In my 2008 paper, "Electronic Employment Eligibility Verification: Franz Kafka’s Solution to Illegal Immigration," I wrote about where "internal enforcement" of immigration law leads: "to a national, cradle-to-grave, biometric tracking system." More recently, I wrote "Internal Enforcement, E-Verify, and the Road to a National ID" in the Cato Journal. The "Gang of Eight" immigration proposal includes a large step on that path to national identification.
National ID provisions in the 2007 immigration bill were arguably its downfall. Scrapping the national ID provisions in the current bill would improve it, allowing our country to adopt more sensible immigration policies without suffering a costly attack on American citizens' liberties.
Title III of the "Gang of Eight" bill is entitled "Interior Enforcement." It begins by reiterating the current prohibition on hiring unauthorized aliens. (What seems to many a natural duty of employers was an invention that dates back only as far as 1986, when Congress passed the Immigration Reform and Control Act. Prior to that time, employers were free to hire workers based on the skills and willingness they presented, and not their documents. But since that time, Congress has treated the nation's employers as deputy immigration agents.)
The bill details the circumstances under which employers may be both civilly and criminally liable under the law and provides for a "good faith defense" and "good faith compliance" that employers may hope to use as shelter. The bill restates (with modifications) the existing requirements for checking workers' papers, saying that employers must "attest, under penalty of perjury" that they have "verified the identity and employment authorization status" of the people they employ, using prescribed documents or combination of documents. Cards that meet the requirements of the REAL ID Act are specifically cited as proof of identity and authorization to work.
In addition, the bill would create a new "identity authentication mechanism," requiring employers to use that as well. It would take one of two forms. One is a "photo tool" that enables employers to match photos on covered identity documents to photos "maintained by a U.S. Citizenship and Immigration Services database." If the photo tool is not available, employers must use a system the bill would instruct the Department of Homeland Security develop. The system would "provide a means of identity authentication in a manner that provides a high level of certainty as to the identity of such individual, using immigration and identifying information that may include review of identity documents or background screening verification techniques using publicly available information."
The bill next turns to expanding the E-Verify system, requiring its use by various employers on various schedules. The federal government and federal contractors would have to use E-Verify as required already or within 90 days. A year after the DHS publishes implementing regulations, the Secretary of Homeland Security could require anyone touching "critical infrastructure" (defined here) to use E-Verify. She could require immigration law violators to use E-Verify anytime she likes.
In an op‐ed in today’s New York Daily News, my co‐author Jonathan Owen and I argue that damage to Iran’s nuclear facilities from limited strikes would be modest, and likely require further strikes every few years or a long‐term occupation on the ground. The better option at present is for the Obama administration to show restraint and continue to explore diplomatic options:
Unless Americans are willing to fight Iranians to the death — possibly every few years — Washington must stop polarizing the situation. Aggressive policies and rhetoric do not benefit our security.
Without demanding that Iran surrender on the issue of uranium enrichment, the U.S. — which accounts for almost half of the world’s military spending, wields one of the planet’s largest nuclear arsenals and can project its power around the globe — should lift sanctions, stop its belligerence and open a direct line of communication with Tehran.
The President has said repeatedly that “all options are on the table.” But contrary to popular belief, diplomacy with Iran is an option that has yet to be fully exhausted.
Left out in the final cut was the important point that if the United States was to go to war with Iran, U.S. soldiers will once again be asked to risk their lives by prosecuting a reckless war of choice against an enemy willing to accept high casualties. Iraq and Afghanistan should have taught policymakers that mission creep often drives seemingly easy and limited interventions toward prolonged wars of occupation and nation‐building. Attacking Iran’s nuclear infrastructure would risk a similar, unacceptable mission creep.
Cross‐posted from the Skeptics at the National Interest.
Over at “The Skeptics” blog at The National Interest Online, I wrote a short piece detailing the abysmal state of the Afghan army and police — you know, the institutions that are supposed to take over responsibility for security and allow U.S. forces to being to come home?
“From illiteracy and corruption to poor vetting and low pay, the current training effort has yielded a force of compromised caliber.” What’s more: “An AP reporter on patrol with Americans at Combat Outpost Ware in the Arghandab Valley found that when the Afghans go on patrol they are treated as outsiders. “When they see us, the old men say, ‘They are the sons of the British,’ ” Lt. Haskar said, explaining that the villagers equate both the Americans and the Afghan soldiers with the British attempt to colonize Afghanistan in the 1800s.”