Immigration Bill Does Nothing for Security


TimesSq Dzhorkhar
photo of Dzhorkhar and two accomplices in Times Square. Azamat Tazhayakov appears on the left. He was here illegally. 

The gang of eight, President Obama, many in Congress, and most of the media are demanding that we pass the new draft immigration bill in light of the Boston terrorist attack. That compelled me to look at the bill for the tighter security they say is there.

The new draft immigration bill deals with visas but there is nothing in the new draft bill yet that will make us immediately secure. It’s the promise of future security. You can read the entire bill for yourself HERE. 

The bill literally has to be passed before we will know what is in it because much of it isn’t written.

The Boston terrorists had one accomplice after-the-fact who was here illegally since January 3rd. He had a student visa but was either suspended or flunked out of school. The school will not release the records. There is a 30-day grace period but that was exceeded. This bill won’t deal with that lapse at the moment.

Our government has to tighten up the process already in place and they are allegedly doing so. Calls to pass this immigration bill to fix that laxity in enforcement have nothing to do with reality.

Highlights of the new draft immigration bill as it concerns visas:

SEC 4401 deals with student visas. Details begin on about p.728.

Student requirements are spelled out and they replicate current law:

  • They have to be enrolled in a school which may or may not be accredited – the Secretary makes the decision about accreditation.
  • They have to be residents of a foreign country they have no intention of abandoning.
  • They can bring spouses and children.
  • Mexican and Canadian citizens can be enrolled part-time.
  • There are certain egregious offenses that can prevent a student from obtaining a visa (drug and sex traffickers).
  • They cannot have served more than a year in jail.
  • The schools keep the records.

The process for how all this will take place is not written yet.

There are some security measures across-the-board which are promised down-the-road that we do not have at the present time. There is an employer verification system and an electronic verification system at air and sea ports. There are biometric checks.

One of the issues which opponents say is a loophole involves the authority of the Secretary of Homeland Security to overrule the law.

One such exemption is the Secretary’s authority to waive legal requirements if they need workers for construction jobs. The Secretary, under this draft bill, has great latitude to use his/her authority to waive the law.

The Secretary has control of the granting of citizenship and can waive many of the requirements.

Under SEC. 245B, the Secretary can:

  • Grant provisional registered legal status to an alien and his/her family – parents, children, spouse et al  (chain migration) – after s/he meets the requirements (unless there are exceptions),
  • The applicants must be physically present and have been since December 2011 (though there are exceptions to this),
  • They pay the fees, fill out an application, and pay taxes. There are exceptions.
  • It is up to the Secretary to determine that they have not committed a felony or three misdemeanors (minus traffic offenses) on different dates, and the Secretary determines that they are not terrorists. This coincides with the way this administration is enforcing the law but does not coincide with our law as written.

The Secretary may waive any inadmissability requirements on behalf of an alien for humanitarian purposes, to ensure family unity, or if such a waiver is otherwise in the public interest. That’s tremendous power taken out of the peoples’ hands and placed in the hands of the Secretary – Janet Napolitano.

The USDA Secretary also has authority over the law in the case of agriculture workers and non-agriculture workers who will temporarily work in the agriculture field (SECs 2231 and 2232). They are not geographically limited though they might be limited to one company’s employment.

Other types of visas include:

There are merit-based immigrant visas for productive members of society.

The government will recapture unused visas. They won’t disappear, they will be added to the next year’s visas, assuring an ever-increasing outward number.

The diversity immigrant visa program will be abolished.

There are refugee and student visas as there are now. There will be market-based visas.

The government will limit the number of visas (more illegals will come into the US if they don’t get visas).

There are clauses that guarantee confidentiality but how that is possible is hard to say. The applications will go through literally hundreds, perhaps thousands of hands.

This bill is filled with upcoming rules. The Secretary of Agriculture for instance, has to make rules on anything under her jurisdiction and even gets to decide housing and pay and application procedures for Special Procedure Industries. [Won’t be any room for corruption here] It is going to be a pay day for unions who will collect dues from newly organized migrant workers.

The bill talks about enhancing background and security checks for all types of visas but rules have to be written and this bill will be passed before we know what is in it.

Marco Rubio said that it makes the path to citizenship very difficult. To be more specific, he should add that it grows the government to limitless proportions once the rules are written. It also makes the pathway to citizenship more bureaucratic and costly. If the gang of eight wanted to make the bill difficult in a sensible way, they’d require the applicants to learn English instead of providing all instructions in their own language.

The immigration bill relies on Big Government with more expansive programs governing immigration with corresponding costly fees to be collected. The efficiency of Big Government is known to be poor – it’s a bad omen.

If the government really wants to secure the borders, why don’t they do so now? We are passing a law based on promises. President Obama said earlier this week that the border is more secure than it has ever been. That is not true but it’s about soundbites and impressions, not reality.