The incoming Trump administration has repeatedly indicated its intention to deport large numbers of illegal immigrants. The president-elect considers mass deportation a cornerstone of his campaign mandate, and all signs indicate he intends to follow through on this promise.
One might hope that mass deportation would succeed in dramatically reducing the number of illegal immigrants living in the United States. But if the past is prologue, this seeming victory will not last long. Over time, public sentiment toward illegal immigration will soften, politics will change, and the proportion of illegal immigrants will rise again.
Ultimately, addressing illegal immigration with mass deportations is likely to be just as ineffective as using mass incarceration to combat the drug epidemic. As long as there is a demand for labor, there will be a need for workers. And that necessity will lead to an increase in illegal immigration.
Over the years and across multiple administrations, the de facto laws governing immigration have differed from the legal text of the law. Illegal immigrants are fully aware of the legal prohibition, but they come in response to a de facto invitation. America beckons them with promises of a better life for themselves and their families, while talking loudly about border security with a nod and a wink.
Yes, those who are here illegally have broken the law. But this country has consistently encouraged them to do so.
Achieving a long-term solution to illegal immigration requires repenting of this nation's hypocrisy and reestablishing the rule of law. This will only happen if U.S. companies and foreign workers decide that abiding by the law is better than ignoring it. Immigration policy must be changed to address both the demand for foreign workers and the conditions under which foreign workers are regulated. So what you need is a robust guest worker policy.
In recent years, there have been several efforts in Congress to pass guest worker legislation. The most recent of these is The so-called Gang of 8 bill of 2013. The bill failed, largely because its proponents blindly insisted it include: path to citizenship.
Any discussion of citizenship in immigration law is not a starting point for a broad swath of American voters. They will never accept citizenship as a reward for breaking the law. Some may object to this indomitable spirit, but denying its existence is a guarantee of failure.
For this reason, guest worker legislation should be completely separated from citizenship considerations. Employers should focus on developing efficient systems to hire workers and enable workers to obtain legal status to work.
The system should be designed to encourage workers to make their home and support their families in their home countries rather than in the United States. This policy would benefit both the United States and the countries where these workers come from. All things being equal, the situation in these countries is likely to improve as the number of citizens increases. become invested in them.
If these general principles were implemented in conjunction with strong border enforcement, incentives for illegal immigration would be dramatically reduced.
President Trump and the incoming Congress have a historic opportunity to address illegal immigration. They have a choice in front of them.
One option is to crack down on borders and deport large numbers of illegal immigrants. This is disruptive to businesses, traumatic for immigrant families, and will endure as long as Americans endure it.
Another option is to enforce borders and reform guest worker policies. This is a readjustment for businesses, a readjustment for immigrant families (many of whom have chosen to move their homes to their countries of origin), and will last as long as Americans prefer a legal immigration system to an illegal immigration system. Probably.
The second option is Win. The first is a Pyrrhic victory.
Gary L. Brown is a civil engineer. He lives in Jackson, Mississippi.
