Immigration is politics. In the past thirty years immigration reform has been at the forefront of our nation’s agenda. In the 1980’s, Ronald Reagan signed the Immigration Reform and Control Act of 1986 to grant amnesty to undocumented immigrants. In the 1990’s, Bill Clinton instituted the original 245(i) granting permanent residency to certain qualified undocumented immigrants. These presidents presided over a booming economy and were both reelected to second terms.
Soon after George W. Bush was elected in 2001, Congress voted to renew 245(i). However, September 11 occurred just before he could sign the legislation. Immigration reform has since taken a back seat while anti-immigration sentiment has become more prevalent. The result: no new reforms since 2001. Even though President Bush proposed the “Guest Worker Program” it failed to pass Congress. It is interesting to note that September 11, 2001 was also the beginning of the downturn in our nation’s economy from which we still have yet to recover.
President Obama campaigned for immigration reform, but his efforts have been futile. Congress has declined to address the issue because Americans are preoccupied with the economy and the wars. Many are concerned that if immigration reform is passed and some undocumented immigrants are allowed to legally stay, jobs may be lost which would worsen the economy. They also believe that giving amnesty to illegal immigrants rewards law-breakers.
However, immigration is economics. Immigration reform can bring a solution to our economic problems. Granting undocumented immigrants legal status would allow them to file tax returns to contribute towards social security and income taxes. Once hidden in an underground economy, they would now be able to openly and freely purchase homes which would boost the real estate market.
Even though there have been many attempts at immigration reform, the scope has been too broad for the American public to accept. In 2004 George W. Bush proposed a “Guest Worker Program” for all undocumented immigrants. The program was similar to the Reagan Act of 1986 in that it included all undocumented immigrants. However, Reagan’s Act granted permanent residency amnesty while the Bush plan only granted permanent residency after a period of several years. Although Reagan’s plan succeeded, I feel the Bush plan failed because its scope included all undocumented immigrants and was too broad for the national climate of the time.
In order to stimulate the economy, I am proposing reinstatement of 245(i) which granted legal status to those qualified applicants whose residence could be based on a family relationship or job offer. This is not a blanket amnesty plan. It is limited reform which is a compromise plan between no reforms at all and the all inclusive plans of the Reagan/Bush years. 245(i) would also require a penalty of $1000.00 which could be used to fund security for the nation’s borders.
History is the mirror of politics. 245(i) has proven to be a practical and realistic approach of immigration reform which has stimulated our economy in previous years. If the reinstatement of 245(i) works, we can then consider instituting a guest worker type program as the next step. Both Clinton and Bush supported 245(i) and it may be the best alternative to help overcome the economic troubles of post 9/11 America. Immigration reform is not just helping undocumented immigrants but will help the nation as a whole.
— Jong-Joon Chun is Managing Attorney of Washington Law Firm, PLC in Alexandria, VA. He has published 9 books on US Immigration Law in Korea. His immigration law books have been translated into Japanese and Chinese. He can be reached at 703-914-1155 or [email protected].