Bob Dane

The Senate Border Security, Economic Opportunity and Immigration Modernization Act, S.744, or as I like to say – RubioCare – is an illusionary promise of future enforcement in exchange for amnesty that instantly rewards 12 million illegal aliens. The bill also includes a massive increase of guest workers who will compete for scarce jobs with millions of unemployed Americans. That’s outrageous enough, but we’ve run across several provisions that would shame even the sleaziest used car salesman. Caveat Emptor!

Border Security First, Amnesty Later. Oops, that’s Backwards
S.744 grants amnesty (called “registered provisional status”) to illegal aliens who came to the U.S. before 2012. The Gang of Eight claims the bill secures the border before that happens. But in truth, the Secretary of Homeland Security merely has to issue a plan to secure the border and possibly add more fencing, not actually do anything like, oh… maybe finish the fence. The Secretary has six months to submit the plan after the bill is enacted and at that point illegal aliens can instantly apply for amnesty.

Later, illegal aliens can adjust their status for a green card after the southern border strategy is in place, but not necessarily working or effective. Adding fencing is discretionary and the tracking system called for in the bill is only a shadow of what is already required by law.

The bill requires a 90% apprehension rate in “high risk” sectors. Based on FY2012 numbers, that’s only three of the nine Border Patrol sectors that run along the U.S.-Mexico border. The rest of the U.S.-Mexico border is left status quo. Illegal aliens, drug and human smugglers and terrorists will be smart enough to simply move their activities to non-enforcement areas whereas the Gang of Eight is evidently not smart enough to figure this out.

ICE Can Take a Long Vacation
The bill effectively halts deportations during the amnesty process by requiring all illegal aliens apprehended before or during the application process to be provided an opportunity to apply for RPI status. This means they cannot be removed until their application is adjudicated. The bill sets out a general 1-year application process deadline to begin six months after enactment, but the DHS Secretary has the authority to extend it for another year (effectively dragging the process out to 2.5 years, an even longer vacation for ICE.)


Bob Dane

Bob Dane is the Director of Communications for the Federation for American Immigration Reform.