The White House released a list of immigration priorities for Congress yesterday. These ideas would render a broken immigration system even more dysfunctional, and the president’s team justifies these expensive and unnecessary proposals with distortions and falsehoods. President Trump may never have reviewed them, so we should not necessarily view these ideas as set in stone, but they do demonstrate how far certain members of the administration are willing to go to undermine the growing bipartisan consensus on allowing young undocumented immigrants to stay.
Here are some problems with the priorities:
1) Not a single pro-immigrant plank: When the White House first announced that it would put together this list, it explicitly tied it to a deal with the Democrats on DACA. Yet these new principles fail to mention anything about DACA or the Dreamers, despite President Trump’s public endorsement of legalization for them and his personal efforts to obtain a deal on the issue. Legislative DACA—which is the only humane outcome for people who are Americans in every sense that matters—would increase tax revenue, grow the economy, and lower enforcement costs. Beyond DACA, the proposals also will not fix any of the infuriating and irrational aspects of America’s legal immigration system. Indeed, it will make them all worse.
2) An expensive ugly border wall: President Trump’s top priority is the “construction of a wall along the southern border of the United States.” This gigantic expenditure of taxpayer dollars will do little, if anything, to secure the already secure border. More importantly, while the proposal will not make Mexico pay for it, it would make legal immigrants pay for it through taxes on immigration applications. Beyond being exceptionally unfair, these new taxes—which the proposal erroneously calls “processing fees”—will make legal immigration and tourism more expensive, reducing foreign investments, expenditures, and work in the United States, all of which would harm the U.S. economy.
3) Criminalizing nonviolent civil offenses: The priorities would create a new misdemeanor offense for overstaying a visa. Immigration fraud is already a crime. This would criminalize the technical violation, regardless of the reason. It would also create new criminal penalties for filing “baseless” asylum applications and increase penalties for those who recross the border after a deportation.
Bills containing these ideas are already moving through Congress. They would gut much of the progress America has made on criminal justice reform over the last decade, finally decreasing the federal and state prison populations for the first time in decades. Immigration offenses already make up half of all federal criminal arrests. At any particular time, the federal government has 23,000 immigrants incarcerated for immigration offenses. The priorities would also allow state and local governments to pass their own enforcement laws, which—if they included criminal penalties under state law—would vastly expand America’s capacity to pointlessly lock up immigrants for these offenses. This idea could be what the drug war once was to America’s over-incarceration problem.