I Love You Too, America

People who don’t know me well don’t realize I’m not American.  I have no accent, am among the most patriotic people you could meet, went to college and law school here, interned for a senator, clerked for a federal judge, worked on a presidential campaign, spent time in Iraq, and speak and write about the U.S. Constitution for a living. I was born in Russia, however, and immigrated to Canada with my parents when I was little.  “We took a wrong turn at the St. Lawrence Seaway,” I like to joke.

The upshot is that, much as I’ve wanted to be American since about age eight — when I discovered that the U.S. governing ethos was “life, liberty, and the pursuit of happiness,” while Canada’s is “peace, order, and good government” — I am a Canadian citizen.  And, because of this country’s perverted immigration system, none of the time I’ve spent in the United States (my entire adult life save a 10-month masters program in London) got me any closer to the unrestricted right to live and work here (a “green card”). 

Don’t worry, I’ve always been legal, through a combination of student, training, and professional visas, but those were always tied to the school or employer, hindering the types of professional activities I could engage in hanging a sword of Damocles over my life. If I lost my job — as so many lawyers have, for example, in this economy — I would have to leave the country where about 95% of my personal and professional network is located.

When I came to Cato, the opportunity presented itself to finally be able to petition for a green card.  (I’ll spare you the overly technical and exceedingly frustrating details.)  Along the way, I even got a certificate saying that the U.S. government — or at least the Department of Homeland Security’s U.S. Citizenship and Immigration Service (what used to be the I.N.S.) — considered me an “alien of exceptional ability.”  I didn’t let this go to my head; when lawyers and bureaucrats come up with a term of art, it means less in real life than, say, one of you readers emailing me that you liked something I blogged here.

Anyhow, not expecting any action on my green card petition for at least another year (based on the processing times posted at the USCIS website), last night I came home to an unmarked envelope in my mailbox.  It was my green card! — complete with a little pamphlet welcoming me to America.

This is quite literally the key to the rest of my life in this wonderful country.  Those who know me well know how huge a deal this is for me personally, how long it has taken, and how many arbitrary and capricious obstacles our immigration non-policy places in the way of “skilled workers.”  (Three years ago I attracted media attention during the Senate immigration debate with the soundbite, “if this reform goes through, I’m giving up law and taking up gardening.”)

I’ve been very fortunate in the opportunities I’ve had and the people I’ve met — including, in significant part, through the big-tent movement for liberty — and I am eternally grateful that this day has finally arrived.  Believe me that I will never take for granted the great privilege that is permanent residence in the United States.  My sincere hope is that America remains a beacon of liberty and that shining city on a hill.

I may well blog or write more about this in the future, but for more on my personal story, see, e.g., here, here, and here.  More importantly, check out Cato’s excellent immigration work here.

U.S. Chamber on Electronic Employment Verification

The U.S. Chamber of Commerce has a new paper out on electronic employment verification systems. Using government estimates, it finds that operating a nationwide worker background check system would cost $10 billion a year.

The Chamber is no opponent of requiring employers to check workers’ immigration status — I oppose the policy, preferring to live in a free country — but the paper has a lot of information about the practical impediments to giving the federal government a say in every hiring decision.

It also gives the last word to my paper, Electronic Employment Eligibility: Franz Kafka’s Solution to Illegal Immigration. In the paper, I discuss a method for verifying work eligibility under the current immigration law without creating a national identity system. It’s possible, but highly unlikely. As I say in my paper:

Unless the federal government can accept the risk of error and is willing to commit to lasting employment eligibility rules, it will require any internal enforcement program to use databases and tracking rather than just issuing cards that prove eligibility to work and nothing more. It will push Americans toward a national ID and worker surveillance system.

Should Immigration Agents Target Businesses Knowingly Hiring Illegal Immigrants?

The Obama Administration plans to shift immigration enforcement from workers to employers, but the whole policy of “internal enforcement” of immigration law is the problem, says Cato scholar Jim Harper.

According to Harper, aligning legal immigration rates with the demand for new workers in the country is the only solution to the problem of illegal immigration.

He appeared on Fox News this week to debate this issue.

For more videos, subscribe to Cato’s YouTube channel.

National ID Promoted by Anti-Immigrant Group — Sorta

If it was ever in doubt that REAL ID and the push for national ID systems are a project of anti-immigrant groups, this should dispel it.

The Center for Immigration Studies has a page up on its website in which REAL ID lobbyist Janice Kephart trots out videos of Bush administration Department of Homeland Security officials sort of making the case for REAL ID. Or at least for all the different ID programs they had. Or something.

Frankly, it’s not clear what this piece is getting at. The material is rather meandering, and neither the videos nor the text provide a coherent argument for a national ID, much less defeat the arguments against one. (The featured former officials are former, and not involved with the current administration, because voters rejected the fear-mongering of the former DHS and administration in the most recent election.)

What the text does say is that the Obama administration is cool on a national ID because it “gained many votes from those who support mass, illegal and unchecked immigration into the US.” This is inaccurate in many respects. Nobody supports illegal immigration, but many people do recognize that balanced and generous immigration rules would reduce it. This country has a long history of being immigrant friendly and of favoring liberty over things like national ID systems. If those kinds of policies win votes, so be it! It’s nice to see a group like CIS admit that their agenda is politically unpopular.

Whatever the case, if you had any doubt about what motivates national ID advocacy in the country, it’s anti-immigrant groups. Their amateurish interest in terrorism and national security is motivated by their fixation on preventing free movement of people. The great irony is that the Center for Immigration Studies would put native-born American citizens into a national ID system to try to get at their anti-immigrant goals.