The Great Immigration Compromise

Well...the Senate worked up a compromise to try and get an Immigration Reform package to the President.

Earlier this year the House passed an Immigration Reform bill that was tough on border security and made being an illegal alien a felony. The Senate has made it clear that it would not pass the House version of the bill and the President has said he won't sign the House version (it does not contain his "Guest Worker" program that he has been stumping for). The House bill is a good start, with the exception of the felony clause.

The felony clause is a bad idea because it would move all cases out of civil court and into our already strained criminal courts. Once in criminal court there would be many more costs to the taxpayers, including providing the defendant with representation. Since the rules of evidence in criminal court are more strict, it would require more work on the prosecutors end to ensure a conviction. So, while making being an illegal alien sounds good...its consequences have a practical implication that is unacceptable.

Anyway, the Senate has been deadlocked on the issue until today when the released the details of their Great Immigration Compromise (GIC). In the GIC illegal immigrants will be tiered based on the number of years they have been lawbreakers.

In Tier One are people who have been illegally in the US for less than two years. Those people are to be immediately sent back to their country of origin.

Tier Two is comprised of people who have been in the US for more than two years, but less than 5 years. They are to return to one of 19 "ports of entry" and bring documentation that proves they have been in the US for the proper timeframe. They will be given green cards that allow them to work here legally. At the end of the 5 years of work, they could apply for the a citizenship process that takes 11 years.

The final tier, Tier Three is for those people who have been in the country for more than 5 years. They could immediately apply for citizenship process that will take 11 years. This process is so long to meet the President's goal of not allowing illegal people to "jump ahead" of people who are going about the process correctly. The 11 year process is kind of a "plea agreement" where the illegal alien is on probation during that time. Part of the 11 year "road to citizenship" includes such things as English proficiency, civics proficiency, and two criminal background checks.

The Senate bill also doubles the number of Border Patrol agents and the building of a a "virtual" fence of surveillance cameras, sensors and other technology to monitor the U.S.-Mexican border. The bill includes provisions requiring employers to verify they've hired legal workers, as well.

I like this bill as a cleanup measure. I believe it is well thought out and fair. It handles the practical problem of what to do with 12 million people in a very equitable way. I don't think it is morally right to criminalize good-natured people who are just trying to make a better life for themselves. It would be a logistical, political and economical nightmare to try to round up 12 million people, many whom have had children here (who are therefore American citizens) and return them all to their countries of origin.

My big problem with this is I don't want a "clean-up" bill without some tough, zero-tolerance, enforced border security bill. I want to see the American government pass a law that shuts down the leak in our border. After 2 to 5 years of watching the government keep illegal immigrants out, then we can focus on cleaning up the mess by legitimizing those who are here.

Like I have said before, "most of America wants a strong, zero-tolerance policy that is enforced...I believe that the average Joe American would be amenable to the idea of guest workers if that were coupled with very, very tight border security." I think that this bill fails to prove to me and the American people that we have fixed the problem. This bill is just a clean-up and I don't trust the government to stop the influx...no matter what they say in the bill.

By the way, for those who think this bill is amnesty. You are wrong. Amnesty is what Reagan signed into law where one day 3 million people where illegal, and then, by the stroke of a pen, they were legal. Under this program, illegal aliens must register and work toward citizenship that has set requirements. Failure to meet those requirements and go through the process and you will still be illegal.

I certainly hope we can get this issue resolved in a fair, humanitarian, and lawful way.