STATEMENT OF GOVERNOR GARY JOHNSON REGARDING IMMIGRATION ENFORCEMENT & REFORM June 5, 2012 President Obama sought the

Latino vote four years ago with promises to advocate for comprehensive immigration reform. Now, four years and no advocacy later, he is asking to be re-elected because he will fulfill that promise in a second term. In the meantime, his Administration is more than happy to take credit for deporting more immigrants than any other President in history. Between a Democrat president who clearly doesnt want to touch the new third rail of American politics and a Republican candidate whose policy is self-deportation, there is little reason to expect a thoughtful, reasoned and common-sense solution to the problem of illegal immigration from either of the two major party candidates for President. As the former governor of a border state, I understand, first-hand, both the need to secure our nations borders and the economic reality that immigrant labor makes an enormous contribution to our economy. With the right kind of leadership putting principle and common sense over politics, immigration reform can be accomplished. As Governor, I quickly realized that, even when the legislature was unable or unwilling to address tough issues, the Executive branch had many tools and authorities available to protect individuals, families, and yes, children, from arbitrary government actions that made no sense. I often make the point that good government is easy if leaders are willing to do what is right. For example, we all know there are millions of immigrants in the U.S. today who are here illegally. Many, many of those came here to find work, and despite their immigration status, have become productive members of society. Many are raising families, paying taxes and have become productive participants in our communities. Among these immigrants are many who would face extreme hardship if they were deported, especially parents of children who were born here or came to the U.S. as minors and have little or no ties to their country of origin. The President has the legal authority to recognize the hardship deportation would create for such immigrants, and use existing regulations to grant legal status to allow them to remain here and come out of the shadows. Unlike our current president and others before him, I would utilize executive authority under existing law to provide common sense relief to many families and children who would suffer extreme hardship if deported, and to allow the employment marketplace, rather than arbitrary bureaucratic decisions, to determine who should be here:

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Parole-in-Place The President has the authority today to instruct the Office of U.S. Citizenship and Immigration Services (USCIS) to grant parole-in-place, which allows granting a work permit to many employed immigrants who entered the country illegally. Those eligible could include those who entered as minors and those who have lived for many years in the U.S. By statute, USCIS also has the discretion to allow unlawfully present parents of U.S. Citizen or Lawful Permanent Resident children to remain in the U.S. The judicious exercise of this existing authority would prevent the separation of unlawfully present parents and their lawfully present children. Deferred Action Under existing authorities, deportation can be deferred indefinitely and an illegal immigrant allowed to apply for a work permit. The Obama Administration has deferred deportation in some circumstances, but without allowing work permits, which serves only to place immigrants in a state of limbo with no legal means of support. There are two groups in particular who could benefit from common sense deferrals of deportation: those who might benefit if and when Congress were to pass the DREAM Act (of which there are 2.1 million, according to the Migration Policy Institute) and those who have resided in the U.S. since 1996 (or as of a different date designed to move forward the Registry provision now limited to entries before January 1, 1972). Grant Lawful Status to Temporary Protected Status Immigrants Currently, there are many thousands of immigrants in the U.S. under Temporary Protected Status (TPS). USCIS has, as a matter of policy, clear discretionary authority to make those who have qualified for TPS status eligible for permanent legal status. Really Advocate for Reforms That Will Work While there are administrative actions, such as the ones outlined here, that can and should be used to deal humanely and responsibly with specific immigration challenges, the fact remains that the President and Congress must put politics aside and act. For example, we should allow a reasonable grace period during which illegal immigrants already in the U.S. can come forward, pay any taxes owed, provide proof of consistent employment, pass a criminal background check, and apply for a guest worker status. Its really not that complicated if we can just get the politicians to stop using millions of human beings as campaign props.

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Immigration into the United States by ambitious, willing workers and their families is a good thing. Not only is it a historical and energizing part of American culture and experience, it is vital to our economy. These positive benefits should not be sacrificed or reduced in any solution to stop illegal immigration. However, a clear distinction must be made between illegal and legal immigration. We must replace the dysfunctional system we have now with one that allows immigrants to easily obtain a work visa, and illegal immigration will become an issue largely confined to dealing with a small number of criminals we can handle without deploying the National Guard, military drones, and ever-higher and longer fences. United States authorities do need to know who is crossing our borders and be able to prevent criminals from entering the country. However, simply increasing security will never solve the problem of illegal immigration. It is time to implement an immigration policy that allows for better documentation and more easily obtainable permits for temporary guest workers to meet the labor needs of the American economy. A robust immigration system will allow the marketplace for willing workers to function unimpeded by unrealistic quotas and both the American economy and immigrants seeking a better life will benefit. In reality, true and cost-effective border security will only be achieved through a common sense combination of technology, a market-based guest worker program, and a safe, but efficient system for the legal flow of immigrants to and from the United States. We need comprehensive approaches that provide solutions we can afford and that will work. ###

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