I think I have an easy and constitutional fix to the illegal immigration problem. I have had this idea for years, but it recently came up when discussing Arizona’s New Law.
If you haven’t been following, Arizona just passed a law that requires,
police to determine whether a person is in the United States legally. It also requires immigrants to carry their alien registration documents at all times and requires police to question people if there is reason to suspect they’re in the United States illegally.
If I had to venture a guess, I would guess that this law will eventually be found unconstitutional; a law can be found unconstitutional if it is vague. I found a great website that explains void for vagueness for those that are not lawyers (or those lawyers who graduated years ago). Void for Vagueness advances four important principals:
- the doctrine encourages the government to clearly distinguish conduct that is lawful from that which is unlawful. Under the Due Process Clauses, individuals must be given adequate notice of their legal obligations so they can govern their behavior accordingly. When individuals are left uncertain by the wording of an imprecise statute, the law becomes a standardless trap for the unwary.
- Second, the void for vagueness doctrine curbs the ARBITRARY and discriminatory enforcement of criminal statutes. Penal laws must be understood not only by those persons who are required to obey them but by those persons who are charged with the duty of enforcing them.
- Third, the void for vagueness doctrine discourages judges from attempting to apply sloppily worded laws. Like the rest of society, judges often labor without success when interpreting poorly worded legislation. In particular cases, courts may attempt to narrowly construe a vague statute so that it applies only to a finite set of circumstances.
- A fourth reason for the void for vagueness doctrine is to avoid encroachment on FIRST AMENDMENT freedoms, such as FREEDOM OF SPEECH and religion. Because vague laws cause uncertainty in the minds of average citizens, some citizens will inevitably decline to take risky behavior that might land them in jail.
So this law allows a police officer to stop whomever they suspect as an illegal immigrant to depend ID? What does that mean? How could they possible suspect someone of being an illegal immigrant? Because they are speaking Spanish or look a little darker?
But all this doesn’t matter if we would just follow my plan!
Easy Way to Fix Illegal Immigration
I refuse to believe I am the first one to come up with this option, but I really believe in it, and haven’t heard a politician just say it. I have a tendency to make things simpler than they really are, so don’t be afraid to call me out on it! Forget about the illegal immigrant himself, attack the underlying problem and the symptom will go away.
Just start fining the hell out of those that employ illegal aliens. Once the jobs disappear it will become known that the United States is not the place for easy jobs, and the problem will solve itself.
Around me there is a large lawn maintenance industry that is known to use illegal aliens. But if that company was to receive a $1,000 or $2,000 fine for every worker that they can’t provide documentation for, I can guarantee there would be a second thought given to whether to offer a day job to a person who is not a US Citizen or legal alien.
Another benefit, the infrastructure is already in place! The City of New York has multiple departments whose sole job is to visit businesses to determine whether they have every license they need – just have them ask for documentation for every employee! and when they can’t…FINE AWAY.
The only reason I can come up with that this isn’t already in place, is that politicians don’t really want to fix the problem.
What am I missing? Agree? Disagree?