Amnesty, make no mistake about it, is the cornerstone of the
Senate's immigration bill. Despite its many pages and provisions,
the legislation guarantees one thing only: that a population of
individuals defined solely on the basis of their illegal status
will receive legal status and a privileged path to permanent
residency and citizenship.
Everything else in the bill - border security, worker verification,
the temporary-worker plan, a new merit-based immigration system -
would be contingent on future political decisions. A few amendments
around the edges will not change this overriding fact.
If there is any lingering doubt, consider these provisions:
- Only illegal aliens are eligible. Title VI creates a new "Z"
visa exclusively for illegal aliens, granting legal status to those
who have willfully violated U.S. laws and denying that benefit to
law-abiding aliens who have played by the rules. Only illegal
aliens can qualify. (Section 601 (c)(1))
- Legal status is immediate. Section 1 (a) allows probationary Z
visas to be issued immediately after enactment, and Section 601
(f)(2) prohibits the federal government from waiting more than 180
days after enactment to begin issuing probationary Z visas. These
probationary visas are nearly as good as non-probationary Z visas,
giving the alien lawful status, protection from deportation,
authorization to work, and the ability to exit and reenter the
country with advance permission. (Section 601 (h)(1))
- Immigration laws are set aside. Before anyone even applies for
a probationary Z visa, the legislation would set aside the
immigration laws that currently criminalize the presence of illegal
aliens. The bill waives compliance with several laws as a condition
for eligibility for the amnesty, including those concerning illegal
entry, failure to appear for a removal proceeding, fraud in
obtaining a documentation to enter the United States, falsely
claiming citizenship, violating terms of a student visa, failure to
obtain valid immigration documents, unlawful presence for more than
one year, and reentry after having been ordered removed. (Section
601 (d)(2)(A))
- A guaranteed path to citizenship. Probationary Z visas could be
valid for years, depending on when the government begins issuing
non-probationary Z visas (Section 601 (h)(4)). The Z visa can be
renewed every four years indefinitely (Section 601 (k)(2)). No
later than 8 years after enactment, the Secretary of Homeland
Security must determine the number of Z visa holders who are
eligible for legal permanent residence (LPR) and grant LPR status
to all such persons over the following five years at a rate of 20
percent per year. (Section 503 (f)(2) and Section 501 (b))
- Amnesty is unlimited. The bill grants legal status to virtually
all of the 12 million to 20 million illegal aliens who are in the
country today, and there is no cap on the total number of illegal
aliens who could receive Z-visa status. Expect a mass influx once
the 12-month period for accepting Z-visa applications begins,
because the legislation is an open invitation for those intent on
U.S. residence to sneak in and present two fraudulent documents
indicating that they were here before the beginning of the
year.
Like the amnesty bill of 1986, the current Senate proposal would
grant legal status to those who have resided illegally in the
United States and place them on a privileged path to citizenship.
As in 1986, these individuals must pay fees and fines and meet
certain conditions. And once again, the granting of legal status is
still "amnesty" even if it is conditional and not automatic or does
not necessarily end in citizenship.
Requiring a "touchback" (meaning a visit to a consulate outside
of the United States) after illegal aliens have received a legal
status that gives them a guaranteed return to the United States
does not alter this conclusion. Such a requirement does nothing of
substance other than impose a minor additional burden on those
receiving amnesty.
In short, the bill's conditions and requirements do not turn
amnesty into "earned" legalization or citizenship.
That the Senate bill would grant amnesty is underscored by the
very breadth and generosity of that grant. To initially qualify for
a Z visa, an illegal alien need only have a job (or be the parent,
spouse, or child of someone with a job) and provide two documents
suggesting that he was in the country before January 1, 2007, and
has remained in the country since then. A bank statement, pay stub,
or similarly forgeable record will do - as would a sworn affidavit
from a non-relative (Section 601 (i)(2)).
Likewise, if an Immigration and Customs Enforcement agent
apprehends aliens who appear to be eligible for the Z visa, the
agent cannot detain them (Sections 601 (h)(1, 5)). And if an alien
in the removal process is "prima facie eligible" for the Z visa, an
immigration judge must close any proceedings against the alien and
offer the alien an opportunity to apply for amnesty (Section
601(h)(6)).
All of this only makes sense if the main objective is to grant
blanket legalization to a massive but innumerable population of
illegal aliens. Which is why, despite the grand illusion - despite
all the smoke and mirrors, the semantics, and the denials - the
undeniable centerpiece of the grand bargain is a grand amnesty.
Matthew
Spalding is director of the B. Kenneth Simon Center for
American Studies at the Heritage
Foundation.