Reply #51: There's a range of felonies.

[Igel]

I think the main purpose was to prevent re-immigration or later naturalization. This I agree with, increasingly so. The current system incompetently provides for punishing employers; but not all immigrants immigrate for work, at least not for immediate work, and allowing a pool of immigrants to collect makes it tempting for employers to skirt the already hardly enforceable law. The immigrants aren't victims, if they perceived themselves victimized they'd stop coming. Punish employers for hiring them illegally, but punish those here illegally for being here illegally.

First, I'd make it possible for the laws against employers to be enforced. Employers must be able to validate the identification provided by employees when they're hired, and ascertain immigrant employees' status; currently this is impossible. Then require that the SSA inform employers of bad SSNs, or SSNs where the employee is working for more than two employers over 60 hours a week. The employer must reply with the next filing of required paperwork: correct the SSN, or provide some evidence that "John Doe" really isn't "Bart Doolittle". If the info isn't provided, then SSN forwards the info to INS or some agency for further investigation. This is currently illegal.

I'd create a special class of misdemeanor, it's sole provision is mandatory deportation and permanent revocation of any privilege of filing for a US visa, residency, or citizenship. It'll require that Congress have balls, since Congress could always wuss out and revoke the revocation, of course. The 'crime' is either failing to show at an immigration court hearing without due cause or being again found in the US illegally after having been deported after the law took effect. Currently there's little penalty: you return and return; you skip your hearings, and if you're caught, you're deported and you return.

I'd have a second misdemeanor with similar penalties for those that house or provide at least 50% of the financial support for the illegal immigrant. The first time, his/her 'head of household' is notified that s/he was harboring an illegal immigrant, with the law cited; it's a warning. Then, if the illegal immigrant is found here a second time, illegally, and sheltered/supported by the same person, the penalty kicks in: $2k fine, if a citizen; suspension of any visa/greencard and any paperwork for residency or citizenship, if a non-citizen.

This raises the stakes on illegal immigration. Right now the penalty is far too low and the potential rewards too high.