Illegal immigrants violate American immigration laws.  America is a society based on the rule of law.  If we change American laws to accommodate criminal immigrants, we will be rewarding them.  We will be encouraging them to break the law in the future and to scoff at the authority of law in the present.  We must resist law-breaking criminals even if their crimes never end.  After all, people may never stop committing theft or murder, but that isn’t a reason to stop punishing those crimes.

Or so the argument goes.

First some specificity.  Granting amnesty (residency) to illegal immigrants does not incentivize people to immigrate, or to break laws.  Immigrants do not break immigration laws merely because they rejoice in criminality.  They break the laws because they want to immigrate, and the laws make it too hard to do so legally.  The opportunities available to immigrants in America are their own incentive.  Immigration amnesty simply decreases the disincentives to illegal immigration.  Amnesty does not make it easier to commit murder, theft, or any non-immigration crime (one might say “real crimes”).

The right question is, should we enforce our current immigration laws?  Yes, say immigration opponents, because they are the law.

This argument boils down to legal positivism – the unthinkingly amoral idea that what is right is what the law says.  Under the doctrine of legal positivism, it was wrong for the American Colonies to revolt against British rule in the 1770s, wrong for black slaves to flee the plantation in the 1850s, wrong for Americans to drink alcohol in the 1920s – and it is wrong for immigrants to ignore immigration laws today.

The solution to bad laws or unjust regimes is to end them.  Laws that conflict with our basic moral intuitions will never be made legitimate by brute enforcement.  Enforcing unjust laws will make people cynically resent, not respect, the power of law.  As I resent it today.  As, I would imagine, most illegal immigrants must resent it.  What person could love a legal system that treated him like an animal to be caged if caught?  Illegal immigrants cannot participate in our justice system.  They cannot even pay taxes.  The only way to extend the rule of law to their communities is to make them legal.

Murder and theft are obvious violations of human sanctity.  The law legitimately attempts to prevent these crimes.  But immigration is a crime without a victim.  It is a crime that is committed merely by exercising a person’s freedom to live with other consenting individuals.  Enforcing these immigration restrictions makes the rule of law enemy to its legitimacy.

Immigration reform is likely to come to a head sometime in the next?twelve months, as it did in 2007. However, I think Republicans can pre-empt the Democratic initiatives if they tackle the issue head-on, with?a comprehensive look at its various and disparate parts, and not from?a solely ideological view. While we certainly cannot ignore the millions of illegal immigrants in the country, as the left wants to?do, nor do we have the financial or other resources to kick 20 million?people out of the country, as many conservatives want to do.

The first- and most important- step in immigration reform is to stop?or reform the economic incentives to come to America. We need to?punish the businesses that hire illegal immigrants through fines, and we need to punish sanctuary cities through fines and the rescinding of?federal funds. We also should create a reformed welfare policy that?does not give monies of any kind to illegal immigrants. Finally, we?need to create the proper economic incentives to bring the kind of?immigrants we want here- hard-working, highly educated, technical?people who will create jobs.

Some conservatives would argue against the above point- they say building a wall is the vitally important first step to protecting?America from illegal immigrants. There are two reasons why this is a?bad idea: first, why do illegal immigrants come to America? According?to both libertarian?Ken Schoolland in 2005 and conservative Dinesh D’Souza in “Letters to a Young?Conservative,” they come for economic reasons. They also send BACK at?least $10 billion to Mexico and at least $20 billion more to other?countries, as seen here? and?here. Lastly, many immigrants are going back to their native countries because of the recession. There is no doubt?that they are coming to America for economic reasons, and so it makes?sense to shut down those resources and incentives that encourage the numbers of illegal immigrants entering the country we have seen for so?many years.

A second reason we should not push for building a wall is that it is a?waste of resources?for?the country?(immigrants will find a way through, around, over,?etc.), and thirdly it is a terrible public relations move for Republicans (who tend to support a border wall the most). Only the most hardened conservative won’t be moved by stories of families?looking for a better life, and trying to achieve the American Dream.?By creating economic disincentives to come illegally, and creating?economic (and legal, though that is a discussion for another day)?incentives that encourage immigrants with the skills and mindsets we?want in America (including this suggestion by The Heritage Foundation), we would find ourselves with a very?much diminished illegal immigration issue.

Other supported reforms include putting troops and agents on the?border which, given our current laws, will not do much- see here? and here?to see how two border agents were railroaded for doing their job,?and even the National Guard cannot shoot if attacked while patrolling the border. However, like a wall,?people can find ways around even a good border security policy, and?therefore the impact is limited. Economics are the reason illegal?immigrants come to America, and good border economic policy is why?they will either leave or not enter in the first place. (However, by?
the same token, it would not hurt to allow our immigration protection?officials to shoot at drug smugglers, gang members and others who?intend to harm this country and/or its citizens.)

-dustin