The Monstrosity of Immigration Reform – Part 2

April 26, 2013

In Part 1, “Immigration Reform a Monstrosity,” it was revealed that the business community and labor unions hashed out a new work-visa program to allow up to 200,000 low-skill workers to come to the U.S.  Furthermore, that the legislation creates a framework for legalization of an estimated 11 million people unlawfully present in the U.S., as well as to anyone who was present in the U.S. before 2012, with no proof required to prove that applicants have been here for several years.  And let’s not forget the four senate Gang of Eight members, Republicans Lindsey Graham and Marco Rubio and Democrats Charles Schumer and Michael Bennet, who couldn’t resist helping themselves to a piece of the pie.  But what about input from the law enforcement community?

 In testimony from ICE Union President Chris Crane at the Senate Judiciary Hearing on April 23, Crane made this comment

 Never before have I seen such contempt for law enforcement officers as I’ve seen from the ‘Gang of Eight.’  This legislation was crafted behind closed doors with big business, big unions, and groups representing illegal aliens. Groups with their own interests. Groups that stand to make millions from this legislation.  Anyone with a significantly different opinion on immigration reform was prohibited by the Gang from having input.

Crane also testified how law enforcement was treated when it tried to work its way into the process:

 Last week desperate to be heard, border sheriffs, interior sheriffs, deputies and immigration agents all came to Washington, D.C. with the hope that the Gang of Eight would hear their concerns. They held two meetings on two separate days. Not one member of the Gang of Eight attended.  Last week when I respectfully asked a question to the Gang of Eight at their press conference, I was escorted out by police and Senate staff.  I was spoken to with anger and disrespect. 

Such contempt for law enforcement could only point to deceptiveness by those who were involved in crafting the immigration reform legislation where even illegal aliens had seats at the table.  Just what has been kept under the radar hidden from public attention?

Below is a summary of an article published by Michelle Malkin on April 23 in which she dissects the Gang of 8’s enforcement sham.  Further reading is suggested of Malkin’s article.‘s-enforcement-sham/

Three Flaws in The Bill’s Amnesty Provisions:

1.  Background check are insufficient to prevent terrorists from gaining amnesty.  Any illegal alien can invent a new name with a totally clean record and present that name when applying for the amnesty.

2.  Absconders and Aliens who have already been deported can claim the amnesty.  The bill actually allows illegal aliens who have already been deported from the U.S. to return and gain the amnesty.

3.  Bill legalizes dangerous aliens who received deferred action under Secretary Napolitano’s unlawful DACA directive of June 2012.  Criminals who have been a

4.  Employment provisions exempt large categories of labor, signifying that many of the ways in which illegal immigrants obtain labor will no longer be unlawful. The bill also contains a huge loophole for illegal labor employed by subcontractors.  Even if the general contractor learns of the unlawful labor during the performance of the contract, the contractor is not “employing” the illegal aliens, so the general contractor is not in violation in any way.

5.  The bill scraps and replaces what has been a proven E-Verify system used successfully in many states.  Even though the replacement to be created will not contain any significant differences, because of its prolonged phase-in requirement, it does not appear that any employers will be required to even use the new system before the newly amnestied aliens are able to be converted to LPR status.

6.  The bill exempts current employees from verification, not even requiring or permitting (except when ordered by the DHS Secretary) the electronic verification of existing employees.

Six reason why the bill’s enforcement provisions are not serious:

1.  The so-called enforcement “Triggers” in the bill are trivial, having no real teeth to ensure enforcement of our immigration laws.

2.  The 90% metric is completely meaningless*, as it is sheer fantasy to imagine that we can calculate a percentage when we have absolutely no idea what the denominator is.  Also, the 90% metric only applies to a few “high risk border sectors.”  Even so, demonstrated under the current DHS leadership is that it cannot be trusted to fairly report the statistics (*Within five years of enactment, the DHS must certify that it is catching or turning around 90$ of all border crossers at high risk border sectors.).

3.  The bill hobble state enforcement efforts in the workplace by the provision that guts almost all state laws prohibiting the knowing employment of unauthorized aliens.  A State would not be able to fine an employer for failing to use the verification system.

4.  The Employment provisions exempt large categories of labor that is “casual, sporadic, irregular, or intermittent.”  Day labor fits into this category and as such no employer would have to verify the work authorization status of any such employee, nor even refuse to hire the worker if the employer has knowledge of the person’s unlawful work authorization.

5.  Scraping and replacing the proven E-verify system with another only serves to delay any meaningful enforcement in the workplace.

6.  By not requiring or even permitting, except when ordered to do so by the DHS Secretary, demonstrates that the bill was not really intended to protect American workers against unfair competition from illegal labor or it would subject existing employees to electronic verification.

Over the past 17 years, under both GOP and Democrat majorities, six times Congress promised to fix and create a functioning entry-exit system that would barometrically verify the identity of foreign nationals entering U.S/. airports and seaports with the capacity to generate a list of individuals who have not left the U.S. even though their visas have expired.  These over-stayers represent a significant share of the undocumented aliens now residing in the United States.

As the bipartisan Gang of 8 and Washington all say they support a verifiable entry-exit system, if the system were build and operated as a “stand-along first,” after having kept one of its promises, there might be more reason to believe the promises in the other hundreds of pages of the immigration reform bill.

Not so according to David Schanzer who posted at Huffington Post: “Reform:  Don’t Rush to Build Biometric Exit System.”

Putting all aside, American families cannot afford the cost of amnesty.  Americans are already burdened with taxes to support a bloated welfare and overburdened entitle system that is badly in need of reform.  As posted by Derrick Morgan for the Heritage Foundation “Morning Bell” on Thursday, April 25:

 We have more than $12 trillion in public debt and tens of trillions of dollars more in unfunded obligations that we have no way to afford, thanks to promises made by past and present politicians.  With this in mind, today’s political leaders must consider the fiscal impact of amnesty and a path to citizenship that would enable millions of unlawful immigrants to qualify for costly welfare and entitlement programs.

Not withstanding, and with food for thought, is there some sinister move underfoot by the Democrat Party?  As Senator Ted Cruz (R-TX) told CBS News’ Jan Crawford in an interview that aired on Wednesday, April 24:

 President Obama does not want an immigration bill to pass.  I think that the president wants to campaign on immigration reform in 2014 and 2016 [to win back the House so Democrats will own all three branches of government].  And I think the reason that the White House is insisting on a path to citizenship for those who are here illegally is because the White House knows that insisting on that is very likely to scuttle the bill.”


Friday, April 26, 2013 at 02:30 PM | Permalink



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