Setting up rules on who to admit to this country is contentious.
There is a dramatic democratic alternative using sortition and participatory
democracy. The first phase would be exploratory and competitive. The next
ten thousand individuals wishing to enter the country or who are here
illegally would be empaneled before juries. The juries would hear their
stories and vote to allow three thousand permanent residency. Instead of
seeing the situation abstractly--do we give "amnesty"-the
jury would compare a family working hard as migrant farmers, albeit
undocumented, with a lady being sponsored by an old "geezer" who met her
via a "mail-order bride" service. The stories and the outcomes would be
publicized. Perhaps, their presentations would be televised.
In recognition that this would be experimental, it would be understand the
nation would let them try again as processes are scaled up for the
millions who are applying for admittance and the millions who are already
here. Each year, our country awards 55,000 immigrant visas by random selection to
those who come from countries with low rates of immigration, so there
is precedent for using random selection in awarding immigration opportunities.
Based on the first round the nation might set up other panels
admit ten thousand of individuals. The nation could be asked to vote on:
-
Do we have a panel of citizens, randomly selected and required to serve,
as juries are today?
- Do we have a randomly chosen volunteers
- Do we have citizens who recently immigrated from specific nations whose
familiarity with the political situations, languages and customs would
help them evaluate the stories from those members
- Do we have groups to admit those seeking asylum because they fear
persecution for their political beliefs o r ethnic identity
- Do we have groups representing specific professions or industries to
determine those who might countribute to our nation by being admitted
temporarily or permanently in these fields?
- perhaps young people should have special panels as they might have views
on the long term demographics of the nation.
Again, the presentations, results, and possibly even the deliberations
would be televised.
Now, it would be time for the American people to decide how many and
how each decision would be made. They would get to decide how many
would be admitted by each method. How many undocumented but worthy
aspirants to American citizenship, how many of those seeking to immigrate
to marry American Citizens, how many computer programmers, how many to
work temporarily to harvest food.
And probably, the American people would have a general category to allow
for those who might be deserving of citizenship or temporary stays but who
don't fit neatly into one of the other categories.
We are all aware of the great consternation over setting up rules
on whom to admit to the country, whether it be for citizenship or to work
in a profession such as computer science or as an unskilled job, for those
tasks that Americans "won't do." We have seen the question of whether we
provide a path to citizenship for those who have come in illegally but
have worked hard and have otherwise fulfilled the American dream at the cost
of not letting in the person who was patiently waiting on the visa queue
for years to join a brother already in the United States. Our system
allows all those who marry an American Citizen to become permanent citizens
and citizenship in without a numerical
limit. However, our current immigration law has specific limits for how many
people are admitted for permanent residency to work in professional
capacity (third preference). It also has a limit of 5000 people by nation.
So there are longer visa backlogs for those from coming from larger countries
such as India than smaller nations like the Comorros.
I have personally observed how the H-1 visa program works with those earning
Master's Degrees in Computer Science in this country. There is a numerical
limit per fiscal year and these visas are given out on a first-come first-served
basis. Thus, those who get their application in before a certain date are
given a temporary visa while others wait.
The immigration bill last defeated has a point system, which does help
alleviate these problems. For example, people get points for skills,
for learning English. Note that it has a separate track, a Z visa for
those who may already be in the country but are "undocumented." Thus,
the nation is still left in the quandary over how to deal with those
who are awaiting immigration via the normal channels and comparing them to
people who have worked hard and have been model members of the American community except that they entered
illegally or overstayed a temporary visa.
I realize my critics would compare the proposal of televising
proceedings to reality series such as Survivor. Obviously, we must
ensure that it be done with good taste and with an aim to inform and
appeal to the best in the viewing audience. In fact,
a true "reality show" on which Americans can base extensive feedback to control
an important aspect of our national
identity, may be a partial antidote to the "vast wasteland" of our
current
mass media.
Instead of a counting and comparison as
we do for candidates or referendums, the votes would be combined as
a median. For example, the voting computer would sort each persons
number for how many of the undocumented workers to admit next year. The
voting computer would determine the number such that half of Americans
want more and half want less. Unlike an average,
this means means that a person en entering
very large number, say a trillion, would not bias the result upward.
I anticipate that some of these numbers would stabilize. For
example, we would see that each year the median number selected for
the number of family reunifications might be approximately the same. Then,
we would allow people to record a vote for five years. Other categories
might change dramatically from year to year. For example, the demand for
computer professionals recently has been notorious for its ups and owns.
This gets us out of the current gridlock. It allows us to try things on
a small scale, see how they work, rather than setting up a system all
at once for
twenty million people that will inevitably have both intentional and
inadvertent loopholes.
But more importantly, it gives Americans a chance to experiment with
true democracy as opposed to representative democracy.
Every citizen could have an opportunity to serve on
an immigration panel. Every citizen will help determine the numbers
that drive the immigration system.