Stairway To Chaos: Citizenship For Illegal Migrants Disrespects Legal Pathways

At the Univision Townhall in Arizona this week, Vice President Kamala Harris, primarily speaking with Hispanic voters, mentioned on at least three occasions that she is very much in favor of a pathway to citizenship for illegal migrants. She insisted that she would bring back an immigration bill that failed in the Senate and said that she, as president, would sign it into law. 

For decades, the Left has cast the debate about a pathway to citizenship in humane terms. People who are fleeing crime, persecution, gang violence, and other ills around the world make the dangerous journey to cross the river, the argument goes. These people are looking for a new start in life; therefore, they need to be accommodated within America in every way possible. America is a land of immigrants; we did not set up walls for nearly 180 years; the Statue of Liberty is a welcoming beacon, so why do we nurse anti-immigrant feelings now? 

This argument is fundamentally dishonest. If America were to open its doors to everyone, tens of millions more would elect to come to America to settle down, straining our infrastructure and economy and taking away jobs from those already here. As the world's largest economy with one of the highest per capita GDPs, America is a magnet to every nation not only for the economic opportunities it provides but also for its values, democratic principles, and the rule of law. This is the reason foreigners swarm to American missions and consular offices abroad - with lines around the block - to get a coveted visa to enter the United States. 

America began to taper down its welcome mat to migrants nearly 180 years after its founding. Congress passed the Immigration and Naturalization Act on June 27, 1952. The Act overhauled the U.S. immigration system and retained the national origins quota system, which limited immigration based on national origins while introducing provisions for the deportation and exclusion of immigrants on the grounds of national security. The INA created legal pathways for aspirants from around the world to enter the United States to visit, study, work, live, and even immigrate (through employer or family sponsorship). Once a Green Card or permanent resident card is obtained, an immigrant can qualify to become a naturalized American citizen in 3-5 years. 

People who elect to migrate legally endure enormous hardships and rigorous scrutiny. For instance, for a U.S. citizen sponsoring a sibling from China, the current wait time can range between 14 and 20 years. Many beneficiaries pass away before their visas are granted. 

The scrutiny for someone who wants to come here on a specialty occupation H-1B visa—like engineers and scientists—is so elaborate that it would give prospective applicants a headache even to consider the idea. They must have at least a bachelor's degree, show that their job offer aligns with their field of study, and that the position is specialized enough to warrant a degree. 

Employers must demonstrate that the foreign worker has the necessary qualifications for the role and file a Labor Condition Application (LCA) with the Department of Labor. The LCA requires employers to confirm that hiring an H-1B worker will not negatively affect U.S. workers’ wages and working conditions of. Only 85,000 H-1B visas are granted each year, and with more than 750,000 applicants, the government resorts to a lottery. 

Applicants endure all of these troubles only to secure a visa. Once they are here, they are severely restricted, although these visa holders begin contributing federal, state, and local income taxes from the day they arrive.

H-1B visa holders must always hold employment and are subject to deportation if they lose their jobs and can't find another employer to sponsor them within 60 days. The H-1Bs can't start a business. Most H-1Bs voluntarily leave within 60 days for fear of leaving a black mark on their files, which could delay their re-entry into the United States at a later date. If an H-1B visa holder doesn't return, all of their Social Security and Medicare contributions are absorbed by the federal government. 

In America, H-1B children are prohibited from working when they attend college. When they reach 21 years of age, they age out and need to convert to a student visa to remain in America, although they may have been in the country for nearly all their lives. 

Their spouses are forbidden to work until the H-1Bs have expressed an interest in immigrating to America and are in an advanced stage of processing. Because the number of new "Green Cards," or permanent resident cards, is restricted by law and there are strict rules for allocating them across all countries, the current wait times for an H-1B employee to get a legal Green Card can exceed 85 years. 

Granting a pathway to citizenship to migrants who illegally cross the border is inherently unfair to the millions of legal immigrants who are paying taxes and strictly adhering to the various rules imposed by our government. It is similar to allowing a section of society to take a cart full of groceries and walk out of the store without paying while a long line of non-citizens struggle behind a single cashier at the register. 

America is a land of laws. Breaking them is the first thing an illegal immigrant does. From 1952 to 1985, America was so consumed by wars (Korean, Vietnam, the Cold War), the JFK assassination, Watergate, oil shocks, and hyperinflation that the United States government failed to close off the border for illegal crossings. Millions of illegal immigrants entered America. 

On November 6, 1986, President Ronald Reagan signed the Immigration Reform and Control Act (IRCA), an amnesty bill because it provided legal status to approximately 2.7 million undocumented immigrants living in the United States continuously since before January 1, 1982. This allowed them to apply for legal residency and eventually citizenship. Reagan signed the bill because he was promised that the government would close the border. 

Governments under both Republican and Democratic administrations have since failed to do so. In the last 38 years, there have been more than 30 million illegal entries (nearly 18 million during the Biden-Harris administration alone). America has practically become a country without borders. 

Rewarding illegal aliens with a pathway to citizenship while neglecting legal migrants is discriminatory and morally wrong. Let us first take care of the millions who are waiting legally. The illegals ought to be returned to their home countries and given a chance to apply to immigrate legally. Granting them a pathway to citizenship is a mockery of the law.

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