Guest column: Unique opportunity for immigration reform

By Gene McNary

Immigration is complex. We need bold reform of legal and illegal immigration to fully address the deeply ingrained and long-standing problems with which we have grappled for decades.

Substantial resources have been committed with much success to controlling the illegal entry over the Southwest border, and tracking of visitors has improved with automation of entry documents. Reform legislation should target those millions residing here illegally as well as revising legal immigration to serve the nation's best interests.

Burdened by an estimated 11 million illegal immigrants, U.S. Immigration and Customs Enforcement is overwhelmed and incapable of meeting this challenge. It is time for Congress to delegate authority to the state and local governments, empowering them to bring their resources to bear by requiring proof of legal status as a prerequisite for driver's licenses, occupancy permits, business licenses, OSHA training and the like.

Such privileges should not be extended to those who have entered the U.S. unlawfully. At the state and local level where people live and work, these practical obstacles would create a social milieu for those who reside here illegally to prevent them from remaining in the underground. Instead, they would be compelled to return home and enter through lawful means.

As a part of the immigration reform package, Congress, USCIS and ICE should work to enhance the E-Verify program to ensure employment eligibility of all employees. This is perhaps the most effective way to ensure illegal labor does not continue to drive illegal immigration. The E-Verify program has improved over the past decade, specifically with the inclusion of driver's license information, but E-Verify must be mandatory for all employers.

Congress also must recognize that our immigration system no longer reflects our nation's priorities. Legal immigrants are vital to our economy; in fact, one-third of the businesses started since 2006 were reportedly started by immigrants. Many skilled and talented immigrants graduate from American universities every year, and it is in our interest to shape an immigration system that recruits and attracts those who would contribute to our economic growth. However, our current system provides a limited number of temporary, nonimmigrant work visas for those with specialized skills, including engineers, physicists and computer scientists who are essential to our economy.

In addition, there are flaws in the system that encourage people to remain here illegally. For example, if an immigrant is here on temporary status and his visa expires, he must return to his home country for renewal. Due to penalties meant to deter illegal immigration, if he overstay six months, he is banned for three years; overstaying a year results in a 10-year ban.

These provisions have had an adverse impact. Those with expired visas are reluctant to head back home, knowing they will face a multiyear ban, so they risk the consequences of remaining here illegally. Indeed, estimates indicate as many as 40 percent of illegal immigrants are here on expired visas. Repealing the bars to re-entry would encourage overstays to return home and enter by legal means.

The purpose of the immigration system is not to keep people out, but to make sure those who enter will serve our national interests and become loyal Americans. We must make sure our laws reflect our priorities, streamline the system where necessary, and empower local, state and federal agencies to enforce laws meant to deter illegal immigration.

Republicans and Democrats can agree on the need for action. I call upon our representatives in Congress to tackle immigration reform in the national interest when they return to session in September. This is a unique opportunity.

Gene McNary served as commissioner of the U.S. Immigration and Naturalization Service under President George H.W. Bush from October 1989 to January 1993.