P1A century ago, the immigrants from across the Atlantic included settlers and sojourners. Along with the many folks looking to make a permanent home in the United States came those who had no intention to stay, and who would make some money and then go home. Between 1908 and 1915, about 7 million people arrived while about 2 million departed. About a quarter of all Italian immigrants, for example, eventually returned to Italy for good. They even had an affectionate nickname, “uccelli di passaggio,” birds of passage.

P2Today, we are much more rigid about immigrants. We divide newcomers into two categories: legal or illegal, good or bad. We hail them as Americans in the making, or brand them as aliens to be kicked out. That framework has contributed mightily to our broken immigration system and the long political paralysis over how to fix it. We don’t need more categories, but we need to change the way we think about categories. We need to look beyond strict definitions of legal and illegal. To start, we can recognize the new birds of passage, those living and thriving in the gray areas. We might then begin to solve our immigration challenges.

P3Crop pickers, violinists, construction workers, entrepreneurs, engineers, home health-care aides and physicists are among today’s birds of passage. They are energetic participants in a global economy driven by the flow of work, money and ideas. They prefer to come and go as opportunity calls them. They can manage to have a job in one place and a family in another.

P4With or without permission, they straddle laws, jurisdictions and identities with ease. We need them to imagine the United States as a place where they can be productive for a while without committing themselves to staying forever. We need them to feel that home can be both here and there and that they can belong to two nations honorably.

P5Accommodating this new world of people in motion will require new attitudes on both sides of the immigration battle. Looking beyond the culture war logic of right or wrong means opening up the middle ground and understanding that managing immigration today requires multiple paths and multiple outcomes, including some that are not easy to accomplish legally in the existing system.

P1In a rare unanimous ruling, the US Supreme Court has overturned the corruption conviction of a former Virginia governor, Robert McDonnell. But it did so while holding its nose at the ethics of his conduct, which included accepting gifts such as a Rolex watch and a Ferrari Automobile from a company seeking access to government.

P2The high court’s decision said the judge in Mr. McDonnell’s trial failed to tell a jury that it must look only at his “official acts,” or the former governor’s decisions on “specific” and “unsettled” issues related to his duties.

P3Merely helping a gift-giver gain access to other officials, unless done with clear intent to pressure those officials, is not corruption, the justices found.

P4The court did suggest that accepting favors in return for opening doors is “distasteful” and “nasty”. But under anti-bribery laws, proof must be made of concrete benefits, such as approval of a contract or regulation. Simply arranging a meeting, making a phone call, or hosting an event is not an “official act.”

P5The court’s ruling is legally sound in defining a kind of favoritism that is not criminal. Elected leaders must be allowed to help supporters deal with bureaucratic problems without fear of prosecution of bribery. “The basic compact underlying representative government,” wrote Chief Justice John Roberts for the court, “assumes that public officials will hear from their constituents and act on their concerns.”

P6But the ruling reinforces the need for citizens and their elected representatives, not the courts, to ensure equality of access to government. Officials must not be allowed to play favorites in providing information or in arranging meetings simply because an individual or group provides a campaign donation or a personal gift. This type of integrity requires well-enforced laws in government transparency, such as records of official meetings, rules on lobbying, and information about each elected leader’s source of wealth.

P7Favoritism in official access can fan public perceptions of corruption. But it is not always corruption. Rather officials must avoid double standards, or different types of access for average people and the wealthy. If connections can be bought, a basic premise of democratic society—that all are equal in treatment by government—is undermined. Good governance rests on an understanding of the inherent worth of each individual.

P8The court’s ruling is a step forward in the struggle against both corruption and official favoritism.