February 2012

The Immigration Issue

One of the most important characteristics of a democratic society is the establishment of the “rule of law”. Without the rule of law, few other freedoms will survive. If one disagrees with a given law, the proper recourse is to work to change the law. A society cannot survive if we each have the option of choosing which laws we will obey. With estimates of 11 million undocumented workers residing in the U.S., however, it is not feasible to consider deporting most of these families. Our immigration policies need to be overhauled so that a greater number of immigrants can come to the U.S. legally each year---but that is a discussion for another time.

Several facts are evident:

• There are 11-12 million illegal immigrants in the U.S.;
• A substantial percent – perhaps a majority - of Americans do not favor amnesty for illegal immigrants;
• It is not feasible to consider any program that would attempt to “deport” all undocumented immigrants;
• The economic impact of these 11 million workers is not clear, though many of the jobs held could not be filled at the wages paid to these workers. 
• US unemployment rates are still near the highest on many years
• Employers of the illegal workers, with a few exceptions, have not paid a significant penalty for employing these workers.

I would propose the following plan:

1.       All undocumented workers would be allowed to apply for a work permit (a “Red Card”). These Red Cards would be issued by an agency of the U.S. government and would include a photograph and residential address. There would be no cost to the applicant for this card and it would expire on the worker’s first birthday after a 6-month period. This would give every worker between 7 and 18 months before the red card had to be renewed.

2.       A Red Card holder could apply for a year extension of their card anytime within the 60 days prior to its expiration. An extension would be granted if the holder has not been involved in any illegal activity and they can document that they have been employed for at least 70% of the time since their last Red Card was issued. Up to ten extensions may be obtained if the applicant meets all of these conditions. (A total of approximately 10 -11 years)

3.       As a Red Card holder, an individual would be added to the list of persons applying for legal entry into the United States.

4.       A company or an individual that wanted to hire the holder of a Red Card would also apply for a permit. A government agency would issue the employer one “Blue Card” for each Red Card worker they wish to hire. The first two Blue Cards in any calendar year would cost the employer $500/year each. Additional cards up to a maximum of 100 would cost the employer $1,000/ year each. Blue Cards in excess of 100/year would cost the employer $2,000/year. All of the funds generated from the issuance of Blue Cards would be contributed to an “Immigrant Services Fund”. Each Blue Card would permit the employer to hire one person with a Red Card. A Blue Card would be effective for a 12-month period.

5.       Upon a Blue Card’s expiration, the employer would have the option to reapply for new Blue Cards based upon the fee schedule cited above. These funds would be added to the Immigrant Services Fund. An employer can apply for additional Blue Cards at any time during the year (Blue Cards would not be transferable or redeemable).

6.       The details of the corporate purchase of the Blue Cards would be of public record;

7.       The INS would be authorized and funded so as to ensure that all workers were legal or possessed Red Cards. No holder of a Red Card could be deported unless thay were convicted of a crime.

8.       A Red Card holder would be hired “on the books” of their employer with normal State and Federal Taxes (excluding Social Securities taxes) withheld from their pay. The Red Card holder would not receive retirement or Social Security benefits. The equivalent of Social Security Insurance payments would be paid by the employer to be added to the Immigrant Services Fund.

9.       Red Card holders would be eligible for a State driver’s license subject to all state requirements. The license must be differentiated from the State’s resident license so that it is clear that the person is not a U.S. citizen;

10.    If 11 million Blue Cards are issued each year, an estimated $15-$25 billion will be added to the Immigrant Services Fund annually. This fund would pay for effective enforcement of this program and the social services required by these workers;

11.    Once an immigrant has received the maximum number of Red Card renewals, they would be required to return to their native country for a period of at least 12 months before reapplying for Red Card Status. During their work period in the U.S. their name would be added to the “wait list” for a legal work permit or residency;

12.    Hospitals and emergency rooms that provide health services to Red Card holders would receive financial compensation to be paid from the Immigrant Services Fund.

13.    All undocumented persons, including non-working spouses and children above age 5, would be required to obtain a Red Card. Spouses and children would not be required to have worked in the prior year to receive a Red Card, if the spouse has qualified for a card.

14.    Children of Red Card holders would be permitted to enroll in the appropriate public schools. States that have funded the education of Red Card children would be eligible for reimbursement of their out-of-pocket costs for educating these children from the Immigrant Services Fund.

Comments, improvements and suggestions, please.