The discourse occurring over the tactics that Immigration and Customs Enforcement (ICE) is using against immigrants, citizens, local governments and the Constitution are distracting from the facts at the root of the turmoil.
The facts include:
Over many decades, millions of people have come to, and live in, the United States without documentation.
Most work in occupations that contribute to the economy.
The lack of legal documentation has created ancillary problems like exploitation by
employers; inability to access needed services; and loss of employment tax revenue to
governments to name some.
The response of the Trump Administration has been to use force to elicit a fear-based
compliance with immigration law. Force, while sometimes effective, is almost never the most effective first response to a problem. The tactics of force used by ICE have caused excessive suffering to children, families, citizens, industries, and to the rule of law.
Here is a plan for a solution:
Using Census-like methodology; find, interview and enroll undocumented people into the Immigration Stoplight Program (ISP). When interviewed, an improperly documented person will be fined a meaningful amount ($7,000?). If the person is found to have been convicted of a felony against person or property they will be deported as expeditiously as possible. If they are found to have been working “off the books” for a single or few employers, they will be issued a Red ISP Card and will be enrolled as a worker with their wages subject to Social Security, Medicare, income and other payroll tax withholdings plus an additional assessment to pay their fine in a reasonable number of years (10?). When filing their annual tax return, ISP or IRS will determine if they have worked at least eight months on the books of the last tax year. If so, their Red Card will be upgraded to a Yellow Card. If less than eight months and they are not eligible for exceptions for injury, illness, parental leave, student status, uncompensated family care giver etc., they will be deported.
If, upon initial review, an undocumented person is found to have been working “on the
books” (even if by misrepresentation) they will be issued a Yellow ISP Card. They will continue to be subject to the payroll tax withholdings (like all other American workers) plus the installment payment of their “illegal entry fine.” If their annual immigration status review shows that they have not met the 8-month requirement and have no
allowable exceptions, their ISP card will be downgraded to Red.
Those found to be “Day Workers” who work for multiple “unenrolled employers,” will be
issued a Red ISP Card. They will be required to report their earnings and make quarterly payments similar to those among us who are “self-employed.” Annual review will determine if they are to be deported or upgraded to Yellow ISP Cards.
The Immigration Spotlight Program will attempt get all undocumented workers who are making a large contribution to the U.S. economy “on the books.” Their status will be constantly, predictably and consistently reviewed (like the status of all taxpayers is reviewed by the IRS).
Conviction for a felony against person or property will result in deportation.
Eventually, the “illegal entry” fine will be paid and the person will be issued a Green
ISP Card and be eligible to apply for citizenship following current guidelines.
Employers of improperly documented immigrants who are found to have been
knowingly paying immigrants “under the table” or “off the books,” will be fined for
violating employment law. Fine payment will follow employment tax withholding
schedule.
New immigrants can come to the United States if sponsored with an application fee from a
group, person, business, or other legitimate employer. Fee payment will follow employment tax withholdings schedule. They will be issued Yellow ISP Cards.
Obviously, the ISP will require a huge investment in a functional bureaucracy. The funds for the bureaucracy will be provided by the fines and fees required of immigrants and by diverting the funding that is currently going to the privately operated “concentration camps” and to the ICE storm troopers who are dismantling American democracy as we have known it.
For those readers who will look at this plan as a capitulation that will cause “Replacement Theory” to come true”: I have good news and bad news.
The bad news is; they are correct. The immigrants will replace “us.” The good news is; there is nothing to worry about. “Replacement Theory” has always been operating in America.
“Replacement Theory” has brought Irish, German, Japanese, French, Scandinavian, Greek, Italian, Mexican, Dutch, English, Russian, Chinese, Indian, Vietnamese, Somalian, Arab and countless people from other places to the shores of the U.S. Each generation of immigrants has replaced the generations that were here before them. They have all become part of what is now America. Only we do not call that historical reality “Replacement Theory”; We know it as “e pluribus unum.”
Paul Voiland lives in Montague Center.