What to do about illegal immigration? Too many people are paralyzed
by the magnitude of the problem, and figure that since we can’t deport
them all, we’ll have to bite the bullet and let them all stay legally —
i.e., give them amnesty.
But this is a digital (on-or-off, one-or-zero) approach to an analog
problem. Our goal should not be a magical solution that eliminates
illegal immigration, but rather a real-world solution that reduces it
over time.
This approach — which has come to be called “attrition through
enforcement” — involves a program of consistent, comprehensive
application of the immigration law (something we have never attempted),
not only at the borders, but also at our consulates overseas and at
worksites and elsewhere inside the country. The aim is to reduce the
number of foreigners sneaking in to the country (or overstaying visas)
and at the same time increase the number of illegal immigrants already
here who go home — some forcibly through deportation, but most
voluntarily, through what might be called self-deportation. By
engineering a steady decrease in the total number of illegal aliens,
instead of the continual annual increases we’ve permitted over the past
two decades, we can back out of a problem that has taken many years to
develop.
But can it work? In particular, can illegal immigrants be induced to pack up and go back?
The evidence is in and the answer is “yes.” The Bush Administration
began with a deep hostility toward immigration enforcement and a
commitment to amnesty. But as the drive for amnesty was stopped by
public outrage, the Department of Homeland Security has been given the
green light to actually do its job. There have been significant
increases in detention capacity, Border Patrol agents, border fencing,
deportations, and local jurisdictions cooperating with federal
immigration authorities. Perhaps most important have been the efforts
to turn off the jobs magnet that attracts illegal immigrants and keeps
them here. Worksite arrests have grown five-fold since 2004 and the
E-Verify program, a voluntary online system which enables employers to
identify illegal workers, has been ramped up significantly and now vets
more than 10 percent of all new hires. Arizona this year has started
requiring use of E-Verify by all employers in the state, and soon its
use will be a requirement for federal contractors as well.
The results of this stepped-up enforcement were reported by the
media in story after story quoting illegal immigrants saying that they
were packing up and leaving because of the new enforcement climate. But
data was hard to come by, since the enforcement push was so new.
Now there is research showing that attrition through enforcement
works. A new report from the Center for Immigration Studies (which I
head) used Census Bureau surveys to estimate that the illegal-immigrant
population has fallen from a peak of 12.5 million in August of last
year down to 11.2 million this past May, a drop of 1.3 million or 11
percent. This decline is at least seven times larger than the number
people removed from the country by the immigration authorities during
that period, meaning that most of the drop was due to illegal
immigrants deporting themselves. If that rate of decrease were to
continue, the illegal population would be cut in half in five years.
So far, so good. But did enforcement contribute to the decline or
was it driven just by the weakening economy? Though the slowdown in
construction and other industries no doubt contributed to the decline,
there are several reasons to think that enforcement was a major factor
in the decision of illegal immigrants to leave. First of all, the
decline in the number of illegal immigrants started before their
unemployment rate increased; in the past, much smaller dips had been
seen in the illegal population, but only after their unemployment rate
increased — which stands to reason, of course. What’s more, only the
illegal population declined; the number of legal immigrants continued
to grow.
And the enforcement climate is determined not only by actions but
also by words — especially the words of lawmakers debating immigration
policy. It seems that the number of illegal immigrants actually spiked
last summer as the Senate conducted a high-profile debate on the
McCain-Kennedy amnesty bill. That debate was widely reported in the
immigrant media, which presented amnesty as an inevitability, the
culmination of several years of activism backed by all the major
institutions of American society. When instead the legislation failed
spectacularly in the Senate, as the result of an unprecedented public
outcry, those amnesty expectations were dashed, casting the enforcement
push in a whole new light. As a result, the illegal-immigrant
population began to drop almost immediately.
The challenge will be to maintain this new enforcement climate under
a new administration. After all, 90 percent of illegal aliens are still
here, and the pressure will have to continue if the problem is to be
shrunk down from today’s crisis to a more manageable nuisance.
Unfortunately, both presidential candidates have an digital,
all-or-nothing view of the problem, and have legalization as their
chief priority.