The Corner

Subject: Triggers can be waived???

Two emails:

–Subsection a. clearly doesn’t apply if the President doesn’t make the certification required. It also seems to be a one shot deal; a. doesn’t apply if the certificate isn’t delivered in 180 days. I also think any other attorney would tell you that an opinion on the real meaning of this snippet from the statute depends on looking at other sections that are referenced and possibly even sections not referenced.

I suppose its cynical of me but I don’t care whether the “triggers” can be waived or not. I don’t much like Kabuki.  The “Secretary” is going to certify all the listed matters true, whether they are true or not. A certain level of good faith in enforcing the law has to be assumed in order for any of this to have any meaning. I think its pretty clear that Bush and any “Secretary” appointed by Bush (or any of the likely Republican or Democrat Presidential nominees) is going to make whatever certifications are necessary to cause the amnesty and guest worker program to go into effect, or the President will find one who will. I think you can also assume disinformation, dishonestly and bad faith in enforcement of laws in this area will continue and the rush across the border will accelerate, encouraged by this further evidence that the US will never enforce its immigration laws…

– Rich,

I don’t think that the triggers can be waived.  Subsection (b) provides that subsection (a) applies if and only if the President certifies to the Congress that the security requirements in (a) can be completed within 18 months after enactment.  The amnesty provisions in (a) still cannot go into effect unless the Secretary… submits a separate certification to the President and the Congress that the security measures in paragraph (a) have gone into effect.   Subsection (b) provides that all of subsection (a) will not apply if the President does not give certification, not just the security measures.