A Few Important Matters Missing in the Immigration Debate

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Guest Commentary
by Randy Berholtz

There are a few important matters that both  sides of the political aisle have not discussed involving the illegal alien amnesty issue:

Visa Lottery for Law-Abiding Aliens:  Like the 1986 amnesty, there needs to be a make-up lottery for citizens of those European and other countries that abided by our immigration laws.  The Immigration Act amendments of the 1960s were designed to replace racial and ethnic categories with country-specific categories, but Mexico, China and the Central American countries among others have overwhelmingly tilted our immigration to these immigration law-breaking countries in violation of the Act’s intended purpose.

Deny Legal Immigration to Those Illegal Alien-Sending Countries: Since Mexico and the countries named above have typically either ignored or blatantly disregarded our immigration laws for more than three decades, Congress should penalize them and deny their citizens slots in the legal U.S. immigration process in proportion to the number of illegal aliens from those countries.

Require New Visa Holders to Identify Their Illegal Employers, Landlords and Coyotes:  In order to really decrease illegal immigration in the future as the 1986 Act was supposed to do, it is important for all New Visa Holders to provide the INS with the names, addresses and contacts for any person or company who employed, housed or led them over the border illegally.  We can then take criminal and civil action against such parties.

Recoup the Costs of Illegal Immigration from New Visa Holders, their Home Country Governments Etc.:  New Visa Holders should be required to pay back with interest the full costs of any schooling, government assistance, healthcare, apprehension and the like relating to their illegal stays in the U.S.  In addition, Mexico and the other countries named above should provide the US federal government and the states with reimbursement for all such costs.  Indeed, fines should be assesses against such governments and the U.S.-based property of that country’s government and private citizens should be attached to pay such costs.  These fees and penalties would also offset the harm to any Americans especially poorer Americans hurt by the competition for such jobs posed by the New Visa Holders.

No Government Benefits and Affirmative Action for New Visa Holders:  Any New Visa Holder who receives a visa should not be eligible for any federal or state government assistance or for affirmative action programs of any kind as their enormous extra numbers would overwhelm such programs designed for America’s poor and working classes.

End the Guest Worker Programs:  If 11 to 20 million illegals are to be granted visas, there is no longer any need for guest worker programs.  Most of the New Visa Holders are low-skilled and they should take such farming jobs addressed by the guest-worker programs.

Negotiate Mexican Land Acquisition:  We should reopen Mexico’s offer after the Mexican-American War to purchase or acquire Baja California.  Since we will be effectively granting U.S. visas and citizenship to roughly 10 to 15% of the Mexican population, it is only right that in return, we should be given Baja or a similar Mexican territory.  Can you imagine the effect on Baja of the American rule of law and Californian innovation on that beautiful area?

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Randy Berholtz is an attorney in San Diego and an Adjunct Professor of Law at the Thomas Jefferson School of Law


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