Many expected Utah to be
the first state to follow Arizona’s
example in enacting a punitive state immigration law. The court decision that
holds enforcement of Arizona law in abeyance did not seem to deter the nativists
in Utah. Theirs would be crafted to avoid the judicial pit-falls of the neighbor’s
law and would even be tougher in some regards. The outline of that bill was
announced in Salt Lake City this week (see Arizona
Republic).
That is not, however, the only action in conservative Utah. A couple of weeks
ago two state worker had released a list of names of undocumented immigrants
taken from state documents. Their intent was to get the named deported. But that
invasion of privacy so shocked the leader of Utah Minutemen Project – whose
members volunteer to watch the border – that he approached a popular Spanish
language talk-show host to have a sit-down to talk through the immigration
issue.
A meeting of politicians and activists from both sides of
the issue did meet. While no firm agreements were made, a general outline of
how Utah could do differently than Arizona emerged. The
undocumented already in the state would be allowed to stay after paying a fine
and their taxes and being vetted for criminal charges. It became obvious that
that alone would not stop unauthorized entry. Utah needs their labor. So a temporary work
program was suggested (see Washington
Post).
Whether a bill will ever come out of these ideas is
speculative. These are friendly adversaries. Still they are at the beginnings
of the give-and-take that will be necessary to get comprehensive reform. Also
questionable is whether Utah can legislate on matters that the Justice
Department claims to be federal jurisdiction. Since these ideas won’t impede
enforcement and go along with the administration’s ideas, the courts might give
such a law a pass.
There is a refreshing realism – at least for the
conservatives. Punitive law against migration like Arizona’s is much like King Chanute telling
the tide to go back, not to come in. But migration is a global phenomenon –
some call it the “third globalization” after trade and cultural globalization.
People are on the move for economic reasons – fleeing poverty. Much of that
flight is to the cities from the countryside, but much of it always has been across
national borders.
In the mid-twentieth century, countries were settled,
experienced depression, and began restricting immigration – especially of
people not like us. The boom years after World War II led to a loosing of
immigration restriction in the United States and other developed countries. And
millions moved pursuing a better life.
Too much of the current discussion on immigration reform has
been focused on what to do with 12 million undocumented already here: whether
we send them back or let them stay. However we resolve that question, the
pressure for migration will still remain. The old Mexican saying – “Poor
Mexico, so far from God and so close to the United States” – means that this
rich country is inexorably bound to its poorer neighbor. Mexico is not
an entirely poor country, but it is one with a very large pool of those living
in poverty. There will always be a push factor to drive the poor to seek the
crumbs that fall from the rich’s table. (The North American Free Trade
Agreement is credited by many for driving Mexican farmers off their lands and
to the United States.)
The rich country also attracts the poor. Certainly in
prosperous times, they are welcomed to do the dirty jobs – cleaning up around
construction sites, handy work around the house, someone to take care of
granny, busing tables at restaurants, and especially picking our crops. The
longer migrants stay, the more they advance to better jobs and set down roots
in the country. Their children are born American or become American in our schools.
The transition may not always be perfect – we have the urban gang culture to
prove that (also true of their predecessors – the Irish, the Italians, and the
Jews). And they live out their lives in the shadows. Yet quite soon – when the economy
improves – they will again be quietly welcome to continue caring for our aging
pensioners and to pick our crops.
Actually, this is not just an American phenomenon. It’s
universal. The developed countries are aging and shrinking in populations as developing
countries grow in numbers and poverty. The push-pull factors in global
migration will only increase.
Utah is wise in linking the issue of unauthorized migration to
economic factors. A fair labor provision for quest workers will have to be an
integral part of comprehensive immigration reform. But as long as the large
disparities between rich nations and poor continue – especially with the poor
at the back door – the movement of people will continue, legal or not. But
comprehensive reform can be a start toward a more equitable and just way
forward.
