Making an American Citizen
I have read many articles about the persistent problems we have with illegal immigrants. I have read about we have no effective way to deal with their crimes, or their social costs. In part it is their consular rights as Mexican citizens that preclude effectively handling them in our legal system. I have a modest proposal to rectify part of this problem.
Anyone who is in our country without a visa will be considered an American citizen with all rights and responsibilities thereafter. They will be subject to American Income Tax including on any income earned after they leave the country (for the same 10 years that other American Citizens are). They will be subject to State taxes in the state where they work. They will be subject to registration with American Selective Service and any future military draft. They will be held responsible for knowing American laws and acting accordingly. They will be required to earn the minimum wage, receive all standard employee benefits, and employers will be liable for any back wages and benefits denied.
In order for this to work, there are a number of requirements. Any person who has official contact with government personnel, even for a traffic stop will need to provide identification that uniquely identifies them at either the State or Federal level. The identification can either be in the form of documentation or recognizance by a documented individual. There is some risk that existing American citizens without identification will be caught in this process.
If no identification is available, then a Federal identification record will be located or created based upon a biometric identification system including all available standard forms of identification including fingerprints, facial photos, DNA profiling, or other forms as they are developed and deployed. Federal ID documentation will then be issued by default. This will destroy the incentive for identity theft by new immigrants.
During the creation of this ID a national crosscheck will be performed for duplicate identities. This will allow past behavior to be identified and prevent convicted individuals from being released.
Queries to source countries and countries of transit will also be initiated to identify criminal history or outstanding charges. Sanctuary for political refuges will be the default, with extradition only for those extradited for crimes that fall within our extradition treaties and current diplomatic relations.
During this process the individuals will be detained. This will require new facilities around the country for temporary detentions and processing. These facilities may be privatized such as American prisons currently are by companies such as Wackenhut. During this waiting period they will be educated on the basic citizenship information that naturalized citizens are expected to learn. They will all be offered classes in the English language, common laws, and basic job skills.
They will also be examined medically and treated for all communicable diseases, being detained and isolated until treatment is complete. Addiction treatment will be included. During detention they will also have access to any services freely offered by charitable organizations such as education or ministry.
Healthy individuals with basic work skills should be processed within hours or days.
During extended detention they may be offered the opportunity to voluntary work at such tasks such as building new detention facilities in order to offset the reasonable charges for their keep. This will allow vocational training including familiarization with OSHA, labor laws, standard construction practices, EPA requirements, and any other American work standards. Unions or other trade groups will be able to offer certifications and membership which will apply to work while in camp. This would have the added benefit of providing Unions a way to spread into other countries if individuals later choose to return to their country of origin.
Unless waived, minimal charges for their keep during detention will be levied against their future wages over a reasonable period of time, perhaps several years. All applicable taxes and withholdings will be applied, giving them a standard paycheck and perhaps bank account with debit card upon release. Alternatively they could send money to family while they are detained to prevent unnecessary hardship due to their absence. A habit of work will be maintained which will benefit everyone.
It is important that while detained proper oversight and all legal protections are respected. This is to insure the familiarity with the American culture of voluntary respect for the law, in contrast to cultures of corruption prevalent in many other countries. Outside organizations such as the ACLU and new services will be permitted regular contact with detainees to assist in this oversight function.
By paying immigrants the same wage as Americans earn, the loss of American jobs will slow. Immigrants will be paying into the system they use and have to raise their skills and work habits to meet or exceed American standards, just to be competitive.
Fruit picking and other seasonal labor may still need to have a special lower minimum wage until the economics of that business change, or the special interests no longer have political influence, but it will be above board and legal. American wages may drop on average, but it will be a fairer job market.
Criminals will still be able to flee into Mexico or Canada, but upon reentering the US they will be traceable for all prior crimes. Trials for criminals skipping bail will be held in absentia with sentences servable upon reentry into the US or upon apprehension abroad. Law enforcement officials will actually have incentive to charge individuals caught at criminal behavior. Either an improvement in the extradition process from Mexico or incarceration in Mexican prisons for crimes committed on American soil would serve as a more effective deterrent for crimes on American soil than the current system. Bounties and fees paid to Mexican police and prisons might encourage the apprehension of fleeing criminals.
Individuals seeking emergency medical services will be treated and introduced into this system. Their medical debts will be paid out of a general fund, and repaid out of future earnings. This will transfer the costs from the service providers to the public in a visible manner and provide incentive to create preventative health programs. This will lower overall health care costs.
I expect that many immigrants would voluntarily present themselves for this process. Once its fairness was recognized it would provide a standard way to help immigrants join our dynamic, just and free American culture.
Anyone who is in our country without a visa will be considered an American citizen with all rights and responsibilities thereafter. They will be subject to American Income Tax including on any income earned after they leave the country (for the same 10 years that other American Citizens are). They will be subject to State taxes in the state where they work. They will be subject to registration with American Selective Service and any future military draft. They will be held responsible for knowing American laws and acting accordingly. They will be required to earn the minimum wage, receive all standard employee benefits, and employers will be liable for any back wages and benefits denied.
In order for this to work, there are a number of requirements. Any person who has official contact with government personnel, even for a traffic stop will need to provide identification that uniquely identifies them at either the State or Federal level. The identification can either be in the form of documentation or recognizance by a documented individual. There is some risk that existing American citizens without identification will be caught in this process.
If no identification is available, then a Federal identification record will be located or created based upon a biometric identification system including all available standard forms of identification including fingerprints, facial photos, DNA profiling, or other forms as they are developed and deployed. Federal ID documentation will then be issued by default. This will destroy the incentive for identity theft by new immigrants.
During the creation of this ID a national crosscheck will be performed for duplicate identities. This will allow past behavior to be identified and prevent convicted individuals from being released.
Queries to source countries and countries of transit will also be initiated to identify criminal history or outstanding charges. Sanctuary for political refuges will be the default, with extradition only for those extradited for crimes that fall within our extradition treaties and current diplomatic relations.
During this process the individuals will be detained. This will require new facilities around the country for temporary detentions and processing. These facilities may be privatized such as American prisons currently are by companies such as Wackenhut. During this waiting period they will be educated on the basic citizenship information that naturalized citizens are expected to learn. They will all be offered classes in the English language, common laws, and basic job skills.
They will also be examined medically and treated for all communicable diseases, being detained and isolated until treatment is complete. Addiction treatment will be included. During detention they will also have access to any services freely offered by charitable organizations such as education or ministry.
Healthy individuals with basic work skills should be processed within hours or days.
During extended detention they may be offered the opportunity to voluntary work at such tasks such as building new detention facilities in order to offset the reasonable charges for their keep. This will allow vocational training including familiarization with OSHA, labor laws, standard construction practices, EPA requirements, and any other American work standards. Unions or other trade groups will be able to offer certifications and membership which will apply to work while in camp. This would have the added benefit of providing Unions a way to spread into other countries if individuals later choose to return to their country of origin.
Unless waived, minimal charges for their keep during detention will be levied against their future wages over a reasonable period of time, perhaps several years. All applicable taxes and withholdings will be applied, giving them a standard paycheck and perhaps bank account with debit card upon release. Alternatively they could send money to family while they are detained to prevent unnecessary hardship due to their absence. A habit of work will be maintained which will benefit everyone.
It is important that while detained proper oversight and all legal protections are respected. This is to insure the familiarity with the American culture of voluntary respect for the law, in contrast to cultures of corruption prevalent in many other countries. Outside organizations such as the ACLU and new services will be permitted regular contact with detainees to assist in this oversight function.
By paying immigrants the same wage as Americans earn, the loss of American jobs will slow. Immigrants will be paying into the system they use and have to raise their skills and work habits to meet or exceed American standards, just to be competitive.
Fruit picking and other seasonal labor may still need to have a special lower minimum wage until the economics of that business change, or the special interests no longer have political influence, but it will be above board and legal. American wages may drop on average, but it will be a fairer job market.
Criminals will still be able to flee into Mexico or Canada, but upon reentering the US they will be traceable for all prior crimes. Trials for criminals skipping bail will be held in absentia with sentences servable upon reentry into the US or upon apprehension abroad. Law enforcement officials will actually have incentive to charge individuals caught at criminal behavior. Either an improvement in the extradition process from Mexico or incarceration in Mexican prisons for crimes committed on American soil would serve as a more effective deterrent for crimes on American soil than the current system. Bounties and fees paid to Mexican police and prisons might encourage the apprehension of fleeing criminals.
Individuals seeking emergency medical services will be treated and introduced into this system. Their medical debts will be paid out of a general fund, and repaid out of future earnings. This will transfer the costs from the service providers to the public in a visible manner and provide incentive to create preventative health programs. This will lower overall health care costs.
I expect that many immigrants would voluntarily present themselves for this process. Once its fairness was recognized it would provide a standard way to help immigrants join our dynamic, just and free American culture.
