Undeniably Amnesty (The Senate Amnesty Pig Is Still An Amnesty Pig Alert)

Frontpagemag.com ^ | 06/26/2007 | Matthew Spalding

[goldstategop]

Everyone—from President Bush to his critics to Ted Kennedy—is dead set against "amnesty," and yet the word overshadows all else in the immigration debate. Despite its proponents' claims to the contrary, amnesty is the cornerstone of the Senate's immigration bill. Indeed, this legislation, with its many provisions, 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.

What Is Amnesty?

Amnesty, from the same Greek root as "amnesia," forgives past crimes and removes them from the record for future purposes. In the context of immigration, amnesty is commonly defined as granting legal status to a group of individuals unlawfully present in a country.

Amnesty provides a simple, powerful, and undeniable benefit to the recipient: It overlooks the alien's illegal entry and ongoing illegal presence and creates a new legal status that allows the recipient to live and work in the country.

The textbook example of such an amnesty is the Immigration Reform and Control Act of 1986. The act's core provision gave amnesty to those who could establish that they had resided illegally in the United States continuously for five years by granting them temporary resident status, which in 18 months was adjustable to permanent residency, which led to citizenship five years later.

Look up "amnesty" in Black's Law Dictionary, and it says this: "The 1986 Immigration Reform and Control Act provided amnesty for undocumented aliens already in the country."

Note that the 1986 law's path to citizenship was not automatic. The legislation stipulated several requirements to receive amnesty, including payment of application fees, acquisition of English-language skills, understanding of American civics, a medical exam, and registration for military service. Individuals convicted of a felony or three misdemeanors were ineligible. Despite these requirements, all agree that the 1986 law amounted to an amnesty.

An Amnesty Checklist

The Secure Borders, Economic Opportunity and Immigration Reform Act of 2007 resembles the 1986 amnesty in several ways. Like that law, it would grant amnesty to individuals unlawfully present in the United States. That its effect would be "amnesty," which its proponents deny, is proven by its provisions:

* Only illegal aliens are eligible. Title VI, euphemistically entitled "Nonimmigrants in the United States Previously in Unlawful Status," 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))

* Eligibility leads to permanent residence. 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.

There should be no doubt that the current legislative proposal is an amnesty. 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.

In short, the bill's conditions and requirements do not turn amnesty into "earned" legalization or 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.

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 or she 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. Also acceptable under the legislation is a sworn affidavit from a non-relative (Section 601 (i)(2)). Further, 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)). Likewise, 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)).

A Better Path

Those who enter, remain, and work in the U.S. illegally are in ongoing and extensive violation of its immigration laws. Forgiving or condoning such violations by grant­ing amnesty increases the likelihood of further ille­gal conduct. The failure to enforce immigration laws is deeply unfair to the millions who obey the law and abide by the rules to enter the country legally. And disregarding the open and intentional vio­lation of the law—especially on such a massive scale—ultimately undermines the rule of law.

The sensible way to resolve the problem of a huge illegal population without granting amnesty is to insist that individuals who are unlawfully present in the U.S. return to their countries of origin and then apply, in line and on par with other applicants, for legal entry. This pathway would allow illegal aliens to apply for legal entry to the United States as lawful visitors, tem­porary workers, or legal residents without par­tiality or prejudice—or fees and penalties.

A practical program for repatriating those who are illegally present in the United States is the only viable option that offers a fair and reasonable alternative to the objectionable extremes of blanket amnesty and forced deportation. It is also the best way to avoid having to confront the problem of a huge, illegally present population yet again in the future.

Making repatriation attractive, along with serious enforcement of immigration laws and controlling the illegal inflow at the border, would significantly reduce the current population of unlawfully present persons. It is the only way to resolve this seemingly intractable situation in accord with the principles of governance and the rule of law.

[goldstategop]

JUST SAY NO TO AMNESTY! That's the cornerstone of the Senate bill. It would grant illegals amnesty today, tomorrow and forever. The Open Borders Crowd will allow the margins of the bill to be changed. But it will NOT affect the fact it amounts to a forgiveness for massive lawbreaking, it undermines our national sovereignty, it flouts American values and it makes a mockery of the rule of law. This amnesty pig will still be an amnesty pig and all the Senate amendments in the world won't stop it from being one. ITS TIME TO KILL THIS BILL NOW!

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

[Man50D]

Amnesty ping!

[2ndDivisionVet]

Just say NO to Illegal Alien Amnesty!! Keep calling!! It’s NOT OVER!!

U.S. Senate switchboard: (202) 224-3121

U.S. House switchboard: (202) 225-3121

White House comments: (202) 456-1111

Find your House Rep.: http://www.house.gov/writerep

Find your US Senators: http://www.senate.gov/general/contact_information/senators_cfm.cfm

[TheresaKett]

http://capwiz.com/gopusa/issues/alert/?alertid=9915281&PROCESS=Take+Action

to send an e-mail to your Senators

[Baladas]

Right, there’s no way to make this bill acceptable, there’s nothing in worth keeping. The cloture vote is looking very bad right now, Kennedy/McCain want it passed, out of the Senate by Friday, probably to celebrate it on July 4 (gag).

It’s all over if it does pass.

[goldstategop]

They want to put the fix in. If they can't rush it through before the July 4th recess, its unlikely they will try again. I don't underestimate there are powerful forces that want this bill no matter what. But they are up against an immovable object: the American people.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

[Kimberly GG]

“It’s all over if it does pass.”

No matter WHAT happens, we must continue to DEMAND effective borders security and tell our legislators that we will NOT accept any legislation that destroys our sovereignty and seurity.

[Baladas]

I think it’s more serious than that if it ends up passing - it erases American sovereignity and is proof positive of a government that cannot stand.

Even if it fails, it’s done enormous damage and the next election will be “anti-incumbent”.

The bill is S.1639:

http://thomas.loc.gov/

and it SUCKS.

[ding_dong_daddy_from_dumas]

>>But they are up against an immovable object: the American people.<<

So far, they have pretty much ignorwed the American people.

[ding_dong_daddy_from_dumas]

ignored.

[hershey]

Glenn Beck said last night that GW was putting some really bad aspects of this bill into other measures such as emergency war funding, so if this doesn’t pass expect to see bits and pieces of it turn up elsewhere. Fred Thompson and the other republican candidates should come out against any and all forms of this bill tacked onto other bills.

[Fresh Wind]

Would that be the same GW who whined when the rats inserted pork projects into the war funding bill?

I thought so.

[hershey]

I’m outraged, and I’m stuck in MA with Fat Teddy and Kerry.

[Kimberly GG]

Our last hope will be in the House. Hopefully they can prevent this from passing? Unless the OBLer’s have found a way to bypass the House...nothing would surprise me.

[CalvaryJohn]

I agree. This President has to go. As does most of Congress, and 4/9 of the Supreme Court. I am now officially in search of a third party who knows what the Constitution says.

[Fresh Wind]

At least those Democrats are honest enough to call themselves Democrats, unlike my Senator Spectre.

[indylindy]

Mike Pence was on a local talk show here in Indy and said that if this bill gets through the Senate, it will be all over. Republicans no longer have the votes in the House to stop it.

I am sure it won’t be to far down the road before they put the NAU on the table, and force it through, as they have done this amnesty bill.

[Baladas]

Someone else here - xbob I think - just pointed out that they renamed this bill something more pro-La Raza.

The House is the last hope, Reid’s using procedure tactics that are rather shady...but he is a democrat, so...

[justa-hairyape]

They are voting on amnesty this week, but I think future historians will look back at this bill and rename it the Revolution Bill. A country and its people can only take so much corruption from its political leaders. These are globally historic times. There has never been a people so well enriched and so well armed as the American people.

[Graymatter]

Even if it fails, it’s done enormous damage and the next election will be “anti-incumbent”

The next election, illegal aliens will be voting in greater numbers. Even if it fails.

[Baladas]

Yep, the Motor Voter bills and all. All you need to register to vote in California is a utility bill and sign an affadavit that you’re a US citizen. That’s it.

[PJ-Comix]

What happens if a Senator declines to vote on Cloture? Does it count as No? How does that affect how many votes are needed to defeat cloture? I notice that Senator Johnson is listed in the NO category because he is unable to vote.

[sergeantdave]

If this passes, it’s probably over. Any chance of re-establishing a constitutional republic will be nearly dead.

This is not the first time America imported millions of socialists. Between 1890 and 1920, America let in millions of eastern Europeans. This was a period when socialism was rising in Eastern Europe. These socialists came into America and gave us the income tax, the direct election of senators and other disasters.

It was the era of the “red flag” wavers who initiated violent union strikes, attacks on businesses and bombings.

The leftists call this the early “progressive” movement. In fact, it was a leftist revolution designed to overthrow the constitution and individual sovereignty.

These same immigrant leftists helped usher in the disastrous FDR years, from which we still suffer with today.

And I can say we still are affected by the descendents of these early socialists, as they sit on their fat asses collecting SS disability, agitating for global warming totalitarianism, and demanding ever more “services” from productive citizens.

At least this is true in my territory. Your experience may be different.

[snowsislander]

Only illegal aliens are eligible.

So all of the people who are in the midst of the legal immigration process take a back seat to those people who just illegally jumped the border?

That must be discouraging for the people who have spent so much time and money trying to do things the right way -- they could have just broken the law and would now receive a very attractive permanent visa that allows unlimited work access and unlimited ingress/egress.

This is pernicious. An illegal immigrant actually has to prove that he has broken our immigration laws in order to get this very attractive Z visa; if a legal immigrant cannot show that he somehow broke our laws, he is ineligible and must continue to spend more time and money on perhaps a much less attractive visa.

[Edit35]

This insane legislation, if passed, would give illegals 100-percent of what they want.

Which is to stay safe and secure in the United States, legally.

THAT is amnesty.

[ChessExpert]

“Only illegal aliens are eligible.”

What incentives does that create for the future? People around the globe will take note.

[Guenevere]

bttt

[oldbill]

Last Novemeber in Virginia Allen lost to Webb by 9000 votes, which margin was made by the many thousands of illegals who were registered by hispanic groups at festivals and supermercados.

They were told to just check the box on the registration form that says you are a citizen, because no one would check on it (nor did they).

It is a taste of things to come. After amnesty, the wind will be out of our sails, and the already open borders will become more open because the hispanic lobby and the cheap labor businesses will have all these new voters to pass the legislation they want. America will become very much like America in the 1830-1861 period, with a new form of slavery to keep the wealthy wealthy. The political parties (Democrat and RINOcrat) will be fighting over what form of slavery is more acceptable, like the Whigs and Democrats did back then.

You know how that was all resolved back then. Or maybe not, if you are a recent graduate of the American school systems.

[Guenevere]

bttt

[Obie Wan]

As John McCain said a month or so ago, “people keep using the word AMNESTY about this bill.Hey if that makes them happy let em use it.They can call it a banana if want to,” hence the true name of the immigration bill, the Kennedy\McCain\Bush banana bill !!!

[caphillbabe]

Here is a list of the 12 “fence-sitter” Senate contacts for EVERYONE to email regarding immigration. Many offices are putting calls straight to voicemail and they can just trash faxes (and letters take weeks to get through due to security). Hit Hill staff where they are so codependent - their Blackberries! Send email directly to staff - not just the generic Senate office mailbox. Contact their Chief of Staff, Legislative Director, and Press Secretary. Make your voice heard!!

For the Democrats, I would strongly suggest taking a pro-union/anti-illegal alien stance (i.e. “they are taking our jobs”) rather than using the conservative national security angle.

Senator Jeff Bingaman (D-NM)
Chief of Staff
stephen_ward@bingaman.senate.gov

Legislative Director
trudy_vincent@bingaman.senate.gov

Counsel
sunalei_stewart@bingaman.senate.gov

Press Secretary/Communications Director
jude_mccartin@bingaman.senate.gov

Senator Barbara Boxer (D-CA)
Chief of Staff
laura_schiller@boxer.senate.gov

Legislative Director
polly_trottenberg@boxer.senate.gov

Press Secretary/Communications Director
natalie_ravitz@boxer.senate.gov

Senator Kent Conrad (D-ND)
Chief of Staff
bob_van_heuvelen@conrad.senate.gov

Legislative Director
tom_mahr@conrad.senate.gov

Press Secretary/Communications Director
chris_thorne@conrad.senate.gov
sean_neary@conrad.senate.gov

Senator Carl Levin (D-MI)
Chief of Staff
david_lyles@levin.senate.gov

Legislative Director
rich_arenberg@levin.senate.gov

Press Secretary/Communications Director
tara_andringa@levin.senate.gov

Senator Ben Nelson (D-NE)
Chief of Staff
tim_becker@bennelson.senate.gov

Legislative Director
christiana_gallagher@bennelson.senate.gov

Press Secretary/Communications Director
david_dimartino@bennelson.senate.gov

Senator Jim Webb (D-VA)
Chief of Staff
paul_reagan@webb.senate.gov

Legislative Director
mike_sozan@webb.senate.gov

Press Secretary/Communications Director
jessica_smith@webb.senate.gov

Senator Kit Bond (R-MO)
Chief of Staff
brian_klippenstein@bond.senate.gov

Legislative Director
kara_smith@bond.senate.gov

Communications Director
shana_marchio@bond.senate.gov

Senator Richard Burr (R-NC)
Chief of Staff
alicia_peterson-clark@burr.senate.gov
alicia_peterson-petersonclark@burr.senate.gov

Legislative Director
natasha_hickman@burr.senate.gov

Press Secretary/Communications Director
laura_caudell@burr.senate.gov
mark_williams@burr.senate.gov

Senator Thad Cochran (R-MS)
Chief of Staff
jenny_manley@cochran.senate.gov

Legislative Director
ta_hawks@cochran.senate.gov

Press Secretary
margaret_wicker@cochran.senate.gov
Margaret_mcphillips@cochran.senate.gov

Senator John Ensign (R-NV)
Chief of Staff
john_lopez@ensign.senate.gov

Legislative Director
pam_thiessen@ensign.senate.gov

Press Secretary/Communications Director
tory_mazzola@ensign.senate.gov
jack_finn@ensign.senate.gov
don_tatro@ensign.senate.gov

Senator Judd Gregg (R-NH)
Chief of Staff
joel_maiola@gregg.senate.gov

Legislative Director
nancy_perkins@gregg.senate.gov

General Counsel
christopher_gahan@gregg.senate.gov

Press Secretary/Communications Director
erin_rath@gregg.senate.gov

Senator Orrin Hatch (R-UT)
Chief of Staff
patricia_knight@hatch.senate.gov

Legislative Director
jace_johnson@hatch.senate.gov

Deputy LD
chris_campbell@hatch.senate.gov

Counsel
bill_castle@hatch.senate.gov

Press Secretary/Communications Director
peter_carr@hatch.senate.gov

[Jabba the Nutt]

The latest Bush-McCain-Grahamnesty talking point is that the status quo is a “silent amnesty”. These people are shameless.

[Tunehead54]

This is the shamnesty bill? They actually named it the Unaccompanied Alien Child Protection Act of 2007?

---

Shameless bastids.

[Baladas]

I see Webb ended up voting for cloture, figures.And, yeah, it IS named that now, liars.

This Congress is actually trying to enable voter fraud. I’m beginning to think it’s not 1939, more like 1771.