The Wretched Refuse: Sovereignty, Law and Economics
[Kat- I know I said "The Castle Under Siege" was next, but comments led to an immediate necessity to address labor numbers and economy; Ry, the answer to your question is in comments on previous post. Reminder, I write the post, not the Armorer. Comments or questions should be directed to this post. Thank you.]
WolfeWalker, in comments at "Walling Ourselves Into A Hole", states that the reason that our laws cannot be enforced is because we say it cannot be enforced. I am unsure to which "cannot" he is alluding to.
Is it the "cannot" that I don't think we should not? Or is it the "cannot" that I believe is our inability, short of developing a police force the size of our army, to actually enforce the laws that we have enacted?
Both actually. I believe that our demands for defending our "sovereignty" by stopping illegal immigrants through a wall and "enforcing our laws" by deporting existing illegal immigrants actually creates a larger tax burden, isn't feasible and, considering the economic impact, is highly undesirable.
[continued in flash traffic]
I believe that we do not create this police force because we are rightfully careful with the power that we give the government. The power we give a police force to enforce the immigration laws based on the size of the illegal population and the likelihood of mitigating it to the amount that people want it to be would be an extensive force. On top of the policing abilities we have already ceded to the government through the ATF, FBI, NSA, CIA, existing INS, CBP and various other organizations at the national, state, county and city level.
WE fear creating that power for the very reason that is stated in the Declaration, that such forces become, by nature tyrannical. We fear that because "experience hath shewn" that states that have developed such forces have expanded and used those powers successively and progressively until it has turned into tyranny.
Our founders chose a representative republican democracy to insure that the tyranny of the majority did not overcome the very liberty they hoped to create here. That tyranny being equally objectionable from a majority as a single tyrant. Even if that majority insists that its demands are about defending the nation and enforcing the law. An argument that has been made many times before even in regards to alleged "law and defense" that became detrimental to the state.
We object strenuously to encroachments on our freedom by the government by rejecting the abuse of "eminent domain", by rejecting attempts to eliminate the right to bear arms and through objecting to the many expansions of government rules, regulations and power to enforce them. I believe we instinctively reject giving the government real power that would be absolutely necessary to effect that type of enforcement of immigration laws required by instinctively rejecting paying the type of taxes that would be required to fund such operations.
We have put that rejection of the possible tyranny and discrimination in law by creating contradictory enforcement laws that, I believe, we would reject overturning because of potential abuse. Sanger, in comments, quoted well known authors on this point:
Christian Joppke explains why previous U.S. immigration control acts failed to stop or reduce illegal immigration, even when employers were threatened with penalties. For example, regarding employment eligibility verification by employers, he wrote "the positive affirmative-defense incentive was complemented by a negative anti-discrimination incentive: demanding a specific ID constituted an 'unfair immigration-related employment practice.' So employers were better off accepting the document passively offered by the prospective employee.As David Martin put it, [the] sanctions scheme 'tells employers that it is more important to avoid even an appearance of discrimination than it is to wind up employing unauthorized workers.' The civil rights imperative of nondiscrimination has obviously stood in the way of effective immigration control."
We have balanced out our need to attempt to control immigration with our need to insure that immigrants, particularly legal immigrants, could not be discriminated against in the employment sector. We created friction and contradiction in order to insure that abuse could not occur and that we erred strongly on the side of liberty and defending the rights of all.
At the same time, we have told businesses, through our contradictions, that they are damned if they do and damned if they don't. We have to ask ourselves, when we speak of enforcement of "the laws" which one are we going to insist on as the imperative? Which one are we willing to sacrifice? Controlling immigration or freedom from discrimination? Does our current enforcement policy balance these imperatives? Most pro-wall/pro-absolute enforcement adherents believe that the answer is, "No."
If we are to enforce immigration to the extent that many seem to want, to penalize businesses for searching for labor among immigrants or expanding and growing economically by eliminating a pool of labor, or penalize them legally for doing both of the things we want them to do, what business will want to hire anyone that is an "other" that does not speak with an accent for fear of prosecution? What business will want to be here when our labor pool shrinks beneath our needs? What immigrant, legal or otherwise, will want to come here for the opportunities when we eliminate them? Again, shrinking our labor pool beneath our actual needs and any reserve?
What becomes of the immigrant who is here, cannot find opportunities and remains locked into his community without prospects? These very opportunities are exactly the opportunities that insure that our immigrant population does indeed "assimilate" into our culture much faster than those who live in Europe and other places. Our streets are not "paved with gold", contrary to popular myth, but they are paved with golden opportunities. To quote the "Lady in the Bay",
I lift my lamp beside the golden door!"
Our actual need for immigration to sustain our competitive industry and labor markets which, in turn, sustains our economic viability and growth, is not represented by our current legal immigration statutes or processes.
In 2001, after the events of 9/11, unemployment was at 5.6% or 9 million. Our current rate is 4.9% or 7.6 million. At the lowest it was 4.4% or 7 million. Since 2001, the United States has had a net job growth of over 8 million jobs, averaging a net increase of 1.5 million per year.
Current aging population leaving the work force, even with higher retirement age, is approximately 3.8 million per year and growing. Current replacement from internal births for teenagers reaching employment age is approximately 3.6 million per year and is projected to continue to shrink for another decade. We are at a net negative loss of labor in the work force and it will continue to be a net negative without an increased population replacement rate against a growing aging population that currently stands at over 50% of the population (150 million) over 65. In five years, we will grow that by another 15 million, many of whom will leave the work force and create an even larger net negative replacement rate.
The question that many are, hopefully, asking themselves is: if we have a net negative labor replacement and a net positive job growth, how are we filling these jobs? The answer is very simple: immigrants, both legal and illegal.
Avg legal immigration per year: 650,000
Working age legal immigrants: 64% or 416,000
Avg illegal immigration per year: 1.3 million
Working age illegal immigrants: 67% or 871,000
Out of the "illegal immigrants" many of them are here originally as "temporary workers". In 2006 temporary workers and their families represented 1.7 million with approximately 821,000 that were workers. In that year, the United States posted a net positive job growth of 2.38 million.
In short, we are barely meeting our net job growth or the need for an expanded labor force which drives our GDP growth which has averaged 3.4% or better yearly. The current economic down turn is growing unemployment since July 2007 with approximately 500k jobs lost. However, while an unemployment rate of 7.6 million may seem uncomfortable, it is barely a three year reserve towards growth.
He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.
If we, by some chance, build a wall capable of reducing illegal immigration to nearly nil, the impact on the available labor force will be immediate and detrimental to our potential growth. As we build, immigration will dwindle. If we do not build, simultaneously, an effective, increased pro-legal immigration regime complete with more and easier access to temporary workers' visas, even at the risk that some will stay on illegally, we will quickly find ourselves in a position where our potential growth stagnates or becomes a net negative effect.
Today, that includes the potential net negative effect of improved immigration enforcement. Many are calling for an enforcement regime that will be able to deport the estimated 11.6 million known illegal immigrants in this country. Of which, nearly 8 million are currently in our labor force.
That desire is probably moot as we do not have those capabilities and probably will never authorize the expense to do so. But, even the idea that we would attempt to remove a part of our labor force required for growth in the face of net negative internal replacement seems to be an exercise in cutting our noses off to spite our faces. Not to mention the potential future laborers in their children who we will also deport.
Many oppose amnesty for these 11.6 million illegal immigrants. They insist that they either be denied citizenship completely or be forced to return to "the back of the line". Yet, it is citizenship and the legal documents that go with it that allows immigrants to move more quickly through the economic ranks to the middle class and above. It is the middle class that is the back bone of this nation; that creates the greatest wealth and drives economic growth.
By allowing this population to obtain documents that will allow them to obtain more jobs with benefits such as health care, education and retirement, they move more quickly from the rolls of our Medicaid and other assistance programs reducing the burden on other citizens. They leave less unpaid hospital bills that lend towards increased health care costs. They pay more taxes that increases government revenues and provides much needed influx of taxes to social security and Medicare.
By forcing this population to remain "underground", even in the guise of justice or law, creates an under ground economy that is a healthy part of our system, but negates payment into government programs. It leads to the temptation of criminality to either prey on or become a general practice to earn income within the community and it isolates those communities from our own, interfering with the process of assimilation into our national identity.
We discuss the sovereignty of our nation and its defense as borders and physical capabilities to keep people out that have not been "invited" or who wish to attack our nation. That defense depends on our ability to create revenue to pay for that ever increasing cost of defense against advances in technology, the ability of state controlled, conventional forces and those of non-state actors to invade and infiltrate our lands.
Without a population that is able and of the age necessary and capable to join our defense forces, to maintain and grow our labor force and economy and to insure the continuation of democracy and freedom in this land, our borders, regardless of walls or sensors, will be moot.
The New ColossusNot like the brazen giant of Greek fame,
With conquering limbs astride from land to land;
Here at our sea-washed, sunset gates shall stand
A mighty woman with a torch, whose flame
Is the imprisoned lightning, and her name
Mother of Exiles. From her beacon-hand
Glows world-wide welcome; her mild eyes command
The air-bridged harbor that twin cities frame.
"Keep, ancient lands, your storied pomp!" cries she
With silent lips. "Give me your tired, your poor,
Your huddled masses yearning to breathe free,
The wretched refuse of your teeming shore.
Send these, the homeless, tempest-tost to me,
I lift my lamp beside the golden door!"
Emma Lazarus, 1883
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