One of the most contentious issues in the debate over immigration reform is how to deal with the estimated 12 to 15 million illegal aliens in the United States. Supporters of "comprehensive" reform often falsely present the issue as a choice between permanent legalization and the forced deportation of each and every illegal immigrant. As the latter is unacceptable, the only reasonable position, "comprehensive" reform proponents contend, is legalization, the approach adopted by the amnesty provisions of the Senate's immigration legislation.
The "legalization" approach is deeply flawed; it has been tried before and failed miserably. The better solution is to rely on law enforcement and market forces to end America's addiction to undocumented labor and to create legitimate opportunities for immigrants to continue their contributions to keeping America safe, free, and prosperous.
As part of this superior approach, the Department of Homeland Security (DHS) has recently initiated a pilot program to encourage those unlawfully present to leave voluntarily. Congress should build on this initiative with measures creating better alternatives to illegal immigration.
Enforcing the Law Works
Enforcing immigration laws is essential to restoring respect for the rule of law. Recent research suggests that enforcing U.S. immigration law deters individuals who either illegally entered the country or over-stayed their visa from remaining unlawfully in the United States. For instance, a study by the Center for Immigration Studies reports that—as a result of increased efforts to enforce immigration laws—the unlawfully present population has dropped by over a million.
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An Opportunity for Congress
Congress should monitor the effectiveness of the pilot program and consider how it could assist in building a national program to help voluntarily reduce the unlawfully present population while providing further incentives for lawful migration. Such assistance should include:
-- The Creation of a National Trust for Voluntary Return. Once the United States has operationally secure borders and reasonable legal opportunities for visas, green cards, and access to a true temporary worker program, many of those who are unlawfully present would willingly return to their countries of origin, and take steps to return to the United States to live and work legally. To assist them, immigration reform legislation should establish a program of financial assistance to help illegal aliens return to their home countries. This should be a privately run, community-based volunteer program administered by a private commission with government oversight and funded by private donations. The trust's funds could be drawn on by accredited NGOs that would use the funds to assist individuals to return voluntarily to their places of origin.


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