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Law and Borders
The Weekly Standard ^ | 2/28/2005 | Tamar Jacoby

Posted on 02/23/2005 5:15:25 AM PST by Luis Gonzalez

Douglas, Arizona
LEE MORGAN'S SMALL, spare office has the somber feel of a personal shrine. A Vietnam veteran with 30 years' experience in the immigration and customs services, Morgan does undercover and investigative work on the Arizona border, now the gateway of choice for illegal immigrants entering the United States from the south. Everything in his lair in the dusty frontier town of Douglas speaks to his patriotism and dedication: his Bronze Star, his Purple Heart, the three folded American flags--comrades' commemorative flags--and proud photos of his fondest undercover busts. Like everyone who works on the border, he has had a new assignment since 9/11. The twin fights against illegal immigration and drugs, though not forgotten, have been subordinated to a new preoccupation--terrorism. But, tough and determined though he is, Morgan is far from confident that he can hold the line.

Every day last year, the immigration service apprehended some 1,400 illegal immigrants trying to cross into Arizona. Over 12 months, along the whole southern border, the total number arrested was more than a million. Morgan has seen too much in life to be anything but candid, and although it's his job to help catch these unauthorized migrants, he criticizes the apprehensions as a waste of time and resources. "They're just poor people trying to feed their families," he shrugs. But that doesn't mean he isn't concerned--very concerned. The main issue in his eyes: the distraction the immigrant influx creates. "What if another 9/11 happens and I'm responsible?" he asks. "What if the

bastards come across here in Arizona and I don't catch them because I'm so busy chasing a busboy or a gardener that I don't have time to do my job--my real job--catching terrorists? I don't know how I'll live with myself."

Morgan's personal nightmare is one urgent reason why all Americans, no matter what their politics, should support President Bush's plan to retake control of our southern border. The White House proposal, introduced in early 2004 and allowed to drop from sight during the election year, is back on the table. The president laid out his ideas again in the State of the Union and is reportedly planning a major initiative to take the issue to the public later this spring.

Republicans are no less divided this year than last, and the White House has been working overtime to finesse those divisions. In early February it shrewdly avoided a confrontation in the House by backing a package of tough enforcement measures that many had expected would expose a rift between the president and less immigrant-friendly Republicans. Instead, the administration and its allies cast the "REAL ID Act"--the brainchild of powerful Judiciary Committee chairman James Sensenbrenner--as a first step toward the broader reform they seek, helping the measure pass by a healthy margin. But this will hardly end the discord in Republican ranks, and a major showdown is sure to come, both in Congress and, more broadly, among conservatives across the country.

The Bush plan has two key components: a guest worker program and a transitional measure that would allow illegal immigrants already here and working to earn their way onto the right side of the law and participate legally in the U.S. labor market. Conservative critics lambaste both elements, not just as bad policy, but as inherently un-conservative--out of keeping with core principles and detrimental to Republican interests. The impulse behind the challenge is understandable. Conservative criteria are different: not just security, but the rule of law, traditional values, and national cohesion--not to mention the interests of the GOP. It's also true that the president often touts his proposal in terms designed to appeal across the political spectrum. He talks about "compassion" and a desire to reward "goodhearted" workers, and sometimes this emphasis obscures the hardheaded, conservative case for his approach--a case that begins but does not end with America's economic interests. In reality, though, demonized as it has been on the right, the Bush plan meets every conceivable conservative criterion--with flying colors.THE PRESIDENT'S REPUBLICAN OPPONENTS often put their case as a rhetorical question--"What part of 'illegal' don't you understand?"--and the gibe hits home, not necessarily because of what it says about the Bush solution, but because it so accurately diagnoses what's wrong with the existing system. Our immigration system is indeed based on illegality--on a long-standing and all but deliberate mismatch between the size of our yearly quotas and the actual needs of our labor market, particularly at the lower reaches of the job ladder. This mismatch has often been convenient for employers--it provides a docile, disposable foreign labor force--and it has been the norm in agriculture off and on for nearly a hundred years. But in recent decades, new technologies have spurred demand for low-skilled workers in a wide range of other sectors as well, and the public, quite understandably, is beginning to find the hypocrisy intolerable.

As the president's critics understand, this is a large part of what is driving voters' concerns about immigration. People don't like the idea of 10 to 12 million illegal immigrants living in the United States but outside the law. They're appalled that entire American industries--not just agriculture, but hospitality, food processing, construction--operate on the wrong side of the rules, relying on the black market to find the labor they need just to keep their businesses open. The very idea of this second, illegal America is an affront, its practical consequences even more troubling: not just criminal syndicates that thrive on lawlessness, but also the haven it

creates for potential terrorists. And the public is right: If routine illegality is the price of immigration, it's too high a price to pay--even if the newcomers are good for the economy.

So the critics' diagnosis is not far from the mark. But the question is what to do about this other, illegal America--and the fact is that the president has the best idea, arguably the only idea that can possibly work. Many of his critics believe that the answer is to turn off the immigrant influx. We should, they say, make the necessary economic adjustments and do without the imported labor. It's an option; with enough resources, we probably could stop the flow. But are the American people prepared for the changes that would come with that decision? The likely economic sacrifice is incalculable: not just a few extra pennies on the cost of lettuce, but forfeited growth all across the economy, on a vast scale. In many industries today, growth depends on foreign laborers, who filled one in every two new jobs created in recent years. Then there would be the cost of enforcement--a cost in dollars but also in the way we live. Just ask experienced agents like Lee Morgan: Cutting off illegal immigration would require thousands more men on the border, routine sweeps in every city, roadblocks, roundups, massive deportations, a national ID card, and more.

The president has a better solution. He proposes that we face up to the reality of our growing demand for labor, skilled and unskilled. His outline is still just that--an outline--and he is likely to leave it to Congress to fill in the details: to devise a way to match foreign workers with American employers, to make sure American laborers aren't undercut in the process, to design a method for monitoring employers and punishing those who don't comply, and so on. But the White House has nailed down the all-important central principle: If we raise our quotas to make them more commensurate with the existing flow of foreign workers, we can reap the benefits of immigration without the illegality that currently comes with it.

A new, more realistic policy would be much easier to enforce. The best analogy is Prohibition: Unrealistic law is extremely difficult to make stick. Realistic limits are another thing entirely. We can have robust immigration and the rule of law too--if, instead of wishing away the influx, we acknowledge reality, then find a smarter, more practical way to manage it. And that is exactly what the president proposes we do through his guest worker program. The idea is not to expand the total number of immigrants who enter the country each year, merely to provide those who are coming anyway--and would otherwise come illegally--with a safe, orderly, legal route. Assuming it works--assuming, as the White House does, that once most jobs are filled by authorized immigrants, there will be little incentive for others to come illegally--it's a simple, pragmatic solution, and that in itself should recommend it to conservatives.

EVEN MORE IMPORTANT would be the dividends for national security. Hundreds of thousands of foreigners enter the country each year without benefit of background checks or security controls of any kind. Then, once in the United States, they cluster in transient, underground communities, as often as not beyond the reach of the law. The president understands that we must come to grips with these potential terrorist havens, eliminating not just the illegal arrivals but also the illicit population that has accumulated here in recent decades. That's why he has included a provision that would allow unauthorized migrants to come in out of the shadows and get visas. Though mocked as a spineless, soft-hearted giveaway, this part of the plan too is driven by our needs--our security needs.

Under the Bush plan, foreigners seeking to disguise their identities would no longer find fake ID cards readily available on street corners in every American city. The Department of Homeland Security would have a much better grasp of who is here and what their names are and where to look for them if they turn up on an international watch list. Agents like Lee Morgan would be able to get back to their real jobs: tracking criminals and terrorists, not farmhands and busboys. And all this could be achieved without a draconian crackdown of the kind we would need were we to enforce the quotas we have, let alone close the border. Far simpler to bring the law back into line with market reality, then implement the new rules with modest, commonsense enforcement measures of the sort we rely on in every other realm of American life.

But isn't what the critics say true--isn't the president's plan in fact an amnesty? Not necessarily. It depends how it's done. Illegal immigrants should not be forgiven for breaking the rules; they should be offered an opportunity to earn their way back onto the right side of the law. Think of it as probation--that all-American idea, a second chance. The president is unequivocal: Unauthorized workers will not be permitted to jump the queue ahead of legal applicants waiting patiently for visas back in their home countries. And Congress should add other conditions. Those already in the country illegally should be required to pay a penalty; they should have to wait just as long as other applicants for full legal status. While they're waiting, they should be required to fulfill a variety of additional obligations: hold a job, pay taxes, abide by the law, take English classes, and demonstrate their commitment to American values. Once they've met these terms, it might even make sense to require them to go home to pick up their visas.

The vetting alone is sure to be a huge job, and it will have to be done with the utmost care on the part of law enforcement. But the truth is there's no other realistic way to eliminate the vast illegal world these immigrants inhabit: no other way to clear the ground in order to build for the future with a realistic, legal system of the kind the president envisions. After all, we as a nation aren't going to deport 10 to 12 million foreigners. However much they dislike the idea of illegal immigration, the American people aren't likely to have the stomach for that. Nor would it ultimately be in our interest. Surely it makes more sense to retain these trained, already assimilating workers than it does to send them home and start over with people who know nothing of the United States or its ways.

DOES THIS MEAN it may be possible to bridge the gap between the president and his conservative critics? Well, yes and no. The critics are right about many things. Our current "nudge, nudge, wink, wink" policy is unacceptable. The erosion of the rule of law cannot continue. We must secure our borders against terrorists. The critics are also right to be worried about the costs that even legal immigrants impose on social services--primarily schools and hospitals--in the communities where they settle. Any overhaul of the immigration system must deal with those costs, and it ought to include a set of provisions, both carrots and sticks, to encourage assimilation. About all of that, there can be no doubt. The only catch: Just think a minute about this list of concerns. In fact, what the critics find intolerable is not the president's plan; it's the status quo.

The Bush package acknowledges the critics' concerns and attempts to address them with realistic solutions. It's designed to serve America's economic interest. It's our only hope of ending the hypocrisy that undermines our law enforcement. It's the best way to restore the rule of law in our workplaces and enhance security on the border. Issues of assimilation and local service costs are among the practical matters still to be thought through--on the table for Congress to tackle as it writes the legislation to implement the president's plan. But surely eliminating the barriers that now prevent 10 to 12 million U.S. residents from participating in the body politic and requiring them to pay their full freight in taxes would be a good start on both problems. And this can be accompanied by other, more proactive strategies like mandatory health savings accounts for guest workers and incentives for employers to offer them English classes.

Where the critics are most wrong--where they seem most shrewd but are ultimately the most misguided--is in their view of the politics of immigration. Here, too, they see the symptoms accurately enough. Americans are frustrated and angry. They know the system is broken; they want change. Uncertainty about just how to effect that change is driving a wedge into the Republican party, dividing the president from his conservative base in Congress and at the grassroots. And if the system isn't fixed, it could create a dangerous opening for Democrats: an opportunity for Democratic immigration hawks to outflank Republicans, not just on law and order, but even more devastatingly on security. All of this is true--and scary. But the answer isn't to block reform. The antidote is to deliver a remedy, as the White House proposes.

The president isn't misreading public opinion. If anything, he reads it better than his critics do. Most Americans aren't anti-immigrant. As poll after poll shows, what they want is to regain control--of both the border and the underground economy. The paradox at the heart of the Bush plan makes it a little hard to explain to voters. The president is promising to regain control by means of a more generous and welcoming approach to immigration. But that doesn't change the underlying truth: The Bush plan is the only way to restore the rule of law, either on the border or in our communities. It's the best answer to the critics' complaints, the only answer to the illegality that plagues us. And surely--no matter what the skeptics say--it can't be political suicide to give voters a solution to one of the problems that frightens and disturbs them most.


TOPICS: Constitution/Conservatism; Editorial; Government; News/Current Events
KEYWORDS: aliens; bush43; hispanderalert; immigration; immigrationplan; racebaitersgalore
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To: bayourod
"Welfare isn't what America is about at all. It's about freedom and liberty. It isn't about military troops going door to door asking for "papers". It isn't about government forcing employers to pay exorbitant wages to labor union thugs."

America isn't about subsidizing cheap labor, either. If someone can't afford to stay in business without the taxpayer picking up the slack, they should go out of business.

161 posted on 02/23/2005 11:36:17 AM PST by monkeywrench
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To: jmc813; Dane; Jim Robinson

No less appropriate than claiming those who don't parrot a certain line are for "open borders" or hire illegal immigrants. Look at the folks who defend, of all sites, VDARE.

In any case, that decision is up to Jim Robinson and the moderators, not me. They handled his comment. I won't second-guess them.


162 posted on 02/23/2005 11:36:35 AM PST by hchutch (A pro-artificial turf, pro-designated hitter baseball fan.)
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To: hchutch
"Do you know how many employers were convicted for hiring illegal immigrants?"

I'll bite. How many?

"Juries to date have rarely convicted."

Is there a source for court cases? I assume you know. Please provide links.

163 posted on 02/23/2005 11:38:47 AM PST by monkeywrench
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To: Dane

Do you think I'm trying to scare you by calling you a FROBL?

Is that the only part of my post you read or understood?

Free Republic Open Borders Lobby seems to describe about four or five posters that cannot or will not distinguish between illegal and legal immigrants for some reason.


164 posted on 02/23/2005 11:41:49 AM PST by antisocial (Texas SCV - Deo Vindice)
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To: hchutch
"......maybe we don't believe in trading our liberties for the promise of security?"

How, exactly, would placing the National Guard at the borders and cutting off all (welfare) benefits to illegal aliens be infringing on our liberties?

165 posted on 02/23/2005 11:42:38 AM PST by Mr. Mojo
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To: hchutch
No less appropriate than claiming those who don't parrot a certain line are for "open borders" or hire illegal immigrants.

In other words, you agree with me that stupid comments come out of both factions.

166 posted on 02/23/2005 11:43:18 AM PST by jmc813 (Fiesta in the making at the Moontower)
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To: jmc813; hchutch
Gee, JMC, I thought it was proper FR etiquette to ping a Freeper if they are mentioned in a reply.

Your negligence in doing so, shows to me you are doing what you are beating your chest against, cheap political rhetoric.

As for my david duke comment, JMO, I do believe that some of the most strident posters on the immigration issue, hold david duke in high regard.

167 posted on 02/23/2005 11:43:35 AM PST by Dane ( anyone who believes hillary would do something to stop illegal immigration is believing gibberish)
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To: hchutch
"Are you surprised we can call things as we see it, too, and take stands ourselves? That maybe we don't believe in trading our liberties for the promise of security?"

As mentioned already, FR is indeed a forum. A forum of opinion, at which others are free to assess that opinion critically.

There are those of you who are too readily willing to abdicate America's right to enforce -- by WHATEVER means -- it's sovereignty.

Your belief that the U.S. is "trading our liberties [National ID Card, governmental internet access, etc.] for the promise of security" is directly attributed to the President's unwillingness to deport illegal invaders and prioritize border enforcement as a "solution."

This is NOT rocket science.

168 posted on 02/23/2005 11:44:57 AM PST by F16Fighter
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To: Dane
Gee, JMC, I thought it was proper FR etiquette to ping a Freeper if they are mentioned in a reply.

Dude, you're here on this thread. If you weren't I'd have pinged ya.

As for my david duke comment, JMO, I do believe that some of the most strident posters on the immigration issue, hold david duke in high regard.

Your opinion is gay.

169 posted on 02/23/2005 11:45:04 AM PST by jmc813 (Fiesta in the making at the Moontower)
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To: jmc813; hchutch
"Do you feel Dane's rhetoric about FReepers "tearing down their David Duke posters" was appropriate?

"No less appropriate than claiming those who don't parrot a certain line are for 'open borders' or hire illegal immigrants."

BAWAAAAHA!!!

Where have we heard this kind of absurd equivocation??

Lol, case closed.

170 posted on 02/23/2005 11:49:10 AM PST by F16Fighter
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To: antisocial; Travis McGee
Free Republic Open Borders Lobby seems to describe about four or five posters that cannot or will not distinguish between illegal and legal immigrants for some reason.

Uh no, Free Republic Open Borders Lobby(FROBL for short), is used to try to intimidate(kinda of like of what liberal democrats do to try to smear people, IMO ), sorry but please tell the person who coined the term, Travis McGee, it ain't going to work.

171 posted on 02/23/2005 11:52:22 AM PST by Dane ( anyone who believes hillary would do something to stop illegal immigration is believing gibberish)
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To: jmc813
Your opinion is gay

Takes one to know one, and you seem to have all the knowledge on that subject.

172 posted on 02/23/2005 11:54:03 AM PST by Dane ( anyone who believes hillary would do something to stop illegal immigration is believing gibberish)
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To: JustAnotherSavage
"POLL: Should President Bush Grant Amnesty to Illegal Aliens?

Results: 2/21/05

Yes: (123,454) 2%

No: (6,169,823) 98%

Not to worry. It won't be called "Amnesty."

The Administration's hyper-gymnastic semantic think-tank olympians will come up with a beauty.

173 posted on 02/23/2005 11:55:02 AM PST by F16Fighter
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To: Dane

Too late.


174 posted on 02/23/2005 11:56:02 AM PST by spectre (Spectre's wife)
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To: Dane

You're cute.


175 posted on 02/23/2005 11:56:22 AM PST by jmc813 (Fiesta in the making at the Moontower)
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To: F16Fighter
would we and the GOP ever accept this "solution" from a Democratic President??

The answer is a resounding NO, of course.

....nor would many on the BOT plantation be accepting of the numerous other "compassionate" / big spending / big gov't "solutions" of this current (veto-less wonder) President had they come from a Rat Prez. In fact, most would (justifiably) be calling many of his actions (and non-actions) "treasonous."

176 posted on 02/23/2005 11:57:04 AM PST by Mr. Mojo
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To: Dane

Just the kind of shallow thinking remark I'e come to expect from another illegal cheerleader. FYI, I've had my own business for over 20 yrs. and during that time I've heard all the free trade BS over and over while at the same time seeing whole industries mfg. evaporate in this country (including high tech mfg.) along with huge trade deficits (costing us even more jobs) and an explosion of personal, corporate and fedgov debt. These are hardly signs of a vibrant economy, rather when you factor in billions to care and feed your illegal buddies, rampant TAX EVASION by those hiring illegals, porous borders resulting in untold #'s of Americans being raped, robbed, murdered, etc. I'm quite comfortable with my position.

By the way, why not get your resume over to the Politburo, I hear there's an opening for another American "useful idiot" and you seem qualified.


177 posted on 02/23/2005 11:59:06 AM PST by american spirit
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To: monkeywrench; Poohbah

Poohbah has explained that in the past.

But, the answer is none to his knowledge.
http://www.freerepublic.com/focus/f-news/1330050/posts?page=81#81

http://www.freerepublic.com/focus/f-news/1330050/posts?page=61#61

http://www.freerepublic.com/focus/f-news/1317716/posts?page=160#160

http://www.freerepublic.com/focus/f-news/1305086/posts?page=711#711

http://www.freerepublic.com/focus/f-news/1305086/posts?page=510#510

That is five of the places he has explained it.

IIRC, he got it from someone in the U.S. Attorney's office who was handling the cases. And that was not the only case. At that point, all we are doing is having law enforcement harass businesses. I want my tax dollars spent better.

We passed a bad law that people DO NOT SUPPORT (a safe assumption when juries ROUTINELY nullify the law by acquitting defendants). And they didn't acquit because the penalties weren't harsh enough.


178 posted on 02/23/2005 11:59:06 AM PST by hchutch (A pro-artificial turf, pro-designated hitter baseball fan.)
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To: monkeywrench
"If someone can't afford to stay in business without the taxpayer picking up the slack"

Working class taxpayers only pay a small percent of the taxes. The vast majority of taxes are paid by corporations and their wealthy owners.

Without employees there are no employers paying the taxes that support the schools your children go to. It's one big economy and the key is an adequate productive labor force, and that means immigrant laborers to replace the 41 million citizens who were aborted.

Even with all legal and illegal immigrants, our population only grew 1% last year.

Those immigrant children you are complaining about being in our schools will grow up to pay your social security and fight your wars. You should be wanting them to get the best possible education.

179 posted on 02/23/2005 12:06:13 PM PST by bayourod (Unless we get over 40% of the Hispanic vote in 2008, President Hillary will take all your guns away.)
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To: hchutch

None of those links prove your and pooh's oft repeated contention that "juries routinely refuse to convict". Try again. I thought you were talking about Tyson or something. Not some obscure case in california, of all places, way back when clinton was still in office.


180 posted on 02/23/2005 12:07:46 PM PST by monkeywrench
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