Pressure Builds on Illegal Immigration

E-Verify has yet to receive a hearing

An Idaho story went national this morning when Breitbart News picked up the tale of Immigration and Customs Enforcement picking up a criminal illegal alien employed by Mickelsen Farms of eastern Idaho. The article framed the story as a debate between two Idaho Republicans — Rep. Stephanie Mickelsen, co-owner of the farms, and Ryan Spoon, 1st vice chair of the Ada County GOP — over immigration policy.

House Bill 252, which would force Idaho businesses to use E-Verify to ensure their employees are legally allowed to work in Idaho, has been stalled in House State Affairs for more than a month. Agricultural interests such as Mickelsen Farms oppose mandatory E-Verify, as does the powerful Idaho dairy industry. Rep. Mickelsen tried unsuccessfully to kill H252 during its print hearing in February.

While this legislative session has been positive in many ways, I’m concerned about the lack of action on immigration. Despite the lesson of the Trump Administration, that we really can do things that are right and necessary, Idaho lawmakers seem to be stuck in business-as-usual mode with regard to immigration policy. The first concern is not the safety and well-being of the citizens of Idaho, but the bottom line of agricultural firms.

Look at the “about” page for Mickelsen Farms. I truly believe this is an American success story, the very sort of family-driven enterprise that we should be celebrating. In an era that has seen traditional American farms be gobbled up by big multinational corporations throughout the country, having a multi-generational family farm still operating successfully here in Idaho should fill us with pride. It raises the question, then, of why it must hire foreign workers, including illegal aliens.

Rep. Mickelsen and many others have said that removing the 10,000-35,000 illegal aliens currently working in Idaho would inevitably cause shortages and price increases. Agricultural and dairy lobbyists in Idaho are instead urging the federal government to increase the number of guest workers, not only changing the H-2A visa to allow for year-round employment instead of the current restriction to seasonal work but asking for amnesty for illegal aliens currently in the state as well.

Lobbyists and farmers say that this is just the way things are, and we cannot change it no matter how hard we wish. The InvestigateWest story quotes Rep. Mickelsen as saying “It would be wonderful if you could hire a domestic workforce. But the problem is, people don’t like to do farming jobs.” Does that necessarily mean we must accept a future in which the sorts of jobs that once taught young people the value of work are permanently off-limits to American citizens?

The problem of Americans allegedly not being willing to do jobs like this is partly a consequence of these jobs now being reserved for foreign workers. I’ve written before about how businesses game the H-1B visa system by offering fake positions to Americans to justify being able to hire foreigners. Does the same thing happen in agriculture now?

I recognize that converting to a workforce that is mostly American citizens will mean a rough transition, but I think it is a worthwhile effort. Older generations constantly complain that young people lack a work ethic, but that partly comes from not having the opportunities previous generations did to do honest work with their hands. Idaho taxpayers spend tens of millions of dollars each year to train high school graduates for so-called in-demand careers as part of the Launch Grant, so why not allow them to gain valuable experience and contribute to our economy in the agricultural sector as well?

Part of the problem is surely a federal government that has been weaponized against the American people. The InvestigateWest story points out that farm owners are often caught between a rock and a hard place:

Farm owners like Mickelsen are caught in a pincer between two federal agencies, said Thomas, the immigration attorney: Either accept documents at face value — some of which may be fakes from unauthorized immigrants — and risk punishment by Homeland Security, or question documents too closely and risk being sued by the “wildly aggressive” Immigrant and Employee Rights division of the Department of Justice.

Hopefully the Trump administration reins in the weaponized federal government. Beyond that, I believe that mandatory E-Verify would be a boon to business owners by shielding them from these contradictory federal mandates. Rather than facing liability for questioning documents too closely, businesses could shift any blame to the federal E-Verify system.

As the debate over illegal immigration rages throughout our country, all sides are employing emotional rhetoric and imagery. Earlier this week, the official White House Twitter account posted a cartoon rendition of a criminal alien being arrested and deported. Democrats pounced, denouncing it as cruel and insensitive, despite the fact that the alien in question had been convicted of trafficking fentanyl, a drug that has killed hundreds of thousands of Americans.

The same rhetorical battle is happening in Idaho. In the InvestigateWest story, Rep. Mickelsen lamented the deportation of her former employee:

“Now you have three children that are American citizens who are entitled to social benefits because their dad was supporting them and will not be any longer.”

Beyond the emotional imagery of three poor children whose father now faces the consequences of his actions are additional questions about how far our compassion as taxpayers should go. Earlier this session, committees heard debate on House Bill 199, which made the Medicaid benefits threshold for refugees equal to that of citizens. Refugee aid agencies claimed this was a terribly mean thing to do, and Democratic lawmakers said that refugees deserved more than American citizens because they had seen awful things in their lives.

House Bill 135, which would deny non-emergency welfare benefits to illegal aliens, received even more emotional testimony. Several Republicans joined Democrats in opposition to this bill, though to her credit Rep. Mickelsen voted in favor. H135 currently awaits a vote on the Senate floor.

If America, and Idaho, had infinite resources, then perhaps we could take care of everyone in the world. If Idaho had unlimited land, unlimited water, unlimited electricity, and unlimited jobs, then perhaps we could invite the world to come live here with us. But that’s not the real world. Resources are finite, limited, scarce, and the purpose of government is to serve its citizens, not extract resources from citizens to serve everyone else.

It is especially egregious when the foreigners in question have come into this country illegally, cutting ahead of those who are trying to follow the rules. No emotional rhetoric can change that fact. When someone robs a convenience store, we don’t show them compassion by not only letting them off without punishment but allowing them to keep their ill-gotten gains. Arbitrarily ignoring the law in response to emotional arguments is not compassion, but oppression of those that do follow the law.

I don’t deny that this is a complex problem, but we need to work toward solving it rather than continuing on the same path we’ve been going down. It starts with requiring Idaho businesses to follow existing law regarding illegal aliens. It starts with giving H252 a hearing in House State Affairs.

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