Friday, March 31, 2006

None Dare Call Her "Xenophobe" or "Racist"

In 1972, Texas State Representative Barbara Charline Jordan, was the first African-American woman ever elected to Congress from a southern state. On July 12, 1976 congresswoman Jordan became the first African American to ever deliver a keynote speech at the Democratic National Convention.

The late Congresswoman was appointed by President Bill Clinton to chair a Commission on Immigration Reform (aka the Jordan Commission). She chaired the Commission from 1993 almost until her Death in January 1996. The Commission's work was born by statute in 1990 and concluded by statute in 1997., Unfortunately, President Bill Clinton did not think enough of the Commission to implement the Commission's Recommendations.

Illegal aliens should not be eligible for any services or assistance except those made available on an emergency basis or for similar compelling reasons. - Benefits policies should send the same message as immigration policies.

Aliens should not have entered the U.S. unlawfully and, if they did, should not receive public-funded aid except in very unusual circumstances: where there is emergent need for specific assistance; where there is a public health, safety or welfare interest (such as immunizations, child nutrition programs and school lunch programs); and where their eligibility is constitutionally protected. The verification system recommended by the Commission should be used to determine eligibility for public benefits as well as work authorization.

If an alien is in the U.S. unlawfully, he or she should not receive publicly-funded aid except in very unusual circumstances: where there is emergent need for specific assistance, such as emergency health care; where there is a public health, safety or welfare interest (such as immunizations, programs to prevent the spread of communicable diseases, child nutrition programs and school lunch programs); and where their eligibility is constitutionally protected.

Why this distinction between the eligibility of legal immigrants and illegal aliens? Illegal aliens have no right to be in this country. They are not part of our social community. There is no intention that they integrate. As human beings, they have certain rights-we certainly should not turn them away in a medical emergency. As a nation, it is in our interest to provide a limited range of other services- immmunizations and treatment of communicable diseases certainly fall into that category. But, if illegal aliens require other aid, it should rightly be provided in their own countries.

Unlawful immigration will not be curbed unless we have comprehensive strategies that will prevent the entry of those with no right to be here and remove those who somehow make it past our best efforts at border management.

For immigration to continue to serve our national interest, it must be lawful. There are people who argue that some illegal aliens contribute to our community because they may work, pay taxes, send their children to our schools, and in all respects except one, obey the law. Let me be clear: that is not enough.

This is a nation governed by the rule of law. It applies to all. It is as illegal knowingly to hire someone who is breaking the law as it is illegal to work under false pretences. These recommendations are not just for the four million illegal aliens in our midst-an arguably small number given the size of the U.S. workforce. They are aimed, as well, at restoring credibility to our overall immigration policy, commitment to fair labor standards, respect for civil and human rights, and integrity of our social security system.

To make sense about the national interest in immigration, it is necessary to make distinctions between those who obey the law, and those who violate it. Therefore, we disagree, also, with those who label our efforts to control illegal immigration as somehow inherently anti-immigrant. Unlawful immigration is unacceptable.

...Deportation is crucial. Credibility in immigration policy can be summed up in one sentence: those who should get in, get in; those who should be kept out, are kept out; and those who should not be here will be required to leave. The top priorities for detention and removal, of course, are criminal aliens. But for the system to be credible, people actually have to be deported at the end of the process. The Commission will have additional recommendations on this crucial matter later this year.

First, Improve border management - The Commission calls for a strategy of prevention of illegal entry and facilitation of legal ones in the national interest.

Second, Reduce the magnet that jobs currently present for illegal immigration - We have concluded that illegal immigrants come primarily for employment. The Commission believes that we need to enhance our enforcement of both employer sanctions and labor standards. But, to make employer sanctions work, we must improve the means by which employers verify the work authorization of new employees.

Third, the Commission urges greater consistency in our immigration and benefits policies - We believe that illegal aliens should be eligible for no public benefits other than those of an emergency nature, in the public health and safety interest, and constitutionally protected.

Fourth, the removal of criminal aliens - The Commission supports enhancement of the Institutional Hearing Program that permits the federal government to obtain a deportation order while criminal aliens are still serving their sentences...The Commission also recommends further negotiation of bilateral treaties that will permit deportation of criminal aliens to serve their sentences in their home countries.

Immigration policy must protect U.S. workers against unfair competition from foreign workers, with an appropriately higher level of protection to the most vulnerable in our society...

The Commission recommends [taking] additional steps to address the continued aftereffects of the 1986 Immigration Reform and Control Act that provided legal status to formerly illegal aliens. We propose a core immigration admissions level of 550,000 per year...

The Commission recommends the elimination of the admission of unskilled workers. Unless there is another compelling interest, such as in the entry of nuclear families and refugees, it is not in the national interest to admit unskilled workers, especially when the U.S. economy is showing difficulty in absorbing disadvantaged workers and efforts towards welfare reform indicate that many unskilled Americans will be entering the labor force.

The Commission believes that an agriculture guestworker program, sometimes referred to as a revisiting of the "bracero agreement," is not in the national interest and unanimously and strongly agrees that such a program would be a grievous mistake.

The Commission is highly skeptical of the need for an agricultural guestworker program at this time or in the near future. Proponents of such a program have failed to demonstrate that a labor shortage is about to occur or that there are no means other than a guestworker program available to agricultural producers to obtain sufficient employees in their industry.

Guestworker programs effectively expand rural poverty. Moreover, guestworker programs are predicated on limitations on the freedom of those who are invited to enter and work. Experience has shown that such limitations are incompatible with the values of democratic societies. For that very reason, "temporary" guestworkers tend to become permanent residents, de facto or even de jure. The ongoing inconsistency between the stated intent of a guestworker program and the actual consequences cannot be ignored by policymakers who seek credibility in a reformed system.

Do not let debate on birthright citizenship distract you from the urgent business of controlling illegal immigration, which is essential to the credibility of our commitment to the national interest in legal immigration...you have an opportunity in this Congress to take significant steps to deter illegal immigration and promote lawful immigration in the national interest. You have labored in this Subcommittee to produce a bill, H.R. 2202, which takes some of the prudent, measured steps recommended by this bipartisan Commission to do what needs to be done.

Please do not be distracted from these real measures to attack illegal immigration through the Constitutional amendment process. There are far better ways to deal with illegal immigration than to cut the Constitutional baby with a sword and say, "This half is a citizen, and that half is not."

There will be a vote on the House floor on retaining the provision to test worksite verification that the Judiciary Committee approved in H.R. 2202. There will be those who claim that it is not worth testing the system you have endorsed. There are also those who whisper in these hallways that illegal immigration isn't so bad, so long as they will work hard for low pay, so long as they do the dirty jobs that Americans supposedly won't do, so long as their children aren't to become Americans.

Caution: There are nations in the world that have tried this, and we are not like them. We are not a nation that is permanently divided into "us", and "them." You heard last week from my colleague on the Commission, Richard Estrada, who gave as his view that the United States must not follow the Kuwait model, where citizens are the privileged elite and foreigners do the dirty work. I agree.