On immigration.
I had a professor in college that spent an hour answering a question from a student about a recent law that had been proposed, I never forgot what I learned. He said that good laws are not avant garde, they do not try to create a new political reality. It is impossible, he explained, to legislate better political conditions into place. Good laws, according to this view, are ones that take the best practices, and best examples of current behavior and try to bring the norm up toward their stature. Something like that was the point of his discussion. He kept on repeating, legal reality, political reality, so many times I think we all got the idea.
Our current immigration situation is the result of a lack of persistent monitoring and evaluation of the national immigration program.
If INS has been doing this, the lawmakers must have never asked them about it, because it sure doesn't show. Some sort of regular review of the immigration policies, and tweaking of their finer points, has gone on, but it has not been enough. The important questions about illegal workers, and border issues were left out, and the resulting political reality has digressed to a point where the legal reality is
too far behind trends in society. It is clear now that something that needs to change, and fast. Drastic, urgent changes are going to be made. They need to be made.
Now, what can that change entail? Anything we want? Are we, or are we not powerful enough to make any law happen? If it is the will of the people? Perhaps, but the social cost will be severe, and while the diplomatic cost should be a lesser consideration, it could be even worse. My view is that, among other things, the reform must include granting legal status to all illegal immigrants in the country, and opening the door for many who want to come in. This is important from a political reality standpoint, it is not possible to
round 'em all up and
hog-tie 'em and toss 'em back over the Río Bravo. Businesses need these people, and traditionally they are the ones who make or break immigration laws, at least since WWII. Businesses are not supposed to make our laws, but the jobs they give are the main incentive for people to come. That perverse transaction has to be modified.
First, if, after reform, currently illegal residents remain illegal, the human-rights-only limbo our legal system has left for them, which does not protect them like it does legal residents, and citizens, will most likely stay in effect. I predict it will only get worse. My view is that all people have some basic human rights, but in the USA it is hard for government to protect those rights. Because their status is still "illegal", many poor workers and their families are treated as less than human. I know some who are legal and are treated this way because of language, or their race, but that is another issue. The current situation is a crime. What ever happened to the minimum wage? To 40-hour full-time work weeks? To workplace safety? The current immigration laws leave many business owners to become criminals, breaking community values, laws, and going against human rights principles. Reining in the situation requires a different way of looking at our new settlers. A good law will take steps toward creating a labor law situation where people here illegally are treated legally, by the law and employers. How that is done is not the point of this point, just that it is very important on its own. (Social)
Second, in the book "The Mystery of Capital, Why Capitalism Triumphs in the West and Fails Everywhere Else", laws are analyzed over history that deal with squatting, and other similar, illegal practices, and the best ones are praised, the others, criticized. The book recounts a view of American history showing how mercifully turning informal (illegal) political phenomena into legal ones has made a stable political situation out of chaos. It also tells the much sadder story of how punishing informal (illegal) activity and asking people to jump through too much red tape, didn't. The point of the book is that governments that make bad laws that make it hard for illegal behavior that competes with legal behavior to legalize, they only create an incentive to break the law. This incentive is what must be removed, he argues, to promote development. Development is seen as economic freedom (the author is an important libertarian, I am neither). Good examples are given of what can be done. It is the continuation of another book, The Other Path, and both are quite good, and offer a good pro-Capitalism, anti-Communism argument, with a strong base in Heterodox Economics, to make it make sense to Marxists. Essentially, if his assumption is taken to its final conclusion, by making good behavior easier than bad behavior, (and I would add, giving proper incentives for people to not behave badly), laws can begin to improve the economic reality of a country. If good behavior is made unattainable, and bad behavior continues to be punished, and red tape is used as a policy tool, the economic reality suffers. In terms of immigration law in the US right now, if "stronger" laws are passed businesses that were already breaking the law will be breaking more laws, and may have an incentive to act even further outside of the law themselves. No less important is the fact that the main immigrant groups in question in the US are from the countries where the informal economy is still much too strong. For the government to promote economic development in light of the current immigration situation reforms should be made that bring people in, and help businesses legalize their workers, and help border crossings work for economic refugees in a way that gives them an incentive to keep the law, and not bid down their rights to get more money. (Economic)
Third, many businesses are already getting further and further from the law. We have sweatshops in our country now run by illegal immigrants, illegally employing illegal immigrants. Sounds scary but to them it is an opportunity, the pay is still way better. There are also companies that are owned and operated legally, and pay benefits, owned by and employing illegals. Sounds better, but is still not ideal in view of point one. The question is, can North America become bilingual and not just turn into another part of Latin America? Chile is sure bilingual. In my grad-school program in Chile there were assigned readings for classes, in English. I asked, and no one needed help with them, they were used to it, they said. Many of them spoke fluent English. In Argentina too, the few wealthy people my age I met all spoke English. In Peru too. In Bolivia, well I hardly saw any wealthy people in Bolivia. Just like anywhere else the US political system deteriorates as it becomes more illegitimate. It becomes illegitimate when labor laws that we need to protect poor workers, and businesses are beyond reproach. A legitimate political solution could show the domestic political power of the US government. It would bring illegal companies
back into the fold, and put labor laws
back on the books, and be a dynamic political reaction to current trends.
Anyway enough essay, back to the blog.
I am sorry for the pseudo-pro or pro-minutemen group among my possible readers, but in browsing for info on Vicente Fox's visit to Seattle and Salt Lake, I stumbled on a page where they were organizing a protest, and frankly it seems like they are the same people I saw on the white supremacist site I saw looking for forums on help navigating immigration rules. They talk the same way, have the same conclusions, even use similar screen names. Let's not fall for that. Oh, illegal immigration is wrong,
"it's wrong, it's wrong, it's wrong, you prod along,
but so is speeding
and I see you
speed every
day in that
truck."
If the laws get tougher, the people with the types of businesses I mentioned in my third point will have to bribe and mafia their way through the red tape to keep operating. Because there is always an incentive for low prices. If the laws get smarter, then maybe they will be lured closer to legality, or even better, become totally formalized. Although we may have a lower standard, for now, at least it could be more easily attained, than now how it seems as if the government were complicit in illegal behavior to undercut the working class. And that is a bad political reality!
The lines on a soccer field don't change the reality that there is grass on the other side, they just give a guideline for the best way for the game to be played. If players are going out-of-bounds a lot, and getting away with it, it might be good to paint the lines again, or to put up flags in the corners. But if you try and tell the ref to give players yellow cards for it, and leave the lines blurred, you put everyone in a worse position than if you just left it alone.
Do we want inequality in our country to get worse? Or do we want it to improve?
If we want it to get worse, we can pretend to be able to "get rid" of some poor workers, and still keep them here all the same, because they are part of our society, and allow them to keep the bad examples in business society bad, and make things worse for the working class. Simply making tougher laws is silly if our current stiff laws are already going unenforced. That is when the law becomes idealistic. It becomes unrealistic. If we want the inequality situation in our country to improve, we can do it by showing that our legal system works better than the one in Mexico and other poor countries, and that our poor country can at least organize itself to give incentives and prizes for following the rules. Isn't that what rules are for?