No Border Wall is Necessary



Is it possible to affect and control immigrant border crossings with psychology, and existing law, instead of a wall, and or new laws that might prove difficult to pass because of fanatical liberal opposition ?


 Title 26 USC Section 1441(a) and (b), say "Yes, it is."


Many of the immigrants who come here to America to work, do so in order to be able to send home one-third to one-half of the money they make working here in the USA.


They have that much disposable income to send home of course because they try to live as inexpensively as possible, and have to pay no tax on the money they make, and most importantly, there is no tax withholding from their payments.


But Section 26 USC Section 1441(a) says any non-resident alien who receives a payment in America is supposed to have 30% percent of the money paid, withheld as tax by the payor (employer) . 


1441 - Withholding of tax on nonresident aliens

(a) General rule

Except as otherwise provided in subsection (c), all persons, in whatever capacity acting (including lessees or mortgagors of real or personal property, fiduciaries, employers, and all officers and employees of the United States) having the control, receipt, custody, disposal, or payment of any of the items of income specified in subsection (b) (to the extent that any of such items constitutes gross income from sources within the United States), of any nonresident alien individual or of any foreign partnership shall (except as otherwise provided in regulations prescribed by the Secretary under section 874) deduct and withhold from such items a tax equal to 30 percent thereof, except that in the case of any item of income specified in the second sentence of subsection (b), the tax shall be equal to 14 percent of such item.

(b) Income items

The items of income referred to in subsection (a) are interest (other than original issue discount as defined in section 1273), dividends, rent, salaries, wages, premiums, annuities, compensations, remunerations, emoluments, or other fixed or determinable annual or periodical gains, profits, and income, gains described in section 631(b) or (c), amounts subject to tax under section 871(a)(1)(C), and gains subject to tax under section 871(a)(1)(D).



Of course, there is an agricultural exemption to this non-resident alien withholding requirement, - so that American farmers don't have to administer to the US tax code and withhold in the fields from immigrants each day who are picking or harvesting the crops.


But why has this agricultural exemption been erroneously extended to all non-resident alien workers, instead of just the seasonal agricultural workers intended ?  With the disastrous consequences we see all around us in our society today ?


BY ignoring the requirement to withhold 30% as tax, which already exists in the written law in 26 USC Section 1441(a), we provide the money to be sent home by the alien workers, and thus we provide  the enormous incentive to the worker to brave the perils of crossing the border illegally to find work here, in order to be able to send money home to the family in the foreign land. 


If the IRS was used to enforce the withholding of tax from non-resident aliens required under Section 1441(a) (by the people who are hiring them in America), the disposable income being sent home to the foreign countries would not be available because it would then be used to pay the federal tax withholding, instead of being disposable income to the non-resident alien. 


As soon as the workers in foreign lands learn that if they come to the US to work, then 30% of their pay will be taken from the pay in tax, by withholding by the government, instead of being paid to them (to send home), and therefore, there won't be any money left over after expenses to send home, - then the mind-set and "psychology" of the workers, around coming to America to work to send money home, changes, almost immediately.


Who will come to the US to work and not be paid ?   When no money can be sent home ?


Who else, who is already here, will now try to become a legal resident or maybe even an American citizen, to terminate the withholding, since only non-residents aliens are subject to the withholding under the code section ? And how many people/workers may decide not to come at all, since there is no money to be made, to be sent home ?


With this simple exercise of existing statutory authority, the entire psychology of the people crossing the border to work in America, can be altered, changed, and controlled, and the whole system can be restored to the seasonal agricultural labor system it was originally intended to be, without an army of foreign workers on very corner competing with citizens for the everyday work and regular jobs that exist, while driving down the wage rate paid to any worker, including the citizen, who is just another worker in the pool of workers to choose from.


Congress need pass no new law to do this. The law already exists under IRC Sections 1441(a) and (b).  We only need the President to order the enforcement of the existing law, and all the aliens will be immediately psychologically impacted, and should be compelled to re-asses their thinking in coming here to work, or being here to work, in order to send money home, instead of becoming part of the melting pot in America.


Of course this whole group of non-resident aliens, because of this current disincentive to "melt" into society and become a real integral part of it, remain forever a separated and isolated, foreign, cultural sub-class of welfare recipients that strain the social service systems of the US towns and cities, without contribution to it by way of any tax payments.


But, if we enforced the existing withholding laws properly on these foreign workers, much less "force" would be necessary to use in dealing with them, and the problem would shrink dramatically and ultimately would partially solve itself, - and the aliens would begin to self-deport (no money to send home - why stay), and knowledge and psychology would impact and control the mind-set of the foreign worker in teh foreign land, and constrain immigration from the problematic countries.


The proof that this legal "psychology" approach to the problem, could work, is the fact that border crossings are off 40% in the first month of Donald Trump's presidency simply because he became president, and the aliens "think" it will be different now.  Well it can be, but, surprise, only if we enforce the law as written, under the U.S. Constitution. 


Obviously this will only address the "worker crossings" problem at the border, not the drug smuggling.  That's a different task.