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Redstate
Gang Plan: Perennial De Facto Amnesty
By Daniel Horowitz
April 17th, 2013 

One of the most common bromides regurgitated by Republicans in defense of ‘amnesty first, enforcement later’ proposals is that we already have de facto amnesty with Obama not enforcing the laws.  This was always a dubious argument even before the release of the gang bill.  We should not use Obama’s malevolence as a baseline from which to craft public policy.  Instead of rewarding Obama for his insidious abuse of power by granting him the desired outcome, we should hammer him incessantly and fight for riders in appropriation bills to enforce the laws. 

Moreover, although illegal immigrants are currently enjoying a liberal enforcement regime, they do not have a pathway to welfare and voting – something they will get with amnesty de jure.  Legalization and citizenship are a lot more than amnesty. 

However, with the release of the BS…EOIMA (Border Security, Economic Opportunity and Immigration Modernization Act – S.744), there is now a more salient meaning to de facto amnesty.  The 844-page “comprehensive” bill, reminiscent of other notorious comprehensive legislation, was dropped at 2:25 AM, just two days before a scheduled hearing.  I just got through the first 100 pages of the bill, and in addition to the numerous issues that are emerging from the first reading, there is one overarching theme.  This bill will keep our system in a perpetual state of de facto amnesty for years to come, engender the need for future amnesties, and never ensure true enforcement. 

As noted before, this bill fails to mandate any specific trigger for legalization.  After Janet Napolitano  merely submits a strategy for “achieving and maintaining effective control between the ports of entry in all high risk border sectors along the Southern border” within 6 months, everyone is eligible to apply for “Registered Provisional Immigrant” (RPI) legal status.  That’s it.  From there, the legal status will never practically be revoked. 

The bill prescribes a 12-month open enrollment process for the RPI status; however, like much of the bill (reminiscent of Obamacare), it cedes a lot of power to the Secretary.  She will have the authority to extend the application period for another 18 months (page 69).  Now, we know from the conditions of the bill that almost every illegal in the country could be eligible for RPI status until proven otherwise.  In fact, even some aliens already deported can come back and apply for the status.  To that end, the bill requires DHS to provide all aliens, even those who are apprehended, “with a reasonable opportunity to file an application... 

Read the rest of the article at Redstate

 


 
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