Immigration Reform

Proposal for

Immigration Reform

A pathway for future American prosperity

“Immigrants should adapt to America;

America should not adapt to immigrants.”

Don Ochacher, Esc.

PROPOSAL

Immigration is arguably the most controversial and divisive issue in America, no less so within the libertarian community. Many libertarian ideologues believe that the right to travel is a natural right. In effect they do not recognize national borders and believe that all people should have the right to go to any country they wish with the caveat that this type of freedom of movement is inconsistent with the maintenance of a welfare state.

Since there's no chance that the American welfare state will be dismantled in the foreseeable future, the result of this intellectual exercise is an inability to create any serious proposal for the reform of American immigration policy.

Many of us who want to solve the crisis, not simply talk about it, believe that the current immigration system is damaging America and its citizens both economically and culturally and that the system must be reformed.  We believe that our proposal provides a pathway for future American prosperity while at the same time providing a fair and equitable means of dealing with America's vast illegal immigrant population.  

We acknowledge that in certain respects this proposal can be criticized as inconsistent with theoretical libertarian principles but we are realists and we sincerely believe that it is a constructive and realistic alternative to our current economically destructive immigration system and that this proposal would be acceptable to a majority of Americans.

AM AMERICAN IMMIGRATION POLICY FOR THE XXI CENTURY

                    

INTRODUCTION -   From its inception until 1965, America pursued an immigration policy designed to benefit the country and its citizens. America needed workers and immigrants came to work, many with the intention to return to their native countries but most to become Americans. If an immigrant could not support himself, he went home since the welfare system did not exist. Those who remained learned English and their children spoke English as their first language.  

The Immigration and Nationality Act of 1965 and subsequent legislation dramatically increased legal immigration and, more significantly, changed the ethnic make-up of the United States by increasing non-European immigration at the expense of European immigration and by increasing legal immigration under family reunification. This has resulted in vast numbers of immigrants who do not speak English, have no or little education, no technical skills and have little prospect of ever paying taxes in excess of the amounts which they will receive from our welfare system.

The replacement of the melting pot paradigm by an obsession with divisive multiculturalism has exacerbated the problem.  Not only do a vast percentage of immigrants fail to learn English but successive generations of immigrants still lack English competency making it extremely unlikely for them to advance in our society.

America desperately needs a new immigration system, one that will emphasize the potential contribution which immigrants can make to our country. Our economy demands increasing levels of skills and our immigration system should be designed to attract immigrants who possess those skills and are least likely to make demands on our welfare system.  

America also needs a solution to its illegal immigrant problem and we believe we have come up with a fair and reasonable solution under which illegal immigrants can become full and active participants in our economy without a so-called "pathway to citizenship.

THE PROGRAM

1. IMMIGRATION LEVELS - Legal immigration shall not exceed half million people annually. 

Of this amount:

·        400,000 shall be reserved for skill based immigrants. (Category A) 

·        100,000 shall be reserved for family reunification. (Category B) 

The above number shall be supplemented by (a) a guest worker program which shall be limited to the agricultural industry and certain designated industries permitted to have guest workers, and (b) a new investors program.

There are several relatively small current special programs that will be continued as is or modified in the future based on the same parameters as the rest of this proposal.

Since our proposal contemplates legalization of current illegal immigrants (see details below in the New Immigration System section) estimated to exceed 10 million in number, an adequate supply of unskilled workers already exists in this country that will be eligible to join the legal work force and thus there is no need for additional unskilled immigrants.

Immigrants under the skill based category and the “new investor” category shall be permitted to bring their wives and minor children who would be counted towards category totals. 

All immigrants other than minor children and family reunification immigrants must be competent in English prior to entry into the United States.

2.  IMMIGRATION CATEGORIES

Category A: The highest priority shall be immigrants who have obtained within the previous 10 years college or graduate degrees (residential not on-line) with a major or concentration in subjects such as physics, math, computer science, engineering or medicine from American universities or colleges which have been in existence for at least 10 years. These immigrants have lived here, speak English and possess skills which this country needs and which can be put to constructive use. 

Degrees such as communications, sociology, liberal arts and liberal science, or history including history of music, history of social and political movements and so on shall not be eligible. There are many Americans competing for a limited number of jobs in those areas and it would be counterproductive to encourage immigration of specialists in those overcrowded professions.

Two decades ago, the norm was for foreign-born students at American universities to stay permanently in the United States after they graduated. Stay rates for PH.Ds were over 90%. It was easy to get a visa.  These graduates provided the United States with a great technical advantage and helped fuel the technology boom. From 1995-2005 over 50% of Silicon Valley start-ups had a foreign born founder.  At present, a very small percentage of foreign born students expect to make America their permanent home, principally because they are unable to obtain visas to remain in the United States to work and start-up business. This situation must be corrected. 

The second priority in this category would be immigrants who have obtained college or graduate degrees within the previous 10 years (residential not on-line)  from foreign  colleges or universities  which have been in existence for at least 10 years with the same majors or concentrations required of graduates of American colleges or universities..

The last priority in this category shall include individuals who do not have college degrees but whose skills are necessary or useful to the ever changing American economy (for example oil production workers or welders) and who are believed to have a reasonable opportunity of success in this country. Standards shall be determined by a panel of experts. 

 Category B is reserved for family reunification. This program as currently exists will be abolished and replaced with a modified program limited to children under the age of 18. In addition, the petitioning resident must have an earned income (not counting government benefits) which is in our opinion should be at least 150% of the federal poverty level for the anticipated family size. 

Family reunification is perhaps the most economically insane immigration program ever pursued by the American government. Not only do we permit and, in fact, encourage immigrants with no skills to come to this country but once here, they can bring a vast number of similarly unskilled family members to America, including parents who can receive vast amounts of government welfare and other benefits without having paid a dime of taxes and without any prospect of ever doing so. Family reunification at present accounts for approximately two-thirds of our annual immigration and is, to put it in simple terms, economically unsound.

While it may benefit the legal resident, it does not benefit the country. Our immigration policy should not be primarily concerned with what benefits foreigners who want to immigrate to this country, but with how the program benefits the country and a majority of its citizens.  

This may sound callous, but if a new immigrant wants to reunify his or her family, it is a simple matter to do so: return to his or her country of origin.

Guest Workers Program: Annual legal immigration shall be supplemented by a guest worker program not to exceed the current guest worker level which shall be limited to the agricultural industry and certain designated industries currently permitted to have guest workers. Guest workers shall be required to have medical insurance coverage prior to entering the United States, the specifics of which are to be determined, which shall remain in force for as long as the worker remains in the country. Preferably such insurance coverage shall be provided by the employer.  

New Investors program: Foreigners in a number to be determined who agree to make substantial, employment generating investments in the United States will be eligible to obtain indefinite temporary residence permits. The size of the investments and the number of new jobs which must be created would be determined by a panel of experts, but shall not be less than $1 million and which will result in the creation of a new business employing 25 or more people or the expansion of an existing business employing not less than 100 additional people. 

Current special programs: the current visa programs under which special visas are granted to foreign outstanding artists, scientists and sportsman and the current amnesty and refuge programs having to do with refugees and displaced persons worldwide who live in dangerous situations shall remain in effect unchanged.

3. NEW IMMIGRATION SYSTEM - The current so-called “Green Card“system shall be replaced by a two tier system. Tier One shall be a temporary residence permit which shall permit a new immigrant (all categories) to work and obtain a driver's licenses but will not be eligible for governmental benefits for which current Green Card holders are eligible. Since they will not be classified as permanent residents, it is believed that this can be legally done. They will not receive social security cards but instead will receive a special temporary residence ID number which they will use to file income tax returns and for personal identification purposes. 

After a certain number of years (five years is suggested), they would be eligible to apply for Tier Two, the permanent residence status, which would be the equivalent of the current Green Card. To obtain this status, the immigrant would have to prove that he or she (or a spouse) has been gainfully employed for a minimum time (to be determined), has paid taxes and has not received an Earned Income Tax Credit at any time. Obviously standards of good character must also be met. Any person who does not meet the new Green Card criteria will be subject to deportation.

At such time as a Tier One legal resident is granted permanent residency, he or she shall be issued a social security number and his or her social security account shall receive retroactive credits for all employment from the date of original legal entry into the United States. 

4.  CURRENT ILLEGAL IMMIGRANT PROBLEM(s) -   Illegal immigrants who meet the standards of good character would be eligible for a five year temporary residence permit which could be renewed for successive five year period provided he or she has been gainfully employed for not less than 30 of the previous 60 months and has continued to meet standards of good character. However, they would not be eligible for permanent residency under any circumstances. If an illegal immigrant applies for temporary resident status and is rejected, the immigrant and all members of the family (if they are also illegal immigrants) would be deported. 

Illegal immigrants who fail to come forward to request a temporary residence permit within a reasonable time will be subject to deportation.

A sovereign nation must be able to control its borders. Our Southern border (and our Northern border should it ever become necessary) must be protected from illegal immigration and we must take all steps to accomplish this. Whatever the cost may be it is dwarfed by the economic and social cost to this country of massive illegal immigration and it is ridiculous to claim that America is incapable of protecting its own border.  

We must do whatever needs to be done. Finish the fence, have armed border patrols at the border and employ drones where necessary. Have every illegal immigrant regardless of age turned back or immediately brought back across the border. Obtain Mexico’s active cooperation and help. If Mexico refuses to cooperate, there are a number of things which we can do to encourage their cooperation which will not damage the American economy such as prohibiting all money transfers from America to Mexico. If Israel can control its border, so can we. 

A large portion of illegal immigration results from overstaying visas. This situation would be alleviated by both passing and enforcing severe monetary penalties for overstaying visas and in extreme cases providing for jail sentences. 

Employers should face severe penalties for employing illegal immigrants which would be enforced. We already have a system in place that requires all employers to check legal status and we have an e-verify program which has not been effectively employed. Enforce the law that the current Administration refuses to enforce and in a very short time employers will comply.

Libertarians frequently argue that employers should not be required to enforce immigration laws. That is a spurious argument. Employers are routinely required to enforce a variety of employment related laws including withholding and social security requirements. To require proof of legal work status and to notify federal authorities is, if anything, less burdensome.

A special category of illegal immigrants should be established who should be immediately taken into custody and either imprisoned and/or deported. These would include any individual who has committed a misdemeanor or felony of any type and any member of a gang, especially members of the notorious Salvadoran M-13 gang.

Principle architects:

Don Ochacher, attorney-at-law, lifetime libertarian, and

Leon Weinstein, author, Chair Media Committee, Libertarian Party of California.

 

The following members of the Libertarian Party advised, provided critique, suggestions or worked on this proposal:

Dr. Lee Welter

Don Cicchetti

Gail K Lightfoot

Jose Ivan Vargas, Esq.

Please direct your inquiries to

Leon Weinstein

Leon.weinstein@gmail.com