Immigration Reform

Analysis of Marco Rubio and the Gang of 8’s Senate Bill 744  posted by Stephen Guffanti, MD May 8, 2013

Free citizens need to evaluate any law based on simple standards: Is this a law allowed by the Constitution or is the government overreaching? Does the law address issues that are important to address? Does it address those issues effectively?

Yes, immigration law is allowed the by the Constitution.

The purpose of this law is set out on Page 8 lines 17 – 22. “As a nation, we have the right and responsibility to make our borders safe, to establish clear and just rules for seeking citizenship, to control the flow of legal immigration, and to eliminate illegal immigration, which in some cases has become a threat to our national security.”

Yes, the law addresses four issues that are important to address. Compared to the many frivolous laws passed by Congress this is an issue long overdue for discussion. (Unfortunately, no public discussion was allowed in its creation. This is not the way free people create good law.)

Let’s see if the law addresses those issues effectively:

“As a nation, we have the right and responsibility to:

1. Make our borders safe”

S744 creates a 10-man Commission which gets 5 years to determine if our borders are safe and what to do about it. Their advice needs a 60% vote to be passed on to Congress.  Assuming the Commission has open discussion on the effectiveness of border security it’s a good idea. Currently it is too Fed heavy the president and Congress appoint 6 out of the 10 members. Our federal government has done nothing of substance on this issue for decades. The Southern Border Security Commission will be little different.

A better idea would be a7-man commission with 1 appointment each by the President, the Senate, the House and one from each of the 4 border States. This  streamlined, less political and more practical commission needs a 3 month deadline to determine the current effectiveness of our border security and advise on how to get to 90% effectiveness. One of the key issues it needs to address is the ICE lawsuit. (The lawsuit said the Obama administration lacked the legal authority to arbitrarily halt deportations.)

If the president cared about our security he could create this commission without an act of Congress. Clearly based on his actions Congress will need to step in.

2. to establish clear and just rules for seeking citizenship”

Assuming that Congress can overcome an executive branch that has decided to not enforce current immigration laws a bill with 844 pages isn’t creating clear rules. Its creating a feeding frenzy for lawyers.

Moreover, in the 1971 Overton case the Supreme Court decided that the executive branch is only responsible for process not results. This is why we have our current inefficient system – Tons of rules and years of delay. To quote Rev. Martin Luther King “justice too long delayed is justice denied.”

Clear and just rules would require competitive private companies to execute them. Private concerns are responsible for their results and competition will speed up and clarify the process that no bureaucrat could do.

Clear and just rules also require they be obeyed in LA, as well as in Phoenix. The issue of sanctuary cities and states  is not addressed in this bill. A flaw that could be rectified by amendment.

3. to control the flow of legal immigration”

This purpose is the most important and the least thought out by the authors of the bill. It is a wonderful opportunity to establish a commission to evaluate America’s ability to absorb immigrants and use facts rather than emotion to drive this issue.

Control implies a limit to the number of immigrants per year. That limit is nowhere in the bill. It should be based our ability to absorb these immigrants which ultimately comes down to the cost of services needed by the immigrants. The cost goes up as the immigrant’s net worth goes down. A balanced well thought out criteria needs to be created.

One support system that has consistently proven inadequate is public education. Currently, 50% of Hispanics drop out of our schools. The NAEP states that 70% of our students are reading below grade level. This has been the case for 50 years. It turns these kids into criminals or welfare recipients. So the children of these immigrants need to be educated outside of America’s public school system, but there is no provision for that.

Next, after they decide on a limit and the criteria for immigration what will it cost in healthcare services and any other services. Obviously without a limit in the number of immigrants there is no way to calculate the cost or assure that control is established.

4. to eliminate illegal immigration, which has become a threat to our national security.”

Since Obama took office we have had 5 Islamic jihadist attacks on American soil the latest being the Boston bombing. This issue is a real and present danger. The bill requires the Secretary of State to report to Congress in 6 months how much it will cost and what it will require to secure the border. How is it that 12 years after 911 and 5 attacks on American soil the Secretary of State needs 6 months to prepare such a report? Why do we even have a Department of Homeland Security if they don’t know what it takes to secure our homeland?

The gross incompetence this implies and the fact that the Secretary of State is largely in charge of implementation of this bill is a huge flaw in this bill. Our legislation needs higher standards for the executive branch and either put teeth into the bill so that bureaucrats lose their jobs for incompetence or the the states get to implement the bill on their own borders.

Moreover, This is the same deal that was made to Reagan, but never showed up after he agreed to amnesty. So secure the border first by competent organizations then citizens will believe you have the will to actually implement this entirety of this law.

In summary, if they are truly interested in resolving illegal immigration as they have stated. Here is how they could do it.

1. Establish a 7-man commission: an appointee from the: President, Senate, House and 4 State Governors. The committee rules quarterly on the effectiveness of border security and advises on upgrades needed to reach the 90% target. The Secretary of the Committee should be an ICE agent not a bureaucrat. Until our border is secure empower the states to implement their own solutions .

2. Put out a request for proposal that would get private companies to execute the law in a manner that is clear and just. Pick the top three; competition is a must.

3. Set a yearly limit to the number of immigrants and back that number up with facts that demonstrate that we can realistically absorb a farm worker program, our legal immigrants plus the illegals that are estimated to cross that year. I suggest asking at least 3 nonprofits to evaluate that number if they don’t have the facts already.

4. The bill actually recommends a 90% effectiveness, but again sanctuary cities, government entities not using e-verify, farmers that need guest workers. All these things and much more encourage the immigrant to come to America. The bill needs teeth for those bureaucrats that defy the law.

5. Something that the Senate doesn’t do is to take the blame for not resolving this issue 50 years ago. There are grandparents whose children and grandchildren are US citizens. At some point in time a statute of limitations should take effect for these people. The rule of law must be equally applied to all or the law will simply be used to strike fear into the hearts of the free man. The statute of limitations seems to have been withheld from illegal immigrants this needs to be rectified.

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