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Immigration reform as a path to conscience, not just citizenship

A bipartisan plan on immigration reform by a group of senators reflects tough terms for forgiving most illegal immigrants. President Obama, too, must adopt only an amnesty that strongly contributes to rule of law.

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Immigrants wait in an office in Langley Park, Md., to apply for a new program that allows them to avoid deportation and get a work permit if they were brought to the United States as children of illegal immigrants.

Jose Luis Magana/AP/File

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How much are Americans willing to forgive the 11 million people now living in the United States illegally?

Answer that and you might be able to predict what Congress will do in its latest drive to solve the immigration puzzle.

A bipartisan group of senators has agreed on the outlines for immigration reforms, one of which would grant current illegal immigrants a path to legal status under “tough but fair” conditions. And President Obama is pitching his own reforms.

At the heart of this political struggle is the issue of forgiving illegal immigrants for breaking US law, either by illegal border crossings or overstaying visas. Many in Congress now accept that it would be impractical and potentially immoral to deport so many people. And keeping such immigrants estranged in society only keeps them dangerously underground.

Yet any forgiveness often comes with terms attached, such as limited penalties for tax evaders in a government amnesty. What kind of punishment would fit an admitted crime but also deter its recurrence?

The terms of forgiveness on a mass scale are meant not only to help offenders become honest and law-abiding residents but also help restore the consensus that rules are worth following. Enforcement of any laws can only go so far. Society also needs shared values – such as a desire for secure borders – along with having a majority of residents who will feel the pangs of conscience if they break the law.

That’s why the Internal Revenue Service is more lenient to those who volunteer a tax violation than those who are caught. There’s an underlying assumption that people not only want to obey the law and avoid punishment but also want to pay taxes as a matter of societal goodwill.

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