There is a simple action that the DHS, POTUS, and Attorney General could take to solve the illegal immigration issue once and for all. It would require no action from Congress, nor would it require any changes from the legislative branch; only negative action, and would require no change to US law.
Take a look here and here and notice that something important is missing. Then dig a little deeper, here. You'll notice that something very subtle and important is missing. Immigration status. An undocumented person has the same rights to compensation (and the same damages when abused) that are available to US citizens.
So what's the solution?
A simple memo that states:
Undocumented status alone is not sufficient reason to deport/arrest someone, particularly someone involved in a fair labor practices lawsuit.
How does this affect the problem of illegal immigration?
Follow my logic:
- People come to the US looking for jobs. Employers hire them because there is a strong incentive to; employers can get labor for pennies on the dollar compared to documented workers.
- If we go after that incentive, balancing it out so employers have less of an incentive to hire undocumented workers, the jobs availability dries up. Reduce the jobs availability and some of the undocumented immigration problem dries up.
- Employers already face penalties and stiff fines for employing undocumented workers. Abusing them is beyond the pale. Without the threat or reporting those workers to ICE, abused workers will have the clout to force employers to pay at least minimum wage and comply with wage and hour laws. The problem is, as long as those immigrants face deportation for speaking up, it is very difficult to enforce those worker protection laws.
- Workers who have been abused can force abusive employers to make back-pay and damages.
- Three simple letters: IRS. Wasted time is a powerful motivator. While an employer may avoid criminal liability, the IRS has the power to go over an employer's books with a fine-tooth-comb and assess damages. Not only that, but the US tax base increases as well, as immigrants can use the back-pay and damages to settle up with the IRS and apply for legal status.
Now, if you're using this line of reasoning on a rethuglican friend, they'll probably raise up the red herring of "why should we reward people for breaking the law and being in the US illegally?". There's a 2 part answer. First, since US law already dictates that back wages are due, there is no 'reward' involved at all. That's like me robbing you of $20, and then asking why I should 'reward' you by giving it back. Second, that question conflates two points. Doing something illegal and doing something morally wrong are not the same thing. Spitting on a sidewalk, going 1 mile an hour over the speed limit, or any of a number of harmless things are not morally wrong, they just happen to be illegal. Just being in this country illegally is not necessarily morally wrong. (I found that images of escaping poverty and violence were useful). Call them on it.
There will be some side benefits to this as well.
- This recognizes that these people are, strangely enough, human beings. The worst part of the immigration debate that I see is the painting of undocumented workers as subhuman criminals. It disgusts me. Forcing people to recognize and treat these folks as humans is important. To quote John McCain during a 2008 republican primary debate "These are God's children too". (one of his few statements I agreed with that campaign).
- With the DoJ and DHS declining to deport non-criminals (Which will require Janet Napolitano as well), this will force a debate on how to deal with these people properly, and fix our immigration system. Forcing people to go and "tag the border" and return is just as silly as other punishment provisions that will cost money to enforce and not really help anything.
What do you all think?