Senate kills illegal immigration bill

In previous issues and on the blog, A Line of Sight, has focused extensively on the problem of illegal immigration and what ought to be done about it. We have also written about what should not be done, and we're glad the latest attempt by the U.S. Senate failed by a substantial margin. The effort lead by Ted Kennedy and supported by the White House was not only amnesty; it seriously jeopardized the security of the United States.

That does not mean we favor a "do nothing" policy - far from it. In the June issue under the headline "Immigration Conundrum" we spoke to the weaknesses of the proposed Senate legislation, and also pointed out the need for a far simpler two step solution.

Secure the border

Adopt a 21st Century Immigrant Identification System

In this issue, Congressman Steve King (R-IA) has graced us with a guest editorial offering his assessment of the political mood on Capitol Hill and any likely course of action that he sees. As one of the most active and engaged members of the Congressional Immigration Reform Caucus, King has studied this issue extensively and has established himself as a national spokesman on the issue.

Like Congressman King, A Line of Sight was concerned with the immediate blanket amnesty provisions of the Senate's proposal. It obligates the federal government to pass out Z-Visas (probationary legal status) to all applicants within six months of the President's signature on the bill. Furthermore, Homeland Security would be obligated to process every application within a 24 hour period. No triggers for certification that border security had been achieved. No background check - Kennedy made sure the Senate defeated that idea, because he said it was an invasion of privacy. Just pass out legal status visas like taking a number at Baskin-Robbins. All the illegal had to do was give two "proofs of identity" that they are who they claim to be and that they were in the U.S. before Jan. 1, 2007. How tough is it to dummy up a utility bill, a pay stub, bank receipt, etc? The proposed legislation even allowed the illegal to bring a buddy willing to say "yup, that's him."

Do you suppose the guys that flew the planes into the buildings on 9/11 could have figured out how to get one of these Z Visas? Yet, supporters vehemently denied it was amnesty, or that it compromised national security.

Colorado's senior Senator Wayne Allard voted with the majority to stop this train wreck, and offered this explanation: "Porous borders and lax enforcement present major security risks to our country. Instead of enacting so-called 'comprehensive immigration reform,' we need to find common-sense solutions to the labor concerns we face in the agriculture industry and start doing what we all know needs to be done – secure the border and enforce our existing laws." Allard went on to blast the legislation was "amnesty in its simplest form."

However, Allard's opinion of the proposed legislation could not have been more different from our other Senator, Ken Salazar, who was one of the chief proponents and sponsors of the proposed legislation. Salazar not only thought the legislation was a great idea, after its defeat he told The Rocky Mountain News "…those that killed the legislation, for whatever motivation they had, I think have compromised the national security of the United States."

Salazar is reportedly doing his best to resurrect the failed legislation, which makes us nervous, but most observers expect "comprehensive reform" as they choose to call it is dead.

As Sen. Salazar mulls things over, we commend for his enlightenment and consideration the "The Senate Immigration Bill: A National Security Nightmare" by Kris W. Kobach of the Heritage Foundation. Kobach is a law professor at the University of Missouri-Kansas City, and previously served as chief advisor on immigration law and counsel to Attorney General John Ashcroft from 2001-2003. If the title to Kobach's report doesn't sufficiently alarm you, his detailed analysis most certainly will.

Recall that overlapping much of the negotiations and debate of this Senate proposal was the intervention and apprehension of the so-called Fort Dix Six - a group of Islamists that had designs on wreaking havoc on military installations in the U.S. Three of these radicals were here illegally from Yugoslavia.

Fresh in everyone's mind, I hope, is the plot to blow up JFK International Airport in New York, which included two Guyanan nationals - one from Trinidad and a former Guyanan now a U.S. citizen. We know what happened in London and Glasgow, too. And yet Salazar, Kennedy, et.al. claim that this legislation would make us safer and make it easier to track terrorists by granting them a Z Visa and legal status.

Such notions demonstrate a huge disconnect from reality!

One would think Salazar as a former Colorado Attorney General would have a better grasp of the criminal mind. Kobach certainly does, and describes three available options this legislation presents to make the terrorist's life a whole lot easier:

Continue to Operate as an Illegal Alien - This would be a particularly attractive option to a terrorist/illegal who has hunkered down in a "sanctuary city" - like the ones we have in Colorado. Some of the largest cities in the U.S. fit this category such as New York, Los Angeles, and Detroit where blending in as a foreigner is pretty easy, especially when nobody seems to care. And, blending in and being accepted in the vast majority of smaller rural communities isn't too tough either, especially if you appear to keep your nose clean.

According to Kobach, the Fort Dix Six "were pulled over a total of 19 times by local police for traffic violations. But, because of sanctuary policies, they were never reported to Immigration and Customs Enforcement."

Kobach explains that even if a terrorist operates in a non-sanctuary city, this legislation makes him better off because his risk of being deported is reduced even beyond the slim-to-none chance that exists already. That's because the legislation "transforms Immigration and Customs Enforcement (ICE) from a law enforcement agency into an amnesty distribution center."

Mr. Kobach further explains, "Under Sections 601 (h)(1) and (5) of the bill, if an ICE agent apprehends any alien who appears eligible for the Z visa (in other words, just about any illegal alien), the agent cannot detain him. Instead, ICE must provide the alien a reasonable opportunity to apply for the Z visa. (Emphasis added) This stands in stark contrast to the status quo, in which ICE can place the alien in detention and immediately initiate removal proceedings.

Obtain the Amnesty Using One's Real Name - This is a very attractive option to a terrorist who's pretty new to the business, might be new in town, has been playing it pretty smart and doesn't have a record. It actually isn't too big of a risk for those that do. Here's why.

As Kobach explains, "Section 601 (h)(1) of the bill allows the government only one business day to conduct a so-called background check on each applicant. If the U.S. Citizenship and Immigration Services (USCIS) adjudicator does not find any terrorist connection in time, the alien walks out of the building with a probationary Z visa on the next business day, able to work and roam the country at will."

USCIS is already overwhelmed, and anyone who thinks all an agent has to do on any given day is process one lonely applicant is dreaming. To an already chaotic situation this legislation would open the doors to an estimated 12-20 million new customers for USCIS on the first day of operation, and the legislation demands an answer within 24 hours. In practice, applicants will get at most minutes of scrutiny and the law requires a next-day answer. Z Visa distribution would look like people leaving the exits after a Bronco game.

There are many examples of terrorists who have attained "legal" documents and maintained a would-be normal life while plotting their attack among us. Kobach cites "A 2005 study by Janice Kephart, Counsel to the 9/11 Commission, found that 59 out of 94 foreign-born terrorists (about 2/3) successfully committed immigration fraud to acquire or adjust legal status." He goes on to explain that, "With his newly acquired legal status, a terrorist can operate with a great deal more freedom, secure in the knowledge that a traffic violation will not lead to deportation. He can also exit and re-enter the country, allowing him greater access to international terrorist networks. The Senate immigration bill literally opens up a world of possibilities for illegal alien terrorists."

Invent a Clean Identity With the Help of the U.S. Government - This option is perhaps the most frightening of all. The provisions of the legislation would allow - nearly invite - a terrorist to make up a new identity, one that they could scrub to make sure it's clean. There is no requirement to produce a foreign passport or any other secure documentation.

As explained above the legislation requires only two easily forged pieces of paper saying they were in the country before Jan. 1, 2007, that's it. "With this newly minted identity backed up by an ID card issued by the federal government," Kobach maintains, "the alien terrorist will be armed with the perfect "breeder document," allowing him to obtain driver's licenses and just about any other form of identification that he desires. This is essentially what the 19 9/11 hijackers did: They used their passports and visas as breeder documents to obtain 63 driver's licenses. The documents allowed them to travel openly and board airplanes easily."

As posted on A Line of Sight's blog on June 28, an industry has already developed to provide counterfeit documents in response to the Senate's proposal. ICE arrested Julio Leija-Sanchez, the head of a large operation that was specifically focused on the expectation that the Senate would pass the amnesty bill. "It's clear that the most capable fraud document cartel in Mexico has been gearing up for comprehensive immigration reform at the same time we have been here on Capitol Hill - only they're ahead of the game. They're already making money and will continue to do so if this bill passes," observed Michael Maxwell, senior policy analyst for homeland security for Rep. John Culberson, Texas Republican.

If they can dummy up documents in Mexico, do you suppose al-Qaeda might figure out how to do it, too?

Even with this kind of credible, objective, alarming concern, Salazar was right out in front of this quickly thrown together legislation that had been cut and pasted by staff into several hundred pages that never had so much as a committee hearing. Ignoring reality and objective analysis to the contrary, Salazar maintains it was actually those that defeated this ill-conceived mess who compromised our national security - not the bill itself.

We choose to agree with the editors of the Washington Times who concluded the "immigration bill in its current form should be renamed 'The Terrorist Facilitation Act of 2007.'" And, we are pleased to see it defeated.