Amnesty--a Little Here, a Little There

Before we lose our heads entirely, let’s take another look at immigration, the law and amnesty.

Many Americans are sick of wanton lawbreaking. What we have going on with all these Mexican workers is criminality, plain and simple, and we’ve tolerated it too long.

The views of these Americans are being expressed in Congress now by conservatives. They’re fuming because they don’t want us to get soft and reward such lawbreaking with any amnesty. Not even a qualified amnesty that offenders would have to earn by penitence--admitting their crimes, paying fines, saying they’re sorry and proving their good work. Take that notion right off the table. Rep. Thomas G. Tancredo (R-Colo.) dismissed it as a “goofball idea.”

But, hey, do we really want to be so harsh on American business?

Yes. They’re criminals, no question about that. The U.S. enacted a strict employer sanctions law in 1986. And thousands of businesses have been openly breaking the law these past 15 years, illegally hiring immigrants from Mexico and elsewhere. At least some businesses have been keeping these workers in a suspended state of indentured servitude, imposing on them substandard working conditions and then threatening to have them deported if they complain.

I’m among those who believe that Americans simply cannot tolerate the flouting of their laws on such a massive scale. But must we now punish these businesses to the full extent of the law? Should we fine them into bankruptcy and imprison their owners?

Seems heartless to me. I think many of these business executives and farm owners aren’t such bad people, really. They’re caught in a bad system. It’s like driving on the freeway. Everyone is speeding, so you have to break the law just to keep apace. It’s that way in restaurant kitchens, in hotel laundries, on contractor crews and, nearly universally, on farms. The fellow down the road is doing it. I’ve got to or I cannot compete. Nobody else will do the work. I have to break the law.

So call me squishy-headed on this one. I favor amnesty for businesses.

Let me rush to add, I’m not speaking of any painless blanket amnesty. I support what some people in Congress are calling “earned” legalization. The really awful businesses should be identified and excluded from eligibility. If they’ve been too harsh on their workers, I’m afraid I’ve got to join the conservatives and say, tough. It’s over. Some of these folks deserve the full penalties provided by law.

But for the others, maybe the conservatives could join me.

Let’s allow these business owners and executives to pay some reasonable fines. They can admit their crimes publicly, maybe post an apology at the door or in the fields. We might require some public service work or sensitivity training. Maybe we could prohibit their membership in the Chamber of Commerce or the Grange. They would, of course, have to take a test to prove their understanding of U.S. heritage and laws. Then gradually, like parolees, they could earn their way back into our good graces.

But it’s not just business that has been violating our immigration laws. Many middle-class and upscale families are immigration lawbreakers too. They employ nannies and gardeners from Mexico, taking advantage of an abundance of labor that keeps down costs.

I think “earned” legalization should be extended to these families too. I’ve met some of these people, and I think their other contributions to society should count for something, even if they are, yes, part of the criminal element.

Oh, one more thing: Earned legalization must be “earned” the proper way, no short-cuts. Business owners, contractors, farmers and families who have been breaking the law by hiring undocumented Mexicans should be made to deal directly with the Immigration and Naturalization Service.

How about: Once a week for a year, they line up at the Federal Building, at 2 a.m. regardless of weather, and wait. About 9 a.m. the line inches forward. At about noon, they actually see the sullen faces of the INS clerks ahead. But then it’s lunch hour, so they wait more. Finally, about 2 p.m. they present themselves to the U.S. government and report on the progress of their rehabilitation. Clerks, of course, retain their full imperial authority to render instant judgment.

Perhaps conservatives will say this isn’t punishment enough. But I appeal to their compassion. The United States is the beacon of hope, after all. These lawbreakers are not just faceless numbers on a chart. They are men and women who have contributed to our prosperity. Let’s give them one more chance. “Earned” amnesty for business--it’s only fair.