A Pointless Amnesty

Sen. Chuck Schumer (left) and Sen. John McCain introduce immigration reform framework, January 28, 2013.



No immigration reform deserving the name is possible without first enforcing the law at the border and at the workplace. Conveniently for Republicans, doing so is very popular — two out of three voters support building a border fence. Indeed, even Senator McCain has been known to utter the words “build the danged fence.” There is no reason, political or substantive, for failing to do so. Securing the border is more popular in the polls than is amnesty, even in the Associated Press poll that carefully omits the word “amnesty.”

About that word. Call it “regularization,” call it a “path to citizenship,” it amounts to precisely the same thing: a decision to set aside the law and to ignore its violation. And therein lies a problem for so-called comprehensive reform: Normalizing the status of the millions of illegal immigrants already in the country, either in toto or in part, would require the development and application of standards for doing so, whether those are relatively narrow (as in the DREAM Act and similar proposals) or broad. Unless we mean to legalize every illegal in the country — including violent felons, gang members, cartel henchmen, and the like — there will be of necessity a system for sorting them out. It is difficult to believe that the same government that failed to enforce the law in the first place will be very scrupulous about standards as it goes about dealing with the consequences of its own incompetence.

It is for that reason that broader reform measures must wait until credible enforcement mechanisms are in place. Those mechanisms include, at a minimum, a physically secured border and mandatory universal use of the E-Verify system, which confirms the legal status of new hires. We agree with Senator Rubio’s view that “we can’t be the only nation in the world that does not enforce its immigration laws. . . . Modernization of the legal immigration system is impossible unless we first secure the border and implement an E-Verify system.” We very much doubt that Senator Rubio will achieve meaningful border security in cooperation with Senators Schumer, Durbin, Menendez, and Bennet. The less-of-the-same version being developed in the House with the support of John Boehner and Paul Ryan almost certainly will suffer from similar defects, since it appears to be based on the same premises. And the other party in this negotiation, President Obama, is even less likely to place enforcement at the center of his immigration agenda; the president has nominally endorsed the Senate reform principles, but the White House already has signaled that it intends to oppose Rubio’s proposal that any amnesty be delayed until the security of the border has been verified.

Rather than getting their heads handed to them in yet another grand bargain, Republicans should push for piecemeal reform through focused, narrow legislation. Senator Rubio’s security measures would be a good place to start. Mandatory and universal use of E-Verify, together with improvements in the program, should have been legislated years ago. We should create a technological system for monitoring and preventing visa overstays, the source of 40 percent of our illegal immigration, to say nothing of the 9/11 plotters — although Congress has already mandated it six separate times in the past 17 years, and it’s still not done. Likewise, Congress passed a law in 2006 mandating that a double-layer border fence be completed; it has not. Which is to say, the executive branch is no more in compliance with the law than the illegals themselves. Congress should demand that the fence be completed in accordance with the law. Other reforms, such as making economic skills rather than the reunification of extended families the main criterion for legal immigration, also deserve consideration. But rather than achieve that, both the president’s program and Rubio’s would expand “guest worker” provisions, as though there were an acute shortage of low-skilled labor in the United States.

Senator Rubio argues that a grand bargain is necessary because an enforcement-only bill could not pass the Senate, while an amnesty-only deal would not pass the House. But he is drawing the wrong conclusion from that stalemate: The better course of action is to fight for sensible enforcement provisions right now and let Democrats explain to an anxious electorate why they insist on holding enforcement of the law hostage to an immediate amnesty. And no grand bargain will take immigration off the table as a political issue: Liberals can always argue for weaker enforcement provisions in the future, easier pathways to legal residency and citizenship, and the like.

Senator Rubio, an exemplary conservative leader, is correct that our immigration system is broken. And he is correct that, at some point, we are going to have to do something about the millions of illegals already here. But he is wrong about how to go about repairing our immigration system, and wrong to think that an amnesty-and-enforcement bill at this time will end up being anything other than the unbuttered side of a half-a-loaf deal. And there is no reason to make a bad deal for fear of losing a Latino vote Republicans never had.