Controlling our borders with the stroke of a penBuilding a wall takes time. We don't need to wait. We can effectively control immigration with the stroke of a pen by passing legislation that includes two basic elements:
- Going after predatory employers.
- Offering a path to citizenship for whistleblowers and their families.
Specifically:
- Expand the Fair Labor Standards Act (FLSA) to cover every business and individual employer, whether they employ documented or undocumented workers.
Conditions and terms of employment must meet FLSA and safety requirements for any wage earner who meets the criteria that would require reporting under IRS rules (e.g, the IRS threshold this year is $1500 for most of work).
- Criminalize predatory employment practices.
Predatory employers who are violating FLSA, violating OSHA standards, and evading taxes must be subject to prosecution and mandatory prison time.
- Whistleblower immigration amnesty.
Clear processes for workers to report predatory employers and maintain anonymity throughout the course of investigation. Whistleblowers who are undocumented (whether an individual or a group) are offered a path to citizenship.
- Increase resources and create special units as required
Affected agencies would include the Dept of Labor Wage and Hour Division, Dept of Justice, OSHA, IRS, and INS. The Wage and Hour Division is probably the logical agency to oversee the handling of charges against predatory employers, including preliminary investigation, referral to Justice for investigation and prosecution, referral to IRS, and coordination with INS to process undocumented whistleblowers and other undocumented workers.
Controlling our borders isn't really about control; it's about values"Controlling our borders" means more than erecting barriers or patrolling. Controlling our borders is about making a commitment to
act in a manner that is consistent with our values.When we set employment standards we are expressing our values. Those standards reflect our belief that all human beings have a right to be treated fairly.
As long as we allow ANY workers to be exploited within our borders, we disgrace ourselves. As long as we turn a blind eye to the violations committed by people who enter illegally or remain after their visa expires, we demonstrate hypocrisy.
Guest worker programs have a place, but too often; such programs have been used to give employers a ticket to pay substandard wages and subject workers to unsafe conditions. We cannot tolerate programs that set different standards for "guests."
To be consistent with American values, we need to "just say no" to the exploitation workers -- documented or not. Continuing to permit predatory employers to operate within our borders will only drive more and more of Us and "Them" into poverty.
Making implicit costs explicitThe harmful effects of supporting an underground economy are costly to the nation. When we "just say no" to the exploitation workers, some implicit costs will be made explicit. Americans have a choice. We can invest our tax dollars to our common benefit, or bear the costs -- both moral and monetary -- of exploiting other human beings.
If we choose make predatory employers the prime target, we can ensure the survival of vital "underground economy" sectors by providing transitional supports. We can offset increased costs of goods or services to the working class through tax credits. (Should be part of shifting the costs of citizenship from those who benefit the least from our common infrastructure to those who benefit the most.)
Radically changing the rules of the gameIf predatory employers faced serious penalties, and the undocumented workers they are exploiting benefited from blowing the whistle, we would significantly increase the risk of exploiting workers.
The threat of exposure and prosecution alone will be sufficient for many to revamp their operations. In some sectors, the predators may simply move operations offshore. In others, predators may be forced out of business. As noted above, it may serve the public interest to provide transition assistance or start up assistance for replacement businesses.
Undoubtedly, a significant percent of undocumented workers would continue to evade detection, but employers would be far less likely to exploit them. If the workers are making a fair wage, the "race to the bottom" has a lower limit and the negative effect on wages is reduced.
We have a right enforce immigration law and deport violatorsThere are situations in which our interests are best served by providing an alternative to deportation. Nevertheless, if it does not serve a public interest to provide an alternative we should not hesitate to deport those who violate immigration laws.
We have a right to enforce our immigration laws. When we shift our focus to predatory employers, we are not forfeiting that right.
Offering legal status to whistleblowers serves us in two vital ways -- it deters predatory employers and it gives authorities vital resources "on the ground" who are motivated to expose those who are not deterred.
Targeting predatory employers creates a new class of unemployable undocumented workers If we do not institute a program that offers an opportunity to achieve legal (employable) status to those who are displaced, the deportation and support costs are likely to rise to intolerable levels.
If we decide that minimizing competition for jobs is worth the costs associated with deportation, the number of families who are offered legal status could be limited by entering those who qualify a "lottery" of sorts. It may seem harsh to allow chance to determine who stays and who goes, but deportation must remain the default consequence of breaking our immigration laws.
ConclusionOur underground economy makes the United States very attractive to people who are struggling to survive in their own countries. We can change the dynamics right now and virtually eliminate the underground economy, and in the process, minimize the incentive to enter this country unlawfully.
Saying no to the exploitation of workers is central to controlling our borders. Radically changing the rules of the game makes other aspects of controlling immigration more manageable, but it does not eliminate the need for them. We still need to do a better job of tracking the foreign nationals who come here to work, study, or visit. We still need to make our border with Mexico as impenetrable as possible, while weighing the costs against the benefits.
We cannot continue to hypocritically turn a blind eye to violations of our immigration laws or tolerate the exploitation of workers within our borders. As is often the case, committing to enacting and enforcing laws that that reflect our values is not just the right thing to do, it ultimately serves the common good.
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