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A SENSIBLE

AND PERMINANT APPROACH TO THE

ILLEGAL IMMIGRATION PROBLEM

When considering the illegal immigration problem, it is necessary to consider the history of the problem. The United States of America is entirely populated by immigrants or their descendants. Even the “Native Americans” immigrated here hundreds and thousands of years ago! The current problem is a result of a mixed, confused policy that has been in effect for many years (more than fifty). It is further complicated by the ‘mixed message’ sent out by various public figures and government officials and the political groups that they represent. When the public views the problem, it only sees the Latin Americans (primarily Mexicans). While the problem is indeed composed of a large number of Mexican illegal aliens, they are not the only source of concern. In addition to Latin Americans, Asians, Africans, Indians, Eastern Europeans, and others make up elements of the illegal immigrant population. For purposes of this paper illegal immigrants are defined as any undocumented or improperly documented foreign national within this country.

In order to permanently solve the problem, several steps and initiatives must be taken. This proposal consists of three major points that must be addressed for an end of the current crisis to be achieved.

First point -- THE BORDER MUST BE SECURED!

With the rise of global terrorism, the notion of a permeable national border is worrisome at best, and terrifying at worst. Even if 100,000 soldiers are needed to stop the flow from the north as well as the south, this step must be taken NOW. In time barriers such as walls, fences and passive surveillance may be adequate, but for now, a strong show of force will send an unambiguous message to would be border violators.

Second point -- GENERAL LIMITED AMNESTY FOR ALL

UNREGISTERED (ILLEGAL) ALIENS.

This is the hardest part of the proposal for many political groups to accept, but it is the most important part of the program. This amnesty is a straight forward deal between the illegals and the US government that will grant all registrants a semi-permanent right to remain in the country. Many groups want to deport huge numbers of illegals. This policy would be enormously expensive both financially and politically. The purpose of the registration program is multi-fold:

  1. By having the Illegals register voluntarily, it will quickly identify all previously undocumented aliens and do so at a relatively small cost.
  2. In exchange for voluntary registration, the individual will be given a PERMANENT IDENTIFICATION NUMBER. This number will work like a social security number that can be used to apply for other LEGAL documents such as drivers’ licenses, bank accounts, credit cards, and insurance coverage.
  3. The registration process will need to be rapid, but thorough, and as complete as possible. This data will provide Homeland Security with a virtual treasure trove of personal data on foreign nationals inside this country.
  4. Once registered, the aliens will become part of the Registered Guest Worker Program. The Registered Guest Worker Program would be a self funded, renewable system for tracking and policing guest worker activities.
  5. Any undocumented aliens that are unwilling to participate in the registration process will be provided with free transportation to the country of their choice. If they decide to stay in this country, they will be subject to criminal prosecution.
  6. If a candidate for registration whishes to declare a state of political asylum, the registration process will be kept confidential until the matter can be resolved. If there are no serious criminal charges pending in the home country, the registration data will be kept confidential and an alias will be provided. If serious criminal charges are pending the matter will be referred to the state department for review and recommendation of resolution.
  7. In addition to total identification and registration of all foreign nationals within our borders, a strong political message can be sent to the leaders of other countries to encourage them to ‘cooperate’ with US interests. This cooperation could take the form of the sharing of a target country’s vital statistics data on registered aliens claiming to be from that country. Also, no one can deny the enormous economic impact that the money sent home by immigrants (both legal and illegal) has on their home country. Pressure could be exerted by tighter regulatory controls placed on guest workers from “NON COMPLYING COUNTRIES “. These controls could take the form of more frequent card renewal requirements, limits on money transfers, and denial of sponsorship rights to registered aliens from these countries.

As part of the registration process; the registrants will be photographed, finger printed, and provide a DNA sample. In addition, the registrant will be expected to give as much personal data and provide any corroborating documentation available. The registrant will be expected to provide basic biographical data such as name, birth place, mothers name, fathers name, the names of any family members, and the names of any family in the USA (if known). At this point the registrant will be given the opportunity to select a new name to use in this country allowing the registrant to become more Americanized. The initial object of the registration process will be to collect as much data as possible and archive it for later processing. For example, DNA samples could be stored and processed at a later date, but could immediately be made available to law enforcement agencies on an as needed basis.

Personal data about the level of education attained by the registrant and a catalogue of the registrant’s capabilities would be recorded. This resource could prove invaluable to the administrators of the registration program as a labor pool that the system could draw upon when needed. Once the registrant is made legal, previously unavailable job opportunities could be sought. The registrant would be responsible for providing any documents indicating any schools attended or degrees attained.

Included in this registration process, any forged or illegally obtained documents will be turned over and monetary compensation could be provided as an extra incentive. The registrant would be immune from the legal consequences possession and prior use of these documents would entail. The registrant would have to explain the origin of these documents. The registrant would also be expected to cooperate with the authorities efforts in ending these illegal document sources. The small cost of such a program is cheap when one considers the advantage of taking these documents out of circulation and destroying their sources.

In addition to immunity on the possession of illegal documents, the registrant would also be expected to explain how, when, and where entry into this country was made. Immunity would be granted on any nonviolent acts committed during these incidents. The registrant would also be immune form prosecution for giving aid or assistance to other illegal aliens. Basically in exchange for a complete description of, explanation of, and confession to any immigration related crimes, the registrant would be given immunity and amnesty.

This form of limited amnesty is very important. It provides the registrant with a very strong incentive to be as through and truthful as possible during the registration process. After the registration process, any immigration related crimes not reported or any other crimes committed by the registrant will be completely prosecutable by the legal authorities (City, State, and Federal). The registrant should be provided with the opportunity to amend the registration data provided for a limited time after the initial registration session.

The value of the data gathered by this process would be immeasurable. By clearing the books of a large number of old (and at present un-prosecutable) crimes, many crimes blamed on illegal aliens which were actually committed by others could be investigated.

Each registrant would be given an Alien Identification Card (AIC) similar in appearance to a driver’s license. It would have a picture Id and a unique registration number as well as name, complete address, and a data source (magnetic stripe or imbedded chip) containing biometric data to be used for identification purposes. When activated, the card would be secured by a PIN (Personal Identification Number) and function in similar fashion to an ATM card. It would be the responsibility of the registrant to keep this card current and safe, as it serves to establish LEGAL RESIDENCY STATUS. Timely updates of information such as change of address would be expected and the card should be periodically renewed (just like a driver’s license). Registration status could be revoked for any number of criminal offenses or improper use of an AIC. This penalty would have to be used judiciously and in a fair, uniform manner as it would have severe consequences if invoked.

The threat of loss of legal resident status will be a powerful force to influence the behaviors of the registrants. The present system of illegals helping other illegals would be put to an end. By making registration easy and universal, individuals that do not cooperate with the registration process will become undesirable in the alien community.

It should be noted that this proposal addresses only those aliens now classified as illegal aliens. Properly registered legal immigrants would retain their present status and would not be subject to these proposed regulations and laws.

Third point – THE REGISTERED GUEST WORKER PROGRAM

After the registration process, the participant will be in the REGISTERED GUEST WORKER PROGRAM. This program will be a system of laws and rules that will govern the activities of the participants. With the AIC (Alien Identification Card) the registrant will have the right to go to any employer and use the AIC like a social security card.

If the registrant is currently employed, the employer must accept the AIC and its number (and the bearer’s name) as legal identification for this employee. In exchange, the employer will be held harmless for any legal questions that might arise from this change. If a bogus SSN (Social Security Number) was used, a simple form will be sent to the REGISTERED GUEST WORKER ATHORITY (RGWA). It will be the RGWA’s responsibility to process the changes with the Social Security Administration. The registrant and the employer will then be responsible for matching wage taxes that are paid to the RGWA instead of the Social Security Tax (FICA). The tax rate and structure will be identical to FICA taxes the only difference will be to whom the taxes are paid.

Although the guest worker will not be eligible for Social Security Benefits, tax credits accrued by the worker’s account will be credited in a point system that will count for other benefits derived from being registered in the program. Other benefits available under the program would be:

  1. The registrant would have RENEWABLE RESIDENCY STATUS. Depending on the date of registration (early birds will get longer terms) residency status would be granted for a period of three to five years. This Status would be automatically renewed by leaving the country for a period of time (i.e. three months). This time period doesn’t need to be accrued in one block, but rather, in increments. A formula could be developed to credit time spent outside the country based on the length of stay. If leaving the country is impracticable, impossible, or undesirable; an alternative form of service could be considered. Also, a waiver could be obtained if someone, such as an employer, could certify that the registrant had a compelling reason to stay in the country. This time spent outside of the country is important. By spending time in the home country, the registrant might wish to stay at home, or really realize what an advantage the USA is.
  2. With a valid card, the registrant will be guaranteed reentry into this country by simply presenting the card and verifying identity to the border crossing officials. It would be up to the home country to allow entry by anyone wishing to enter its territory. It would be the responsibility of the registrant to secure permission to enter any country other than the USA.
  3. It would be to the registrant’s advantage to be paying payroll taxes. By showing a positive income stream and continuous employment, it would be possible to sponsor a close relative to come into this country as a Sponsored Registered Guest Worker.
  4. Any registered aliens who are not employed would be able to remain in the country, but they wouldn’t be able to sponsor any one and they would still be subject to the voluntary departure rule. If for some reason they are unable to leave, allowances could be made on an individual basis. Any money paid to them or services rendered by government agencies would be funded at least in part by the RGWA.
  5. The children of registrants, even those born in the USA, would be registered by the RGWA. Any social services utilized by these children would be charged to the RGWA, including schools. At present, the children of illegal aliens born in this country are US citizens. Under this new plan, these children would be ELLIGIBLE for citizenship but it would not be automatic. It would be necessary for the US government to develop a fair standard for these children to meet in order to become US citizens. If the child had one legal resident as a parent, adjustments to the status would have to be made.
  6. It would be necessary to develop a cost ratio formula to determine the amount of money that could be charged back to the RGWA. As these previously undocumented aliens are mainstreamed into society, both their impact and contribution could and should be evaluated.
  7. In addition to the monies paid into the system, the registrants would accumulate “points” for beneficial behaviors and have “points” deducted for deleterious actions. These points would count toward achieving PERMANENT RESIDENT STATUS. Permanent residents would be eligible for citizenship and social security benefits.
  8. For self employed workers or day laborers, a system of self reporting would be available. For instance, day laborers would have supplemental pay cards that could have pay stamps affixed. These stamps could be purchased by contractors and given to workers along with their pay. Self employed workers would self report. A system of registration stations could be developed. These stations would function much like an ATM (They could even be ATMs).
  9. In addition to the point system, financial rewards could be paid to anyone who could provide information leading to the arrest of unregistered aliens or terrorists. It is generally believed that “sleeper” terrorists are concealed in the illegal alien population. By legalizing the “illegal aliens”, these terrorists will have a greater difficulty in remaining undetected. It is to be noted that part of the registration process includes finger printing, photographing, and DNA sampling of all registrants. Terrorists and other undesirable foreign nationals could not undergo this scrutiny. The life experiences of the immigrants cannot be discounted. Many of these immigrants are uniquely qualified to identify individuals whose accents are off or whose stories don’t make sense. By providing both financial incentives and awarding points to a registrant’s account, undesirable foreign nationals (terrorists) could be identified and dealt with by the authorities.
  10. The biographical data provided by registrants could also be ‘data mined’ by the governmental authorities and the anomalies and inconsistencies that appear could be referred to the proper agencies. The natural knowledge possessed by the newly registered population could be utilized by governmental entities for such tasks as background information, translation, and the identification of possible security risks. By making essentially every alien legal, the formerly adversarial nature of aliens and legal authorities will be greatly diminished and cooperation would be encouraged.
  11. This point system could be a determining factor for the guest worker to attain permanent resident status. A big factor in this should be attaining English language competency. By maintaining a point system, the productive workers will greatly benefit from it and the unproductive non workers will not receive any benefits. Even stay at home mothers could earn benefit points by cooperating with public education and health authorities and even volunteering as an aid worker at schools or public hearth clinics.

While the details of the preceding proposal may need to be modified, it is imperative that the basic structure remain in place. The creation of this system at first glance may appear daunting. It does not involve the creation of new technologies or use of unproven systems. Even the concept of registering 8 to 12 million unregistered aliens may not seem practical, but with today’s computer technology, all the basic information could be placed on one desk top computer. After the initial registration, the bulk of the data can be updated by the registrants. The use of web based and 1-800 number update systems for address updates and the use of existing payroll systems to process tax data will greatly expedite the process. As part of the registration process, the language used by the registrant would be noted and could be automatically used by the update system once the registration number is keyed in.