Fresh Ideas for the Immigration Debate

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One major reason is a concern that if one group gets the changes it wants, that group may stop pushing for reform elsewhere.

But this may end up being a strategic mistake. Most of the political tension is over what to do about illegal immigration and the undocumented workers in this country. By comparison, the debate over highly skilled workers is downright tame. Robert Whitehill, chairman of the immigration group at the Pittsburgh law firm Fox Rothschild, argues that it probably would be easier to split the reforms in two. Whitehall suggests it makes sense to address the high-skill workers first, where the reforms are relatively simple.

"Why not go after the low-hanging fruit?" he says. "I think they should." He argues that the cap for H-1B visas should be raised substantially, and that foreign nationals who get masters or doctorate degrees in the U.S. in certain specialties, such as engineering, should be automatically granted residency. "I think it would be in the best interests of the country for these boys and girls to stay," he says. He also says it's critical to speed up the process for temporary and permanent workers, so they don't wait years for their approvals.

Forget the Wall

Everyone likes to talk about the wall between the U.S. and Mexico. Anti-immigration politicians love to show how tough they're getting on illegals. Pro-immigrant forces use it to prove they take concerns over illegal immigration seriously.

But what does all the talk about the wall accomplish? Nothing, argues Tamar Jacoby, a senior fellow at the Manhattan Institute, along with plenty of others outside of politics. Why? It is expensive and it doesn't work. The wall with Mexico can cost between $1 million and $10 million a mile, and it would cost billions to cover a reasonable chunk of the border. And yet immigrants from Mexico and other parts of Latin America continue to slip through. "People are going to get here as long as they have economic incentives to come," says Jacoby. "The only real way to get control is to recognize the reality of our economic needs for labor."

Jacoby is in favor of letting many more workers into the country to help boost economic growth. But you don't have to share her political stance to share her disdain for the wall. It is, she argues, a symbol that's become a distraction. Politicians argue about the wall instead of addressing the tough questions, such as how to meet America's economic needs for more workers or how to stop the flow of illegal immigrants who enter on tourist visas. "It's like Prohibition or Victorian sex," Jacoby says. "If you pretend it doesn't exist, you can't control it."

Put a Hold on the Politics

In Washington, pundits say immigration reform has to get through Congress before the end of 2007 to have any chance of passing. That's because the Presidential campaign of 2008 will kick into high gear after that, curbing the chances of the politicians involved agreeing to any legislation that could alienate potential voters.

Trouble is, the 2008 campaign is already heating up. The camps of Senators Hillary Clinton (D-N.Y.) and Barack Obama (D-Ill.) have already tussled, and so many politicians from both parties have declared their interest in the nomination that the bare-knuckle competition may begin much earlier than anticipated (see BusinessWeek.com, 2/12/07, "Campaign 2008: Cranking Up the Money Machine").

That would be a shame, say those pushing for reform. They hope the presidential candidates and other politicians will put off the politics long enough to make a real push for new legislation. "We want to make sure that our immigration laws are consistent with our economic needs," says Oracle's Hoffman.

Lower the Volume

One fresh idea has been around for a while, but it seems to keep getting lost in the heated debate. Advocates on both sides say they want to lower the debate's volume, so they have a genuine chance to debate the issues and perhaps reach a resolution.

That was a point Bush raised last May when he gave a prime-time address on immigration (see BusinessWeek.com, 5/16/06, "Huddled Masses, Tricky Politics"). "America needs to conduct this debate on immigration in a reasoned and respectful tone," he said at the time. "Feelings run deep on this issue—and as we work it out, all of us need to keep some things in mind. We cannot build a unified country by inciting people to anger, or playing on anyone's fears, or exploiting the issue of immigration for political gain. We must always remember that real lives will be affected by our debates and decisions, and that every human being has dignity and value no matter what their citizenship papers say."

Click here for a slide show examining the lessons of history in U.S. immigration.

Elstrom is assistant managing editor for BusinessWeek.