Thursday, June 14, 2007

Immigration Reform to Reform the Reforms

Like most Americans, I am concerned about the problem of illegal immigration. The debate seems to be between those who feel we can do nothing about the problem and those who feel we need to enforce existing laws. Sneaking across the border is a criminal offence. Not paying taxes would land you or me in jail. Pending immigration reform plans in Congress are amnesty plans. They just legislate away immigration crimes and tax evasion.

In 1986 Congress passed the Immigration Control and Reform Act (IRCA). It was designed to solve the problem of illegal immigration once and for all. Congress estimated there were 1 to 1.5 million illegal immigrants who would be affected. The plan was to give existing illegal immigrants amnesty and offer them the right to apply for citizenship. Companies would be prohibited from hiring future illegals. Employers would be required to check the status of newly hired workers so there would be no jobs for future illegals who came to the United States. With jobs unobtainable to future illegal immigrants, people would stop coming here without applying to come here legally. Problem solved, or so it at first seemed.

We will never know if Congress's estimate of 1.5 million illegal immigrants was accurate. After the act was passed, there was a flood of new illegals who came across the border to get in on the amnesty plan. As illegals are by definition undocumented, who was to say they weren't here before the cut off date? In the end three million people applied under the amnesty plan. A further inflow occurred when these new citizens applied to bring their relatives to the United States.

People come here because they can get jobs and utilize our services. If companies refuse to hire them, the problem will go away. Under the Immigration Control and Reform Act of 1986, companies are required ask employees for identification and documentation that are authorized to work in the United States. I know I cannot get a job without it.

In recent days some large companies have said they employ large numbers of illegals but can do nothing about it. Why? They say they will be sued for racial bias if they try to verify documentation and the applicant turns out to be here legally. If what they say is true, the Congress needs to protect them from such litigation and insist they perform the required checks. If what they say is not true, Congress should provide funding to the Justice Department to sanction these companies and direct Homeland Security to deport any illegal workers found.

An amnesty bill for an additional 20 to 30 million more illegal aliens is not the way to fix the failures of the 1986 Immigration Control and Reform Act. If the Federal Government could not control illegal immigration and illegal hiring with that amnesty and enforcement plan, what makes people think more of the same will solve the problem?

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