Why Can't The U.S. Control Immigration?

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The debate over illegal immigration once again dominates the print and visual media in the United States. This debate, which is full of  rancor and invective, has raged for the past four decades while the problem, by and large, has not been addressed by our policy-makers in Washington. Undoubtedly, the tough economic times  have made the scape-goating of "undocumented" workers politically acceptable, although few Americans who employ undocumented workers as roofers, gardeners,  servants, cleaners, dog-walkers or au pairs would concede that they, too, are a part of the problem.

        Nevertheless, the persistence of illegal immigration is another indication of the collapse of the rule of law in contemporary America. Depending upon whose statistics one wishes to accept, before the financial meltdown that began in 2008, there were anywhere from 12 million to 20 million illegal immigrants present in the United States. Although these individuals violated American immigration law, their crimes were compounded by the thousands upon thousands of American employers who illegally employed and exploited them while feigning ignorance of their status as ineligible employees. Current federal laws require that prospective employees present proof of citizenship or show that they are lawful alien residents, but Congress, still beholden to corporate interests, has not required that all employers use the E-Verify database created by the U.S. Department of Labor.  .

        Once again, the fear of government control along with purported concerns about privacy and individual rights have stymied the adoption of a very simple mechanism to ascertain citizenship status and to control immigration--a national identification card, which virtually all policy analysts concede would be effective.

        By contrast, European social democracies--even Spain, which, as of 2010 still had a Socialist government--have embraced the use of national ID cards with little difficulty or divisive political debate. In the United States, however, the debate focuses almost entirely upon concerns about alleged government intrusion and threats to privacy and individual liberty. Indeed, few Americans seem to know  that Spain, France, Germany and Sweden, to name but four social democracies, provide more extensive legal protections for privacy than citizens in this country presently enjoy. Ironically, by contrast, the enormous and intrusive amount of personal financial information and data that Equifax, Transamerica and Espiron--three unelected, private, for-profit credit reporting agencies--currently compile and maintain on almost every American citizen barely elicits a critical comment.

        One explanation for these differences may be found in the differing political traditions. European democracies, in contrast to the individualism of American liberal democracy, are communitarian cultures. Even those European countries which experienced the Protestant Reformation in some form--such as England, the north of Germany, or those in Scandinavia--were able to retain a cultural reservoir of traditional Catholic conservative values--the ancien regime. To the present, those residual cultural values emphasize the importance of family and community and support the notion that there exists something called the public interest, or, to use Rousseau's phrase, "the general will," which is separate and distinct from the interests of individuals. Consequently, a number of these European democracies have successfully made the political transition to social democracies with broad safety nets. Canada has accomplished the same. In the United States, by contrast, the persistence of the traditional consensus - which endorses the anti-social individualism which is John Locke's  legacy  to this country -  constrains the ability of citizens and policymakers alike to imagine, or to advocate, policies which promote a social or public good, as opposed to the policies which are calculated to benefit only individuals or special interests.





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