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In
the debate over immigration, "amnesty" has become something of a dirty
word. Some opponents of the immigration bill being debated in the
Senate assert that it would grant amnesty to millions of illegal
immigrants. Supporters claim it would do no such thing. Instead, they
say, it lays out a road map by which illegal aliens can earn
citizenship.
Perhaps I can shed some light. Two decades ago,
while serving as attorney general under President Ronald Reagan, I was
in the thick of things as Congress debated the Immigration Reform and
Control Act of 1986. The situation today bears uncanny similarities to
what we went through then.
In the mid-80's, many members of
Congress — pushed by the Democratic majority in the House and the
Select Commission on Immigration and Refugee Policy — advocated amnesty
for long-settled illegal immigrants. President Reagan considered it
reasonable to adjust the status of what was then a relatively small
population, and I supported his decision.
In exchange for
allowing aliens to stay, he decided, border security and enforcement of
immigration laws would be greatly strengthened — in particular, through
sanctions against employers who hired illegal immigrants. If jobs were
the attraction for illegal immigrants, then cutting off that option was
crucial.
Beyond this, most illegal immigrants who could
establish that they had resided in America continuously for five years
would be granted temporary resident status, which could be upgraded to
permanent residency after 18 months and, after another five years, to
citizenship.
Note that this path to citizenship was not
automatic. Indeed, the legislation stipulated several conditions:
immigrants had to pay application fees, learn to speak English,
understand American civics, pass a medical exam and register for
military selective service. Those with convictions for a felony or
three misdemeanors were ineligible. Sound familiar? These are pretty
much the same provisions included in the new Senate proposal and cited
by its supporters as proof that they have eschewed amnesty in favor of
earned citizenship.
The difference is that President Reagan
called this what it was: amnesty. Indeed, look up the term "amnesty" in
Black's Law Dictionary, and you'll find it says, "the 1986 Immigration
Reform and Control Act provided amnesty for undocumented aliens already
in the country."
Like the amnesty bill of 1986, the current
Senate proposal would place those who have resided illegally in the
United States on a path to citizenship, provided they meet a similar
set of conditions and pay a fine and back taxes. The illegal immigrant
does not go to the back of the line but gets immediate legalized
status, while law-abiding applicants wait in their home countries for
years to even get here. And that's the line that counts. In the end,
slight differences in process do not change the overriding fact that
the 1986 law and today's bill are both amnesties.
There is a
practical problem as well: the 1986 act did not solve our illegal
immigration problem. From the start, there was widespread document
fraud by applicants. Unsurprisingly, the number of people applying for
amnesty far exceeded projections. And there proved to be a failure of
political will in enforcing new laws against employers.
After
a six-month slowdown that followed passage of the legislation, illegal
immigration returned to normal levels and continued unabated.
Ultimately, some 2.7 million people were granted amnesty, and many who
were not stayed anyway, forming the nucleus of today's unauthorized
population.
So here we are, 20 years later, having much the
same debate and being offered much the same deal in exchange for
promises largely dependent on the will of future Congresses and
presidents.
Will history repeat itself? I hope not. In the
post-9/11 world, secure borders are vital. We have new tools — like
biometric technology for identification, and cameras, sensors and
satellites to monitor the border — that make enforcement and
verification less onerous. And we can learn from the failed policies of
the past.
President Bush and Congress would do better to start
with securing the border and strengthening enforcement of existing
immigration laws. We might also try improving on Ronald Reagan's idea
of a pilot program for genuinely temporary workers.
The fair
and sound policy is to give those who are here illegally the
opportunity to correct their status by returning to their country of
origin and getting in line with everyone else. This, along with serious
enforcement and control of the illegal inflow at the border — a
combination of incentives and disincentives — will significantly reduce
over time our population of illegal immigrants.
America
welcomes more immigrants than any other country. But in keeping open
that door of opportunity, we also must uphold the rule of law and
enhance a fair immigration process, as Ronald Reagan said, to "humanely
regain control of our borders and thereby preserve the value of one of
the most sacred possessions of our people: American citizenship."
Edwin Meese III is a fellow at The Heritage Foundation and holds its Ronald Reagan Chair in Public Policy. He served as attorney general under President Reagan.
First appeared in the New York Times