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Beverly Hills, California, United States
Eli Kantor is a labor, employment and immigration law attorney. He has been practicing labor, employment and immigration law for more than 36 years. He has been featured in articles about labor, employment and immigration law in the L.A. Times, Business Week.com and Daily Variety. He is a regular columnist for the Daily Journal. Telephone (310)274-8216; eli@elikantorlaw.com. For more information, visit beverlyhillsimmigrationlaw.com and and beverlyhillsemploymentlaw.com

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Tuesday, June 16, 2015

Why GOP Must Not Be ‘Party of No’ on Immigration

Politico (Op-Ed)
By Alfonso Aguilar
June 15, 2015

I'm a conservative, and I support immigration. Those are two statements that you don’t hear together nearly often enough. I have seen the positive impact of immigration in my own life. My parents are both naturalized Americans. My mother is originally from Italy, and my father is from Costa Rica. Like most immigrant parents, they both love America immensely and treasure the unique political system of our great republic. They both encouraged me to assimilate and feel fully American, while preserving the beautiful customs and traditions of the cultures of their countries of origin, and most of all, the practice of our faith as central to our lives.

I’ve also seen the problems with immigration — in fact, I’ve had a unique vantage point as the controversial issue has unfolded in recent years. As an attorney with expertise in immigration law and policy — and after serving for almost six years as chief of the U.S. Office of Citizenship under President George W. Bush — I have a unique understanding of what is specifically wrong with our immigration system and how we can fix it. That’s why, earlier this spring, I put forward a five-point plan for action on immigration — a general framework to encourage my fellow conservatives in Congress to offer positive solutions and reclaim the immigration issue, rather than run away from it. The debate over immigration has lasted for too long, and it is time for Congress to finally do something to begin fixing our dysfunctional immigration system. The American people expect Washington to show leadership on this issue.

Based on this experience and background, these are the five steps I propose to effectively address our immigration woes:

First, we must secure the border. We call for extending double fencing to all areas along the southern border where illegal crossings can potentially occur to attain effective and realistic operational control of the border. Double-layered fencing — a two-fence barrier with a road for patrolling between — would drastically reduce the number of illegal entries. Border security metrics arbitrarily set by Congress are generally useless. Double-layered fencing instead provides a tangible marker that would clearly show we are doing something concrete to secure the border.

Second, Congress should mandate that all businesses use the federal employment eligibility verification system or E-Verify to ensure only citizens and individuals with legal status are employed. Most immigrants who come to the U.S. illegally do so for work. If we can ensure they cannot find a job if they lack legal status, we will remove the main incentive for entering the country illegally.

Third, we must fully implement a biometric exit tracking system of foreign nationals to ensure they depart the country by the time their visa expires; 40 percent of undocumented immigrants do not enter the country illegally, but come legally and overstay their visas. A biometric exit tracking system would identify those who have remained after their visas have expired, allowing Immigration and Customs Enforcement to go after these individuals to detain and remove them.

Border security and domestic enforcement should be a priority, but we must also deal with the other challenges that we face; specifically, what to do with the 11 million undocumented immigrants living here and how to facilitate the legal flow of the foreign workers our economy needs. Congress should definitely legislate in this session to address these problems, but, since I realize we cannot trust this administration, I propose that lawmakers postpone the implementation of these specific measures until after the president leaves office on January 2017. Pass these bills now, but implement them later.

Therefore, as a fourth step, I recommend that after the first three steps are executed — and not earlier than January 2017 — that we implement a market-oriented guest worker program that allows businesses that cannot find American workers to recruit and bring the foreign workers that they need into the country temporarily. We also need to substantially increase the quota of temporary visas for foreign professionals with advanced degrees in science, technology, engineering and math, boost the number of green cards available to STEM students and allow foreign STEM students who are offered employment here to remain in the country while they adjust their legal status.

Our economy needs a steady stream of foreign workers to perform jobs Americans do not want to do or for which there are simply not enough Americans of working age. Even during these difficult times, there are many industries that could not continue to exist in their present prosperity without foreign labor, at the low-skilled and the high-skilled levels. Agriculture and technology are certainly a few of them.

A temporary worker program would incorporate into our system the concept of circular migration. Foreign workers would come in legally, perform their work, return to their home countries when they want to, and then reenter legally to get back to work. Contrary to popular belief, most immigrants who come here do not want to settle in the U.S. and become citizens. If they end up staying, it is because to return home would require them to go through the unpleasant and dangerous experience of trying to enter the U.S. illegally all over again, which, of course, they don’t want to do.

The fifth and final step is to provide a path to legal status to undocumented immigrants. Again, after the first three steps are executed and not before President Barack Obama has left office, the government should provide legal status to undocumented immigrants. They would be allowed to remain and live in the U.S., but they will not have a special path to citizenship.

This does not mean that we would close the door to citizenship to them, but we would require them, if they want to naturalize, to get in the back of the line and follow the process under current law to acquire lawful permanent residency and citizenship.

As this Congress decides to move forward, however, they should not feel that they have only two options: President Obama’s amnesty, on one hand, or Mitt Romney’s self-deportation, on the other. There is a third way, a conservative way, to approach immigration that is based on the rule of law and on the realization that immigration is good for the country and for our economy.

Republicans cannot just be the “party of no” on immigration. Instead, they should call the Democrats’ bluff on immigration — and lead.

For more information, go to:  www.beverlyhillsimmigrationlaw.com

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