We Need A Red Card-Six Years Later

A loyal BeeLine reader reached out to me and told me he thought my recent blog post on illegal immigration was incomplete. He did not disagree with what I wrote but pointed out that the reality is that many jobs in the United States would go unfilled if immigrants were not here to take those jobs.

He argued that most Americans were simply unwilling to do the jobs that are now filled by many legal (and illegal) immigrants. Too many native born Americans simply would rather live off of public assistance than get their hands dirty at a job they considered beneath their status.

This is undoubtedly true for too many Americans. However, in my view, this is only the case because the incentives are not aligned properly. The public assistance is too rich and the going wages for work are too low. People do what is in their self-interest. If this is what is occurring we have created a system that gives us this result.

That being said, I have long been on record as favoring comprehensive immigration reform. The system I favor is one in which we provide legal immigration status to those who can, above all else, contribute something to our economy and society.

Those that are permitted to come to the United States should not be principally determined by family ties or a lottery. It should be determined by who can contribute to making America better and stronger.

Most everyone who migrates to the United States (legally and illegally) has done so in search of opportunity---for themselves and their family. We need to insure that they also make us better as well.

The other reality is that we have anywhere from 11 million to 22 million illegal immigrants in the United States today. I have no problem with these people remaining in the country as long as they are law abiding and they are contributing economically to our society.

Most are hard-working people who would leave us weaker economically if they were deported.

We need a system that recognizes this. That should include some provision for a guest worker program that allows for an immigrant to work in the United States permanently but does not allow the worker to be eligible for any of the benefits of a green card, or ultimately, citizenship.

However, no immigration system of the future will work unless illegal immigration is brought under control and we have a secure border. If this is not done, there is nothing that will work. In fact, if we were to do something similar to what I suggest below we would actually make things far worse if the border was not secure and we enforced the law like we do now.

We have already learned that lesson by the total failure of the 1986 effort at immigration reform during the Reagan administration. We simply cannot do that again.

That is why there can be no amnesty and any violations of the law going forward have to be such that most will think of the punishments I suggest are draconian. There is no other way if there is to be a common sense solution to this problem.

This problem is not going to get solved by ignoring it, trying to demonize Donald Trump or allowing the federal shutdown to continue solely because some don't want Trump to get even a token sum for a wall. A wall that almost every Democrat was for, before they were against it.

We need common sense. A commodity that is very rare these days in Washington, D.C.

This is a common sense proposal. This recognizes the way the world works. This recognizes the incentives and disincentives that drive people's behavior.

Here is what I wrote almost six years ago. It is as true today as it was when I first proposed it six years ago. What is sad is the problem is much worse today and yet we seem even further way from a solution.


Do We Need A Red Card And A Green Card?
(originally published June 17, 2013) ( edited for length and clarity)

I have long been in favor of some form of immigration reform.  There is little question that our current immigration laws have not been effective and are in need of reform.  The United States is a nation of immigrants and it needs a rational, practical, balanced and equitable set of immigration laws for the 21st Century.

The most explosive issue in the immigration debate, especially among conservatives, involves amnesty.  Simply stated, are we going to allow people who violated our laws by entering our country illegally the rights and privileges of legalized status?

What about the millions of people who want to come to our country, obeyed the law and have waited patiently in line for their turn?  For example, in 2012 there were almost 15 million people who applied for the green card diversity lottery for just 50,000 openings hoping to come to the United States from underrepresented countries!  How is it fair and equitable to reward those who broke the law and deny others who play by the rules?  More importantly, what precedent does that establish for the future?

After all, we have already been down this road once before in 1986 when 3 million undocumented immigrants were granted amnesty and provided legal status in this country.  How has that worked out?  Not real well. We now have at least 11 million undocumented immigrants.  It is also estimated that those 11 million have another 4.5 million children that were born in this country.

If we were to enforce the law it is clear that those 11 million should be required to pack up and return to their home countries.  However, the practical reality is that is not going to happen. This is particularly true in light of the parents who have minor children that were born in this country and are legal citizens under the law. The Democrats therefore argue that we should legalize all of these undocumented aliens, since they are here and they are not going anywhere, and get them on the path to citizenship with a green card.

The green card is the term used to signify an individual that has been granted permanent residence in the United States.  The general rule is that someone with a green card can apply for citizenship after five years. In my mind there is no way that this existing legal grant of residency should be granted to anyone who entered this country illegally.

However, we also must recognize the practical reality that the undocumented illegal immigrants are not going home and it is to everyone's benefit that they come out of the shadows and have some status under the law.

My solution is to create what I call the "Red Card".  Of course, this assumes that the border is secure and we don't have to worry about doing this all over again. Nothing is going to work if we don't prevent future illegal immigration.  We will be an even worse position in another ten years.

The Red Card would be available to anyone who is in the country currently that does not have proper documentation. Application for the card would have to be made within 90 days of the enactment of the law.  Holders of the Red Card would be granted conditional residency as long as they were gainfully employed and contributing to the economy of the United States.  After all, we should encourage people who want to work and contribute to our society in a positive manner. The Red Card would permit the individual to stay in the United States as long as they remained employed, paid all taxes and committed no crimes.

The Red Card would also be used in the future to grant status for temporary guest workers in situations and job sectors where it was necessary. Red Cards would be issued where job shortages exist and our Immigration Service would institute a system by which available jobs would be matched with qualified immigrants willing to do that work.

If a holder of a Red Card should lose their employment status, they would be given a grace period of 120 days to find other employment. If they could not find employment in that period they would have to leave the country within the next 60 days.

The Red Card will also be allowed to be extended to a spouse (if minor children 12 or under) and dependent children 18 and under). However, if the primary Red Card holder loses job status all family members also lose their status.

Holders of Red Cards would be entitled to no government benefits currently (welfare, Medicaid) or in the future (Social Security and Medicare). They must pay all required income and other taxes in the United States while here. They must carry health care insurance. They must commit no crimes. Any violations will result in immediate deportation and the loss of the right to future entry into the United States for their lifetimes.

All immigrants would be required to have their green or red card in their possession at all times. Beginning 90 days after enactment if someone does not have proper documentation, is here illegally, has overstayed a visa, or violated the terms of the Red Card status, they will be deported and will never be entitled to return to the United States. This may sound harsh but without a strong provision like this you have little hope in insuring compliance with the law and getting everyone to register and comply with it going forward.

Holders of Red Cards could apply for Green Cards by getting in the back of the line for their respective category under the law.

What does this accomplish?  It provides a method by which we can provide a method for allowing hard working people to stay in this country if they are contributing to the economy and are positive forces in the community.  However, it establishes a clear delineation between people who came to this country legally and those who did so illegally.

It also insures that those here illegally will not benefit from our government programs and have no path to citizenship and no amnesty.  They are free to work to make a living for themselves and their family. They will not be allowed to take advantage of the taxpayer or get an unfair advantage over legal immigrants. They are not allowed to vote. Proof that they voted in a U.S election will also be grounds for immediate deportation and a lifetime ban from ever entering the U.S again.

I see this as a common sense compromise to bridge the liberal and conservative divide on the issue. Common sense should also be determining all of the decisions on immigration reform.

Why have an immigration policy at all?  Why do we let anyone in? The only logical reason is to improve your country by importing human talent that will provide a benefit to the nation.  This is the thinking that drove our immigration policy for most of our history.  Immigrants with illness or who could not support themselves and their families were turned away.  Often this was at Ellis Island after they had already faced an arduous journey here by ship. Those who were willing to work and contribute were welcomed. Why should it be any different today?