Immigration: Not Whether But How To Reform
By U.S. Congressman Ed Case

America's heritage and strength is grounded firmly in our immigrant tradition. Our own Hawaii was uniquely molded by generations of immigrants, and today a fifth of us were not born Americans, third highest nationwide.

But immigration has become at best dysfunctional: too hard legally and too easy illegally. As we continue our complex, crucial and long-overdue debate, these are the facts, issues and options and some thoughts.

The basics date to 1790. To start, persons born in the United States, or born abroad to American citizens, are automatically citizens. This accounts for 95% of all citizens.

The other 5% are naturalized; they became American citizens after birth, about 500,000 annually at present. Eligibility for naturalization, via permanent residence (green card), is by category and "preference."

Our naturalization goals have been to reunite families (66% of current admissions), meet workforce needs (16%), provide refuge from persecution (8%), ensure immigrant diversity (5%), and fulfill other purposes (5%.) Major countries of origin are Mexico, China, the Philippines, India and Vietnam. Our Hawaii has our nation's highest naturalization rate, mostly from Asia.

The wait for legal entry can be relatively short to painfully long. For example, while immediate relatives are fast-tracked, unmarried adult sons or daughters from the Philippines have now been waiting fifteen years; married even longer.

We also permit others to enter our country temporarily to work, study or visit. The vast majority are business or pleasure visitors; under 10% are students and temporary workers.

Otherwise, it is, and always has been, illegal to enter our country or to stay longer than permitted. Yet that's what millions have done and are doing.

Accurate numbers are impossible because illegal immigrants avoid counting and we still don't track departures. The best estimate is ten to fifteen million. Hawaii's numbers appear disproportionately lower; one six-year-old estimate was 2,000 illegal immigrants, but it is probably significantly higher today. We are apprehending and returning over a million illegal immigrants annually, 98% from and back to Mexico.

It is similarly illegal to work in our country unless specifically permitted, and to employ illegal immigrants. Yet clearly many illegal immigrants are working, and many employers are employing them, either knowingly or because the only pre-employment verification of citizenship required is a social security card, forgeries of which are easily available.

How much illegal immigration costs is hotly debated. Segments of American business - especially agriculture, hotel/restaurant and construction - are benefiting from low-wage labor . But illegal immigrants tax education, health care, law enforcement and other services provided by government and others for citizens and legal residents. Fifteen-year-old studies estimated $2-20 billion in net costs annually to government.

And there are heartbreaking real-life consequences as well. For example, a couple with two young children approached me quietly after one of my Talk Story community meetings. They had overstayed their visas fifteen years ago looking for a better life, become contributing members of our community, had children who were American citizens, been discovered and were to be deported. Yes, one could say they took the risk and got caught, but what about their kids?

This is obviously a system sound in principle but broken in practice. There are four major issues presenting various options.

First, how do we prevent illegal immigration? There are three clear pukas: border enforcement; employment/benefit enforcement; and departure enforcement.

The border involves whether we will increase currently inadequate resources to enforce our laws, especially along the U.S.-Mexico border. Employment and benefits involve whether and to what extent employers and providers should be required to confirm legal status up front. Departure involves whether we should track not just who comes in but who leaves our country as many other countries do.

Second, what about the ten million-plus illegal immigrants already here? Some want "amnesty," a one-time forgiveness, while others propose legalization over time and on conditions, and still others say no special treatment. Related, how do we ensure the humanitarian needs of illegal immigrants and the efforts of our communities of faith, nonprofits and others to minister to them?

Third, should we institute a formal "guest worker" program as other countries have done under which larger numbers of workers are permitted to enter for longer periods? Subissues are whether present illegal immigrants must first depart before seeking legal guest worker status and whether guest workers can eventually seek naturalization.

Fourth, should we expand legal immigration? If so, in what categories?

All tough issues, with differing opinions, vested and competing constituencies and no easy answers. And it's deja vu all over again: in 1986 we enacted "reform" that granted amnesty to five million illegal immigrants and promised but didn't deliver border and employment enforcement; look where it got us.

Last year, however, we started anew by enacting the "Real ID" law requiring proof of citizenship or legal residence for issuance of drivers' licenses, and the U.S. House passed a bill focused on prevention by boosting border enforcement and requiring employer preverification. The Senate recently failed to agree on a general approach including border and employment enforcement, plus guest workers and a form of earned amnesty, while the President is focused on guest workers. With both House and Senate required to agree eventually on a single bill and the President threatening veto, the outcome is anything but certain.

We must continue to pursue real immigration reform. As we proceed, I have these guideposts:

-Repeating the past won't work any more than the past worked.

-Only a comprehensive and integrated solution will hold up over time.

-To ignore enforcement invites disrespect for our laws overall and is not fair to those waiting patiently for legal entry (nor their American citizen sponsors.)

-Without real deterrence of further illegal immigration, at the border and the benefit and employment lines, unauthorized entries and overstays will only accelerate (why I voted for the Real ID and House bills last year.)

- Neither universal amnesty nor universal deportation for current illegal immigrants will work; different rules should apply to different categories of illegal immigrants, ranging from possible earned residence/naturalization for some to return for others.

-Legal immigration should be accelerated, especially for family reunification.

- We are already able to expand legal immigration or temporary residence to accommodate clearly-demonstrated worker shortages.

- We should not criminalize humanitarian assistance of illegal immigrants by good-faith providers.

Above all, we cannot allow the debate to descend into ethnic or social or class division, but must stay focused firmly on what's best for our country today and tomorrow.

Immigration can continue to be a hallmark of our Hawaii and America, but only if we reformulate reasonable, enforceable and sustainable policies. This takes acknowledging difficult realities, balancing competing constituencies, making difficult choices and looking to the future. If we do, we will be far stronger for it.