Guest Commentary: Realistic Immigration Reform Is Up To The Democrats by Monty Berns

Contrary to many I am of the opinion that the ‘Grand Compromise’ immigration bill actually lives up to its name. And with some adjustments it will be the best chance over the next decade to reform our immigration system. The problem is that those on the far left and the far right do not understand or refuse to accept the political, social, economic & humanitarian realities of modern day America. So, in order to honestly reform our immigration system, we need to highlight these realities.

The most glaring and obvious reality is that our country is governed by a 2 party system. This means that only a bipartisan compromise will result in immigration reform. Democrats must realize that Republicans will not support any bill that allows for extended chain migration nor one that advocates a guest worker program that would lead to permanent residency and citizenship. Most importantly Republicans & most Americans demand a merit -based system. Advocating the continuation of our current family based system, however laudable this might be, is futile. Even with a Democrat as president these realities will remain for the foreseeable future. This is why compromise is so important.

The bill’s elimination of extended family visas is a necessary compromise. In my opinion some articles I have read emphasizing the value of extended family are inaccurate. In the 21st century the vast majority of adult siblings live totally separate lives, most often in different geographic locations. As far as the elimination of these visas are concerned the only workable additional compromise I can envision would be to increase the eligibility age for adult unmarried children. In any case anyone who is familiar with our current immigration system must know that it would take a minimum of 10 years, most likely far longer, for a sibling or adult child to get a visa! This bill, in fact, eliminates decades of backlogged family applications in an 5-year period.

I also find it amusing that those rallying against a merit-based system do not realize that our current system is pretty much a de facto merit based system. Besides family based visas only those with advanced degrees can get visas that would lead to permanent U.S. residency. As I have already stated almost all Republicans and the majority of Americans approve of a merit based system. It is a shame that a mixture of security fears and economic concerns have created this reality. But with declining middle class wages, principally due to globalization, immigrants have become a convenient scapegoat for the current economic situation of the average American. There is a widespread feeling that low or mid skilled immigrants depress the wages of Americans and are an economic drain to the country. However accurate the arguments that prove the contrary its a fact that our middle class is shrinking. Our workers are being outsourced to the lowest bidder and until 21st century skills are widely adopted for this global economy, middle class wages will continue to shrink and the prevailing consensus towards immigration will remain. Unfortunately this process might take decades so it is crucial to realize that any successful immigration reform will be a shift towards a merit-based system. The ‘Grand Compromise’ bill addresses this prevailing concern but also maintains the importance of family immigration. Under the bill a point system will be adopted but family based visas will still comprise the majority of visas issued.

This does not mean that the merit-based system as it is outlined in the bill shouldn’t be amended. The most important change must be to create a realistic path to permanent residency and citizenship for those immigrants who get a Z visa. Adherence to the point system for this group would mean that the majority would never gain permanent status. So the point system needs to include provisions for Z visa holders who wish to become permanent residents and eventually citizens. Another possible further compromise would be to increase the points awarded to those immigrants who have family living in the U.S. This would help make up for the elimination of the extended family visa categories. But any further or more drastic changes would jeopardize the bill.

Another major point of contention is the guest worker program. The prevailing feeling among Republicans and most Americans is that any guest worker program should be temporary. There is no way that Republicans will agree to any immigration reform that offers a path to permanent residency or citizenship for guest workers. This is a political reality so two options are left for the democrats – either scrap the guest worker program or accept the temporary nature of the work that the program offers. I have pondered over this aspect of the immigration bill and come to the realization that a guest worker program, if properly administered, will be beneficial to the U.S. as well as those foreign workers and their home countries. I have heard the arguments that this program will create an underclass of workers and depress wages but this type of reasoning ignores all social and economic realities. A guest worker program would address our urgent labor concerns and provide many with the opportunity to support their families back home. Substantial money and labor would also flow back to those countries most in need of these resources. These guest workers would mainly work in industries in which Americans are not willing to work so such a program will not depress wages as many claim. And since these workers will be legal it will easier to ensure that they are protected – a minimum wage and other provisions will make sure these people are not exploited. Any suggestion that such a program is not beneficial is nothing less than liberal idealism.

I also cannot understand those who suggest that such a program will lead to another huge population of illegal immigrants. The 86 amnesty did not create adequate workplace enforcement measures and did not enact any fool proof identification system. This bill ensures that only legal workers will be able to work in the U.S. and without the possibility of work there will be no illegal immigration. Post 1986 there was no major demand for enforcement. The government turned a blind eye and to a large extent the public simply did not care. Well in 2007 we are faced with a completely different economic and social reality…the overwhelming majority of Americans demand workplace enforcement and better border security and the government is prepared to deal with this fact. So that dishonest far right argument that the government will not enforce the law does not hold water. Particularly infuriating are those who suggest that since the 86 immigration reform was unsuccessful we are not capable of enacting effective comprehensive immigration policy. Thank god those at Nasa did not give up on our space program after the Apollo 1 disaster.

The last reality that needs to be addressed is that of our existing 12 million undocumented immigrants. The fact is that the overwhelming majority of undocumented workers crossed the border with the sole intention of providing for their families and seeking a better life for their children. Any person who claims they would not break such a law to provide for their children is totally blinded by privilege or not telling the truth. Many of these undocumented immigrants have been living in the U.S. for years and already established deep roots. So loss of employment or deportation would be catastrophic. The ‘Grand Compromise’ bill takes these facts into consideration and clearly recognizes, as do most Americans, that deportation for people who have lived here for years is NOT an appropriate or fair punishment nor is it a practical solution. The grand compromise actually allows most undocumented immigrants who arrived in the U.S. prior to Jan 1st 07 to obtain a Z visa. Democrats should be willing, if necessary, to compromise on this provision as it is a fact that many moderate Republicans and even some Democrats consider this excessively liberal. So by limiting Z visas to people who have been living in the U.S. for at least 4 years as Senator Webb has proposed would create a much broader appeal for any comprehensive reform. Perhaps those who have been in the U.S. for between 1-4 years can be offered an alternative, longer and more punitive route to legalization.

So the fate of immigration reform and the lives of millions of undocumented workers is largely up to the Democrats. In the face of increasing anti immigrant local ordinances and elevated raids and deportations it is clear that these undocumented immigrants face a growing humanitarian crisis. The status quo is absolutely unacceptable and is nothing more than an endorsement of this existing crisis. Unfortunately some Democrats realize that, contrary to what those on the far right believe, denying a path to legalization for our existing undocumented is political suicide for the Republican Party. Already Hispanics are registering as Democrats in increasing numbers largely due to the stance on immigration of the far right wing of the Republican Party. So these Democratic senators are playing politics. But standing on the sideline, while the lives of millions are in the balance, and watching the GOP implode is reprehensible (Harry Reid take note). Even with a Democrat as president and majorities in both the House and Senate we will still be a 2 party system for the foreseeable future so any immigration reform must be bipartisan. The fact is that the ‘Grand Compromise’ is substantially better than the status quo and addresses our most urgent concerns. This is the time for pragmatism and not political idealism – this bill is as good as it gets for many years to come. So, especially for all those undocumented immigrants, now is the time to demand that the ‘Grand Compromise’ is immediately returned to the Senate floor. And hopefully reasonable leaders from both sides can iron out the kinks and get this bill passed.