A state-based approach to immigration reform

Reviving comprehensive immigration reform seems a remote possibility in Washington these days, but Sen. Ron Johnson of Wisconsin introduced a bill this week that would allow individual states to approve new visas for much needed immigrant workers. The idea of a more federalist approach to immigration reform was first proposed by the Cato Institute in 2014 and it deserves thoughtful consideration in Congress.

Sen. Johnson’s bill would create a temporary, non-immigrant visa category for foreigner workers who are sponsored by a specific state. Holders of the visa could come to the state under a renewable, three-year visa to work for existing employers, perform services, invest in or direct an enterprise, or otherwise contribute economically in a manner determined by the particular state. For states participating, a certain number of visas would be made available based on the state’s relative population.

The idea for the legislation sprang from a 2014 study from the Cato Institute that made the case for such a program and outlined how it would work. Canada and Australia have implemented similar programs that allow their individual provinces or states to approve visas. The beauty of this approach is that it breaks the political logjam in Washington and instead allows states to decide individually whether they want to allow additional foreign workers to be employed in their state.

Unlike other temporary visa categories, holders of a state-based visa would be as free as native-born workers to change employers as long as they remain within the state, thus providing a market-based protection against any abuse or systematic underpayment of temporary workers. The visa would not be valid in states that have not agreed to participate in the program, although states could join in compacts to recognize each other’s visas.

Ideally, the federal government would reform our inadequate and hodgepodge immigration system to fully reflect the realities of our 21st century economy and labor market. But absent any action from the federal government other than seeking to enforce a failed and unenforceable system, a state-based visa approach should be given a fair and full hearing.