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7 Reasons Not to Swallow Marco Rubio’s Immigration Snake Oil

April 24th, 2013 - 8:07 am

The immigration bill pushed by Senator Marco Rubio (R-FL) and other members of the Gang of 8 is advertised as a comprehensive reform to secure the border and strengthen the immigration laws before allowing legalization.

Nonsense.

An actual read of the massive bill reveals it as radical legislation which will transform the rule of law and the political future of the nation.

Democrats are desperate to pass the legislation because they long to transform 11 million illegal immigrants and their families into Democrats.

The language of the bill doesn’t do what the proponents say. Instead, the provisions are a witch’s brew of lawlessness, executive discretion, and legalistic trickery crafted by the organized, open-borders left.

Examples of the deception abound.

1. Legalization and Border Insecurity

The bill provides for legalization in six months as soon as the secretary of Department of Homeland Security does another worthless Washington, D.C., review of border security. Almost anyone who has been in the United States illegally since as recently as December 2011 is eligible to legalize. This exposes the public- relations lie of rewarding only those who have put down “roots” in the United States.

Even the last mass amnesty in 1986 required applicants to have been in the United States almost five years.

Proponents say the bill will make us safer because we will know who is here. But the Boston bombers were already living here legally and were operating in plain sight.

In fact, in the bill aliens are eligible for legalization even if they were found by an immigration court to have filed a phony asylum application (page 66). Current law prevents them from obtaining any immigration benefits after they file a phony application.

The bill does not even require DHS to interview those who apply for legalization (page 105). The bill makes it a rubber-stamp approval.

The bill is supposed to protect aliens who live “in the shadows.” But aliens who have been through the court system and were ordered deported but refused to leave will benefit from the bill. (page 75). The bill allows some aliens who have been deported to return and get legalization.

The bill even encourages federal-court lawsuits and gives federal judges broad review powers over individual applications if the DHS dares to deny an alien’s application. This is a prize for the immigration bar who helped draft the bill. Similar to the 1986 amnesty, this provision will weigh down the courts for decades.

2. A False Sense of Security

This bill gives the secretary of DHS the power to certify the borders are secure. For beneficiaries to move from legalization to an easy path to citizenship, the secretary of DHS only needs to certify that a few new security “triggers” are in place.  The problem is that the triggers in the bill are not the tough measures Senator Rubio promised.

The bill does a good job of creating the illusion of greater security. For example, the bill only requires that the government have 90% control of “high risk border sectors” (where there are 30,000 or more apprehensions per year). It does not even require 90% control of the entire southern border, and says nothing about the porous northern border.

Also, the bill requires an entry-exit system to be established, but current law already calls for implementing a biometric entry-exit system so as to ensure the person leaving is the one who came.

Naturally, DHS has already failed to implement current biometric requirements. The bill builds on DHS failures and does not require the entry-exit system to be biometric.

Once the secretary of DHS says these easy triggers have been “substantially” met, the bill’s legalization opens a path to citizenship for illegals. With that comes massive government benefits, including food stamps, Social Security, Obamacare, medicare, and other entitlement programs for aliens and their dependents.

Senator Rubio often talks about how those enjoying legalization cannot get government benefits, but he fails to mention that the benefits start full force in the bill in ten short years.

Senator Rubio’s spokesman accuses conservatives who oppose a path to citizenship of promoting “slavery.” Yet many aliens who have permanent resident status choose not to seek citizenship.

3. Undermining Immigration Enforcement

When it comes to interfering with front-line immigration officers, the bill goes from bad to worse. It ties the hands of law enforcement and prevents them from doing their jobs. It infers that the men in uniform aren’t to be trusted. That’s why the federal immigration officers’ union strongly opposes it.

The bill prohibits immigration officers from apprehending anyone who “appears eligible” for legalization for the two and one-half years that aliens could apply for it (page 69-70). It prohibits aliens from being deported until all their appeals up to and including the federal courts are exhausted years and years into the future. During all of this time, they cannot be detained, apparently even if they are criminals (page 73). It even requires that immigration officers help aliens apply, and spends large sums of money advertising the legalization program  (page 93).

Anytime the federal government requires marketing to minority communities, millions of dollars flow into politically friendly radio and print companies.

Moreover, if an alien applies for legalization, the bill makes the application secret and states that it can never be used by DHS to deport him, even if he is denied under the program (page 118). DHS cannot even provide information from the application in immigration court. This is an open invitation for applicants to commit fraud with no consequences.

The bill discourages DHS from deporting aliens even if they are denied legalization.

The bill seems to assume that immigration agents are lawless characters. This is a favorite narrative of the open-borders left.

The bill requires immigration officers to be trained by the assistant attorney general for civil rights and his lawyers (page 49).  The current holder of that office is the radical Thomas Perez, and the ideological hiring within his agency has been covered extensively here at PJ Media. This is the same agency that has a “National Origin Working Group” that meets to do whatever it can to roll out the welcome mat to illegal aliens. The bill wants the radicals inside DOJ’s most radical division to train front-line law enforcement officers.

The bill creates an Oversight Task Force at the southern border to protect “due process” which must include as members “civil rights activists” that can hold hearings and demand information from DHS (page 51). The message that would be sent to immigration agents would be unmistakable: do nothing at all.

 

4. Helping Criminal Aliens

Current immigration laws are strict toward aliens who commit crimes in the United States. The bill changes that by making it easier for criminal aliens to get bond and permanently remain in the United States. For example, it gives immigration judges and DHS broad new powers to waive actions which result in automatic ejection from the United States, such as for drug crimes, firearms offenses, domestic violence, stalking, marriage fraud, false claims to citizenship, and crimes involving moral turpitude (page 328).

The bill also makes it easier for criminal aliens to be released back onto the streets and to disappear without a trace. For example, it requires aliens to receive immediate bond hearings within 7 days or be released, even if DHS is still collecting their criminal records (page 653). For any aliens who are detained, even aggravated felons, immigration judges must hold bond hearings every 90 days even if nothing has changed to warrant another bond hearing  (page 654).

The overriding theme of the bill is that what it takes with the one hand it gives with the other. The bill pretends to be tough on domestic violence and criminal gangs by allowing them to be deported for these crimes. Yet to be deported for domestic violence the alien must have served at least one year in jail (page 635).

5. Expanding Visas

Proponents falsely claim the bill would end chain immigration by stopping the grant of visas to extended family members. But like the phony border security we hear about, this is also all about the talking points.

The bill moves very slowly away from family entitlement visas and protects everyone in the queue now or who applies 18 months into the future so the current backlogs will multiply. It will be many, many years after enactment before family entitlement visas are reduced at all.

Businesses have also been hoodwinked by the politicians. The employment visas the bill creates will mostly be unworkable for average businesses because of the mandates and exceptions that were put in to satisfy leftists and unions. The agricultural visas will benefit connected agribusiness special interests, not small farms.

The bill is larded with special-interest provisions, such as one for cruise ship repairmen and another to give out free phones at the border.  The bill also creates a special speedy path to citizenship for agricultural workers. Remember that one of the 1993 World Trade Center terrorists was a taxi driver who legalized his status through the agricultural program in the 1986 amnesty.

6. Expanding Asylum

The terrorists who committed the Boston bombings got permanent legal status in the United States from their parents being granted asylum after fleeing Dagestan, Russia. Even after gaining this permanent legal status, they simply moved back to Russia voluntarily to do heaven knows what.

The bill would make it easier for aliens to get asylum. It eliminates the one-year window to ask for asylum (page 551). Someone should know they are refugees on the first day they arrive in the United States. The bill even allows aliens denied refugee status in the past to reopen it and start all over (page 552). It also empowers the president to grant refugee status to entire classes of immigrants, not just individuals.

Now we learn the Boston terrorists were not only granted asylum, they were on the dole.

Also, the bill would give the attorney general broad power to appoint attorneys at government expense for any aliens or classes of aliens he decides are “particularly vulnerable” (page 568). Current law gives aliens the right to counsel but not at taxpayer expense. This is more graft for the left-wing immigration bar.

The bill makes it more complicated and costly to eject an alien who is denied asylum. The bill grants aliens the right to have all of their immigration court appeals reviewed by a 3-member panel on the administrative appeals board. Right now, only one is required.

What is good for the goose isn’t good for the gander. If the government must appeal a case, they only get to have a single judge review the appeal.

7. Creating Endless Waivers, Exceptions, and Exclusions

The 844-page bill has over 400 waivers, exceptions, and exclusions. It gives enormous power to the secretary of DHS to waive almost any requirements that the bill imposes.

Giving bureaucrats the power to waive laws is a characteristic of Eastern Bloc and third-world regimes. The favored enjoy the suspension of the law. The unfavored must comply.

Current immigration law follows the American model, which gives the DHS secretary extremely limited powers.

Senator Rubio constantly emphasizes that aliens must work to be eligible for legalization and to get on a path to citizenship. But the bill allows DHS to exclude anyone who could not work because of “hardship” or simply “due to circumstances outside the control of the alien”  (page 102).

Tough economy? I’ll bet that’s a circumstance “outside the control” of an alien to Big Sis.

Also, the bill guts most state laws that prohibit the employment of illegal aliens. The anti-Arizona crowd stuck that into the bill.

The bill says an alien can be deported for willfully refusing to comply with law enforcement and security background checks. But then it gives DHS the power to waive these checks, and allows DHS to do so not only for individual aliens but for broad classes of aliens (page 634).

Over and over and over the bill provides tough talking points – border security, background checks, and more. But hidden next to those talking points are off-switches that bureaucrats can flip to satisfy the leftist open-borders constituencies who wrote the bill.

The bill makes America less safe, not more. It does nothing to fix our immigration system. It makes it much worse.

Senator Rubio has said in recent days that if the bill needs changes to better protect America’s safety and security, he is open to that. If he is serious, he should scrap this bill and start over and this time work with Republicans on immigration reform.

More at the Tatler: Audio Essay: Immigration: Can We Get It Right This Time?

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images courtesy shutterstock / oliveromg / ostill /  byphoto

Comments are closed.

Top Rated Comments   
It's a Comprehensive Immigration Surrender.

Our legislators don't have the guts to enforce our law, not a one of them. They don't have the guts to pass new laws restricting immigration in any meaningful way. They just want a face-saving way to surrender without making the people too mad.

They'll just kick the "surrender" can a little farther down the road.

Meanwhile, the only would-be immigrants who will be hindered at all by our laws, will continue to be those who want to be admitted legally.
.
51 weeks ago
51 weeks ago Link To Comment
To quote Hilary Clinton, "What difference does it make?"

The point is that he is sponsoring a bill that effectively throws American sovereignty out the window.
51 weeks ago
51 weeks ago Link To Comment
Yeah lets do to the whole country what was done to California.

Not one single Republican in any state office here.
51 weeks ago
51 weeks ago Link To Comment
All Comments   (40)
All Comments   (40)
Sort: Newest Oldest Top Rated
Should the worst happen and immigration reform be made law , why aren't Republicans preparing to welcome all the new voters , give them help with Registering To Vote and any other important stuff , like letting them know that there is a party other than Democrats , and that there are important issues 1st , 2nd , and 4th Amendment protections to protect , and why they is so important .Remember - that these people are not coming from lands that guard the rights of their citizens .

Validate your 2nd Amendment Rights . Carry .
50 weeks ago
50 weeks ago Link To Comment
Why the immigration bill will pass. Why this is a clarion call for social conservative strong movement in our nation by Jews Christians and Muslims
the three Abraham faiths
Douthat
http://www.nytimes.com/2013/04/28/opinion/sunday/douthat-when-the-assimilation-of-immigrants-stalls.html?hp
51 weeks ago
51 weeks ago Link To Comment
don't write here, write to your congressmen. three emails a day, until this abomination is abandoned, is all it takes...
51 weeks ago
51 weeks ago Link To Comment
If this immigration bill passes, there will be a flood of immigrants entering the country. Unemployment will go to 25-30 percent, 60% in the black community. Race war between the black and everyone else. Welfare costs will explode, medicaid costs will explode, just as Obama's health insurance/care debacle hits high gear.

It will be great.
51 weeks ago
51 weeks ago Link To Comment
Make that three of us.
51 weeks ago
51 weeks ago Link To Comment
What a great story this can become all inspired by the picture I see here of 19 year old "pot" selling Dzhokhar Tsarnaev who destroys the entire Republican party so we can rebuild it some day , ,Marco Rubio playing the part of Jean Valjean , "stealing bread for the Jesus Mary and Joseph aliens . But Javert catches up to him.
Here on my Island with the 13 heavens I must thank the great angels of the great Islam temple with all the thrones exposed at low tide bringing this gift to the Christian to make this possible
What a great temple this is towering into the clouds with statues of stone not carved with man's hands peering over the sea some ready to fall into the great sea when the great mountains hit the temple . This a great wonder of the world here on my 13 heaven Island
This man I am sure would say the same thing
" have gazed on the walls of impregnable Babylon along which chariots may race, and on the Zeus by the banks of the Alpheus, I have seen the hanging gardens, and the Colossus of the Helios, the great man-made mountains of the lofty pyramids, and the gigantic tomb of Mausolus; but when I saw the sacred house of Artemis that towers to the clouds, the others were placed in the shade, for the sun himself has never looked upon its equal outside Olympus.

— AntiGreek Anthology IX.58
51 weeks ago
51 weeks ago Link To Comment
good imagery for this unfolding story

revelation 6
12 I watched as he opened the sixth seal. There was a great earthquake. The sun turned black like sackcloth made of goat hair, the whole moon turned blood red, 13 and the stars in the sky fell to earth, as figs drop from a fig tree when shaken by a strong wind. 14 The heavens receded like a scroll being rolled up, and every mountain and island was removed from its place.

15 Then the kings of the earth, the princes, the generals, the rich, the mighty, and everyone else, both slave and free, hid in caves and among the rocks of the mountains. 16 They called to the mountains and the rocks, “Fall on us and hide us[f] from the face of him who sits on the throne and from the wrath of the Lamb! 17 For the great day of their[g] wrath has come, and who can withstand it?”
51 weeks ago
51 weeks ago Link To Comment
footnote
there in my great city under lock down I ride my bicycle to the bomb as a messenger of the great King . Better he sends messenger then he come himself so the story unfolds before our eyes yet the blind call for greater blindness leading to the great pit so it seems
51 weeks ago
51 weeks ago Link To Comment
The Rubio Jihad: Death To America by demographic pressure cooker.

51 weeks ago
51 weeks ago Link To Comment
7 Reasons Not to Swallow Marco Rubio’s Immigration Snake Oil

Number One: It's the same ol' same ol'. The powers that be (the "elite" or the "governing class" -- whatever) benefit; while the rest of us who compete in the workplace and who live outside of exclusive gated communities, pay the tab.

I would ask Marco Rubio, have you ever had a public housing project built next you your hitherto happy property? Say, a duplex inhabited by ... new arrivals ... from south of the border ... who have LOTS of friends ... and who do not see any harm in peeing off the front porch, when the need takes them? Have you ever experienced that? Have you ever had to call in the cops time and again to have to cope with that sort of crap?

No, I suppose not. And that is the thing. The people in Washington, like (alas) Rubio, have no CLUE how their 1.000-page laws and policies affect We, the People.

At the risk of sounding like a Democrat, the U.S. Congress is lousy with fat, happy elites who do not give a damn about the people who sent them there.

They have ZERO connection to our anxieties and impositions. And why should they? They have none of them. They live in their world, we live in ours. We are frightened to death of what the future holds for us, and they live in Washington, D.C. -- the strongest growing economy in America.

They don't have to cope with newly arrived neighbors peeing off the stoop in what used to be a nice neighborhood.
51 weeks ago
51 weeks ago Link To Comment
Looks like by the comments, preaching to the choir. So all here, JOIN NUMBERSUSA and send FREE faxes to all your congressmen. WE need to band together, WE can defeat this. Go to numbersusa.com and sign up now.

We stopped this comprehensive reform under president Bush by joining together and faxing and calling, now we need to do it again as this AMNESTY is even worse!

In every fax I send, in the P.S. section, I always put this:

NO Amnesty, NO path to citizenship, NO government benefits, NO jobs, NO EFFING VOTE EVER. SEVENTY percent of AMERICANS are opposed to this bill! We don't want anything COMPREHENSIVE, or BIPARTISAN, NOT THAT THE GANG OF EIGHT, 4 DEMOCRATS AND 4 RINO's is even close to bipartisan.

JOIN NumbersUSA and help us fight this destruction of our country.
51 weeks ago
51 weeks ago Link To Comment
Why don't we just open our southern border to EVERYBODY from Terra Del Fuego on north, meet them at the border with an EBT card, a section 8 housing voucher, a free medical services card and an Obama phone and an instruction video on how to scam every government program the Democrats can dream up.
When they are all finally here, honest hard-working Americans can go south and build something decent out of the hell-holes they left behind down south. They tell me there is beautiful, productive land south of here that could be made into a paradise on earth for people who actually will work and dream and TRY! Let the democrats rule over the SCUM OF THE EARTH that are too lazy and no-account to be a part of any productive society.
51 weeks ago
51 weeks ago Link To Comment
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