Let's give immigrants security in their new homeland: undocumented immigrants shouldn't have to pay for 9/11. Bishop Jaime Soto argues for the return of a previously successful program that helped legalize them. (sounding board).

UNDER THE CRUSHING INFERNO OF THE WORLD Trade Towers more than 2,800 people lost their lives. The many who heroically rushed in while others hurried to escape have their names lauded throughout the country, not to mention the unsung heroism of those who remained inside aiding the weak and uncertain.

A story that has only slowly come to light from that tragedy belongs to a number of undocumented immigrants whose lives were lost and whose identities were initially uncertain because, their families were reluctant to come forward to name the deceased loved ones. The efforts of the AFL-CIO and others helped these souls and their families reclaim in death what they could not find in life: a name and a rightful place in society.

In the tumultuous wake of that tragedy and the ensuing recovery, the families of these victims were extended the opportunity to legalize their immigrant status through the U.S. Patriot Act of 2001. But what seemed so clear and right a response for the families who lost loved ones in the Twin Towers remains for many of their undocumented compatriots unspeakable in the current "homeland security" mentality.

This bitter irony points to the confusing social ambiguity of most undocumented men, women, and children. They live enmeshed in our neighborhoods, factories, and schools hoping to avoid detection while seeking to share in all that America aspires to be.

Before September 11, 2001 many immigrants had reason to believe that their opportunity to stand in the light of day might come. The political momentum spurred by the positive dialogues between Presidents Vicente Fox of Mexico and George Bush seemed to promise imminent relief to the growing numbers of undocumented immigrants living in the U.S.

That was then. This is now. The tragedy of that dark day in September and the subsequent media revelations about the alleged perpetrators have put the brakes on any immigration reform that might bring relief to those currently residing in the United States.

But the legitimate aims of homeland security can be better obtained by promoting a program that provides undocumented immigrants and their families the opportunity to establish their identity in this country and secure the means to integrate themselves into American life.

As the debate continues about the role of immigration law in securing the peace and tranquility of this nation, we should look to the success of the previous legalization program of the late 1980s. That experiment defied the current political logic by demonstrating that it is possible to effectively incorporate those who are on the margins of our society and thus more securely achieve the peace of mind hoped for by both immigrants and citizens alike.

One of the more noteworthy pieces of legislation signed by the Reagan administration was the Immigration Reform and Control Act (IRCA) of 1986, which imposed sanctions against those employers who knowingly hired undocumented immigrants. The jury is still out on the effectiveness of that element of the law. But what proved to be the most significant portion of the law was the legalization program. For one year, the program afforded eligible undocumented immigrants and their families the opportunity to legalize their status. Not only did previously undocumented immigrants become legalized, many also eventually went on to become citizens.

Other factors also motivated people to apply for legalized status, including anti-immigrant sentiment during the economic downturn--fueled by the irresponsible rhetoric of public officials--and welfare reform, which cut back on services to immigrants with permanent resident status.

All of this had the ironic effect of pushing undocumented immigrants further into the public square. In California, candidate forums were conducted at immigrant parishes, and the Spanish- and Asian-language budgets of political campaigns grew. In February of 2000, the AFL-CIO, which had so staunchly supported the employer sanctions of 1986, reversed course and called for their repeal as a result of the growing number of immigrant union members. The economic clout of immigrant communities has changed the style and manner of marketing. To believe that all this could happen would have seemed naively optimistic in 1987.

Given all this, the legalization program of IRCA can be considered a success that surpassed even the most optimistic intentions of the lawmakers. The positive outcomes of that program should now spur Congress to further consider a similar program, especially given the changed national circumstance after Sept. 11, 2001.

ONE OF THE STARTLING FEATURES OF THE LEGALIZATION process in 1987-88 was the extent to which many undocumented immigrants were already part of American life. The application process required documentation that established continuous residence in the United States since 1982. The documents used most often by the applicants were tax returns, pay stubs, and mortgage payments.

Precisely because of the circumstances we now face in this nation and the persistent uneasiness that has bred so much suspicion and unfounded recriminations against immigrants, a new legalization program could go a long way to doing what the last legalization program accomplished so successfully--move many families out of the shadows of our society and allow them to meld their aspirations and energies with the American enterprise.

The last legalization program also spurred a variety of commercial, civic, and religious endeavors fueled by the unleashed energies of immigrants--who now had nothing to fear--as they engaged with greater confidence the marketplace, the public square, and their temples of worship.

Attempts to be more effective at exclusion have withered in the face of the growing globalization of the economy and the increased movement of people and capital across borders. In some measure these have only perpetuated the presence of a shadow society undermining the American social fabric. This makes all of us, but especially the immigrant, more vulnerable to exploitation.

Any effective immigration legislation must seek to manage the inevitability of undocumented immigration while also seeking to secure the rights of a nation to preserve the integrity of its borders. These are not contradictory propositions. They can be complementary steps to achieving a singular objective: to assure the effective integration and participation of the diverse people of this nation in pursuit of the common welfare and domestic tranquility.

BUILDING ON THE SUCCESSES OF THE PAST CAN MAKE SOUND policy in our present predicament and will take us a long way toward pronouncing with Saint Paul, "We are strangers and aliens no longer" (Eph. 2.19).

Paul, in his letter to the Ephesians, praised the cruel paradox of the cross that fashioned a new humanity out of the absurd animosities between timeless rivals and adversaries. "In Christ Jesus you who once were far off have become near by the blood of Christ. For he is our peace, he who made both one and broke down the dividing wall of enmity, through his flesh, abolishing the law with its commandments and legal claims, that he might create in himself one new person in place of the two, thus establishing peace, and might reconcile both with God, in one body, through the cross, putting that enmity to death by it" (Eph. 2.13-16).

Those of us who still believe in this Pauline vision must see through the haze and hate that still billows from the cataclysm of September 11 and craft the paradox that can create with Christ that new humanity that still yearns to be born. The boldness of the Pauline proposal rings with urgency.

It was the religious imagination found in scripture that sparked the genesis of the American enterprise and her best ambitions. We would fail to sustain that cherished endeavor were we to allow the walls of the old enmity to blind us to those among us who are eager to join us as fellow citizens of a household of hope.

Advance copies of sounding Board are mailed to a sample of U.S. CATHOLIC subscribers. Their answers to questions on the topic of this Sounding Board article and a representative selection of their comments follow in feedback.

BISHOP JAIME SOTO of Orange, California, a board member of the Catholic Legal Immigration Network (CLINIC).