Fixing immigration without a police state

Many Americans want fewer immigrants, primarily because they worry that immigrants are competing with native-born U.S. citizens for jobs. There are of course other reasons. Some people are racists. Some people imagine that immigrant populations will include radicals or terrorists. But I think the jobs one is the big one.

Border fence with barbed wire at the top and a sign warning

I think I see a good way to fix this particular problem. A good enough way that we probably don’t even need to have visas, or immigration checks at the borders. Most important, we wouldn’t need to have a police state with ICE agents sweeping up brown people and demanding to see their papers.

My idea is simple: add a tax surcharge—perhaps 15%—on companies, on the payrolls of immigrants, legal or not. (Plus a twist I’ll mention in a minute.)

This fixes several problems at once.

First, it means people can quit arguing about whether companies are hiring immigrants because of their skills, or just because they’re cheaper or more willing to work long hours, or whatever. If companies are willing to pay an extra 15%, they’re definitely in need of the skills. (Maybe the ideal rate is 10% or 20%. It should specifically be enough that companies will hire native-born workers if they’re capable of doing the job, because they’re cheaper than foreign-born workers after taxes. A bit of experience will show us the ideal rate.)

Second, it’ll raise wages and salaries for Americans, because even a big raise would be cheaper than hiring an immigrant.

Third, it’ll greatly reduce the cost and trouble of the numerous visa programs. In fact, we can probably just get rid of visas. Anyone can come to the U.S. and work, as long as their employer pays the surcharge.

Of course this only works if employers actually pay the surcharge—and why would they do that, if they’ve been cheating on employing illegal immigrants all along?

Well, the twist I mentioned above is to solve that: Make the statute of limitations on this tax ridiculously long. Maybe 35 years. Add on some severe penalties for non-payment as well—double the original bill, plus interest and the ordinary penalties for unpaid taxes.

Oh, and spread the liability around. If the immigrant is technically employed by a contractor, but he or she works at your site, you’re also liable for the surcharge. (I don’t expect it would be possible, but I’d like to see the CEO be personally liable for the surcharge, in cases where the corporation went bankrupt somewhere along the line.)

With a policy like this in place, employers—instead of looking the other way when they suspect someone is an illegal immigrant—now really want to know. Because they either have to pay the surtax now, or else they’re on the hook for double that money for years into the future.

I’m thinking of 35 years, because it’s long enough that the immigrants might be reaching retirement age about then. If we throw in a little incentive—perhaps 10% of the tax collected—they might be willing to report all their former employers when they’re ready to retire. Remember: They don’t owe any extra tax—the liability is all on their employers. But they can collect that little 10% as a boost to their retirement by ratting out three decades of tax-cheating employers.

I think this solves everything.

Since everyone is legal, there’s no need to worry about whether someone is “documented” or not. No need to worry about visas. No need to check anyone’s papers.

Oh, there’ll still be a need for papers—employers will want to be sure a potential employee is a citizen—there’s just no need for the police to check them. And of course, some citizens might have trouble coming up with papers. But those problems are no worse than they are already, with the bonus that they can be sorted out at leisure in ordinary courts, rather than in special immigration courts with people in detention. Citizens can show they’re native born all sorts of ways, just like they do now if they need to get a passport, but don’t have a birth certificate. Naturalized citizens have naturalization papers, plus there are other records.

Companies can copy and maintain the documentation to show that their employees were citizens, or else pay the taxes.

Nobody is “illegal.” Anybody can call the police, get a drivers license, get car insurance, send their kids to public school, go to the doctor, all without any worry that they’ll be deported. (Of course, they might not stay long, if they don’t have skills that justify their employer paying an extra 15% tax to employ them, but that’s okay too.)

We can save a bunch of money on border security, because anybody can come into the country, as long as they’re willing to compete with the locals at a 15% disadvantage.

My main interest here is in getting rid of the need for police-state behaviors on the part of the government. If everybody is legal, there’s no need for them. My secondary interest is in living in a more diverse community. I like having foreigners around. I like living among a diverse ethnic population. I think it could be awesome.

As a bonus, those extra taxes will fund quite a bit of extra government spending. Maybe even makes some headway on the national debt.

Philip Brewer @philipbrewer