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Another “No Amnesty” Amnesty
National Review ^ | June 13, 2006, 6:32 a.m. | Mark Krikorian

Posted on 06/13/2006 12:43:39 PM PDT by Maynerd

It’s funny how every new “middle ground” on immigration is in the same place as the old ones.

The latest “middle ground” proposal comes from Rep. Mike Pence (R., Ind.). Pence, who has solid conservative credentials as head of the House Republican Study Committee, offered what he billed as “The Real Rational Middle Ground on Immigration Reform” at a Heritage Foundation speech last month. Since there’s no actual bill to look at, we have to judge from Rep. Pence’s speech and other materials what the program would be like.

It starts out well enough. In seeking an alternative to amnesty, on the one hand, and mass deportations, on the other, he laid out a four-step plan. The first step is securing the border, and he included the entire enforcement bill passed by the House in December (with two minor modifications) in his measure.

Step two is to reject amnesty. That also sounds good, until you remember that Senators Kennedy and McCain also deny their amnesty plan is an amnesty. As do Senators Hagel and Martinez. And President Bush. They all deny that they support amnesty because, as the president says, the only thing that constitutes amnesty is “automatic citizenship,” whatever that is.

Pence has a broader definition of amnesty:

Amnesty is allowing people whose first act in America was an illegal act to get right with the law without leaving the country. Allowing twelve million illegal aliens to stay in our country instead of leaving and coming back legally is amnesty, no matter if fines or back taxes are paid, or how it is otherwise dressed-up or spun by its proponents. The only way to deal with these twelve million people is to insist that they leave the country and come back legally if they have a job awaiting them.

This is exactly the same as the “touchback” gimmick in the Senate amnesty bill, which would require illegal aliens who have been here between two and five years to cross the border to be enrolled in the permanent “temporary” worker program and then immediately return to their homes and jobs.

That brings us to the third step: the guestworker amnesty. Yes, amnesty. Or, if you prefer, legalization. Or normalization. Or regularization. Or earned adjustment. Or whatever is the euphemism du jour. The fact remains that the guestworker program in the Pence plan is explicitly designed to allow all illegal aliens to keep their jobs and domiciles in the United States without interruption.

The congressman is quite explicit on this point. In explaining the need for speedy processing of the guestworkers, he says:

No employer in America wants to lose employees for an extended amount of time. No worker who is earning money to feed and clothe a family can afford to be off the job for long. … And, an illegal alien currently employed in America will be willing to take a quick trip across the border to come back outside of the shadows and in a job where he does not fear a raid by Immigration and Customs Enforcement. In fact, I envision employers working with placement agencies to make sure that their long-time illegal employees get their paperwork processed, background checks performed, and visas issued so that they will be back on the job quickly.

In the 1950s, this process was called — in official U.S. government publications — “drying out the wetbacks.” Whether it’s called an amnesty instead, or is given some other label, the point is to let all illegal aliens stay legally.

But maybe the amnesty is time-limited? And in fact, part of Pence’s “no amnesty” claim is that the guestworker visa would be limited to a total of six years. This would be an encouraging requirement, except that, in the congressman’s words, “At that point, the guest should decide whether to return home or enter the separate process of seeking citizenship.” If legal immigration quotas are to remain in force, then these formerly illegal, now “temporary,” workers will have to leave, en masse, six years from now, which is precisely the mass deportation the congressman said (correctly) is unworkable. On the other hand, if these workers will be able to receive permanent residency outside the current limits, as they would be under the Senate amnesty bill, then this plan is the very “path to citizenship” that Rep. Pence made a big show of condemning. It’s unclear which of these is true, but it’s undeniable that the plan is either dishonest or amateurish.

Step four really takes the cake: a promise — really, truly, cross-my-heart-and-hope-to-die — to enforce the ban on hiring illegals in the future. Pence himself says that since every illegal alien will be legalized, employers wouldn’t need to hire illegals, but that enforcement will be phased in nonetheless. This is exactly the bait-and-switch Congress perpetrated in 1986 — legalization first, enforcement later (i.e., never). It is for this reason that the House, animated by a “fool me twice, shame on me” skepticism, has insisted on “Enforcement First.”

There are plenty of other reasons to dismiss the Pence plan as unserious: by not calling for an end to automatic citizenship at birth, it makes the “temporary” claim meaningless; his gimmick of having the private sector screen the workers misses the point that they will still need to use (and receive security clearances for access to) the very same databases that the FBI and Department of Homeland Security use now; and to get “temporary” workers, employers will merely have to attest that they tried to hire Americans, rather than using objective measures to determine need, like rising wages or low unemployment in the specific occupation in question.

In fact, I didn’t write about this plan when it was announced because I didn’t think it possible that anyone could take it seriously. I was wrong. Though the Pence amnesty plan hasn’t been widely covered, it has received support, or at a least respectful hearing, from insiders who will affect the final outcome of any bill. It’s no surprise, for instance, that amnesty supporters like Dick Armey, John Fund, and Michael Barone have had nice things to say about it (not to mention several newspaper editorial pages), but even supporters of Enforcement First, like Rep. Jim Sensenbrenner and Newt Gingrich, have been more receptive of the plan than a close reading of it would warrant. It’s also ironic that Pence’s speech was delivered at the Heritage Foundation, given that his plan appears to violate Heritage’s “permanent principles” on immigration; it will be interesting to see what Heritage has to say about the plan.

In the end, the Pence Amnesty wouldn’t go down with the public any better than the string of other amnesty plans that have been proposed over the past couple of years. As Peggy Noonan wrote last week about the public’s suspicions regarding immigration plans: “they think — they assume, at this point, reflexively — that slithery, slippery professional politicians are using and inventing complications to obfuscate and confuse. ... Americans don't trust ‘comprehensive plans,’ because they don't trust the comprehensive planners.”

There’s only one way Congress and the president can earn back the public’s trust on immigration: Enforce the law — comprehensively, confidently, unapologetically. Then, after several years have passed and enforcement mechanisms are in place and working, and the illegal population has shrunk through attrition, Washington will have proven that, this time, it’s not lying about immigration.

Until then, no deal.

— Mark Krikorian is executive director of the Center for Immigration Studies and an NRO contributor.


TOPICS: News/Current Events
KEYWORDS: aliens; illegalimmigration; immigrantlist
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To: BransonRevival

The illegal employers, at least in construction, will make sure your #6 & #7 will never happen. Cash wages save them over 100%.


21 posted on 06/13/2006 2:04:29 PM PDT by dalereed
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To: Maynerd

Well, so much for conservative credentials.................................................................................................................................................................................................................................


22 posted on 06/13/2006 4:30:30 PM PDT by stephenjohnbanker (If you got Sowell, you got Soul !)
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To: Maynerd
No deal. At this point any law they pass will make things worse. Just talking about Amnesty caused more illegals to run here.
This would be the most costly thing ever undertaken in the history of the US.
It would be far better to Annex Mexico and use the money to rebuild their infrastructure and add the natural resources to the mix
23 posted on 06/13/2006 4:34:43 PM PDT by roverman2K6
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To: BransonRevival
I found the proposal to be interesting.
Personally, I don't like allowing those who have proven they have no respect for the law to stay, however I will concede that we will not win that issue at all. This proposal requires everyone who wishes to be legally in the country to go home before getting the necessary documents to enter legally. This would serve to get, I just guessing here, half the criminals to register.
I doubt very seriously if the private sector will comply very easily because the advantage to hiring illegals is that you don't have to abide by the labor laws. This part will not change without debilitating consequences. Fines are minor because of the substantial savings of hiring illegals.
Another issue is having current employers "smooth the way" by getting all the paperwork done ahead of time. They are supposed to try and hire US workers first. Not going to happen; again for the same reason. There is no shortage of US workers. What there is a shortage of is workers who are willing to work for $4.00 and hour with no benefits, and no social security paid, in a job that normally pays $10.00 an hour.
Having said this, I will agree that it is probably the best we can hope for. At least we will get 50-55% registered.
I disagree intensely with removing the part that makes it a felony to enter illegally. I also believe that, in addition to debilitating fines for hiring illegals, those responsible should also be criminally charged with aiding and abetting a felon.
24 posted on 06/13/2006 4:48:48 PM PDT by GrandEagle
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To: Maynerd
Here we go again.

FReepers really need to read Pence's plan and stop with the disingenious comments about it. And learn how to play poker.

- Pence's plan is nearly identical to Tom Tancredo's own plan

- Pence's plan passes HR 4437 in its entirety and certifies the borders are secured BEFORE any guest-worker provision begins

- Senate isn't going to pass an enforcement-only bill, and the House will never accept the Senate's AMNESTY plan. Hence, the reason for conference calls and negotiations (which some FReepers don't understand in their black-and-white cocoons)

- Pence's plan calls the Senate/Bush administration's bluff and forces them, on record, to either back the guest-worker provision or reject the bill outright, in which case they'll look like fools and get PWN3D at the polls

- Pence's plan is NOT an amnesty, nope, nada, zilch path to citizenship for illegals. Guest-worker provision is strictly enforced with no guarantees of completing the full six-year term as outlined by Pence.

- Illegals have to go home and apply for guest-worker cards. Dept of Labor regulates the number of guest-workers per year. There won't be 12-20 million people applying for guest-worker permits.

FREEPERS NEED TO TAKE THE 90%, WHICH SEALS AND MANAGES THE BORDERS NOW AND STFU OR KEEP WHINING ABOUT NOT GETTING THEIR PRECIOUS 100% BORDER ENFORCEMENT-ONLY.

25 posted on 06/13/2006 4:58:02 PM PDT by Extremely Extreme Extremist (Conservatism is moderate, it is the center, it is the middle of the road)
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To: Maynerd

If Mark Krikorian say the Mike Pence bill is bllsht then it's bllsht. Mark is a very honest longtime critic of the immigration invasion


26 posted on 06/13/2006 5:00:18 PM PDT by dennisw (We should return to calling them Muhammadans -- Worshippers of Muhammad and maybe Allah)
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To: Ol' Dan Tucker
What will be the course of action when the illegals don't leave?

Borders are secured under Pence's plan. Interior enforcement is stepped up. Jobs will dry up. Illegals will go home to get a chance at obtaining a guest-worker permit.

Granted, they won't get a GW card. But, what will the feds do to those who don't sign onto the program?

Once they're apprehended they get deported without any chance of ever coming back into the country.

We can't round them up because they haven't registered.

Who says anything about "rounding up" illegals? Illegals will self-deport under the Pence plan. The hard-working illegals who just want to work will self-deport to get a crack at a guest-worker permit. The gang-banger MS-13 illegals will be rounded up and deported due to stricter interior enforcement.

Under Pence's proposal, how will we deal with these lawbreakers when they don't play the game according to Pence's rules? (Or, Bush's. Or, McCain's)

They get deported and barred from future contact with the U.S.

27 posted on 06/13/2006 5:12:43 PM PDT by Extremely Extreme Extremist (Conservatism is moderate, it is the center, it is the middle of the road)
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To: Riverine
I too see this as another form of "shamnesty" but I'm curious if Pence has said anything specifically about the fraudulent use of documents that these people have been using over the years. Wink and a nod?

Private companies will have better security measures for guest-workers than the federal bureaucracy.

28 posted on 06/13/2006 5:13:42 PM PDT by Extremely Extreme Extremist (Conservatism is moderate, it is the center, it is the middle of the road)
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To: roverman2K6
No deal. At this point any law they pass will make things worse.

Pence's plan modernizes immigration laws and forces the administration to enforce them.

Just talking about Amnesty caused more illegals to run here.

There is no amnesty under the Pence plan, for the millionth time. The borders must be certified secured (HR 4437) before any guest-worker provision begins.

This would be the most costly thing ever undertaken in the history of the US.

It is the most cost-effective, common-sense immigration proposal put forth. Pence's plan seals the borders and simultaneously deals with the what-to-do-with-the-illegals already here problem. A master stroke.

It would be far better to Annex Mexico and use the money to rebuild their infrastructure and add the natural resources to the mix

Why don't we just annex Central and South America too while we're at it.

Dude, have you been drinking?

29 posted on 06/13/2006 5:22:38 PM PDT by Extremely Extreme Extremist (Conservatism is moderate, it is the center, it is the middle of the road)
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To: Extremely Extreme Extremist
Pence's plan is NOT an amnesty
I would disagree with this assessment. It allows the criminals to check first and see if they can legally get amnesty. Then if they can, they make a short trip across the border to pick up their paperwork and bingo they are right back in. It is amnesty with a twist.
HOWEVER, I do agree with you in that it is probably the very best we will get, and for the 50-60% that do actually become legal, it will help keep up with them. It also seems to give us most of what we want to close the border (however the skeptic in me doesn't really believe that the globalist will actually close it). I do wish that it would continue to make invading our nation a felony. However, given the current political climate, and the lack of hope of getting anything better, I'll - with reservations, jump on board.

Cordially,
GE
30 posted on 06/13/2006 7:54:56 PM PDT by GrandEagle
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To: Extremely Extreme Extremist
Borders are secured under Pence's plan. Interior enforcement is stepped up. Jobs will dry up. Illegals will go home to get a chance at obtaining a guest-worker permit.

Hel-lo... Enforcement is what the executive branch says it is, not the legislative branch.

We've already got tough laws. They just aren't being enforced.

Perhaps you could explain the shortcomings in the existing immigration laws that needs reforming?

31 posted on 06/13/2006 7:58:56 PM PDT by Ol' Dan Tucker (Karen Ryan reporting...)
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To: Maynerd

All they have to do is start punishing the employers, and the rest will happen automatically.


32 posted on 06/13/2006 8:01:28 PM PDT by editor-surveyor (Atheist and Fool are synonyms; Evolution is where fools hide from the sunrise)
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To: Maynerd

The Government can't even stop the millions of overstayed visas in this country, how can any new progam have any chance.

We already have laws, and they should be enforced first.


33 posted on 06/13/2006 8:24:41 PM PDT by TheLion
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