Illegal immigration has become, in this moment of American history, THE existential question upon which this nation will either sink or swim. This is similar to what happened around the issue of slavery in an earlier time, decades of letting an unrestrained problem get worse has now triggered a time of severe law enforcement. That vigorous law enforcement effort has provoked, in turn, a passionate response of protest and riot verging into insurrection. As a result the distinct possibility of civil war looms once again on our national horizon.
Before we march further along this hate and anger filled path, absorbing a possibly deadly blow to our body politic, we should step back and realize that peaceful and equitable solutions are available to us. The thing is, the only way we can get to those peaceful solutions is by identifying, confronting, and overcoming the actual bad actors in this illegal immigration mess. To get directly to it, those bad actors are two groups of rich and powerful people: Commercial interests which employ massive numbers of illegal aliens, and international criminal cartels which profit from the trafficking of both drugs and humans.
Both of those groups are politically entrenched and immensely wealthy, so they will be formidable foes. But taking them on them is the only way we can solve this illegal immigration mess, and preserve our nation.
Up to this point in the second Trump administration, the one bright side to the vigorous enforcement effort has been to reduce border crossings to near zero. Enacting and vigorously enforcing laws against illegal employment will be the key factor in maintaining a closed border and ultimately solving this mess. We simply have to turn off the jobs magnet which is attracting the workers.
The illegal employers don't want that to happen, and use devious means to oppose it. Rather than having an open debate, they instead raise a cry insisting on absolutely no form of amnesty to any illegals. This strategy at first blush seems to work against their interests, but by insisting on the impossible perfect they prevent us from ever achieving the feasible good.
To get to the heart of the issue, what we have to do is modify our hard headed, absolutely NO AMNESTY stance with some realistic compassion. This plan necessarily contains some fine nuance (it can't be a repeat of the 1986 debacle), which will be explained in a bit, but first let's look at how unrealistic, and fictional, the NO AMNESTY stance is.
As a conservative guess, there are probably at least 30 million illegal residents here today. They mostly have close attachments, via children (citizens who will remain citizens even if birthright citizenship is ended. No Ex Post Facto laws allowed, remember?), in-laws, and friends. So, at a minimum we are talking about a deportation process that will have traumatic effect on 50 or more million people. That is a lot of potential voters in the 2026 midterms.
Look at how things have actually been going. Yes, it appears that a million or so illegal immigrants have been detained and or deported, and once again, the border has been closed. That is a good start.
But most of the deportees have been the despicable criminals and gang members nobody wanted in the first place, along with those self deportees who were probably intending to leave soon anyway. In other words, they were the low hanging fruit. Even with all that going for the deportation process, the administration has still had to resort to multiple deployments of the National Guard to assist ICE, and the almost unheard of deployment of American combat forces on American soil.
To get from one million to 30 million, we will have to double that effort, and then double it again, and then double it again, and then double it again, and then double it yet again. Even now, many of the immigrant's home countries refuse to repatriate them, so we shunt them to third countries. That will work only in the short term and in small numbers. In large numbers, dumping unemployed foreigners into other nations will result in criminal gangs running amok in those countries, which will then also refuse to receive them.
It is hard to see how we can continue, let alone accelerate, down this path without resorting to martial law. So if we do continue down this path, a path dictated by a policy of “no form of amnesty allowed,” we probably will end up in either low intensity civil war, or authoritarian government control, or most probably both..
All of that will likely follow if we stick to the hard headed, absolutely NO AMNESTY approach. Or rather, our false version of that approach because let's be real here, that NO AMNESTY thing is a fiction to begin with. There is no intention of applying that hard headed logic to all the illegal employers. If NO AMNESTY were applied to illegal employers today, almost all the meat packing, construction and agri-business concerns would quickly be put out of business. Not only would they lose most of their workers, but they would be fined into bankruptcy, that is if we were serious about NO AMNESTY to law breakers.
Many will shout, “Whoa up and hold on there sport. A strict application of the law to deprive billionaires of some of their millions of dollars is a bridge too far, a tragedy too great to consider.” They will say this while smugly asserting that ruining the lives of millions of weak and defenseless workers is perfectly alright. This is extreme scapegoating in action.
So that NO AMNESTY thing will, in the fine tradition of American euphemism and equivocation, fall apart in the wink and nod, backroom dealings of the good old boy network. We all suspect that's how it will end, after we witness a time of highly publicized brutal enforcement. When immigration enforcement starts hitting the bottom line of some big campaign donors, the vigor of law enforcement will suddenly peter out, and things will go back to how they used to be. The problem of illegal immigration will remain unsolved. That is the way it has gone before, and that is how things will probably go this time, if we let them.
The pivotal issue to consider in defeating these bad actors is the rule of law, and how greatly it can benefit working people. This is THE issue that corrupt politicians (by definition) and corporate greedmeisters (by inclination) want to ignore.
As an example, think about how ignoring the rule of law effects workers in just one kind of job; janitorial work. It used to be that janitors were paid by the hour as employees, with benefits, overtime, vacations, insurance and such. These days that work is mostly subcontracted out,(largely to illegals) so the worker has no benefits and is expected to pay their own taxes. It’s still very low paid work, averaging little more than ten to fifteen dollars an hour, and the worker, as stated, is expected to pay their own taxes out of that. Hiring practices are similar in other trades, such as construction and landscaping.
Most of the illegal workers, classified as subcontractors, simply don’t pay their taxes, which maximizes their take home pay, allowing them to pay for their own benefits, if they want. Many choose instead to subsidize that pay by fraudulently relying on government services, like emergency room health care and food stamps. The only way for an American to compete for those jobs is to settle for taking home, after taxes, less than seven to ten dollars an hour, or to take the risk of not paying the taxes.
If the IRS comes after the illegal worker for back taxes, they can go underground, get a new phony ID, take a temporary deportation, or maybe just take their savings and depart for home. On the other hand, if the IRS comes after the American worker, they’re in a lot of trouble, with almost no place to hide. So the situation is that if the American is going to compete with the illegal, they tend to move to a marginalized legal status, effectively working under the table, just like the illegals. That’s how it is working today, how it has always worked when the law is being ignored, and how it will always work. Lawlessness always begets more lawlessness.
Now consider how this microcosm plays out when repeated millions of times over many years. Basically, if the rule of law continues to be ignored, (and if we allow it to continue it will only get worse) the status of illegal workers, both in this nation and abroad, will stay the same or slowly get worse, and the status of American workers (in terms of wages, protections, security, etc) will, over the course of years, be brought down to that level. This has been happening for decades now, and is a major factor in the widening disparity between rich and poor in this nation.
On the other hand, if we insist on the rule of law, requiring our government to do the will of the people and forcing businesses to obey the law, the status of the American workers (wages, benefits, and all that) will stay the same as today, and probably tend to slowly improve. The status of the low skill foreign workers, in this nation and abroad, will slowly be brought up to that level. Thus, many of the economic issues facing the masses will improve if we reject illegality and instead embrace the rule of law. Solving the illegal immigration problem by compassionately returning to the rule of law will benefit all working people, in this and other countries, and only minimally reduce the wealth of the already wealthy.
So it is easy to see why those bad actors want the border open and immigration law unenforced. The cartels obviously want an unending stream of illegal border crossings to disguise their trafficking schemes. Even more, the large illegal employers want the illegals to stay here, continue working for them, and remain illegal. All they have to do to keep this gravy train rolling, whenever the American people periodically rise up to demand an end to this mess, is to raise a howl for NO AMNESTY, demanding that the perfect remain the enemy of the good.
Up to now their plan has always worked. We are always left with this three way choice. Either keep going on this path, and risk civil war. Or get even tougher, avoid civil war by becoming an armed camp and engaging in genocidal levels of enforcement. Or, what is most probable, let it go back to the way it was before Trump tried to fix it. None of those choices is acceptable, so this time, let's look at a better alternative.
The alternative solution will first of all have to be based on keeping the border tightly closed. The first step has to be that everyone who comes into this country comes in through the front door, in compliance with our laws, whatever we decide those laws will be. That border closure must be maintained for as long as the border exists.
The next stage in the plan is to establish some date certain, in the near future, at which time all illegal employees, and their employers, are required to identify all illegal workers. This requirement will also be applied to anyone accessing government services. At that time each person will be assigned a provisional green card, with bio-metric data attached and downloaded to a data base. After that date, any worker or client without such a card, and a file in the data base, is subject to immediate deportation and the employer is subject to a fine, if not criminal prosecution if they have tried to evade this system.
Enforcement of these new immigration laws will, contrary to those defending illegal employment, be an easy task. Simply attach hefty fines to every instance of illegal employment, and make half the fine money payable, as a bounty, to those who report it. That approach would make enforcement very easy, and profoundly cost effective. In fact, that way of doing it would be so effective that it would actually threaten the economic well being of many big corporations.
Then the real world benefits of this policy would come to the fore. Rather than allowing themselves to go broke, the big corporate illegal employers would be forced to make their arguments regarding those foreign workers in transparent public debate, and not just in smoke filled back rooms. When the big business folks have to make their arguments public, we will probably soon discover that in some fields, such as agriculture and meat processing, we really do need some foreign workers, and then we would have an honest basis for establishing a fair guest worker program.
Concurrent with the assignment of a provisional green card to every illegal resident, each of them, when identified, will be entered into and subjected to a vetting process. The metrics of this vetting process will have already been established and made transparent to the public. These protocols will be designed to determine who deserves to gain permanent green card status.
These protocols will be based on things like time in country, legal record, work history, character references from friends and employers, record of family use or abuse of government services, and things like that. That way, a person who has been here twenty years, worked hard, paid their bills and kept their nose clean will be relatively assured, even before entering into the process, of gaining a permanent green card. That way, much opposition to the plan will be dissipated.
On the other hand, those who engaged in criminality, or who lived on the edge of the law, or were illegitimately brought in during Biden's open border fiasco, or who came here to game our system and take advantage of our compassion, will be filtered out.
While that vetting process is being carried out, all employees, legal or illegal, will, for the first time, have equal legal status. That means minimum wage, safety, and worker benefits laws will be in force. That alone will make it to where native born Americans will once again be able to compete for jobs in those fields. As the vetting process continues, many of the foreign born illegal workers will get deported, and even more native born workers will take their place.
Once again it must be emphasized that a closed border will have to be a permanent fact for this plan to work. From this point forward there will be no new illegal workers coming in. That will be the big difference compared to what happened in 1986.
With all those factors in place, over the course of just a few years, with our economy expanding as expected, the formerly illegal workers will be absorbed into an open, free and fair market. The problem of illegal immigration will largely be solved, and the rule of law restored. Some corporations will have slightly reduced profits, and the international criminal cartels will have much less influence. Most of us will be okay with those outcomes.
Then we can have full employment, with a dignified, legally protected and decent life for all workers. Our nation will be stronger, more inclusive, more united, and more peaceful. Isn't that an agenda we can all support?