If Immigration Reform Ever Passes, It Will Fail (Again)

Perspective: By David Swaim LatinaLista

As we watch the Republicans in the House of Representatives continue to dither over immigration reform, and anti-immigration and pro-immigration groups continue the culture war over this issue, it is important to realize the issues being debated are not the cause of illegal immigration nor are the proposals a solution.

Fundamentally, the immigration problem in the U.S. is a problem of labor. Until Congress decides to address this underlying, fundamental issue, illegal immigration will continue.

The History of Immigration Reform

In 1986 Congress faced a very similar problem. Approximately six million undocumented aliens were working in the United States (including family members). Interestingly, many of those undocumented workers were in the process to obtain permanent residence but the quotas had been overwhelmed and the waiting periods extended from five to ten years. But at least there was a legal option available to employers to legalize their employees.

Congress decided to reform this process by granting legalization/amnesty to a large percentage of those six million people. Congress also passed the employers sanctions law as part of immigration reform which supposedly placed the burden of controlling illegal immigration on employers.

Even if we assume the legalization program was a success, by granting permanent residence to millions of undocumented workers, Congress did not provide for any future mechanism for employers to hire unskilled, semi-skilled and skilled workers from outside the U.S.

Although the issue of granting access to the U.S. labor market by foreign nationals is complicated and contentious, the bottom line is that U.S. employers rely on the foreign labor pool, especially from Mexico, to fill many of these types of jobs.

If Congress does not provide a legal method for employers to employ these individuals, the labor market simply disregards the law and forces employers and employees to engage in illegal conduct. In short, employers in the U.S. cannot find enough U.S. workers to fill these positions and the employees from other countries, particularly Mexico, need those jobs.

The law of supply and demand does not adhere to borders or edicts from Congress; at least for long. This may sound very basic but it is critical to understanding how we arrived in 2014 with over 11 million undocumented workers and their families.

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If Immigration Reform Ever Passes, It Will Fail (Again)

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