Douglas, Arizona
LEE MORGAN'S SMALL, spare office has the somber feel of a
personal shrine. A Vietnam veteran with 30 years' experience
in the immigration and customs services, Morgan does
undercover and investigative work on the Arizona border, now
the gateway of choice for illegal immigrants entering the
United States from the south. Everything in his lair in the
dusty frontier town of Douglas speaks to his patriotism and
dedication: his Bronze Star, his Purple Heart, the three
folded American flags--comrades' commemorative flags--and
proud photos of his fondest undercover busts. Like everyone
who works on the border, he has had a new assignment since
9/11. The twin fights against illegal immigration and drugs,
though not forgotten, have been subordinated to a new
preoccupation--terrorism. But, tough and determined though
he is, Morgan is far from confident that he can hold the
line.Every day last year, the immigration service
apprehended some 1,400 illegal immigrants trying to cross
into Arizona. Over 12 months, along the whole southern
border, the total number arrested was more than a million.
Morgan has seen too much in life to be anything but candid,
and although it's his job to help catch these unauthorized
migrants, he criticizes the apprehensions as a waste of time
and resources. "They're just poor people trying to feed
their families," he shrugs. But that doesn't mean he isn't
concerned--very concerned. The main issue in his eyes: the
distraction the immigrant influx creates. "What if another
9/11 happens and I'm responsible?" he asks. "What if the
bastards come across here in Arizona and I don't catch them
because I'm so busy chasing a busboy or a gardener that I
don't have time to do my job--my real job--catching
terrorists? I don't know how I'll live with myself."
Morgan's personal nightmare is one urgent reason
why all Americans, no matter what their politics, should
support President Bush's plan to retake control of our
southern border. The White House proposal,
introduced in early 2004 and allowed to drop from sight
during the election year, is back on the table. The
president laid out his ideas again in the State of the Union
and is reportedly planning a major initiative to take the
issue to the public later this spring.
Republicans are no less divided this year than last, and
the White House has been working overtime to finesse those
divisions. In early February it shrewdly avoided a
confrontation in the House by backing a package of tough
enforcement measures that many had expected would expose a
rift between the president and less immigrant-friendly
Republicans. Instead, the administration and its allies cast
the "REAL ID Act"--the brainchild of powerful Judiciary
Committee chairman James Sensenbrenner--as a first step
toward the broader reform they seek, helping the measure
pass by a healthy margin. But this will hardly end the
discord in Republican ranks, and a major showdown is sure to
come, both in Congress and, more broadly, among
conservatives across the country.
The Bush plan has two key components: a guest worker
program and a transitional measure that would allow illegal
immigrants already here and working to earn their way onto
the right side of the law and participate legally in the
U.S. labor market. Conservative critics lambaste both
elements, not just as bad policy, but as inherently
un-conservative--out of keeping with core principles and
detrimental to Republican interests. The impulse behind the
challenge is understandable. Conservative criteria are
different: not just security, but the rule of law,
traditional values, and national cohesion--not to mention
the interests of the GOP. It's also true that the president
often touts his proposal in terms designed to appeal across
the political spectrum. He talks about "compassion" and a
desire to reward "goodhearted" workers, and sometimes this
emphasis obscures the hardheaded, conservative case for his
approach--a case that begins but does not end with America's
economic interests. In reality, though, demonized as it has
been on the right, the Bush plan meets every
conceivable conservative criterion--with flying colors.
THE PRESIDENT'S REPUBLICAN OPPONENTS often put their case
as a rhetorical question--"What part of 'illegal' don't you
understand?"--and the gibe hits home, not necessarily
because of what it says about the Bush solution, but because
it so accurately diagnoses what's wrong with the
existing system. Our immigration system is indeed
based on illegality--on a long-standing and all but
deliberate mismatch between the size of our yearly quotas
and the actual needs of our labor market, particularly at
the lower reaches of the job ladder. This mismatch has often
been convenient for employers--it provides a docile,
disposable foreign labor force--and it has been the norm in
agriculture off and on for nearly a hundred years. But in
recent decades, new technologies have spurred demand for
low-skilled workers in a wide range of other sectors as
well, and the public, quite understandably, is beginning to
find the hypocrisy intolerable.
As the president's critics understand, this is a large
part of what is driving voters' concerns about immigration.
People don't like the idea of 10 to 12 million illegal
immigrants living in the United States but outside the law.
They're appalled that entire American industries--not just
agriculture, but hospitality, food processing,
construction--operate on the wrong side of the rules,
relying on the black market to find the labor they need just
to keep their businesses open. The very idea of this second,
illegal America is an affront, its practical consequences
even more troubling: not just criminal syndicates that
thrive on lawlessness, but also the haven it creates for
potential terrorists. And the public is right: If routine
illegality is the price of immigration, it's too high a
price to pay--even if the newcomers are good for the
economy.
So the critics' diagnosis is not far from the mark.
But the question is what to do about this other,
illegal America--and the fact is that the president
has the best idea, arguably the only idea that can possibly
work. Many of his critics believe that the answer is to turn
off the immigrant influx. We should, they say, make the
necessary economic adjustments and do without the imported
labor. It's an option; with enough resources, we probably
could stop the flow. But are the American people prepared
for the changes that would come with that decision? The
likely economic sacrifice is incalculable: not just a few
extra pennies on the cost of lettuce, but forfeited growth
all across the economy, on a vast scale. In many industries
today, growth depends on foreign laborers, who filled one in
every two new jobs created in recent years. Then there would
be the cost of enforcement--a cost in dollars but also in
the way we live. Just ask experienced agents like Lee
Morgan: Cutting off illegal immigration would require
thousands more men on the border, routine sweeps in every
city, roadblocks, roundups, massive deportations, a national
ID card, and more.
The president has a better solution. He proposes that we
face up to the reality of our growing demand for labor,
skilled and unskilled. His outline is still just that--an
outline--and he is likely to leave it to Congress to fill in
the details: to devise a way to match foreign workers with
American employers, to make sure American laborers aren't
undercut in the process, to design a method for monitoring
employers and punishing those who don't comply, and so on.
But the White House has nailed down the all-important
central principle: If we raise our quotas to make them more
commensurate with the existing flow of foreign workers, we
can reap the benefits of immigration without the illegality
that currently comes with it.
A new, more realistic policy would be much easier to
enforce. The best analogy is Prohibition: Unrealistic law is
extremely difficult to make stick. Realistic limits are
another thing entirely. We can have robust immigration and
the rule of law too--if, instead of wishing away the influx,
we acknowledge reality, then find a smarter, more practical
way to manage it. And that is exactly what the president
proposes we do through his guest worker program. The idea is
not to expand the total number of immigrants who enter the
country each year, merely to provide those who are coming
anyway--and would otherwise come illegally--with a safe,
orderly, legal route. Assuming it works--assuming, as the
White House does, that once most jobs are filled by
authorized immigrants, there will be little incentive for
others to come illegally--it's a simple, pragmatic solution,
and that in itself should recommend it to conservatives.
EVEN MORE IMPORTANT would be the dividends for national
security. Hundreds of thousands of foreigners enter the
country each year without benefit of background checks or
security controls of any kind. Then, once in the United
States, they cluster in transient, underground communities,
as often as not beyond the reach of the law. The president
understands that we must come to grips with these potential
terrorist havens, eliminating not just the illegal arrivals
but also the illicit population that has accumulated here in
recent decades. That's why he has included a provision that
would allow unauthorized migrants to come in out of the
shadows and get visas. Though mocked as a spineless,
soft-hearted giveaway, this part of the plan too is driven
by our needs--our security needs.
Under the Bush plan, foreigners seeking to disguise their
identities would no longer find fake ID cards readily
available on street corners in every American city. The
Department of Homeland Security would have a much better
grasp of who is here and what their names are and where to
look for them if they turn up on an international watch
list. Agents like Lee Morgan would be able to get back to
their real jobs: tracking criminals and terrorists, not
farmhands and busboys. And all this could be achieved
without a draconian crackdown of the kind we would need were
we to enforce the quotas we have, let alone close the
border. Far simpler to bring the law back into line with
market reality, then implement the new rules with modest,
commonsense enforcement measures of the sort we rely on in
every other realm of American life.
But isn't what the critics say true--isn't the
president's plan in fact an amnesty? Not necessarily. It
depends how it's done. Illegal immigrants should not be
forgiven for breaking the rules; they should be offered an
opportunity to earn their way back onto the right side of
the law. Think of it as probation--that all-American idea, a
second chance. The president is unequivocal: Unauthorized
workers will not be permitted to jump the queue ahead of
legal applicants waiting patiently for visas back in their
home countries. And Congress should add other conditions.
Those already in the country illegally should be required to
pay a penalty; they should have to wait just as long as
other applicants for full legal status. While they're
waiting, they should be required to fulfill a variety of
additional obligations: hold a job, pay taxes, abide by the
law, take English classes, and demonstrate their commitment
to American values. Once they've met these terms, it might
even make sense to require them to go home to pick up their
visas.
The vetting alone is sure to be a huge job, and it will
have to be done with the utmost care on the part of law
enforcement. But the truth is there's no other realistic way
to eliminate the vast illegal world these immigrants
inhabit: no other way to clear the ground in order to build
for the future with a realistic, legal system of the kind
the president envisions. After all, we as a nation aren't
going to deport 10 to 12 million foreigners. However much
they dislike the idea of illegal immigration, the American
people aren't likely to have the stomach for that. Nor would
it ultimately be in our interest. Surely it makes more sense
to retain these trained, already assimilating workers than
it does to send them home and start over with people who
know nothing of the United States or its ways.
DOES THIS MEAN it may be possible to bridge the gap
between the president and his conservative critics? Well,
yes and no. The critics are right about many things. Our
current "nudge, nudge, wink, wink" policy is unacceptable.
The erosion of the rule of law cannot continue. We must
secure our borders against terrorists. The critics are also
right to be worried about the costs that even legal
immigrants impose on social services--primarily schools and
hospitals--in the communities where they settle. Any
overhaul of the immigration system must deal with those
costs, and it ought to include a set of provisions, both
carrots and sticks, to encourage assimilation. About all of
that, there can be no doubt. The only catch: Just think a
minute about this list of concerns. In fact, what the
critics find intolerable is not the president's plan; it's
the status quo.
The Bush package acknowledges the critics' concerns and
attempts to address them with realistic solutions. It's
designed to serve America's economic interest. It's our only
hope of ending the hypocrisy that undermines our law
enforcement. It's the best way to restore the rule of law in
our workplaces and enhance security on the border. Issues of
assimilation and local service costs are among the practical
matters still to be thought through--on the table for
Congress to tackle as it writes the legislation to implement
the president's plan. But surely eliminating the barriers
that now prevent 10 to 12 million U.S. residents from
participating in the body politic and requiring them to pay
their full freight in taxes would be a good start on both
problems. And this can be accompanied by other, more
proactive strategies like mandatory health savings accounts
for guest workers and incentives for employers to offer them
English classes.
Where the critics are most wrong--where they seem most
shrewd but are ultimately the most misguided--is in their
view of the politics of immigration. Here, too, they see the
symptoms accurately enough. Americans are frustrated and
angry. They know the system is broken; they want change.
Uncertainty about just how to effect that change is driving
a wedge into the Republican party, dividing the president
from his conservative base in Congress and at the
grassroots. And if the system isn't fixed, it could create a
dangerous opening for Democrats: an opportunity for
Democratic immigration hawks to outflank Republicans, not
just on law and order, but even more devastatingly on
security. All of this is true--and scary. But the answer
isn't to block reform. The antidote is to deliver a remedy,
as the White House proposes.
The president isn't misreading public opinion. If
anything, he reads it better than his critics do. Most
Americans aren't anti-immigrant. As poll after poll shows,
what they want is to regain control--of both the border and
the underground economy. The paradox at the heart of the
Bush plan makes it a little hard to explain to voters. The
president is promising to regain control by means of a more
generous and welcoming approach to immigration. But that
doesn't change the underlying truth: The Bush plan is the
only way to restore the rule of law, either on the border or
in our communities. It's the best answer to the critics'
complaints, the only answer to the illegality that plagues
us. And surely--no matter what the skeptics say--it can't be
political suicide to give voters a solution to one of the
problems that frightens and disturbs them most.
Tamar Jacoby is a senior fellow at the Manhattan
Institute. |