In the ongoing debate surrounding US immigration, the recent incident involving the ICE agent’s killing of Renee Good in Minneapolis has brought the issue back into the spotlight. As the deadline for renewing funding for the Department of Homeland Security, which houses ICE, approaches on 30 January, Democrats are now insisting on limits on ICE, risking another government shutdown.
While the current immigration system is in need of fixing, the path proposed by former President Trump is not the solution. The right to seek asylum at the border should not be withdrawn, denying people fleeing war and persecution the opportunity to find a safe haven. Instead, a more appropriate response would be to increase the number of immigration judges to ensure claims can be heard fairly and expeditiously, reducing the backlog that has contributed to the perception of a broken asylum system.
The issue of deporting undocumented immigrants who have been in the country for years is a complex one. Of the estimated 14 million undocumented immigrants in the US, at least two-thirds and possibly as many as 80% have been in the country for five or more years. Many have US citizen spouses and children, hold jobs, pay taxes, and are integrated into their communities. Deporting them is vastly different from deporting a recent arrival who has put down few roots.
The author argues that the US should adopt a statute of limitations for immigration violations, similar to the criminal code, which would allow those who have been in the country for more than five years without committing serious crimes to stay. This could be part of a grand bargain, where in return for increased border enforcement and a more efficient asylum system, the unfairness of deporting long-term residents would be addressed.
Such a compromise would have political advantages for both sides. Democrats could demonstrate that they do not stand for open borders, while Republicans could distance themselves from the toxic ICE conduct that has alienated many Americans. While a grand bargain would not solve all immigration issues, it could address a significant part of what Americans have found problematic with the old and new approaches to this divisive topic.