport the estimated 12 million individuals now in this country illegally. And regardless of their violation of our immigration laws, these individuals are still human beings who are highly vulnerable to exploitation. McCain-Kennedy offers protection and opportunity to this population. Extending legal protections to these workers also protects American workers who will face less competition from low wage workers who lack the legal status to insist on fair wages for their work.

On the other hand, Congress’ record in passing legislation to address problems is not encouraging (No Child Left Behind, Medicare Prescription Benefit, to name a couple recent examples) so the possibility exists that any action on immigration will only exacerbate the immigration problem. Jacob Weisberg explores this possibility in Slate. His solution is to do nothing and leave the existing “system” in place.

You can already see the outlines of another domestic policy disaster emerging: Bush will sign a law that threatens toughness but declines to apply it, that costs billions to administer but fails to reduce illegal immigration, and that creates massive new bureaucratic and legal headaches for everyone. This would be in keeping with past efforts, such as the big 1986 immigration reform bill, which promised serious sanctions against employers of illegals, has never been enforced, and has produced results the opposite of those intended.

If the past is prologue, it’s hard to argue against Weisberg’s point. All we’ll get is another legal and bureaucratic boondoggle, one that leaves many at the mercy of exploitation, which I consider unacceptable. I don’t care if someone broke the law or not, he or she is still a human being. I don’t advocate simply ignoring their violation but I don’t advocate leaving them in a legal limbo where they are trapped in near slavery. Yeah, I guess they could go back to their own country where they can live as citizens in a land of no opportunity and watch their children die but the human spirit being what it is doesn’t really leave that as a likely option when economic opportunity exists elsewhere. The North American Free Trade Act was supposed to promote economic opportunity in Mexico but the opportunity has been largely for American corporations at the expense of Mexican agriculture and enterprise. Hence, even more individuals seeking to escape an economy that offers little hope.

The Senate compromise that surfaced and sank last week does not really address my concerns. It simply reduces the number of individuals unprotected by the law but still leaves a large unprotected underclass. For now, I’ll stick with McCain-Kennedy and hope for the best.