Illegal Immigration

Back in May, about a dozen members of the United States Senate from both parties held a press conference to announce at long last a consensus on "comprehensive immigration reform." They proclaimed an agreement had been reached to resolve the deadlock in Congress over what to do about the estimated 12 million illegal immigrants now in the U.S.

Immediately, two cabinet members from the Bush Administration proclaimed White House support for the "bill" and since then the President has personally invested whatever political capital he still has to rally support. He went so far as to label dissenting legislators as uninterested "in doing the right thing for America." Understandably, that ruffled the feathers of more than a few Republicans who have a serious problem with the latest version of Kennedy-McCain-Bush.

When the "victory announcement" was made, no draft of a bill even existed. Over the next weekend, staffers pasted together what ended up being hundreds of pages of proposed legislation that was then sent directly to the floor of the Senate – no normal legislative process, no committee hearings, none of the normal opportunity for Senators, staff, constituents, and interested groups to review, comment, and vet what could be one of the most important pieces of legislation on this issue in years.

Not surprisingly, there were problems. Senators wanted to offer amendments to fix some of what was in the bill, as well as some of what wasn't. It quickly became apparent that passage was far from certain. Senator John Cornyn of Texas tried to clean up what most had come to call the "amnesty" provision of the bill that would immediately grant probationary legal status to anyone here illegally. Cornyn's amendment would have denied that courtesy to illegal felons. The proposal seemed reasonable enough, and as the former Attorney General from Texas, Cornyn has volumes of reasons to offer such an amendment.

However, Ted Kennedy objected to Cornyn's amendment, arguing that the privacy of the illegals would be unnecessarily compromised if law enforcement were to get involved. Really. I'm not making this up.

As obvious as Cornyn's amendment would seem to most objective people, the Senate defeated it, a telling sign that the bill was doomed. Sure enough, rather than let the senators – particularly Republican senators – offer dozens of amendments, Majority Leader Harry Reid decided there had been enough discussion, and tried to get the bill passed by forcing a cloture vote. (Cloture is a procedural vote to end debate and vote on the bill in its entirety.)  Reid's effort failed by a wide margin. Rather than continue with debate, he pulled the bill and blamed Republicans for its failure to pass – including blaming the President who wasn't even in town. Bush was in Europe for the G-8 summit.

Once back in Washington, however, the President immediately started strong arming Republican senators to try to resurrect and pass the bill – some bill, any bill – apparently wanting desperately to sign something into law on his watch.

A Line of Sight has written extensively on this issue in the past, and in our opinion this legislation should have died, and we hope it stays dead. Regardless of the claims of its supporters, this was an amnesty bill, and the general public saw it for what it was. Some have no problem with that – but a lot of us do. The bill also went to great length to create "a path for citizenship" for all the illegals as well as their close kin. They should forget a special path to citizenship, because we've already got one. First come to America legally and then follow the rules. Millions have followed that path before, and still do. It works, and that is how it should be.

If the Senate wants to pass something, A Line of Sight suggests this:

1. Secure the border.

Do it with manpower, a fence, technology, weapons, or whatever it takes. Until the border is secure and the President and Congress have demonstrated both the willingness and ability to stop continual illegal immigration, they have no credibility with the American people on "comprehensive" reform. Why should we trust them to enforce a new law when they have failed to enforce existing ones?

2. Adopt a 21st Century Immigrant Identification System.

A biometric, counterfeit-proof identification system must be adopted – and now. Government should adopt the standards and provide oversight and enforcement, but seek bids from private industry to create and manage the technology. Next, establish a date certain for implementation, require all employers to be on the system, and all employees to demonstrate either citizenship or legal alien status. Adopt and enforce stiff penalties for employers who break the law – not unlike what is done presently for payroll withholding taxes.

If this is done, illegals now here will have to go home before the "enforcement date." They can get in line, pay whatever fines might be established and be subject to background checks, health exams, and legal immigration availability that should be continually adjusted based upon economic indicators to avoid depressing domestic wages, increasing unemployment, or restricting expansion (by limiting the workforce availability). Because this modern system would allow for accurate, efficient, timely processing of immigration requests, access to employees could be effectively managed so as to not disrupt specific industries' workforce requirements or the economy in total.

The end result of just this two step process would be that by the "enforcement date" of the new identification system, the vast majority of the illegal workforce would self correct. Employers would now have a system they could rely upon to assure legal status, as well as access to a legal workforce in the numbers and nature (industry specific) that they need. State departments of labor could and should be utilized to continually manage the needs within their states, ramping up or easing off legal work visas as economic circumstances dictate.  With a foolproof, dependable, affordable identification system in place, - and stiff, enforced penalties for non-compliance - the near certain impunity for hiring illegals as well as the motivation evaporates, along with the “magnet’ of readily available jobs for illegals that keeps them pouring across the border. 

The deal-makers on Capitol Hill and the White House are trying to negotiate with the American people about enforcing already existing law.  They keep talking about the need for "comprehensive" immigration reform. What they mean is:

"Give us amnesty and citizenship for not only the millions here illegally, but also any close relatives they want to invite here, and then we'll see about securing the border."

The Heritage Foundation estimates this could result in 66 million total new citizens, or about a 22% relatively immediate population increase, and the vast majority in the low-income, low-skilled categories requiring billions in support from the plethora of government programs.

Look, any legislation dealing with illegal immigration will of necessity include secure-the-border provisions. Not to mention that existing law already demands that the government do it! We have a few questions for the lawmakers:

• Why are the politicians playing the old if-then game with border security?
• Why should we believe that “this time they're serious”?
• Why should we believe they would enforce even more complex immigration laws, when they have failed/refused to enforce existing ones?
• Why don't they just get on with at least that much, and secure the border?

The President has been authorized to build over 700 miles of fence, yet only a few miles have been completed. He has the authority to hire vastly more border patrol agents, but it hasn't been done. He has the authority to deploy technology, equipment, and manpower far beyond what he has done, but seems to be waiting until Congress gives him a "comprehensive" (read: amnesty) reform bill.

Congress should take one step back and cool off. Forget amnesty and special citizenship provisions – they are both non-starters. Then they should pass an approach like the one outlined above. The Rule of Law would once again be established. Order would be restored to society and the workplace. Fairness, decency, and equity could again describe how non-citizen workers get treated. Employers and employees would operate within the law, not looking over there shoulder, and Congress could then claim "victory" and have it mean something.