We're seeing so much illegal immigration, maybe we should change some of our laws, at least to regularize the status of immigrants who have successfully built productive lives here. One suggestion is to have a statute of limitation on the crime of illegal immigration, That could work like common law marriage, after a long enough time, the status quo becomes legal.
The NY Times has the story:
Why Can’t We Stop Unauthorized Immigration? Because It Works. Our broken immigration system is still the best option for many migrants — and U.S. employers. By Marcela Valdes
"The three most recent presidents have tried and failed to fix the problem of mass unauthorized migration into the United States. President Obama tried to balance empathy with enforcement, deferring the deportation of those who arrived as minors and instructing immigration officers to prioritize the arrest of serious criminals, even as he connected every jail in the nation to Immigration and Customs Enforcement (ICE). President Trump emphasized enforcement at all costs: revoking deferred action for minors, declaring the arrest of every undocumented person a priority, separating migrant families and trying to terminate temporary protected status for about 400,000 people — though Trump also extended deferred action to about 200,000 Venezuelans during his last full day in office.
"So far, President Biden has revived the empathy-and-enforcement strategy: resuming deferred action for minors and helping Venezuelans while also making it more difficult to qualify for asylum.
"But these variations in policy have had almost no effect on the number of migrants trying to enter the United States through the Southern border. Obama and Trump chose mostly opposing strategies, but each prioritized the arrest of unauthorized migrants in the Rio Grande Valley. Yet in 2019, before the pandemic gave Trump legal standing to force asylum seekers back into Mexico, Customs and Border Protection (C.B.P.) arrested about 82,000 more migrants there than they had at the peak of migrations in the Obama years.
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"Until the 1920s, America received migrants with an almost open border. Our policies emphasized regulation, not restriction. A few general categories were barred from entry — polygamists and convicted criminals, for example — but almost everyone else was permitted to enter the United States and reside indefinitely. The move toward restriction began in 1882 with laws that targeted the Chinese then evolved to exclude almost every other national group as well.
"Legal immigration today is close to impossible for most people. David J. Bier of the Cato Institute recently estimated that around 3 percent of the people who tried to move permanently to the United States were able to do so legally. “Legal immigration is less like waiting in line and more like winning the lottery: It happens, but it is so rare that it is irrational to expect it in any individual case,” he wrote in a comprehensive review of the current regulations. He concludes that “trying the legal immigration system as an alternative to immigrating illegally is like playing Powerball as an alternative to saving for retirement.”
"In other words, illegal immigration is the natural consequence of the conflict between America’s thirst for foreign labor and its strict immigration laws. The world’s increasing connectedness and fluidity have just supercharged this dynamic. There are now more than 11 million undocumented immigrants inside the United States, three times the number that lived here in 1990. And during the last fiscal year, the number of C.B.P. arrests in the Rio Grande Valley hit a record: more than half a million.
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"Among academics, another idea keeps resurfacing: a deadline for deportations. Most crimes in America have a statute of limitations, Mae Ngai, a professor of history at Columbia University, noted in an opinion column for The Washington Post. The statute of limitations for noncapital terrorism offenses, for example, is eight years. Before the 1924 Immigration Act, Ngai wrote in her book about the history of immigration policy, the statute of limitations for deportations was at most five years. Returning to this general principle, at least for migrants who have no significant criminal record, would allow ICE officers and immigration judges to focus on the recent influx of unauthorized migrants. A deadline could also improve labor conditions for all Americans because, as Ngai wrote, “it would go a long way toward stemming the accretion of a caste population that is easily exploitable and lives forever outside the polity.”
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