Here's Exactly How the Senate's Bipartisan Immigration Plan Could Go Horribly Wrong

If Congress botches the details, it could end up driving immigrants further underground, wasting billions in the process.  


This year's drive for comprehensive immigration reform started off as well as anyone could hope. It officially kicked off yesterday, when the country was treated to the pleasantly surreal sight of chummy-looking Senate Democrats and Republicans standing together in front of the TV cameras to announce a bipartisan plan of actionBetter yet, their outline has the potential makings of a workable, even-handed solution not too far off from what President Obama himself has advocated. It even seems possible the House GOP caucus could get on board.

Yet if you look closely at what's been put on the table so far, there's ample reason for dread. Right now, there's no legislation to speak of -- just a broad set of goals designed to satisfy both sides of the aisle. And depending how Congress chooses to fill in the blanks, the resulting bill could easily turn into an outsized case study in the law of unintended consequences, creating a mess for immigrants, businesses, and the government. 

How big a calamity could we be talking about? Imagine illegal workers pushed further into the underground economy; legal residents kicked out of their jobs; lost tax revenues, small businesses collectively forced to spend billions on faulty software; and billions more spent on border enforcement overkill.

And that's the stuff that's easy to foresee. 


In the abstract, the Senate plan's five main aims are all at least somewhat reasonable. It seeks to:

  • Secure the borders  
  • Create a path to citizenship for the estimated 11 million or so undocumented immigrants who are already in the country
  • Implement a national system that employers will use to verify whether workers are here legally
  • Encourage more high-skill immigration
  • And create flexible limits on overall legal immigration that rise and fall with the health of the job market. 

Again, this is all rational. Nobody is in favor of porous national borders. Nor is anybody really in favor of consigning 11 million people, most of whom just want to earn a living, to lives as permanent outlaws (not to mention easy exploitation by employers). We could try to deport that population, but aside from being impractical, the effort would deal a massive blow to our economy as their spending disappeared. We could offer undocumented immigrants permanent non-citizen status, where they would get to stay in the U.S. but never have the right to vote, as Boston College Professor Peter Skerry suggested in National Affairs this month, but that might sit wrong with many Americans' sense of decency. So citizenship seems like the best route. But offering today's undocumented residents a chance to one day take the pledge of allegiance poses its own problem: it might encourage more illegal immigration down the line, and those new arrivals could undercut the wages of the newly legal population. To overcome that hazard, we need a surefire system of keeping employers from hiring undocumented labor on the down low. 

Underlying all of this is the fact that America's system for importing workers is badly outdated, particularly when it comes to high-skill talent, but also regarding low-skill labor. We need to fix it. Preferably we'd do it in such a way that increased legal immigration overall, since without more migrants, America's at risk for an eventual population decline (and with it, a whole host of economic problems). 

So kudos to the Senate bipartisans for drawing up a plan to address those issues. Now here are three things that could go wrong.


Step one of the Senate plan involves securing the border -- or, as its authors put it, providing federal agents "with the latest technology, infrastructure, and personnel needed to prevent, detect, and apprehend every unauthorized entrant." It also vows to create a system that will alert the feds whenever someone overstays a visa, which is how around half of the undocumented end up inside the country illegally. Until those boxes are checked, no previously undocumented immigrants will be allowed to apply for their green cards.

Problem is, we don't know yet what will qualify as "securing the border." There are no benchmarks. John McCain yesterday simply told reporters: "I'll know it when I see it." One must ask, then: Will the Senate and House be happy to throw more resources at the border to pacify voters, then move on? Or will they set hard goals for reducing the number of border crossings and visa cheaters? And if they do, what will the magic number be? According to the Pew Hispanic Center, net migration from Mexico is already at zero, likely thanks to the recession, improvements in the Mexican economy, and stepped up border enforcement. But zero net migration isn't the same as zero immigration. Rather, it means more Mexican nationals are leaving the U.S. than arriving -- not that families have stopped trying to cross the desert. Does that mean the border still isn't secure enough?

And if not, how much are we willing to spend to go further? The U.S. border patrol's budget has more than doubled to over $3.5 billion since 2000, adjusted for inflation, and the number of southwest border patrol agents has surged, as you can see in the graph below.

Thumbnail image for DHS_Mexican_Border_Patrol_Agents_Edit_Final.PNG

The border debate casts a long shadow over the rest of immigration reform because, again, until Washington is satisfied that it's been secured, our undocumented population won't be permitted to apply for green cards. The wait will be layered on top of the interminably long time it usually takes to get a visa, since they'd be required to start at the back of the line (today, Mexicans and Filipinos face a 16-to-20-year wait for a family unification green card). The Senate plan suggests they'll try to add visas to clear through that backlog, but even cutting it in half would leave many immigrants marooned in semi-legal status for up to a decade. Delaying the process for too long while the border is fixed will only make permanent residency and eventually citizenship a more remote goal.


The path to citizenship itself is probably most controversial element of the plan, and it's certainly the part most likely to come under attack from cranky House conservatives. Unfortunately, that's the piece of the law where subtle changes could wreak the most havoc.

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Jordan Weissmann is a senior associate editor at The Atlantic.

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