Converting Illegal Aliens to Blue Card Guest Workers

by George F. McClure

Of the estimated 8 million to 10 million illegal aliens from Mexico in the United States today, about 40 percent are here because they overstayed their non-resident visas (www.cis.org/articles/2003/back103.html). Few have a high-tech education. They came north and stayed because they could get better jobs here than are available in Mexico. At the same time, their U.S. employers receive cheap labor.

Calls for better enforcement by the Border Patrol have been met with the response that the problem is bigger than the Border Patrol and that effective enforcement is not feasible.

Several years ago, California voters passed Proposition 187, which denied health care and schooling to illegal aliens, but the courts struck it down. The Medicare Prescription Drug bill enacted last year contained $1 billion over 10 years to provide for health care for illegal aliens in the United States. In exchange for his vote for that bill, Rep. Dana Rohrabacher (R-Calif.) got majority agreement to introduce a bill requiring that employers of illegal aliens be responsible for the aliens’ medical expenses. That bill, H.R. 3722, did not pass.

Amnesty

Amnesty, in which illegal aliens receive legal status, arouses strong opinions. Congress gave nearly 3 million illegal aliens and their dependents legal immigrant status in 1986 (www.fairus.org). Advocates are calling for Congress to issue another amnesty window. Mexico’s president advocates another amnesty, since remittances from Mexican citizens working in the United States represent the second largest income source for Mexico, behind oil exports. Critics point out that when rumors of an amnesty arise, border crossings by undocumented aliens surge. Numbers apprehended along the southwest border have increased by 25 percent this year, with a 50 percent increase near Tucson, Arizona alone.

Citizens Voice Concern

Taxpayers voice concern about the increased stress illegal workers and their families place on schools, housing demand, health care delivery, and other infrastructure. The related stresses place added demands on state budgets. In the November election, Arizona voters passed Proposition 200, which requires residents to present proof of their immigration status to get health care, child care and other benefits, and to register to vote.

The Blue Card Alternative

The White House has considered alternatives to amnesty. The majority of illegal aliens are agricultural workers, and these workers often get described when leaders remark about “jobs no American is willing to do.” But when White House Domestic Policy Advisor Margaret Spellings discussed alternatives to amnesty, she did not differentiate among skill levels. Thus, high-tech workers who overstay their visas might also be considered candidates for an amnesty alternative (http://slate.msn.com/default.aspx?id=2074869).

In January 2004, President Bush called for immigration reform, making four main points:

• Control our borders, which he said we are doing.
• Serve economic needs, welcoming persons willing to take jobs that American citizens are not willing to take.
• Not give unfair rewards to illegal immigrants in the citizenship process or disadvantage those who came here lawfully, or hope to do so.
• Provide incentives for temporary, foreign workers to return permanently to their home countries after their period of work in the United States has expired
  (www.freerepublic.com/focus/f-news/1053502/posts).

In a January 2004 speech, President Bush described a proposed temporary worker or “blue card” program:

“I propose a new temporary worker program that will match willing foreign workers with willing American employers, when no Americans can be found to fill the jobs. This program will offer legal status, as temporary workers, to the millions of undocumented men and women now employed in the United States, and to those in foreign countries who seek to participate in the program and have been offered employment here. This new system should be clear and efficient, so employers are able to find workers quickly and simply.

“All who participate in the temporary worker program must have a job, or, if not living in the United States, a job offer. The legal status granted by this program will last three years and will be renewable — but it will have an end. Participants who do not remain employed, who do not follow the rules of the program, or who break the law will not be eligible for continued participation and will be required to return to their home.

“Under my proposal, employers have key responsibilities. Employers who extend job offers must first make every reasonable effort to find an American worker for the job at hand. Our government will develop a quick and simple system for employers to search for American workers. Employers must not hire undocumented aliens or temporary workers whose legal status has expired. They must report to the government the temporary workers they hire, and who leave their employ, so that we can keep track of people in the program, and better enforce immigration laws. There must be strong workplace enforcement with tough penalties for anyone, for any employer violating these laws.

“Undocumented workers now here will be required to pay a one-time fee to register for the temporary worker program. Those who seek to join the program from abroad, and have complied with our immigration laws, will not have to pay any fee. All participants will be issued a temporary worker card [“Blue card”] that will allow them to travel back and forth between their home and the United States without fear of being denied re-entry into our country.

“This program expects temporary workers to return permanently to their home countries after their period of work in the United States has expired. And there should be financial incentives for them to do so. I will work with foreign governments on a plan to give temporary workers credit, when they enter their own nation's retirement system, for the time they have worked in America. I also support making it easier for temporary workers to contribute a portion of their earnings to tax-preferred savings accounts, money they can collect as they return to their native countries. After all, in many of those countries, a small nest egg is what is necessary to start their own business, or buy some land for their family.

“Some temporary workers will make the decision to pursue American citizenship. Those who make this choice will be allowed to apply in the normal way. They will not be given unfair advantage over people who have followed legal procedures from the start. I oppose amnesty, placing undocumented workers on the automatic path to citizenship. Granting amnesty encourages the violation of our laws, and perpetuates illegal immigration. America is a welcoming country, but citizenship must not be the automatic reward for violating the laws of America.

“The citizenship line, however, is too long, and our current limits on legal immigration are too low. My administration will work with the Congress to increase the annual number of green cards that can lead to citizenship. Those willing to take the difficult path of citizenship — the path of work, and patience, and assimilation — should be welcome in America, like generations of immigrants before them.

“In the process of immigration reform, we must also set high expectations for what new citizens should know. An understanding of what it means to be an American is not a formality in the naturalization process, it is essential to full participation in our democracy. My administration will examine the standard of knowledge in the current citizenship test. We must ensure that new citizens know not only the facts of our history, but the ideals that have shaped our history. Every citizen of America has an obligation to learn the values that make us one nation: liberty and civic responsibility, equality under God, and tolerance for others.

“This new temporary worker program will bring more than economic benefits to America. Our homeland will be more secure when we can better account for those who enter our country, instead of the current situation in which millions of people are unknown, unknown to the law. Law enforcement will face fewer problems with undocumented workers, and will be better able to focus on the true threats to our nation from criminals and terrorists. And when temporary workers can travel legally and freely, there will be more efficient management of our borders and more effective enforcement against those who pose a danger to our country.”

Critics Respond

Blue Card Program critics question the extent to which employers will make reasonable efforts to find American workers for jobs. They also view the three-year renewable term as too long; some have proposed a one-year non-renewable term as an alternative. In addition, critics do not see the program's mechanics as being foolproof.

In response to the immigration reform platform described by House Immigration Reform Caucus Chair Tom Tancredo (R-Colo.), one post on the Internet commented that, “Already there (are) a lot of organized criminal rings providing false and stolen documents to those who wish to buy them. There are stolen Social Security numbers (and) there are green cards sold and then reported lost by their owners. Now there will be a blue card that can also be easily copied, stolen, sold — purchased by whoever — and this blue card will allow someone to cross the border as they please, as often as they like” (www.freerepublic.com/focus/f-news/1053674/posts).

George F. McClure is chair of the IEEE-USA Communications Committee and a past chair of the IEEE Member Conduct Committee. He can be contacted at todaysengineer@ieee.org. Opinions expressed in this article are the author’s.