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http://www.heritage.org/Research/Immigration/wm1468.cfm
The most controversial component of the Senate's Secure Borders, Economic Opportunity and Immigration Reform Act of 2007 is Title VI, euphemistically entitled "Nonimmigrants in the United States Previously in Unlawful Status." It would create a new "Z" visa exclusively for illegal aliens. This title would change the status of those who are here illegally to legal, essentially granting amnesty to those "previously in unlawful status." This seriously flawed proposal would undermine the rule of law by granting massive benefits to those who have willfully violated U.S. laws, while denying those benefits to those who have played by the rules and sometimes even to U.S. citizens.
Flawed Provisions
The following are ten of the worst provisions—by no means an exhaustive list—of Title VI of the bill:
1) A Massive Amnesty:
Title VI of the bill grants amnesty to virtually all of the 12 million to 20 million illegal aliens in the country today. This amnesty would dwarf the amnesty that the United States granted—with disastrous consequences—in 1986 to 2.7 million illegal aliens. It is also a larger amnesty than that proposed in last year's ill-fated Comprehensive Immigration Reform Act. Indeed, the Senate's bill imposes no cap on the total number of individuals who could receive Z-visa status....
Expect a mass influx unlike anything this country has ever seen once the 12-month period for accepting Z visa applications begins.
.
.
.
2) The Permanent "Temporary" Visa:
Supporters of the bill call the Z visa a "temporary" visa. However, they neglect to mention that it can be renewed every four years until the visa holder dies, according to Section 601(k)(2) of the legislation. This would be the country's first permanent temporary visa. On top of that, it is a "super-visa," allowing the holder to work, attend college, or travel abroad and reenter. These permissible uses are found in Section 602(m).
A law-abiding alien with a normal nonimmigrant visa would surely desire this privileged status. Unfortunately for him, only illegal aliens can qualify...
...illegal aliens need not return to their home countries to apply for the Z visa. That's only necessary if and when an alien decides to adjust from Z visa status to lawful permanent resident ("green card") status under Section 602(a)(1).
.
.
.
3) Hobbled Background Checks:
The bill would make it extremely difficult for the federal government to prevent criminals and terrorists from obtaining legal status. Under Section 601(h)(1), the bill would allow the government only one business day to conduct a background check to determine whether an applicant is a criminal or terrorist. Unless the government can find a reason not to grant it by the end of the next business day after the alien applies, the alien receives a probationary Z visa (good from the time of approval until six months after the date Z visas begin to be approved, however long that may be) that lets him roam throughout the country and seek employment legally.
...Much of this kind of information exists in paper records that cannot be searched within 24 hours. Other information is maintained by foreign governments.
.
.
.
4) Amnesty for "Absconders":
Title VI's amnesty extends even to fugitives who have been ordered deported by an immigration judge but chose to ignore their removal orders....
The Senate's bill allows the government to grant Z visas to absconders.... Section 601(d)(1)(I) allows U.S. Citizenship and Immigration Services officials to give an absconder the Z visa anyway if the absconder can demonstrate that departure from the United States "would result in extreme hardship to the alien or the alien's spouse, parent or child." This is a massive loophole because so many things can be construed to constitute "extreme hardship."
.
.
.
5) Reverse Justice:
The bill would effectively shut down the immigration court system. Under Section 601(h)(6), if an alien in the removal process is "prima facie eligible" for the Z visa, an immigration judge must close any proceedings against the alien and offer the alien an opportunity to apply for amnesty.
.
.
.
6) Enforcement of Amnesty, Not Laws:
The bill would transform Immigrations and Customs Enforcement (ICE) from a law enforcement agency into an amnesty distribution center. Under Sections 601(h)(1, 5) if an ICE agent apprehends aliens who appear to be eligible for the Z visa (in other words, just about any illegal alien), the agent cannot detain them. Instead, ICE must provide them a reasonable opportunity to apply for the Z visa. Instead of initiating removal proceedings, ICE will be initiating amnesty applications. This is the equivalent of turning the Drug Enforcement Agency into a needle-distribution network.
.
.
.
7) Amnesty for Gang Members:
Under Section 602(g)(2) of the bill, gang members would be eligible to receive amnesty. This comes at a time when violent international gangs, such as Mara Salvatrucha 13 (or "MS-13"), have brought mayhem to U.S. cities... To qualify for amnesty, all a gang member would need to do is note his gang membership and sign a "renunciation of gang affiliation."
.
.
.
8) Tuition Subsidies for Illegal Aliens:
The Senate bill incorporates the Development, Relief and Education for Alien Minors Act (DREAM Act). The DREAM Act effectively repeals a 1996 federal law (8 U.S.C. § 1623) that prohibits any state from offering in-state tuition rates to illegal aliens unless the state also offers in-state tuition rates to all U.S. citizens. Ten states are currently defying this federal law. Section 616 would allow these and all other states to offer in-state tuition rates to any illegal alien who obtains the Z visa and attends college.
The injustice of this provision is obvious. Illegal aliens would receive a taxpayer subsidy worth tens of thousands of dollars and would be treated better than U.S. citizens from out of state, who must pay three to four times as much to attend college...
Further, legal aliens who possess an appropriate F, J, or M student visa would not receive this valuable benefit. Nor would they be eligible for the federal student loans that illegal aliens could obtain by this provision.
.
.
.
9) Taxpayer-Funded Lawyers for Illegal Aliens:
The Senate's bill would force taxpayers to foot the bill for many illegal aliens' lawyers. Under current law, illegal aliens are not eligible for federally funded legal services. Section 622(m) of the bill would allow millions of illegal aliens who work in agriculture to receive free legal services. Every illegal alien working in the agricultural sector would have access to an immigration attorney to argue his case through the immigration courts and federal courts of appeals—all at taxpayer expense. This provision alone could cost hundreds of millions of dollars each year.
.
.
.
10) Amnesty Before Enforcement Triggers.
Proponents of the Senate approach have consistently claimed that it would allow delayed amnesty only after certain law enforcement goals are met. The text of the bill, however, tells a different story. Section 1(a) allows provisional Z visas to be issued immediately after enactment, and Section 601(f)(2) prohibits the federal government from waiting more than 180 days after enactment to begin issuing provisional Z visas.
These provisional Z visas could be valid for years, depending on when the government begins issuing non-provisional Z visas, according to Section 601(h)(4). Moreover, the "provisional" designation means little. These visas are nearly as good as non-provisional Z visas, giving the alien immediate lawful status, protection from deportation, authorization to work, and the ability to exit and reenter the country (with advance permission). These privileges are listed in Section 601(h)(1).
Conclusion
What becomes unmistakably clear from the details of the Senate's bill is that it is not a "compromise" in any meaningful sense. Indeed, the sweeping amnesty provisions of Title VI cripple law enforcement and undermine the rule of law.
http://www.heritage.org/Research/Immigration/wm1468.cfm
The most controversial component of the Senate's Secure Borders, Economic Opportunity and Immigration Reform Act of 2007 is Title VI, euphemistically entitled "Nonimmigrants in the United States Previously in Unlawful Status." It would create a new "Z" visa exclusively for illegal aliens. This title would change the status of those who are here illegally to legal, essentially granting amnesty to those "previously in unlawful status." This seriously flawed proposal would undermine the rule of law by granting massive benefits to those who have willfully violated U.S. laws, while denying those benefits to those who have played by the rules and sometimes even to U.S. citizens.
Flawed Provisions
The following are ten of the worst provisions—by no means an exhaustive list—of Title VI of the bill:
1) A Massive Amnesty:
Title VI of the bill grants amnesty to virtually all of the 12 million to 20 million illegal aliens in the country today. This amnesty would dwarf the amnesty that the United States granted—with disastrous consequences—in 1986 to 2.7 million illegal aliens. It is also a larger amnesty than that proposed in last year's ill-fated Comprehensive Immigration Reform Act. Indeed, the Senate's bill imposes no cap on the total number of individuals who could receive Z-visa status....
Expect a mass influx unlike anything this country has ever seen once the 12-month period for accepting Z visa applications begins.
.
.
.
2) The Permanent "Temporary" Visa:
Supporters of the bill call the Z visa a "temporary" visa. However, they neglect to mention that it can be renewed every four years until the visa holder dies, according to Section 601(k)(2) of the legislation. This would be the country's first permanent temporary visa. On top of that, it is a "super-visa," allowing the holder to work, attend college, or travel abroad and reenter. These permissible uses are found in Section 602(m).
A law-abiding alien with a normal nonimmigrant visa would surely desire this privileged status. Unfortunately for him, only illegal aliens can qualify...
...illegal aliens need not return to their home countries to apply for the Z visa. That's only necessary if and when an alien decides to adjust from Z visa status to lawful permanent resident ("green card") status under Section 602(a)(1).
.
.
.
3) Hobbled Background Checks:
The bill would make it extremely difficult for the federal government to prevent criminals and terrorists from obtaining legal status. Under Section 601(h)(1), the bill would allow the government only one business day to conduct a background check to determine whether an applicant is a criminal or terrorist. Unless the government can find a reason not to grant it by the end of the next business day after the alien applies, the alien receives a probationary Z visa (good from the time of approval until six months after the date Z visas begin to be approved, however long that may be) that lets him roam throughout the country and seek employment legally.
...Much of this kind of information exists in paper records that cannot be searched within 24 hours. Other information is maintained by foreign governments.
.
.
.
4) Amnesty for "Absconders":
Title VI's amnesty extends even to fugitives who have been ordered deported by an immigration judge but chose to ignore their removal orders....
The Senate's bill allows the government to grant Z visas to absconders.... Section 601(d)(1)(I) allows U.S. Citizenship and Immigration Services officials to give an absconder the Z visa anyway if the absconder can demonstrate that departure from the United States "would result in extreme hardship to the alien or the alien's spouse, parent or child." This is a massive loophole because so many things can be construed to constitute "extreme hardship."
.
.
.
5) Reverse Justice:
The bill would effectively shut down the immigration court system. Under Section 601(h)(6), if an alien in the removal process is "prima facie eligible" for the Z visa, an immigration judge must close any proceedings against the alien and offer the alien an opportunity to apply for amnesty.
.
.
.
6) Enforcement of Amnesty, Not Laws:
The bill would transform Immigrations and Customs Enforcement (ICE) from a law enforcement agency into an amnesty distribution center. Under Sections 601(h)(1, 5) if an ICE agent apprehends aliens who appear to be eligible for the Z visa (in other words, just about any illegal alien), the agent cannot detain them. Instead, ICE must provide them a reasonable opportunity to apply for the Z visa. Instead of initiating removal proceedings, ICE will be initiating amnesty applications. This is the equivalent of turning the Drug Enforcement Agency into a needle-distribution network.
.
.
.
7) Amnesty for Gang Members:
Under Section 602(g)(2) of the bill, gang members would be eligible to receive amnesty. This comes at a time when violent international gangs, such as Mara Salvatrucha 13 (or "MS-13"), have brought mayhem to U.S. cities... To qualify for amnesty, all a gang member would need to do is note his gang membership and sign a "renunciation of gang affiliation."
.
.
.
8) Tuition Subsidies for Illegal Aliens:
The Senate bill incorporates the Development, Relief and Education for Alien Minors Act (DREAM Act). The DREAM Act effectively repeals a 1996 federal law (8 U.S.C. § 1623) that prohibits any state from offering in-state tuition rates to illegal aliens unless the state also offers in-state tuition rates to all U.S. citizens. Ten states are currently defying this federal law. Section 616 would allow these and all other states to offer in-state tuition rates to any illegal alien who obtains the Z visa and attends college.
The injustice of this provision is obvious. Illegal aliens would receive a taxpayer subsidy worth tens of thousands of dollars and would be treated better than U.S. citizens from out of state, who must pay three to four times as much to attend college...
Further, legal aliens who possess an appropriate F, J, or M student visa would not receive this valuable benefit. Nor would they be eligible for the federal student loans that illegal aliens could obtain by this provision.
.
.
.
9) Taxpayer-Funded Lawyers for Illegal Aliens:
The Senate's bill would force taxpayers to foot the bill for many illegal aliens' lawyers. Under current law, illegal aliens are not eligible for federally funded legal services. Section 622(m) of the bill would allow millions of illegal aliens who work in agriculture to receive free legal services. Every illegal alien working in the agricultural sector would have access to an immigration attorney to argue his case through the immigration courts and federal courts of appeals—all at taxpayer expense. This provision alone could cost hundreds of millions of dollars each year.
.
.
.
10) Amnesty Before Enforcement Triggers.
Proponents of the Senate approach have consistently claimed that it would allow delayed amnesty only after certain law enforcement goals are met. The text of the bill, however, tells a different story. Section 1(a) allows provisional Z visas to be issued immediately after enactment, and Section 601(f)(2) prohibits the federal government from waiting more than 180 days after enactment to begin issuing provisional Z visas.
These provisional Z visas could be valid for years, depending on when the government begins issuing non-provisional Z visas, according to Section 601(h)(4). Moreover, the "provisional" designation means little. These visas are nearly as good as non-provisional Z visas, giving the alien immediate lawful status, protection from deportation, authorization to work, and the ability to exit and reenter the country (with advance permission). These privileges are listed in Section 601(h)(1).
Conclusion
What becomes unmistakably clear from the details of the Senate's bill is that it is not a "compromise" in any meaningful sense. Indeed, the sweeping amnesty provisions of Title VI cripple law enforcement and undermine the rule of law.
