OPINION: Beyond walls and raids: A case for humane immigration reform
As a lawyer, pastor and leader in my community who has worked closely with immigrant families, I've witnessed firsthand the profound contributions immigrants make to our communities and the Byzantine obstacles they face in obtaining legal status. The current immigration system is badly broken, creating needless human suffering while failing to serve our national interests. We need reform that balances rule of law with our highest values of human dignity, family unity and economic opportunity.
The immigrants I know through my ministry are hardworking people pursuing the American dream — caring for their families, starting businesses, paying taxes and enriching our communities through their culture, faith and entrepreneurial spirit. They are not unlike my own ancestors and yours who came to these shores seeking a better life. Yet our current system provides virtually no pathway for essential workers to enter legally, while millions already here live in constant fear of family separation.
Consider Maria (name changed), a mother in my congregation who has lived here for 15 years, working as a caregiver for elderly Americans. Her U.S. citizen children excel in school and dream of college. But because she entered without documentation — at a time when no viable legal route existed for someone with her skills — she lives with constant anxiety about being torn from her family. Or take Juan, a skilled craftsman who tried for years to obtain a work visa through proper channels, only to be exploited by fraudulent "immigration consultants" who promised help in exchange for thousands of dollars.
These stories and others like them reflect systemic failure, not individual moral failure. When our immigration laws become radically misaligned with economic reality and human dignity, the result is widespread noncompliance — just as Prohibition failed by criminalizing behavior most Americans considered legitimate.
The answer is not mass deportation, which would be not only inhumane but economically disastrous. Rather, we need to reform the system to match the real needs of American communities and employers while creating an earned path to legal status for hardworking immigrants who are already integral to our society.
Some argue this rewards lawbreaking. But our legal system has always distinguished between degrees of infractions. Entering without proper documents to provide for one's family is more akin to a civil violation such as speeding than to serious crimes. A proportional response would combine reasonable penalties (such as fines) and background checks with an opportunity to make things right. This is not amnesty; it is pragmatic problem-solving that upholds law and human dignity.
History shows the wisdom of this approach. Until 1965, the U.S. maintained open immigration from the Western Hemisphere, recognizing our special relationship with neighbors including Mexico and Canada. This allowed labor flows to match economic needs while facilitating circular migration. Workers could return home between seasonal jobs without fear of being permanently barred. The current crisis emerged only after we imposed arbitrary numerical caps that bore no relation to labor market reality.
Today's enforcement-only policies have perversely made the situation worse. Militarizing the border has not stopped immigration but has made it more dangerous and lucrative for smugglers while trapping workers here who would prefer to maintain ties with their home countries. Workplace raids terrorize communities while doing nothing to address root causes. We are spending billions on walls and detention centers while neglecting investments that could reduce migration pressures, such as economic development in sending regions.
A more constructive approach would:
- Create sufficient legal channels for essential workers to enter safely and legally when American employers cannot find U.S. workers.
- Implement a program allowing current undocumented immigrants to earn legal status through background checks, payment of back taxes, learning English and demonstration of good character.
- Clear decades-long backlogs in family-based immigration to keep families together.
- Increase cooperation with Mexico and Central American nations to promote economic development and reduce pressures driving migration.
- Focus enforcement resources on actual security threats rather than peaceable workers.
Such reforms would enhance security by bringing millions out of the shadows, generate significant tax revenue, help U.S. businesses remain competitive and restore the rule of law by creating rules people can reasonably follow. Most importantly, they would align our policies with our values as a nation of immigrants committed to human dignity and family unity.
Critics may call this naive idealism, but I would argue it is hard-headed realism. The alternative — continuing failed enforcement-only policies while millions live in limbo — serves no one's interests. Mass deportation is not only morally wrong but practically impossible. The only realistic path forward is earned legalization combined with reforms to make legal immigration serve our national needs and values.
As a pastor, I'm guided by the biblical imperative to welcome the stranger and care for the vulnerable. (See Welcoming the Stranger: Justice, Compassion & Truth in the Immigration Debate, Matthew Soerens and Jenny Yang, 2018). But one need not share my faith perspective to recognize that our current system is unsustainable. Whether viewed through the lens of economic self-interest, national security, rule of law or basic humanity, the case for comprehensive immigration reform is compelling.
The solution lies not in walls or raids but in updating our laws to match reality while upholding our highest principles. Let us fix this broken system with policies that are tough and fair — combining reasonable enforcement with expanded legal channels and earned legalization. Our history as a nation of immigrants and our future as a dynamic global leader demand nothing less.
Let me address some common concerns about comprehensive immigration reform.
Critics argue it would burden public services and depress wages for U.S. workers. The evidence suggests otherwise. Studies consistently show that immigrants, including the undocumented, pay more in taxes than they receive in benefits. They contribute billions to Social Security that they'll never be able to collect. As for wages, immigrants largely complement rather than compete with U.S. workers, filling jobs in agriculture, construction and services that support additional employment up the economic chain.
Consider agriculture, where the majority (70 percent) of agricultural workers are foreign born and roughly half of them are undocumented according to the U.S. Department of Agriculture. Without these workers, many farms would fail, devastating rural communities and increasing food costs for all Americans. Similar dynamics exist in construction, hospitality and elder care. The real threat to U.S. workers isn't immigration but the underground economy that allows unscrupulous employers to exploit undocumented workers. Bringing these workers into the legal system would help eliminate unfair competition and raise standards for all.
We must also confront the human cost of our current policies. Every year, hundreds die attempting dangerous border crossings. Families endure years or decades of separation due to processing backlogs. Children — many of them U.S. citizens — live in constant fear that their parents will be deported. These are not abstract policy debates but matters of life and death, of basic human dignity.
The Dream Act, which would provide a path to citizenship for young people brought here as children who pursue education or military service, illustrates the promise and frustration of reform efforts. These young strivers represent the best of American values: hard work, education, service to country. Yet for years, Congress has failed to pass this commonsense measure, leaving hundreds of thousands in limbo.
Similarly, the Agricultural Job Opportunities, Benefits and Security Act would create an earned legalization program for farmworkers while reforming the temporary agricultural worker program. It has broad support from agricultural employers and labor advocates. Yet it too remains stalled by political gridlock.
We can and must do better.
The U.S. has successfully enacted major immigration reforms before. The Immigration Reform and Control Act of 1986 legalized about 2.7 million people while creating new enforcement measures. While imperfect, it demonstrated that earned legalization can be implemented effectively. We can learn from its successes and shortcomings in designing current solutions.
In my years of ministry, I've seen how immigration issues touch every aspect of community life — families, schools, businesses, churches. I've counseled young people who excel academically but can't attend college because of their status. I've comforted families torn apart by deportation. But I've also witnessed incredible resilience, faith and commitment to American ideals among immigrant communities.
These experiences have taught me that immigration is ultimately not about abstract numbers or policies but about human beings — mothers and fathers, workers and dreamers, people of faith and determination who want nothing more than the opportunity to contribute to American society. Our task is to create an immigration system worthy of their aspirations and our own highest values.
The path forward requires moral courage and political will. It demands that we move beyond sound bites and stereotypes to grapple with complex realities. Most of all, it calls us to remember our own immigrant roots and to treat today's immigrants with the same opportunity and dignity that allowed previous generations to build the America we love.
Let us be both realistic and visionary, firm and compassionate. The challenges are significant but not insurmountable. With wisdom, good faith and commitment to our laws and values, we can create immigration policies that work for our security, our economy, our communities and our souls.
Let us move past polarizing rhetoric and work together for immigration policies that serve our interests and ideals. The immigrants in our communities are not strangers to be feared but neighbors to be welcomed whose dreams of a better life renew and strengthen the American dream for us all.
Jason D. Guinasso is an attorney with Greenman Goldberg Raby & Martinez in Reno and Las Vegas. Licensed in Nevada and California, he is a litigator and trial attorney. He also teaches business law at UNR and is a graduate student in the MALTS program at Regent College in Vancouver, British Columbia. The opinions expressed in this op-ed are those of the author in his personal capacity and do not necessarily reflect the views of his law firm, its clients or any other organization with which the author may be affiliated.
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