How to fix the immigration crisis: Get back to basics

Migration into the U.S. is out of control. An estimated 10 million to 15 million foreign nationals are in this country illegally. Many of them have violated U.S. immigration law, as the Biden administration has instituted the most permissive treatment of migrants in the nation’s history.

Yet, incredibly, President Biden has not provided a cogent explanation for the executive order that directly led to the human wave at the Southern border.

In her campaign for president, Vice President Kamala Harris is promising to fight for “strong border security.” But she did nothing to stem the influx of migrants when tasked by Biden to address the issue.

The situation has overwhelmed America’s largest city, New York, as well as small cities and counties from coast to coast. The new political cliche is that “every town is a border town.” Feelings on the matter are so intense that immigration might very well decide the presidential election in November. Polls show this issue consistently topping lists of voters’ concerns.

In thinking about a solution to this vexing problem, we must go back to basics. Government’s first duty is to protect its citizenry. Obviously, a porous border and derelict visa control system do not do that. Adding to the volatile situation is the specter of terrorists and other criminals crossing the border. Again, that heightened danger to Americans has never been explained. Simply put: Why is the federal government allowing this kind of unnecessary chaos?

In addition to Biden, Congress has abdicated its responsibility to protect Americans. So-called immigration reform is not even close to being passed as both parties use the issue to inflame passions and sway voters.

A responsible approach to immigration might break down this way. Congress chooses an annual number of foreign nationals who are allowed to work in this country and, eventually, apply for citizenship. Strict rules must be followed: no welfare, no criminal convictions, full payment of tax obligations.

All asylum requests would be done via computer and decided by judges after fact-gathering and background checks. Crucially, asylum seekers must remain outside the country while their cases are adjudicated.

Only emergency asylum situations would require in-person hearings. Anyone caught illegally crossing the Southern or Northern borders would be detained to await criminal proceedings. No more catch-and-release, in which migrants are allowed to go into the community while awaiting immigration hearings, which is the default policy today.

If an immigration judge decides on deportation and the migrant defies the order by coming back, a mandatory prison sentence of seven years in a federal penitentiary would be imposed.

This kind of discipline would undercut the savage people-smuggling industry in Mexico. Thousands of lives could be saved.

So there you have a straightforward plan that would provide much more protection to the American people and lessen the suffering of migrants, who are easily exploited, often violently. There’s no excuse for an open border that causes so much harm. Do your job, federal government. Protect the people.

This op-ed is part of The Hill’s “How to Fix America” series exploring solutions to some of the country’s most pressing problems.

Bill O’Reilly's commentary appears on BillOReilly.com.