The Dignity Act represents an opportunity for this Congress and the Trump administration to accomplish something that has eluded their predecessors for decades. At long last, they can restore the rule of law to the governance of immigration.
The absence of the rule of law is at the root of the myriad chronic pathologies associated with illegal immigration. Corruption and exploitation metastasize in the space between law and enforcement. With respect to immigration policy, that space has been cavernous for decades.
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Ostensibly to remedy this failure, the Trump administration has focused on the enforcement of existing law. These efforts have resulted in a secure border and increased deportations of immigrants here illegally. However, as immigration enforcement has grown increasingly aggressive, shifting from a focus on those with criminal histories to those who are merely in the country to work and raise their families, popular support has begun to wane.
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Ironically, this commitment on the part of the Trump administration to enforce immigration law rigorously has made evident the reasons why it must be changed. The existing law is no longer consistent with either the sensibilities of the people or with the realities of the American economy.
To have sustainable enforcement of immigration policy that endures across subsequent congresses and administrations, it is necessary to reform the law.
The Dignity Act offers a blueprint for legislation that is responsive to the needs of security and economic interests. It strengthens border security and increases penalties for both illegal entry and for employing illegal labor. It also reforms guest worker programs, reforms legal immigration, and provides a conditions-based means for many of those illegally in the country to acquire legal status. There is no path to citizenship offered for any of those here illegally, with one exception: There is a carve-out for “Dreamers” (people who were illegally brought to this country as young children).
Many who oppose this legislation invoke some variation of the same mantra: no amnesty. Their argument is straightforward: Everyone here illegally broke the law, and the punishment, according to existing law, is deportation.
This is correct, of course. The penalty for illegal immigration is deportation. Why then have so many chosen to cross the border illicitly, often risking their lives on a long and arduous journey?
The answer is because this nation enticed them to do so.
Despite decades of strident rhetoric from politicians and pundits about border enforcement, the real message those crossing illegally have received from our country has been welcoming: “We have work for you. Just get across the border, and you will be fine.” These laborers have been in demand largely because employers know they will show up every day and work very hard. Not coincidentally, enforcement of laws governing the employment of illegal labor has conveniently been lax and inconsistent.
The same immigration law that justifies mass deportation also specifies civil and criminal penalties for those who employ illegal laborers. I would ask those who oppose any form of amnesty: Where is your corresponding zeal to ensure that everyone who has ever employed illegal laborers is prosecuted to the fullest extent of the law?
Certainly, illegal immigrants are responsible for their own choices, and they chose to break our laws. But it is a bit rich to expect people who are desperate to improve life for themselves and their families to have more respect for our laws than the Americans who benefited from their labor.
Granting legal status without the possibility of citizenship to those deemed eligible strikes me as a reasonable solution. Call it amnesty if you wish. We owe them some recompense for dangling the carrot all these years.
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Regardless of how the issue of legal status is ultimately resolved, the Dignity Act should be considered in good faith. There are legitimate critiques of the legislation that go beyond the reflexive invocation of the amnesty shibboleth. These issues should be debated. There is room within the framework of the bill for consensus-building. Let us not allow ill-considered objections or political gamesmanship to smother it in the cradle.
If we want a sustainable solution for immigration policy that is durable across the inevitable political cycles of our government, we need a robust, rational, and responsive immigration law that can generate broad public support. The Dignity Act represents a framework for just such a policy.
Gary L Brown is a civil engineer. He lives in Jackson, Mississippi.
