The immigration compromise being proposed by
the White House and Sens. Ted Kennedy (D-Mass.), Jon Kyl (R-Ariz.) and
John McCain (R-Ariz.) is a reasonable middle ground between the two
extremes on this issue that takes into account the principles and
concerns of both while creating a pragmatic common platform in the
middle.
Homeland Security Secretary Michael Chertoff
was reportedly a key actor in crafting the compromise and he's to be
congratulated on his role.
Under the compromise, existing illegal
immigrants could stay in the country and apply for residence visas and
eventual citizenship. Up to 400,000 immigrants could enter the country
for temporary work but would have to leave after two years. A new point
system for immigrants would come into effect that would favor educated,
skilled English-speaking immigrants over family ties that have been the
dominant factor in the past.
All of this would come into force once the
United States imposes tough new border controls and cracks down on
illegal workers. That means deploying 18,000 new Border Patrol agents,
constructing 370 miles of fence, 200 miles of vehicle barriers and 70
radar and surveillance towers, all of it overseen by four unmanned
aerial vehicles. Facilities for detaining 27,500 illegal immigrants a
day would have to be arranged or built and employers would have to be
given the means of identifying illegal immigrants.
Being a sensible and a well-crafted
compromise, it has, of course, been immediately attacked by everyone on
the extremes of the debate.
Hard-core conservatives believe that
lawbreaking, which is what illegal immigrants have engaged in, needs to
be punished. They’re right. However, their legalistic arguments are
undercut by their lack of compassion for poor people seeking a better
life and a strong strain of xenophobia, which, like the phantom pain
that plagues an amputee, seems to be a kind of belated, misplaced
hatred of terrorists and all foreigners. Their solution would create a
permanent, persecuted, illegal underclass that they'd neither control
nor be able to expel.
At the same time, liberals are complaining
about the fines and the hardship on families--but would simply overlook
mass lawbreaking. That's no solution either.
As much as Americans may not like to recognize
it, the true genius of American governance resides in its encouragement
to compromise. Indeed, the entire Constitution is a compromise and one
that has worked well for two centuries. In this instance, both sides
have come up with a compromise that is reasonable, fair and goes some
way toward meeting each other's needs and principles. It deserves
support in its initial form.
Speaking practically, though, that is not what
is going to emerge from the legislative process. Whether it is amended
beyond recognition remains to be seen. But it provides a small glimmer
of hope that people on all sides of the political spectrum can even
meet and talk about a middle ground and emerge with a proposal that
earnestly tries to address all concerns equally. We haven't seen that
in a long time.
Impact on homeland security
From a homeland security perspective the effects of this proposal appear to be immense.
Last August, the Congressional Budget Office
(CBO) did an estimate of the cost of S. 2611, the first immigration
reform bill, and concluded that its provisions of a guest worker
program would cost the United States $64 billion in direct spending
over 10 years--not including its impact on taxes, entitlements,
benefits and ancillary expenses to the country (To see the full text,
go to http://www.cbo.gov/ftpdoc.cfm?index=7501&type=1).
The current bill, with its strong
enforcement provisions, would likely cost much more and we can expect
to see a new CBO estimate sometime soon.
Clearly, the Department of Homeland Security
(DHS) would require some major investments to keep up with the demands
of hiring new Border Patrol agents, acquiring new technology, building
new fences and constructing a whole series of new detention centers.
Furthermore, the task of credentialing and verifying nearly 12 million
illegal immigrants, applicants for guest worker visas and all the rest
of the new bill's requirements would prove a tremendous challenge to
industry--but would be full of opportunity as well.
Chertoff has stated that the changes in the
bill could be in effect in 18 months and as a key player in crafting
the compromise, one presumes he knows his department's capabilities.
Some programs are already under way, for example the Secure Border
Initiative (SBI) and its technological component, SBInet.
But looking at this from the outside gives one
pause. Perhaps the procedural changes could be implemented in 18
months, but trying to rush the full program to completion in those 18
months - essentially, before the end of this administration - appears
to be a formula for difficulty at best and disaster at worst. The
potential for confusion, waste and chaos is as great as that which
accompanied creation of DHS itself.
As one example, take the Transportation Worker
Identification Credential (TWIC), which was to verify the identities of
all transportation workers with access to sensitive facilities and
which to this day has not been implemented for the past three years
despite repeated pilot programs and steadily scaled back ambitions.
There is still no comprehensive TWIC - and TWIC was nowhere near as
ambitious a credentialing program as the guest worker program will be
with its need to credential at least 400,000 people. What is more, TWIC
applied to US citizens with documented identities who speak English.
The guest worker program will have to verify and credential people with
questionable documents who may not speak English.
This is not to say that the ambitions or the
nature of the immigration reforms are bad or wrong. On the contrary
they're laudable and sensible. But it would be a mistake to implement
them in haste and then repent at leisure.
If this immigration compromise indeed passes,
it should be solid enough to withstand management by several
administrations, of whatever party, and be implemented in a sober,
sensible and capable way - not rushed to completion to meet political
timetables.
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