This is an archived article that was published on sltrib.com in 2011, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.
"Everyone who has migrated to Utah from another area is, in a sense, an immigrant." — Utah History Encyclopedia
"We are all humans and immigrants in this world." — Vanessa, a 16-year-old undocumented student
Immigration reform has bedeviled this country for 15 years. After signing a restrictive immigration bill in 1996, President Bill Clinton promised to revisit and reform the system. Presidents George W. Bush and Barack Obama pledged the same. It never happened.
Frustrated with federal inaction, states have passed their own reforms. But immigration policy, because it concerns international borders, is, by law and logic, a federal prerogative. Utah's Arizona-style enforcement law is stuck in court, and a guest-worker law faces the same fate if it is ever implemented.
The federal government largely has ignored the employment of undocumented workers because of their crucial importance in certain industries and businesses. Studies suggest a positive or at least neutral economic impact from undocumented immigration, but that is hard to quantify. Consumers come out ahead while some native workers lose.
Clearly, though, society is suffering under the strain of conflicting policies and practices and federal immigration reform should not be further delayed.
In 2006 I wrote an op-ed column for The Tribune in which I posed questions that, owing to federal inaction, remain relevant today:
1. Looking outside, how should we reform our system for those who wish to come here?
2. How should we structure our enforcement mechanisms, at the border and internally, to ensure compliance with and respect for the law?
3. Looking inside, how should we deal with an unauthorized population of approximately 12 million?
Visa quotas and categories for a family-based system were established in 1965. Waiting lists that exceed 15 years indicate an outdated system. Reform should align immigration to societal realities.
Employment-based processes cost too much in time and money. Some businesses employ the undocumented because there is no realistic alternative. This is wrong, but understandable.
A dynamic economy requires a dynamic immigration system. Matching visa quotas to changing economic needs would help.
The entrepreneurial and enterprising spirit of immigrants could prime the economic motor.
Border policy has centered on militarization. This mostly has enriched contractors. Border policy should address security and criminal threats to the United States while facilitating orderly flows of people and commerce.
President Ronald Reagan signed an amnesty bill in 1986. A valid criticism is that it failed to improve compliance with and respect for the law. This should not happen again. Genuine employment verification that holds employers and employees accountable must be part of immigration reform.
Approximately 12 million undocumented immigrants live here. Blame for that figure is shared among the undocumented, government, businesses, consumers and others. However, assessing blame mostly works to stall reform. Particular interests benefit. Society remains frustrated. Action is needed.
Reformers want to avoid the word "amnesty," or define their proposals as something different.
No need to do that. The undocumented are not going anywhere. It is wrong to condemn them to second-class status or restrict them as temporary or guest workers. Politics should not reduce human beings to mere economic actors.
Undocumented immigrants have developed familial, societal and economic ties. They largely have benefited their communities.
Many, especially youth like Vanessa, have become American in every way except on paper.
President Reagan was wise to sign an amnesty law in 1986. Twenty-five years later, amnesty is wise again. The challenge is to get it right.
Mark Alvarez is an attorney and a member of the City Library Board. He lives in Salt Lake City.