Dems are killing REAL ID and we're supposed to believe this is a
good time for immigration reform.
Ronald Reagan's famous dictum for negotiating arms control holds
true for implementing immigration reform and border security. The
legislation proposed last week in the Senate takes a different
approach - "just trust me." There is a good deal of evidence that
that deal is a bad deal.
The attitude senior congressional leaders have taken towards
implementation of the REAL ID Act offers a lesson for those who
actually believe that this Congress can be trusted to follow
through on the promises made in the immigration-reform bill that is
now on the floor of the Senate. The REAL ID Act implemented one of
the key recommendations of the 9/11 Commission. It requires
national standards for driver's licenses, including an assurance
that any identity card used for a federal purpose (like passing
through a Transportation Security Administration security
checkpoint before boarding a plane) only be issued to an individual
who is lawfully present in the United States. The law also prompts
states to adopt best practices to provide better information
protection and combat identity theft, fraud, and counterfeit
trafficking in identity documents. Measures in the immigration
reform brokered in the Senate even acknowledge that the REAL ID
requirements are vital for restoring the credibility of identity
cards and the "breeder documents" (like birth certificates) that
are used to obtain them.
When Congress passed REAL ID with bipartisan support, it seemed
pretty clear that REAL ID was real important. And so you can
imagine my surprise when I was called, on almost no notice, to
testify before the full Senate Committee on the Judiciary in a
hearing earlier this month titled, "Will REAL ID Actually Make
Us Safer? An Examination of Privacy and Civil Liberty Concerns."
Good question. Isn't that something Congress should have done
before passing the law? Well, as it happens, they
did. Both houses held hearings on the proposal. Apparently, they
must have missed something. The Judiciary hearing turned into a
direct frontal assault on REAL ID. Before the first question had
even been asked, Senator Patrick Leahy, the committee chair,
announced: "Given my own concerns, I have joined with Senators
Akaka, Sununu, and Tester to introduce a bill that would repeal the
driver's license provisions of the REAL ID Act."
Support from the administration and its allies was not much
better. Only one senator from the minority showed up and didn't ask
any questions. In addition, the administration provided no
witnesses and has not requested sufficient appropriations to prompt
states to move forward quickly to implement REAL ID.
REAL ID is in real danger of becoming bait-and-switch legislation
where Congress talks tough and then fails to deliver the resources
or demonstrate the resolve to follow through.
There is every reason to expect the same response to immigration
reform.
The very first affect of the passage of the Senate bill as it
stands now will be to bestow legal status on the 12 to 15 million
unlawfully living in the United States. After that, Congress
promises they will ensure immigration laws are enforced and border
security is increased.
The problem with these promises is that they ring pretty hollow.
All the border-security measures in the bill have already been
authorized by Congress in previous laws. So the bill actually adds
no additional border security. In addition, the only thing that the
promise to undertake security and workplace enforcement provisions
really affect is the implementation of the temporary-worker
program. Unless the security triggers are met - there will never be
a legal alternative to America's addiction to undocumented
labor.
Notice, too, that the strongest advocates for amnesty are also
among the harshest critics of creating a temporary-worker program
(an initiative widely perceived as anti-union). Since they get
their amnesty on the day after the law is passed, what is their
incentive to follow through on the legislation's security
requirements? None. In fact, they have every incentive, like they
have done with REAL ID, to find all kinds of concerns, problems,
challenges, costs, they didn't happen to notice when they proposed
the law. They will find cause to delay, push-off, rethink, and
repeal every part of the bill they do not like.
Under this current plan and Congress, America will get an amnesty
and little else. This is, in effect, what occurred in 1986 when
President Reagan brokered a similar immigration deal with Congress.
Why won't the same thing happen again? Because the leadership of
this administration thinks it's smarter than Reagan. They are
wrong. They have already repeated Reagan's mistake - breaking
Reagan's law: trust, but verify.
James Carafano is a senior research fellow for defense and homeland security at The Heritage Foundation and coauthor of "Winning the Long War: Lessons From the Cold War for Defeating Terrorism and Preserving Freedom".
First appeared in National Review online