Legalize the peaceful—but also rethink the immigration system

America is long overdue for a rational discussion on a path to legalization for illegal immigrants. The recently introduced Dignity Act (a bipartisan bill claiming to reform the immigration system) has revived that discussion, as it proposes to provide legal status for many immigrants who meet certain criteria.

Providing legal status for peaceful immigrants would not only be an act of justice towards long-time, hard-working residents— it would also do right by Americans. However, legalization is not nearly enough if Americans want to address the core problems of the immigration system.

The majority of the estimated 11 million illegal immigrants in America are peaceful and came here in search of a better life. They are our neighbors working in farming, hospitality, construction, among other industries. Most of them aren’t here illegally because they want to defy U.S. laws, but because they don’t have a legal avenue available to them (the immigration system excludes the vast majority of people from immigrating legally).  

The current administration wants to paint all illegal immigrants as criminals and existential threats to Americans, biasing many Americans’ opinion against legalization. But research suggests that the crime rate for illegal immigrants is significantly lower than that of native-born Americans.  In fact, a recent report from the Cato Institute suggests that 65% of the immigrants currently being detained by ICE have no criminal records. Of course, there are some illegal immigrant criminals (just like there are U.S. citizen criminals) and those individuals should face the justice system. But it’s deeply unjust and collectivistic to claim that all illegal immigrants are criminals due to the actions of a tiny minority. 

Illegal immigration is a victimless offense, even though the law punishes it. Rights are violated when someone initiates force against another person. Nobody’s rights are violated merely by someone’s presence in America, let alone by that person working and wanting a better life.

In America, seeking a better future and improving one’s life through hard work is rightly celebrated—except for illegal immigrants, who are punished for it. They weren’t lucky enough to be born here or fit into the extremely narrow visa categories to be able to be here legally. Those who value and respect America but couldn’t find their way through the Kafkaesque immigration system deserve a chance to rectify their situation. 

By providing a path to legal residency, they can come out of the shadows and work and trade with Americans to the best of their ability, instead of being confined to low-paying jobs, limited occupations, the impossibility of leaving the country and having to live in fear. 

Legalizing immigrants would also address concerns over safety and national security. America should have strong borders and exclude criminals and other threats to the individual rights of Americans. A legalization process would require that illegal immigrants come out of hiding and provide information to the government about who they are, why they are here, and what they’ve been doing in America. With this information, the government could vet them by conducting background checks and interviews, like it’s been doing with legal immigrants for decades. Only those who pass those checks would be able to obtain legal status.

Importantly, a legalization process would let Americans trade with these immigrants unencumbered— professionally and personally. It would allow employers to hire the workers they desire without being persecuted, and allow them to expand employment possibilities. “Mixed status” families would no longer be terrified: by legalizing the many parents, spouses, and other relatives of U.S. citizens currently illegally present, American citizens would stop suffering from the irreparable damage of the deportation of their loved ones. Many more Americans would benefit from not having a percentage of the population living in the shadows.

Legalization for immigrants is not novel. There is precedent: for example, in 1986 Ronald Reagan signed the Immigration Reform and Control Act which (among other things) established a path to legalization for millions of illegal immigrants.

A legalization process must be paired with a significant expansion of legal pathways for immigration. Without them, a legalization process (while meaningful for individual beneficiaries) kicks the can down the road.

Importantly, a complete overhaul of the immigration system is needed. One of the current system’s core premises is that it’s anti-work—it attempts to centrally plan the American economy by restricting foreign labor and penalizing people for wanting to produce and live here. It restricts Americans’ rights to trade and engage with foreigners and punishes them for doing so. Neither the Dignity Act (nor any other congressional proposal I’m aware of) will truly fix the immigration system, because the system cannot be “fixed” as it stands; it needs to be completely reconceived.

Congress should extend a lawful path to peaceful residents and expand legal avenues for newcomers. But ultimately, it should scrap the system that punishes ambition and dictates who Americans may hire and associate with. A system worthy of America would strongly protect our borders from threats while respecting individual freedom for Americans and immigrants alike.

Agustina Vergara Cid is a columnist for the Southern California News Group. You can follow her on X at @agustinavcid