Reflections on Immigration Policy and Reform
During the 1980s, I worked for one of the most conservative senators in the U.S., Jesse Helms from North Carolina. He represented a bygone era of southern politics; perhaps someone like Alabama’s Coach Tommy Tuberville might be a modern equivalent, though maybe not quite as conservative as Helms was back then. Helms was adept at navigating Senate rules, a trait shared by older southern senators such as James Allen from Alabama and John McClellan from Arkansas. His strong opposition to big government earned him the nickname ‘Senator No.’
By the early 1980s, various economic and security crises in Mexico contributed to a significant rise in illegal immigration into the United States. The struggling Mexican economy and a population boom led to record high apprehensions along the border. At times, the numbers of apprehensions topped 100,000 a month, but estimates suggested that for every person caught, somewhere between three to five managed to evade capture.
This predicament prompted Congress to pass the Immigration Reform and Control Act of 1986, known as “Simpson-Mazzoli,” named after its sponsors. Although well-intentioned, this legislation has played a role in the ongoing illegal immigration challenges we see today.
Having a background in foreign affairs and national security, especially regarding issues in Latin America, I was tasked with examining the immigration legislation for Senator Helms. He anticipated the dangers posed by unchecked illegal immigration and the influx of narcotics harming our citizens. Despite our efforts to introduce amendments focused on border security and against amnesty in the Simpson-Mazzoli bill, we managed to gather only a handful of conservative Republican senators in support of stricter measures. For instance, a proposed amendment that would have denied amnesty to illegal immigrants was defeated, and many of our proposals to bolster border security were diluted.
Fast forward to today, and employers still face little accountability when hiring illegal workers. This isn’t surprising, as we argued decades ago that without legal job opportunities and stringent enforcement against businesses employing undocumented workers, fewer individuals would risk crossing the border illegally.
Back in the 1980s, some Republicans, including Wyoming Senator Alan Simpson, took a more lenient stance on illegal immigration, aligning with Democrats. This approach contributed to the very immigration crisis we contend with today.
Senator Helms, serving as chair of the Agriculture Committee and being a member of the Foreign Relations Committee, was well aware of the importance of seasonal foreign guest workers to fill labor gaps in American agriculture. He recognized that any visa program needed to remain temporary and should not offer a pathway to citizenship.
The idea of a seasonal foreign labor program originated during World War II when U.S. soldiers were abroad, and a labor shortage emerged in agriculture. An agreement with Mexico allowed for temporary workers to support American food production during the war. This initiative, known as the “Bracero” program, started in 1942 and continued under several bipartisan administrations after the war, including those of Truman, Eisenhower, and Kennedy.
The guiding principle of this wartime program was to foster a regulated, temporary labor system beneficial to both nations. While there were instances of abuse, the program was generally seen as a good faith effort from both the U.S. and Mexico. Remarkably, through this program and into the 1970s, illegal immigration was comparatively minimal. The regulated pathways for seasonal jobs helped reduce the incentive to cross the border illegally.
Today, the spirit of the Bracero program lives on in the H-2A visa program for agricultural work. The H-2B program, which caters to seasonal non-agricultural jobs, was actually a derivative of the original initiative and was also part of the 1986 Immigration Reform and Control Act. This includes a variety of seasonal roles, such as those in hospitality and landscaping.
However, since the 1986 reforms, enforcement against U.S. businesses flouting immigration laws has been so weak that it’s challenging to see any tangible impact on curbing illegal immigration and employment.
While continuing to uphold and even grow the beneficial H-2A and H-2B visa programs, the Trump administration must prioritize strengthening immigration law enforcement and enhancing border security. These seasonal labor initiatives not only bolster local economies but also support American businesses that rely on them.
Senator Helms would likely have supported President Trump’s America First approach to border security and would have advocated for the use of temporary seasonal foreign labor where needed in the economy. He would push for robust enforcement of immigration laws and measures to penalize employers who hire undocumented workers. Additionally, he would advocate for a productive “good neighbor” policy with Mexico and Central American countries, promoting the expansion of the H-2B program. Helms understood the link between migration management and foreign policy.
It’s crucial for Congress to step up and meet its responsibilities to the American people. There’s a pressing need to expand the H-2B program and significantly increase visa limits due to domestic worker shortages. With President Trump having effectively strengthened border security in his initial days, it’s now Congress’s turn to create temporary, legal pathways that uplift American workers while also addressing illegal employment issues. Expanding the H-2B program seems like a sensible first move.
