Legal Immigration in the 21st Century

Abstract

This contribution to a book on proposed immigration law reforms offers concrete proposals for reform of U.S. immigration law. Professor Johnson's proposals are based on the following basic principles: (1) consistent with modern civil rights sensibilities in the United States, our immigration laws should not discriminate on the basis of race or national origin. Nor should the laws seek to shield the nation from the racial, ethnic, religious, and cultural diversity found throughout the world; (2) In fashioning effective legal immigration proposals, immigration law and policy must take into account undocumented immigration. When the demand for migration far outstrips the numbers of immigrants who may be lawfully admitted, undocumented immigration, either through visa overstays and violations or through entries without inspection, will flourish; (3) Mexico is the leading country of origin of legal and undocumented immigrants to the United States. Regularizing the flow of immigrants - particularly undocumented immigrants - from Mexico obviously is critical to making a legal immigration system work effectively and efficiently; and (4) The United States must strive to integrate all immigrants into the political, economic, and social fabric of American life.

Under current political conditions in the United States, an open borders policy does not appear politically viable. Assuming that the political process demands limits on immigration, we must ensure that such limits do not invidiously discriminate and that the U.S. government does not selectively enforce the laws against citizens of certain nations. This paper offers some concrete immigration law reform proposals consistent with the basic foundational principles outlined above.