In response to President Obama’s speech today I spent some time thinking about our immigration policy. This isn’t within my normal area of expertise, but it is something that I think everyone should spend some time thinking about. The truth of the matter is, politicians have been screwing this up for generations, and I don’t think they’re going to suddenly get a lot smarter overnight. We are going to have to have ground-up support for immigration policy change in order to see anything truly beneficial happen. On that note, I wanted to offer my thoughts on what I believe is a better concept for how immigration should work.

Let me preface this idea with a couple thoughts:

• One – I am not going to bother trying to take politics into account. This concept is almost certainly not politically feasible, as it’s far too simple and straightforward to please the myriad bureaucrats of Washington D.C. There are probably unintended consequences that I can’t foresee here, and there are certainly things that I think are good ideas that others would disagree with. That’s all fine because I’m not the President or a Congressman or anything else, and I doubt that any of them are going to read this. So, at the end of the post, please leave your thoughts, but if you waste your time flaming me or spewing vitriole I’m just going to delete your comment. I really want to hear constructive thoughts on this, and I don’t want t the comments feed cluttered with bitter and derogatory remarks.
• Two – my opinions here are strongly based on two experiences I’ve had:
  • First, I taught English lessons (not beginning English, but conversational English to sound more like a native speaker) to Taiwanese and Korean students while I was in college. I spent a lot of time talking with them about their experience being a student here, and whether or not they’d like to stay in America. Of course I was helping these people assimilate into American culture, so I was hopeful that many of them would stay. I was surprised to find that most of them did not plan to stay in the US, not because they didn’t want to, but because they didn’t think they would be able to legally immigrate. Most of them expressed that they would want to stay in the US if they could, and that they intended to try and become Permanent Residents, but that they realistically assumed it would be years or even decades before they would be able to get a long term visa, and that by that time they would probably have made enough of a life for themselves in their home country that they probably wouldn’t come back to the US.
  • Second, later in life I became very close friends with a person from Africa. He was here as a student and was quite intent on staying in the US. I spent a lot of time with him listening to the challenges he was facing in legally immigrating, despite the fact that he was receiving a doctorate from one of our area Universities. I remain absolutely baffled at why we would bring wonderful people like this to the US and share our phenomenal educational system with them, and then tell them that they can’t stay here. What an absolute tragedy! I haven’t asked my friend for permission to share his story so I’m not going to offer any details, suffice it to say he would certainly have been sent back to Africa if not for extraordinarily fortunate circumstances that allowed him a new path for legal residency.

So, with my opinion shaped largely by these experiences, I’d like to propose the following:

• A complete replacement of our existing immigration policy, with the new one listed below.
• Enforcement of our current Federal laws against illegal residency so that it is no longer easy or convenient to employ illegals, or to live in the US illegally.
• No amnesty, but no ban on workers legally entering the US if they leave and come back following the criteria listed below.

Here goes…

Sensible Legal Immigration Policy

I. Simple ladder of legal resident status

1. Temporary Worker
2. Extended Worker
3. Student
4. Serviceman
5. Permanent Resident
6. Accelerated Citizenship
7. Citizen

II. General Requirements

First, to be considered for immigration at all, individuals must be in Good Standing, which means that they cannot have any criminal record, at all, from their home country, and must not be found guilty of criminal misconduct while in the United States, or fail to pay taxes, etc., and must maintain employment (or educational enrollment) for at least 2/3 (160 work days) of every year they are in the US.

Legal residents are entitled the same rights as United States Citizens, except that they may not receive welfare benefits, and they must pay social security taxes, and their Social Security benefits will accrue as normal, but they will not be eligible to receive payment of Social Security benefits until they become a citizen.

III. Entry Requirements

Individuals who do not have an 8th-grade education and cannot pass an Functional English Test (minimum language comprehension) cannot immigrate to the US.

Individuals who can pass an 8th-grade equivalency test and an English Proficiency Test (EPT) may receive a temporary work visa.

Individuals who can pass a high-school GED test and an EPT may receive an extended work visa, student visa, or service visa.

Individuals who have a bachelor’s or equivalent degree from an accredited institution and can pass an EPT may receive a permanent resident visa.

Individuals who have a post-graduate degree and can pass an EPT may receive an accelerated citizenship visa.

IV. Visas

1. Temporary Work Visa

A temporary work visa lasts for four years. At the end of the 4-year term, worker must return to his country of origin unless he can meet the requirements to upgrade to an extended work visa or student visa.

Ie: while in the United States on a TWV, the immigrant must study for and pass the GED in order to remain in the United States.

Children born in the United States to Temporary Workers are not legal citizens of the United States, but rather are considered legal residents under the term of the parents TWV.

Expired Temporary Workers who remain in Good Standing may not receive a second TWV, but may return to the United States as normal visitors, or may apply for an Extended Work Visa.

2. Extended Work Visa

An extended work visa lasts 8 years. At the end of the 8-year term, a worker who has remained in Good Standing may upgrade to Permanent Resident Visa, or return to his country of Origin.

3. Student Visa

Any person who applies and is admitted to any accredited college or University may receive a student visa, which is valid so long as the student maintains at least half-time enrollment (6 credit hours). A student visa lasts a maximum of 8 years.

Any student who graduates with a 4-year bachelor’s degree from an accredited college or University is automatically eligible to upgrade to Permanent Resident.

Any student who graduates with a post-graduate degree from an accredited college or university is automatically eligible to upgrade to Accelerated Citizenship.

4. Service Visa

Any person who has legally resided in the United States for at least two years may apply for the armed services of the United States. Any person who is accepted into the Armed Services will receive a Service Visa, which is valid for 8 years, so long as the person remains in the Armed Services. Any individual who completes 8-years of service is automatically eligible to upgrade to Accelerated Citizenship.

5. Permanent Resident

A Permanent Resident Visa does not expire. Greater benefits are allowed to permanent residents: The children of permanent residents are considered US Citizens from birth, and permanent residents will not lose their Good Standing for conviction of a class-c misdemeanor or less.

After 8 years as a Permanent Resident any individual may become a Citizen by passing the test of US Government and taking the Oath of Citizenship.

6. Accelerated Citizenship

Accelerated Citizenship lasts for 2 years. Greater benefits are allowed to Accelerated Citizenship residents: Their children are considered US Citizens from birth, and Accelerated Citizenship holders will not lose their Good Standing for conviction of a class-c misdemeanor or less.

After two years in Accelerated Citizenship, any individual may become a Citizen by passing the test of US Government and taking the Oath of Citizenship.

Individuals who hold an Accelerated Citizenship Visa but do not become citizens by the end of their third year with an ACV revert to Permanent Resident Status. ACV holders may choose to revert to Permanent Resident Status at any time, but may not switch back to ACV status after forfeiting it.

7. Citizenship

Naturalized Citizens are entitled to all the rights and responsibilities of natural-born citizens, and cannot be stripped of citizenship for any reason.

V. Miscelaneous

1. Immigration Assistance

In order to facilitate the immigration of dedicated and hard working individuals, schools may offer adult education in foreign countries specifically tailored to help individuals pass one of the educational thresholds required for residency in the United States. The United States will annually provide standard guidance for all education providers stating the subject matter of the educational threshold tests.

2. Documentation

In the case of individuals arriving at a point of entry to the United States without sufficient documentation of educational attainment, immigration centers will be placed at all United States points of entry where secure testing may be conducted to verify sufficient educational attainment and english proficiency.

3. Children

Children under the age of 18 will be considered as included in the immigration status of their parents in all cases.

Children who live in the United States for 10 years or more and stay in Good Standing, prior to turning 18, may automatically receive an Extended Work, Student, or Service visa upon turning 18.

Upon turning 18 individuals are considered adults, and will thereafter be treated as individuals separate from their parents for immigration purposes.

Children born in the United States to any citizen are citizens, even if one parent is not. Children born to parents who are both holders of a TW, EW, Student, or Service visa are not considered citizens, but are included in the immigration status of their parents.

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Ok, so that’s my idea. I think the obvious result of this is that legal immigration becomes much easier, but assimilation and education are the two factors that allow you to stay permanently. That seems about right from a social point of view. Any motivated and hard working individual would be able to earn citizenship by living here, staying employed, and getting a GED. Even a barely educated person could arrive, do a little bit of study while they worked, and steadily move up on a track toward citizenship that would be complete in 20 years. If someone comes around age 18 they’re a citizen before they’re 40.

These tracks are a little bit long, but the important part is that they’re basically automatic. Stay here, stay out of trouble, and maybe take some classes, and you steadily work your way up without any special permission or indeterminate wait etc. Make a little extra effort (go to college, serve in the military) and you’ll be on the fast track to citizenship.

This seems reasonable to me, more than anything because it creates a clear and predictable path that rewards hard work. The result of this kind of policy would probably be a new wave of immigrants, but I think the increase would largely be people with a little education and an eagerness to assimilate, which means maximally productive members of society. That’s a win for everyone.

Alright, this novel is long enough. Pick this thing apart, I’m eager to hear your thoughts. Just remember, be polite or your comments won’t be posted. Thanks!