Minor Thoughts from me to you

Update: Jenna responds to this post here and here.

Jenna has already responded to my earlier post about immigration. In her response, she makes two arguments for why we should have border laws and immigration laws. The first is that American citizenship is valuable -- too valuable to simply be handed to anyone and everyone:

The first is that my citizenship of the United States of America means something to me. We truly are the greatest nation of the world, however cheesy that line is, and I am proud to be part of it. I believe that there is some valuation to that citizenship, not necessarily monetary, but on some level, it is worth something, and should not be automatically granted to all.

The second is that before becoming an American citizen one should show respect for our laws by immigrating legally:

Our laws are intrinsic to our nation and the opportunities available. For this reason, for someone to come and take advantage of our great nation, they must respect our laws and our country. To sneak across the border, to break our laws, to subvert our system as one's first act in our country shows great disrespect for the very thing which makes our nation great.

I agree with Jenna that American citizenship is a wonderful and valuable thing. I love my American citizenship and would not trade it in for any other country's citizenship. We are one of the few countries in the world that says that all authority passes from the people to the government. We are one of the few countries in the world that has a written constitution which only gives the government specific, limited powers. American citizenship requires that someone be willing to defend that Constitution and uphold those principles. In fact, our oath of citizenship requires it:

I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same

So, no. Our citizenship isn't free. It shouldn't be given away to anyone. Rather, it should be purchased (through the Oath of Allegiance) by anyone willing to uphold its meaning. And I do mean anyone. I think U.S. citizenship is the best thing going and I'd love to grow "our team" as rapidly as possible. As we attract more of the world's talent, creativity, ingenuity, labor, and dedication we can make this country even better than it already is.

As Jenna says, historically speaking we have grown our team by leaps and bounds.

Our nation understands that others will want to become a part of our country, and we have created legal methods for them to do so. Millions of people have taken advantage of those venues over the years, my ancestors from Germany being some of them in the late 19th century.

Prior to 1918, immigrants had to pass two qualifications only: prove their identity and find someone to vouch for them. Ninety-eight percent of the immigrants who arrived at Ellis Island were passed through. The Mexican border was unguarded and people freely crossed in both directions. It would be more accurate to say that prior to 1918, there was no such thing as illegal immigration. I doubt Jenna's ancestors had to put up with the mess that is legal immigration these days.

And it is a mess. I share Jenna's desire for immigrants to move her legally. I share a desire for orderly, law-abiding conduct. But when 11 million people are law breakers, I begin to question whether is the people or the law which is in the wrong. (It's worth noting that most of our current immigration laws were enacted during times of national crisis: The Great Depression, the post World War II era, and the Civil Rights era.) Rather than the free-wheeling, open-acceptance immigration laws of our past, we have a Byzantine system of regulations, requirements, fees, tables, and preferences.

The National Foundation for American Policy published a report today about the waiting period that would-be legal immigrants face. When it comes to obtaining green cards, the restrictions are severe. The current annual limit is 140,000 total green cards per year. Most would-be Mexican immigrants fall into the "Other Workers" category for green card applications. This category is statutorially limited to 10,000 green cards per year. Waiting times for siblings average 11-12 years and waiting times for spouses and children of green card holders averages 7 years. Just obtaining a visitor's visa can take anywhere from a month to half a year.

Even for those who do, finally, obtain green cards (after an average 5-year waiting period), citizenship is a far from easy road to travel. Russian-born attorney Ilya Shapiro has little hope of ever becoming a U.S. citizen:

The problem for high-level professional workers is that our visas don't work that way.

Under provisions that won't change, we can work for a particular employer for six years. After that, unless the employer agrees to the root canal surgery that is green card sponsorship, and can prove that no American possesses the minimal qualifications for that job, we have to leave the country.

There is no so-called "path to citizenship" "” and thus, for me, no way to fulfill my dream: to serve my adopted country.

Despite living here my entire adult life, my fancy degrees, despite having worked for a senator, a federal judge, and a presidential campaign, I can't apply for the legal and policy making jobs for which this country has trained me.

Given these laws, restrictions, and delays I'd be tempted to cross the border illegally as well.

One final point. Current immigration law is heavily biased towards only letting people into the country after they've obtained a job and their employer can demonstrate that no American worker can fill that job. In what way is that a just immigration policy? Both Jenna and I agree that the United States is a land of opportunity. I think we should allow in anyone who wants to create a better life for themselves. If they want to move in with a family member and then look for a job, we should let them. If they want to immigrate in the hopes of starting a business or creating jobs, we should let them. Once they've learned English, learned our laws, and are ready to swear allegience to the Constitution, we should grant them citizenship.

Here's my questions: Why put numerical caps on immigration, especially when those caps are set far, far below the number of people who wish to immigrate? Why is it just to punish illegal immigrants for breaking the law when those laws are written in such a way as to practically invite law-breaking? Finally (if you agree with the rest of this essay), what is more honorable: to strictly enforce our own bad laws or to admit that our laws are bad and then find a way to clean up our mess?

(Hat tips to Cafe Hayek and Poliblog.)