Table of Contents
Introduction
Categories of Immigrants and Visitors
How Many to Admit?
Visitors
Resident Aliens
Refugees and Asylees
Illegal Aliens
Employment
Citizenship and Political Activity
Background Checks
Federal Assistance to Aliens
Border Protection
Introduction
Immigration has recently been a hot topic in the United States, a nation founded by immigrants, with some people demanding unlimited open borders and instant citizenship for everyone, while others demand dramatic reductions in the number and variety of immigrants allowed. A few seem unaware of their cognitive dissonance, saying they do not support open borders while opposing any attempt to enforce immigration laws. But the vast majority of Americans, regardless of political party, support limited legal immigration, and accept that limits are meaningless without enforcement.
Economic theory and experience indicate that, on the average, immigration enhances the overall wealth and well-being of the citizens of the United States. Immigrants often arrive with new ideas and an entrepreneurial spirit that further contribute to our economy and opportunities. But we should also look at immigration’s non-economic impacts and it’s effects on individuals.
Problems arise, for example, when a citizen is displaced from a job by an immigrant. If an immigrant produces as much for a lower wage, then most Americans benefit from the resulting lower prices and increased ability of Americans to export and receive income from other countries, but that does not help the displaced individual. However, the amount of available work is not fixed, and a free market will eventually create enough jobs to utilize all available workers. Creating jobs takes time and planning, so admitting a predictable, limited number of immigrants can help reduce, but not totally eliminate, the incidence of displacement. (U.S. labor markets are not completely free, but that is a different topic.)
Immigrants often fail to understand the U.S. culture and political system, and Americans often fail to understand the cultures of the immigrants. This can lead to social and political strife in affected communities. The U.S. culture has proven ability to absorb a steady stream of immigrants from a variety of backgrounds, but a large number of immigrants from the same region in a brief period concentrated together may slow the assimilation process and provoke friction with neighbors. Therefore it makes sense to limit immigration to numbers that experience has shown can be assimilated without causing excessive unrest.
This plan suggests a reasonable simplified immigration plan that recognizes the benefits of immigration while establishing limits to reduce associated problems. The plan allows for different categories of immigrants, but reduces the number of categories and associated rules. The 14 to 15% range of foreign-born suggested by the plan is close to current numbers. At this current high level, the population appears to be assimilating successfully, though with some friction. Maintaining a steady target level provides a balance between the benefits and difficulties associated with immigration.
Suggestions for improvement of this plan are welcomed.
Categories of Immigrants and Visitors
While each immigrant is unique, immigrants can be sorted into four main categories: visitors, resident aliens, refugees/asylees, and illegal aliens. (For those who got their education watching sci-fi movies, the word, “alien”, means a citizen of one country who is in a different country. It has nothing to do with people from outer space. There are no people from outer space.)
Visitors are people who legally enter the United States with intent to leave again by some defined date in the future. They come for many different reasons. Some stay only a day or two and others remain for years. Currently, the U.S. has 84 confusing categories of visitor visas. According to the U.S. Travel Association, the U.S. hosted almost 80-million visitors in 2019.
Resident aliens are people who legally come to the United States to live and work for an unlimited period of time. Many eventually become U.S. citizens. The U.S. has 14 different categories of resident aliens. According to the U.S. Department of Homeland Security, an estimated 14-million legal permanent resident aliens lived in the U.S. in 2019.
Refugees and asylees are people allowed into the United States to escape danger in their home countries. Refugees ask for admission before arriving at the United States. Asylees arrive at the the United States before asking for admission. Data from the National Immigration Forum shows the number of refugees admitted each year varying widely with over 200,000 admitted in year 1980 and fewer than 20,000 in year 2020.
Illegal aliens are people who enter or remain in the United States in violation of the law. Many illegal aliens arrive legally on visitor visas, but fail to leave at the end of their visits. Others enter the country illegally by, for example, crossing the border at a place other than at an official border crossing. A few illegal aliens are brought into the country as children and grow up in the United States. No one knows how many illegal aliens live in the United States, but one commonly-cited estimate is 11-million.
How Many to Admit?
The total number of foreign-born living in the United States should be targeted at 14 to 15% of the total population, with numbers of available visas automatically adjusted to maintain that range. This count of foreign-born includes naturalized citizens, resident aliens, refugees, asylees, long-term visitors, and illegal aliens, but not short-term visitors, itinerant visitors, or exceptional visitors.
The total number of visitors, refugees, and asylees in the United States should not exceed 5% of the number of citizens on an annual average. The proportions within that 5% may be set politically with consideration of relative demand. Exceptional visitors should not exceed 5% of the total visitors.
Generally, applicants from all parts of the world should be considered for admittance on an equal basis. To deal with emerging issues, the president should have authority to temporarily restrict immigration from a certain country or region of a country for not more than a year with the restriction renewable not more than four times without congressional approval, to ban specific individuals, and to expedite visas for specific individuals.
Visitors
We currently have a large number of visitor categories, depending on the purpose of the visit, with different rules for each. The purpose of the visit should not be a consideration in granting visitor visas, as long as the purpose is legitimate. Visitor categories should be simplified into four: short-term, long-term, itinerant, and exceptional.
Visitors planning to remain in the United States 90 days or less can be considered short-term visitors. Visas for short-term visitors should be offered for sale on a first-come-first-served basis at the highest price-per-day that will fill the annual quota.
Those visiting longer than 90 days, but less than one year can be considered long term visitors. Long-term visitor visas should also be offered for sale at the highest price-per-day that will fill the annual quota, and should be renewable, not to exceed three renewals. (An exception to the three-renewal limit is addressed later in the plan.)
Visitors from neighboring countries who repeatedly visit the U.S. for short periods throughout the year can be considered itinerant visitors. These visitors may frequently cross the border to work, shop, attend school, or visit relatives, returning to their home countries in a few days, or even the same day. These visas should be annually renewable. Itinerant visas will mainly be useful to those living in Mexico, since Canadian citizens may already enter the U.S. without visas. Those with itinerant visas will pay the daily long-term-visitor rate for the days they are actually in the U.S. Reduced rates may be offered for visits of less than one day.
Exceptional visitors are those for whom an exception from the above requirements has been made. Examples include brief extensions for visitors who cannot leave the country on schedule due to unforeseen circumstances such as a mechanical breakdown, storm, or illness. Additional exceptional visitors may be admitted on an individual basis without a fee by order of the president.
Applicants for visitor visas should be charged an application fee as well as the visitor fees discussed above. Visitors who apply for residency during a visit should be considered on the same basis as other applicants. Time spent in the U.S. as a visitor should not count toward the residency requirement for citizenship. Visitors should be required to notify authorities when leaving the country so accurate records can be maintained.
Resident Aliens
Resident aliens are non-citizens who remain and live in the United States for long, indefinite periods of time. Many may live the rest of their lives in the U.S. There should be three lists for admission of resident aliens, with approximately one-third of the total annual quota filled from each list: a main list, a paid list, and a sponsored list. An individual who both pays the full fee in advance and has a citizen sponsor may appear on both the paid and sponsored lists. The main list should include all applicants, including those on the paid and sponsored lists.
Those on the paid list should be charged an admission fee high enough so that the number of applicants approximately equals the paid-list quota each year. The entire fee should be due with the application, but be refundable if the application is rejected. In filling the quotas for the year, the paid list should be considered first with qualified applicants accepted on a first-come-first-served basis.
An applicant on the sponsored list must have a U.S. citizen sponsor. The total admission fee is the same as for the paid list, but only 10% is due with the application and the remainder may be paid in 9 annual increments following admittance.This fee is refundable if the application is rejected. (An applicant who pays 100% of the fee in advance and has a citizen sponsor can be on both the paid and sponsored lists.) In filling quotas for the year, the sponsored list should be considered second, after the paid list, with qualified applicants accepted on a first-come-first-served basis. By considering the sponsored list second, we allow applicants who are on both the paid and sponsored lists an additional chance of being admitted in a given year.
After the quotas of the paid and sponsored lists have been filled, the main list is considered with qualified applicants admitted on a first-come-first-served basis. As this list includes the other two lists, applicants who were not admitted on the first two lists have an additional chance of being admitted. This list also allows those who do not have a sponsor and cannot pay an admission fee a chance of being admitted.
In addition to the admission fees mentioned above, all categories should be charged a non-refundable application processing fee.
Refugees and Asylees
Verification of refugees and asylees is inherently subjective, as it involves assessing the degree of danger that an individual faces in his/her home country, and conditions around the world are constantly changing. For that reason, it is not possible to make a law that will clearly identify who is and is not a true refugee or asylee. In recent years many of those caught sneaking across the border illegally have claimed asylee status with little or no supporting evidence. The law should establish general principles that the administration and the courts must adhere to in deciding who is and who is not a refugee or asylee, but should leave the president latitude to establish policies to fill in the details. In choosing a president, voters can consider the candidate’s stance on admitting refugees and asylees.
Asylum applicants should be allowed to remain in the United States while waiting for their cases to be heard, but those caught sneaking over the border illegally should be kept in custody pending their hearings. These hearings should be expedited so that the applicants do not have to wait too long in custody. Asylum should be denied applicants who passed through another safe country on the way to the United States without attempting to attain asylum there. Individuals receiving asylum in other safe countries should be eligible to apply for refugee status in the U.S.
Refugee and asylee visas should expire after one year. Those who have applied for resident alien status should be allowed to renew their refugee or asylee visas while their resident-alien applications are under consideration. Those who have been denied resident alien status or have not applied should have their cases reviewed prior to each expiration to determine if sufficient danger in their home country still exists to justify renewing their visas. Time spent in the United States under a refugee or asylee visa should not count toward the residency requirement for citizenship unless the individual is later granted resident alien status.
Illegal Aliens
There is no point in having immigration laws unless they are uniformly and consistently enforced. Therefore we need a plan to deal with those who are in the country in violation of those laws. Under the laws of the United States, individuals are considered innocent until proven guilty, and immigration laws are not exempt from this principle. Those accused of illegal immigration should be afforded full due process of law. Those in the country illegally should be allowed to report crimes and testify in court without risk of punishment or deportation for doing so.
Those caught illegally crossing the border into the United States are often those who could not pass the background check to obtain a visa, and should therefore be considered high-risk and detained awaiting trial. Those awaiting trial for overstayed visitor visas may be lower risk, as they have been through background checks, but have little incentive to show up for trial, and therefore should be released only subject to substantial appearance bonds. In either case, convicted individuals should face potential imprisonment or substantial fines and be subject to deportation.
Sneaking across the border illegally is dangerous and every year people die trying to do so. Bringing a child across the border illegally is prima facie evidence of child abuse and should be treated as such. If those adults can prove that they are the parents or guardians of the child and successfully complete a parent-education program while in prison, they should be offered the opportunity to choose to take their child back with them as they are deported. Otherwise the child should remain in the U.S. under the care of relatives or foster parents pending adoption. Those who remain in the U.S. illegally with their children after their visas have expired should likewise have the opportunity to choose to take their child with them when they are deported or to leave the child in the U.S.
Children who entered or remained in the U.S. illegally may remain in the U.S. under annually-renewable long-term visitor visas without paying the normal fee, and without being subject to a limit on the number of renewals. Children who were in the U.S. and who were subsequently adopted by either U.S. citizens or by resident aliens who became U.S. citizens before the child reached age 18 should be eligible to apply for resident alien status with the potential to eventually become citizens.
Other adults who originally entered or remained in the U.S. illegally as children under adult control may obtain long-term visitor visas at the regular annual price without being subject to quotas or a limit on number of renewals, but should be ineligible for resident alien status or citizenship.
If a state chooses to issue permits or licenses to illegal aliens, those permits and licenses should not be valid in other states. Adults convicted of illegally entering or remaining in the U.S. should be banned from obtaining future visas.
Employment
For all types of visas, Federal law should allow anyone legally in the United States to work for compensation or operate a business while here, but this should not prevent states from enacting laws limiting employment of aliens.
Illegal aliens should be banned from paid employment, however, employers should not be required to verify the legal status of applicants before hiring. Employers who knowingly and intentionally hire illegal aliens or who knowingly continue to employ them after learning they are here illegally should be subject to fines for each day they employed the individual after they knew or reasonably should have known based on available information that the employee was here illegally.
Citizenship and Political Activity
There has been recent controversy about citizenship by birth for those born in the United States of parents who are visitors, refugees, asylees, or illegal aliens. It is said that these individuals are not “under the jurisdiction” of the U.S, within the meaning of the U.S. Constitution and therefore need not be granted citizenship by birth. Such children should be offered long-term-visitor status renewable without charge until age 18, and at the normal price thereafter, with the opportunity to apply for resident alien status which provides a path to citizenship.
The current naturalization system seems to be working well and should be retained.
Under current U.S. law it is possible for an individual to hold dual, or even multiple, citizenships. This is not a problem for most activities, but those who wish to become involved in U.S. politics should owe their national allegiance to the United States and no other. Therefore, states should require citizens to renounce all foreign citizenships before being allowed to vote, and the U.S. Constitution should be amended to require candidates to renounce all foreign citizenships before holding elected or appointed federal office.
Non-citizens should not be allowed to make political donations. Neither should organizations that engage in political activity be allowed to accept contributions from non-citizens.
Background Checks
All applicants for visits, immigration, refuge and asylum should be required to pass background checks. In addition to checking for criminal or subversive activities, the checks should attempt to confirm that the applicant is willing to accept, or at least tolerate, the culture, and political and economic systems of the United States, such as freedom of speech and religion, equality of the races, prohibition of bribery, private property, and employment at will.
For applicants from chaotic regions, particularly applicants for asylum or refuge, there may not be enough reliable information to conduct a thorough background check. It may be possible to admit some of these applicants subject to additional monitoring and frequent check-ins with authorities.
Federal Assistance to Aliens
Aliens of any category should not be eligible for assistance from federally-funded benefit programs that apply to citizens. States that wish to provide benefits to aliens without federal funding may do so. Assistance should be provided to aliens who wish to return to their home countries but lack the resources to do so. Short-term emergency medical assistance should be available to visitors to stabilize them for return to their home countries.
Border Protection
Thirteen U.S. states border on Canada, four on Mexico, one on Russian waters, and 22 on international waters. In all, the U.S. has approximately 283 border counties, depending on how one counts bays and inlets. Each of these counties is unique. Rather than impose one-size-fits-most border protection plans from Washington, D.C., we need to develop a separate border protection plan for each border county in cooperation with state and local officials, and with local residents and landowners. Those plans can include standardized components that may be included or omitted as appropriate, and they can include unique components for specific counties. A plan might include a wall for part of the border, and just a monitoring system for another part. Some places may only need marker stakes or buoys. Local citizens can assist by acting as eyes and ears in the community. Planners may suggest an additional border crossing to ease legal entry and exit from their county.
2021/02/21 Posted
2021/02/27 & 2021/08/09 Corrections
2022/01/18 The plan does not address what to do with the funds collected. The application fees should cover the cost of operating the system. The other fees collected should go into the redistribution fund described in my plan for taxes and redistribution.