A big deal on immigration
DEFENDING THE immigration reform compromise he helped to broker this week, Senator Edward Kennedy reminded Americans that "politics is the art of the possible" -- that is, not of perfection. The intricate proposal now before the full Senate is far from perfect. But it is also far better than the status quo, and, just as important, it has a realistic shot at becoming law.
The nation is deeply split on immigration, which makes it especially difficult to devise a law to address the permanent status of immigrants, including the estimated 12 million who are here illegally. The proposed bill includes concessions to those who want stricter limits on immigration, including 18,000 additional border guards, $5,000 fines for illegal immigrants, and a provision that a 370-mile border fence must be completed before any of the other proposals can go forward. Still, predictable cries of "amnesty" from the nativists in Congress have already been heard. Unless they are ready to arrest, jail, and deport 12 million people, including millions of children, they should stop obstructing progress.
Kennedy, Senate Republicans, and the White House tackled at least three major immigration conundrums in one proposal: how to handle those already here illegally; how to structure a guest worker program desired by employers in low-skilled industries; and how to rationalize the system for granting visas and green cards.
The resulting bill is a marvel of social engineering. It establishes a complex point system of achievements -- owning a home, carrying health insurance, speaking English, obtaining advanced degrees or specific skills -- that will be counted up to determine eligibility for legal status. The point system replaces the long tradition of family unification as the main criterion for entry to the United States; under the new bill, spouses and offspring of legal immigrants would still be allowed in, but more extended family would no longer automatically be granted preferential status.
The guest worker program -- under which 400,000 workers would be allowed to immigrate legally for two-year stints in specific jobs -- is not popular with labor groups, many businesses, or with immigrant advocates. The plan is clearly cumbersome and disruptive to families, but it does provide an alternative to the terror that comes with working here illegally. Employers who exploit illegal workers need to be pressured to join in -- with more and tougher prosecutions if necessary.
Now is probably the last window for action on comprehensive reform before presidential politics thwart any rational debate. Millions of desperate people enter the United States every year, risking their lives and often eking out mean livings in squalor and fear. They deserve a chance to work, train, and pay their way toward becoming legal residents, and the canny old negotiator Ted Kennedy has likely found the clearest path to get them there. 