Here's Your Brand New "Tough but Fair" Amnesty 2.0

We're going to provide amnesty for illegal aliens in exchange for preventing legal immigrants from overstaying their visas. And if they do, we'll eventually legalize them too.

Visas? We don't need no stinking visas.

It's "tough but fair", meaning that it's not tough or fair. There's the usual pablum about our immigration system being broken. It's only broken to the extent that it's a mechanism for importing large numbers of Democratic voters and expanding the welfare rolls.

1. Is it amnesty? Yup.

Create a tough but fair path to citizenship for unauthorized immigrants currently living in the United States that is contingent upon securing our borders and tracking whether legal immigrants have left the country when required.

So we're going to provide amnesty for illegal aliens in exchange for preventing legal immigrants from overstaying their visas. And if they do, we'll eventually legalize them too.

2. Will this secure the border?

It's going to give the border patrol more funding while training them to avoid racial profiling. Assuming this actually happens, the border will be x percent more secure. Will it be secure? Probably not.


We recognize that Americans living along the Southwest border are key to recognizing and understanding when the border is truly secure. Our legislation will create a commission comprised of governors, attorneys general, and community leaders living along the Southwest border to monitor the progress of securing our border and to make a recommendation regarding when the bill's security measures outlined in the legislation are completed.

So border security will be in the hands of a commission that is likely to be dominated by politicians looking for immigrant votes or from actual immigrant communities. And that commission will have little interest in doing more than filtering violent criminals from non-violent aliens.

3. Is it really amnesty? Yes.

While these security measures are being put into place, we will simultaneously require those who came or remained in the United States without our permission to register with the government. This will include passing a background check and settling their debt to society by paying a fine and back taxes, in order to earn probationary legal status, which will allow them to live and work legally in the United States.

We will demonstrate our commitment to securing our borders and combating visa overstays by requiring our proposed enforcement measures be complete before any immigrant on probationary status can earn a green card. Current restrictions preventing non-immigrants from accessing federal public benefits will
also apply to lawful probationary immigrants.

Those restrictions will however end once they receive their Green Card and become government dependents. It's unclear what mechanism there is for "requiring" that these enforcement measures be completed and what would prevent Obama from waiving or bypassing them.

Either way all this does is create a temporary waiting period for illegal aliens before they receive a Green Card and then citizenship. It's amnesty with a fine. That's supposed to be the "tough" part.

There's a lot of talk about going to the back of the line, but that still puts them ahead of actual prospective immigrants from other countries which biases our immigration system in favor of Mexico, making it by definition unfair.

4. Are there leniencies in this "Tough but Fair" amnesty? Do Coyotes howl in the desert?

individuals who entered the United States as minor children did not knowingly choose to violate any immigration laws. Consequently, under our proposal these individuals will not face the same requirements as other individuals in order to earn a path to citizenship.

Which means that they may make it there ahead of their illegal alien parents and then bring them in under family reunification.

Similarly, individuals who have been working without legal status in the United States agricultural industry have been performing very important and difficult work to maintain America's food supply while earning subsistence wages. Due to the utmost importance in our nation maintaining the safety of its food supply, agricultural workers who commit to the long term stability of our nation's agricultural industries will be treated differently than the rest of the undocumented population because of the role they play... blah blah... will also be treated differently.

5. How biased is this system in favor of Mexican immigrants? Very.

Our new immigration system must be more focused on recognizing the important characteristics which will help build the American economy and strengthen American families. Additionally, we must reduce backlogs in the family and employment visa categories so that future immigrants view our future legal immigration system as the exclusive means for entry into the United States.

So we should prioritize family reunification, which currently makes up a huge chunk of immigration, over other immigration to avoid illegal immigration.

The same logic runs through the whole proposal. The only way to fight illegal immigration is by legalizing it.

6. E-Verify

Our proposal will create an effective employment verification system which prevents identity theft and ends the hiring of future unauthorized workers. We believe requiring prospective workers to demonstrate both legal status and identity, through non-forgeable electronic means prior to obtaining employment, is essential to an employee verification system

Okay and why haven't we done this yet? Because it's opposed by the very people who will end up in charge of implementing this system. So it should work great then.

As Mickey Kaus points out, the ALCU sabotaged information last time amnesty came around. And now the ACLU is in the White House.

Why won’t this new reform be a repeat of the 1986 reform, when the amnesty provisions were implemented but the enforcement half was blocked by ACLU-style lawsuits and bureaucratic weakness? The result was a broken border and the approximately 11 million new unauthorized immigrants we’re talking about giving amnesty to today.

It won't just be a repeat of it. It will be worse. And it will mean the end of the United States.

7. Isn't a bunch of low-skilled and low-paid workers just the thing that a country with high unemployment needs?

The overwhelming majority of the 327,000 illegal entrants apprehended by CBP in FY2011 were seeking employment in the United States. We recognize that to prevent future waves of illegal immigration a humane and effective system needs to be created for these immigrant workers to enter the country and find employment without seeking the aid of human traffickers or drug cartels.

Our proposal will provide businesses with the ability to hire lower-skilled workers in a timely manner when Americans are unavailable or unwilling to fill those jobs.

Sure. And who decides that? Obama? His stooges? A commission of community leaders? And oh yes... there's a path to citizenship there too.