Should we deport illegal immigrants?

Should we deport illegal immigrants en masse? What options do we have?

Situation

On November 21, 2024, Dara Lind, a Senior Fellow at the American Immigration Council, wrote a fantastic piece published in the New York Times titled, What ‘Mass Deportation’ Actually Means. Ms. Lind superbly outlines the legal and logistical challenges of such a venture. She states:

“Deporting one million people a year would cost an annual average of $88 billion, and a one-time effort to deport the full unauthorized population of 11 million would cost many times that — and it’s difficult to imagine how long it would take.”

There are several severely complicating factors. There aren’t enough beds or departing flights to achieve mass deportation. Few other nations will accept deportation flights from the US. Past efforts to deport illegal immigrants have been good for political publicity but largely unsuccessful.

Further, all persons in the US, not just citizens, have rights. The Fifth Amendment to the US Constitution provides protections to all persons in America, not just American citizens. It states:

No person shall be…deprived of life, liberty, or property, without due process of law

In addition to Constitutional protections, there are other additional legal considerations. The US is a signatory to the 1951 Refugee Convention. This agreement obligates signatory members to provide asylum to individuals fleeing persecution based on race, religion, nationality, membership in a particular social group, or political opinion. The 1967 Protocol Relating to the Status of Refugees, ratified by the US in 1968, strengthens these protections.

Last, section 208 of the Immigration and Nationality Act outlines that eligible persons physically present in the United States or at a port of entry may apply for asylum.

Illegal immigrants have the right to present their asylum argument to an immigration court. Nearly 4 million immigrants are waiting for the courts. These courts are insufficiently resourced.

In short, every state in the union agreed that immigrants have rights. Edmund Burke, the philosophical father of conservatism, asserted that a nation has a solemn duty to uphold its agreements, honoring them across generations. This commitment to personal and national responsibility is a cornerstone of America.

Edmund Burke and Honoring Our Agreements

Edmund Burke, Irish statesman and philosopher, was born on January 12, 1729. He is the father of conservative philosophy. His ideas and writings during the American and French Revolutions significantly influenced the development of conservative thought in both America and Europe.

Burke emphasized personal responsibility and respect for tradition and established institutions as cornerstones of his philosophy.

Burke believed traditions and institutions evolve naturally over time, carrying the collective wisdom of generations. These institutions are essential for stability and continuity and should be preserved and respected. This respect for tradition shaped his skepticism of abrupt, radical change and his belief in the importance of gradual reform. His ideas have had a lasting influence on conservative thought. They highlight the value of continuity, historical context, and careful, incremental progress in societal norms.

In American conservatism, principles like originalism in judicial interpretation demonstrate Burke's respect for tradition. Similarly, the focus on protecting Constitutional rights aligns with Burke’s commitment to preserve established freedoms and the institution that upholds them.

The Constitution’s choice of the word “person” and not “citizen” in the Fifth Amendment underscores the framer’s intent to extend protections to all individuals under US jurisdiction.

Burke would view this amendment as part of the collective wisdom of our founders. Due process protections embodied in the Fifth Amendment align with his belief that laws and institutions are shaped over time to reflect enduring principles of justice and fairness.

Conservatives and progressives alike have offered immigrants the opportunity to move to or stay in America legally. At the same time, no Congress and President has supported open borders. There is no national agreement to support open borders because undocumented immigration leads to abuse of immigrants and strains community resources, including healthcare, education, and law enforcement.

Interim Summary

Mass deportation of illegal immigrants has been largely unsuccessful. These efforts are hugely expensive. We have a Constitutional obligation to honor immigrant rights to due process of law. However, there is a political desire by politicians and voters alike to deport illegal immigrants en masse.

So, what can we do? Let’s think through some options.

Option 1: Do Nothing

Our first option is to maintain the status quo. We could allow undocumented immigrants to remain in the United States without significant changes to current policies. Before we write this option off as untenable, we need to think about it.

This approach would rely on existing immigration laws and enforcement to address undocumented immigration on a case-by-case basis. It has some positive aspects. Proponents advocate that it avoids the massive costs of mass deportation and saves billions in taxpayer dollars. It prevents overburdening already overwhelmed immigration courts. It supports human rights, aligns with the Constitutional protections of due process, and reflects our commitment to international treaties. It maintains economic stability as immigrants contribute to various sectors of the economy, particularly agriculture, construction, and service industries.

Critics argue that failing to address illegal immigration undermines the rule of law and sows distrust in the government’s ability to enforce immigration laws. Undocumented immigration strains communities that continue to face challenges related to healthcare, education, and law enforcement. And this option fails to enable comprehensive immigration reform, leaving millions in legal limbo without a clear path to citizenship.

Let’s be clear—this option has strong advocates. The American Immigration Council outlines that instead of spending $88 billion every year on mass deportation efforts, we could “Build over 40,450 new elementary schools…and construct over 2.9 million new homes in communities around the nation.”

However, this argument is a fallacy. The comparison misleads us by framing deportation costs as a trade-off with other priorities. It implies that federal funds are interchangeable. But federal spending doesn’t work like a household budget. Money from one category can’t be redirected to another. This oversimplification ignores how government spending and resource allocation work.

Frankly, the biggest problem with pursuing this option is the perception that voters told their representatives to do something, and the representatives didn’t. It would look like the name of the option—doing nothing. It would leave a foul taste in the mouths of many Americans.

In sum, this option risks destabilizing institutions and eroding public trust. Doing nothing fails to address the underlying causes of undocumented immigration, perpetuating current challenges indefinitely. It kicks the can down the road for future generations, leading to longer-term challenges. It widens political extremes, creates gridlock, and polarizes public opinion.

All considered it may not be the best choice. Let’s move on to another.

Option 2: Efficient Enforcement and Employer Accountability

Our second option is efficient, targeted immigration enforcement to safeguard the nation while addressing the root causes of undocumented immigration. This approach would combine targeted enforcement of threats, streamlined immigration processes, and stronger accountability for employers who exploit undocumented labor.

The keynote of this approach is efficient enforcement. There are 330 million people in America and an estimated 11 million undocumented immigrants. That means undocumented immigrants make up around three percent of the total population in America. These immigrants are not all in the same place.

So, finding undocumented immigrants by searching for them is inefficient and costly. We will not achieve efficient enforcement by looking for undocumented immigrants.

Rather than spending huge resources looking for all undocumented immigrants, this option would focus resources on removing individuals who pose security threats or commit serious crimes. The biggest difference between this approach and the “Do Nothing” option is what we won’t do.

We won’t sweep employers to search for illegal immigrants. We won’t bog down the legal system with immigrants who don’t commit violent crimes and don’t pose security threats. We will avoid broad, indiscriminate methods of searching for undocumented immigrants who don’t pose problems to the nation.

Instead, we will emphasize removal of individuals who pose security threats or commit serious crimes. We need to rush these individuals to the front of the legal line, conduct their hearings to meet our Fifth Amendment obligations, and deport them. Focusing on genuine security threats and due process demonstrates accountability, restoring public confidence in immigration enforcement.

This approach allocates resources more effectively. It avoids the immense costs and logistical challenges of simultaneously searching for and deporting millions of individuals.

At the same time, we need to address the root causes of undocumented immigration. Immigration courts need more funding and staffing to handle the nearly four million pending cases. Tools like remote hearings and other digital solutions could help expedite case processing while ensuring due process to honor our obligation outlined in the Fifth Amendment. Expanding immigration court capacity could help streamline the process.

And we need to toughen enforcement on employers who hire illegal immigrants. If immigrants can’t find work, this will reduce the demand for many to come to America. To achieve this goal, we need steeper fines and criminal charges for repeat offenders. We should conduct public awareness campaigns to remind businesses of their legal obligations and the consequences of ignoring them. Finally, we need whistleblower protections with robust enforcement to encourage employees to report illegal hiring practices without fear of retaliation. To address potential labor shortages, industries could work with policymakers to create or expand visa programs that legally fill gaps in sectors like agriculture and construction.

This option has downsides. Some political factions may view targeted deportations as too lenient, pushing for broader, more visible enforcement actions. Strict employer enforcement of hiring undocumented immigrants could lead to labor shortages in agriculture, construction, and hospitality. Business interests and lobbying groups may oppose stricter accountability. Increasing funding for immigration courts and conducting workplace audits would require substantial investment.

But overall, it’s a tenable option. Let’s consider another.

Option 3: Conduct Mass Deportation of Undocumented Immigrants

Our third option is to pursue mass deportation of all undocumented immigrants in the United States.

This approach would require an unprecedented scale of enforcement to locate, detain, and deport the estimated 11 million undocumented immigrants across the country. Immigration and Customs Enforcement (ICE) and other agencies would need to significantly expand to conduct large-scale raids, workplace inspections, and community sweeps. We would need massive investments to house individuals awaiting deportation.

We would have to pay for transporting millions of individuals to detention centers, court hearings, and eventually to their home countries. We would need to dramatically expand immigration courts to process cases quickly. This would likely require thousands of additional judges, attorneys, and support staff.

All told, these requirements drive the reason for the $88 billion annual price tag.

Proponents advocate that this option demonstrates a firm commitment to enforcing immigration laws and addresses illegal entry. If successful, it could reduce demand for public services like healthcare and education in some communities. Proponents support this option because it’s visible. The sight of raids, detentions, and removals implies a perception of strong leadership and accountability. It signals to voters that the institution is upholding immigration laws.

Opponents cite the staggering annual costs. This option also faces the logistical impossibilities of beds, transportation, and cooperation from other nations. These factors make deporting 11 million people impractical, even with expanded resources.

The biggest downside of this option is simple: the government just isn’t good at getting things done on this scale. Even if the most efficient military subset had all the legal protections and resources to fight a known enemy hiding in the population, they couldn’t do it. We tried in Vietnam, Afghanistan, and Iraq for 48 years combined and couldn’t achieve it. What makes us think we can achieve it here?

Mass deportation would require unprecedented coordination across federal agencies, state and local governments, and international partners. The sheer logistical complexity—finding, detaining, processing, and deporting 11 million people—is far beyond what the government has successfully managed in the past.

Immigration courts are already overwhelmed with nearly four million pending cases, and detention facilities are stretched thin. Adding this burden would lead to drastic inefficiency, mismanagement, and massive delays.

In short, expecting the government to execute this option effectively is unrealistic.

Those who say that we should deport as many undocumented immigrants as possible are missing a huge point—the immigrants we can find at their workplace and home aren’t the problem. The threats are hiding elsewhere. And if we tie up our resources with the immigrants trying to make an honest living, we are going to miss the dangerous criminals and security threats. This option is dangerous for America.

All told, this doesn’t seem like a good option. Let’s move on.

Option 4: Expand Asylum Opportunities

Our fourth option is to focus on asylum as a legal pathway for law-abiding, non-threatening undocumented immigrants. This option emphasizes the humane and lawful treatment of individuals seeking protection.

This approach involves strengthening the asylum system to address legitimate claims while simultaneously reducing the strain on immigration courts and other resources.

This option may seem like a throwaway, but it is not. The last president to offer undocumented immigrants asylum while toughening requirements for employers was President Ronald Reagan.

Reagan and the 99th Congress of 1986 offered legalization to undocumented immigrants who had entered the country illegally. Of that event, Wyoming Senator Alan K. Simpson noted that President Reagan “knew that it was not right for people to be abused,” and “anybody who’s here illegally is going to be abused in some way, either financially [or] physically. They have no rights.”

We could increase funding and staffing for asylum officers to handle cases more efficiently. We would need dedicated asylum courts to address claims separately from other immigration cases, reducing the overall backlog. We could strengthen initial screening processes at the border to ensure that we identify individuals with valid asylum claims early.

The biggest downside of this option is that many voters would perceive it as a betrayal. Expanding asylum would be viewed as prioritizing undocumented immigrants over enforcing immigration laws. Voters who demanded stricter enforcement would feel ignored or even deceived. Voters who expect visible actions to reduce undocumented immigration would see this option as leniency disguised as reform. It would fuel distrust in government promises and policies.

For this reason, this viable option is likely untenable.

What’s Our Best Option?

None of our choices is perfect. Option 2: Efficient Enforcement and Employer Accountability, seems to be the most suitable.

It’s politically acceptable, as voters could hear the stories of the US deporting criminals and security threats. It’s the most achievable. It doesn’t represent a huge financial expenditure to achieve our goals.

Of course, any option needs to be combined with efforts to strengthen border security and reduce the demand for undocumented immigrants to come to America while at the same time supporting legal immigration.

We’ve already spent considerable effort discussing improving border security. First, we need to set conditions allowing for the legal and orderly movement of goods and people across the border. This will create unambiguous indications that other movement across the border is illegal. There’s a high likelihood these illegal movements are human traffickers, weapons smugglers, and drug runners.

We need enhanced security measures, political will, and continual commitment on the border itself.

Further, we’ve already considered how to reduce the demand for undocumented immigrants to leave South America. We need a Plan Colombia approach that strengthens economic partnerships while avoiding excessive militarization or human rights concerns. This adapted Plan Colombia approach must include regional cooperation among Latin American countries, not just bilateral partnerships with the US. Initiatives that foster collaboration on cross-border issues can address trafficking, migration, and economic integration.

In Sum

Should we deport illegal immigrants en masse? What options do we have?

We covered four distinct options.

Doing nothing risks destabilizing institutions and eroding public trust. It fails to address the underlying causes of undocumented immigration, perpetuating current challenges indefinitely.

Conducting mass deportation of all undocumented immigrants is prohibitively expensive and unachievable. Further, if we tie up our resources with this group, we will miss the dangerous criminals and security threats. This option is dangerous for America.

Offering expanded asylum, as President Reagan did, would alienate voters who expect visible actions to reduce undocumented immigration. They would see this option as leniency disguised as reform. It would fuel distrust in government promises and policies.

All told, our best option is efficient enforcement and employer accountability.

It safeguards America by focusing on reducing criminal activity and security threats. It’s politically acceptable, as voters could hear the stories of the US deporting criminals and security threats. It’s the most achievable. It doesn’t represent a huge financial expenditure to achieve our goals.

It’s the option we should pursue.

May God bless the United States of America.