White House staffers have spent August deliberating about what should go into the executive order the president is expected to issue after Labor Day: his do-it-yourself, go-it-alone version of immigration reform. The smart money is betting that the president will grant some sort of temporary legal status to as many as 4 million unauthorized immigrants.
This would be a huge relief for those who qualify and their families. There wont be a path to citizenship only Congress can provide that. But together with the presidents 2012 memo granting legal status to young people brought to the U.S. illegally as children, it could allow more than a third of the nations unauthorized immigrants to remain in the country and work legally without fear of being deported.
Immigrant rights advocates will be thrilled. Though they would like the number to be bigger, this is the fix theyve been fighting for, in some cases for more than a decade. But is it really a solution? The answer, sadly, is no.
An executive order mandating legalization alone wont address whats wrong with the immigration system. The danger is that once President Barack Obama acts, that may be the end of what Washington does to address the issue this year or for many years to come.
One-time legalization would do nothing to tackle the underlying cause: the dynamic that draws immigrants to come to the U.S. illegally in the first place supply and demand. Most people come to work, drawn by our need to fill jobs for which there are no willing and able Americans.
Some of these jobs require highly skilled employees Ph.D. scientists or IT technicians. But the overwhelming majority are for low-skilled workers: physically demanding, often outdoor work that holds little appeal, at any economically plausible wage, for increasingly educated American workers.
The problem is that under current law there is virtually no legal way for less-skilled foreigners to enter the country to work in year-round jobs. Because they cant get in the front door, they come through the back door illegally.
Obama is not the first policymaker to have trouble grasping this reality. Washington made exactly the same mistake once before, with the 1986 Immigration Reform and Control Act.
In the 1980s, as over the past decade, many reformers argued that any overhaul should include three core components: tougher enforcement of immigration law, some kind of legalization or regularization for immigrants living in the country illegally and changes to the legal immigration system including more worker visas to prevent future illegal immigration.
Immigrant rights advocates called for regularization in those days, it was officially called amnesty and they had the political power to back their demands. Then as today, immigration hawks drove a hard bargain: no amnesty without beefed-up enforcement and they had the muscle to get most of what they wanted.
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Obama's 'go it alone' immigration reform is a mistake