From a rights and limited government perspective, normalizing the situation of illegal immigrants ought to take top priority. Lack of legal status prevents illegal immigrants from participating in economic and civic life. As I’ve argued before, it’s not access to welfare that drives illegal immigrants' desire for legal status, but rather access to property and other rights that are, in our modern society, unfortunately tied to government documents and recognition. Focusing on a “pathway to citizenship” recognizes the need for illegal immigrants to have government recognition in order to buy and sell property, enter into contracts, use the court system for dispute resolution, and so on. It provides a way to depoliticize the issue and broaden its appeal.
For a libertarian solution, the "path to legalization" isn't about delivering new voters for the Democrats or increasing the welfare rolls, but about creating a legal environment wherein millions of people already living in the U.S. can become full and active participants in the economy. It would involve providing a federally recognized legal status for illegal immigrants that would fall short of citizenship or permanent residency but allow them to participate in economic and social life—to open bank accounts, drive, acquire occupational licenses, board planes, and do the many other things that require an ID in America today.
Concurrently, a libertarian solution would repeal the laws that penalize employers for hiring the wrong person. Employers have as much of a right to associate freely as immigrants have to travel freely. Government edicts should not come in the way of someone who wants to work and someone who wants to pay for work.
Of course, the libertarian approach also seeks to legalize drugs, which is a huge component of our massive governmental approach to border security. Gomez points out, though, that
Republicans of both the conservative and libertarian variety need to coexist in order for the party to have a viable future. In fact, on many issues the libertarian wing is taking the lead. Insofar as the Tea Party is about smaller government, lower taxes, less debt, and more personal freedom, it’s operating in deeply libertarian territory. But somehow Rubio’s intent is a sin so unforgivable that many had written him off as just another RINO in the mold of John McCain and Lindsey Graham.
Gomez wonders who made immigration reform the litmus test of conservatism?
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