An Immigration Experiment Worth Watching in Spain


By DAVID C. UNGER 
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Published: March 20, 2005

New York Times


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 M <http://graphics8.nytimes.com/images/dropcap/m.gif> adrid — As so much of
the Western world debates imposing tighter restrictions on immigration, it's
a good time to take a look at Spain.

The year-old Socialist government of José Luis Rodríguez Zapatero is moving
in the opposite direction, toward a more enlightened system that aims to
reduce the number of illegal foreigners by simplifying the path to legal
recognition. It is too soon to know how well Spain's new approach will work
or if it is even possible for one country in an increasingly borderless
Europe to chart a distinctive course. But if Madrid's experiment is a
success, it could become a model for other countries struggling to balance
the need for additional labor with fears that terrorists could hide their
tracks among large communities of foreign workers forced to live outside the
legal system.

The new Spanish policies largely reflect the thinking of Consuelo Rumi, the
government's state secretary for immigration. As a symbol of the new
approach, Ms. Rumi's offices have been moved out of the Interior Ministry,
whose main business is policing, and are now housed in the Ministry of Labor
and Social Affairs. Enforcement is still a priority: electronic barriers are
being built along Spanish coastlines and new bilateral agreements have been
reached so that foreigners who do not qualify for legal residence are
swiftly returned to their home countries. What is different is that the
large and rapidly expanding flow of foreigners into Spain is now frankly
recognized as an economic phenomenon which can and should be coordinated
with the labor needs of Spanish employers. 

Although Spain's overall unemployment rate hovers above 10 percent, the
economy is desperately short of people willing to do some of the manual jobs
Spaniards shun, for example in construction and agriculture. There are
plenty of willing workers available to fill these jobs from North and
Central Africa, Eastern Europe and Latin America. Its open borders with
France and Portugal and the proximity of impoverished nations in North
Africa - Morocco is only nine miles away at the closest point - make Spain
an attractive destination for foreign workers, legal and illegal. Of the
estimated 2.7 million foreigners now in Spain, 1 million are believed to be
there illegally, more than three times as many as in 2001. That increase
testifies to the failure of the previous government's policies, which were
characterized by an overreliance on police sweeps and deportations. 

The more sophisticated approach now being tested rests on the sound premise
that by regulating and smoothing the process of legal labor migration,
illegal migration can be more effectively monitored and controlled. As a
first step toward drawing foreigners out of the underground economy, the
government is currently offering legal residency papers to people with no
criminal record and a six-month labor contract in hand from an employer.
After this amnesty expires in May, workers who fail to qualify will be
deported, while those who employ them will face fines of more than $80,000
per illegal employee.

Bringing eligible foreign workers into legal daylight makes it easier for
the authorities to keep track of their employment status and their
whereabouts. Making sure they are paid on the books and with appropriate
social insurance contributions deducted should make their presence more
acceptable to Spanish public opinion.

Spain, like the United States and most Western countries, recognizes that
people facing ethnic or political persecution in their home countries have a
right to apply for refugee status. More unusually for Europe, Madrid is also
opening a small door toward the kind of skills-based immigration offered by
countries like Canada. Under an experimental system, highly qualified
immigrants without labor contracts will be permitted to live legally in
Spain for a limited period while they seek work. And recognizing that the
trade, foreign and development policies of wealthier countries sometimes
inadvertently contribute to the tide of desperate economic migrants by
destroying third world agriculture and jobs, Ms. Rumi meets regularly with
Spanish officials working in other ministries to try to achieve better
policy coordination. 

In immigration, as in other areas of government, grand strategies often have
unintended and unwanted consequences. But if the new Spanish policies do
manage to achieve their ambitious aims, they could help set a positive
precedent on a continent that has always been uneasy about welcoming
foreigners and where xenophobic populism is a mounting political danger. 



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