Perhaps the thing that we find most offensive about the Senate immigration bill is that it does not appear to take itself seriously as a law that intends to be implemented in its details. There is precious little in the bill that addresses in a serious way how the massive enterprise it envisions is to be put into practice. And where there is implementation language, it is often ludicrous.
Here’s a bit from the section labeled Interior Enforcement, Sec 201, Additional Immigration. It is unclear from the language if relatives of those who have Z Visas residing in foreign lands would be covered by this subsection. If so, those cases alone could number potentially in the tens or hundreds of thousands. Note that only 50 immigration lawyers, if even that many, are being added to the Department of Justice to litigate the cases covered in this section:
(b) Department of Justice.-
(1) JUDICIAL CLERKS-The Attorney General shall, subject to the
availability of appropriations for such purpose, appoint necessary
law clerks for immigration judges and Board of Immigration
Appeals members of no less than one per judge and member. A
law clerk appointed under this section shall be exempt from the
provisions of subchapter I of chapter 63 of title 5 [5 USCS §§
6301 et seq.]
(2) LITIGATION ATTORNEYS.-In each of the fiscal years 2008
through 2012, the
Attorney General, subject to the availability of appropriations for
such purpose, shall increase the number of positions for
attorneys in the Office of Immigration Litigation by not less than 50…
50 litigators, budgetary conditions permitting. That’s some serious enforcement. At two lawyers per case and a case resolved every three months, this group could resolve as many as 100 cases a year. Maybe more.
It’s hard to conceive of 12 million people as a line of men, women, and children who need to be processed in some manner or other, many with particular needs and oddities of their cases, many with so-called “routine” cases, whatever they are. Imagine it as 120 Super Bowls, all being played at once. Crowds of 100,000 line up at 120 equivalents of the Rose Bowl around the country. Assume that each one of the newly legal wants to pay the cashier and be admitted to the game of being able to work legally in America. (For a moment we’ll leave aside the requirement that the applicant has to leave the country before applying.) But the cashier can’t just sell tickets.
The cashier has to inspect the papers of each of the 100,000 people standing in line to buy a ticket. The cashier has to run a background check on the ticket buyer, which is supposed to be done within 24 hours. The background check may involve the cashier in communications with towns and villages in foreign countries. The cashier has to do further investigations if something on the background check comes up spotty or incomplete. The cashier then has to ask the ticket buyer to get out of line and stand to one side. The cashier has to consider what will be done with the ticket buyer’s younger brother who is next in line, and with the ticket buyer’s 8 year old daughter, who also wants to go to the game and who was born in Pasadena. Can she be admitted without adult supervision while her father is waiting off to one side? And all this is repeated 100,000 times at the Rose Bowl, and there are 120 Rose Bowls around the country. How long do you think that would take before all could be admitted, given these procedures? 3 years, 5 years, 10 years?
And that’s if there were cashiers available today and they and their superivsors knew what to do. Here’s our point: there are no cashiers today, no supervisors. The bill puts in place zero cashiers on day one, and there is no Employment Manual for any that get hired on how to do the newly created tasks outlined in the bill. And yet, the moment the bill is signed, 12 million people, or 100,000 people lined up at 120 Rose Bowls around the country, have been told to expect that they can buy a ticket. What are the chances that they will be admitted without even buying a ticket, given the ridiculous situation the Senate bill sets up?
Forget the mockery of border law enforcement that is today’s sad story, and will continue to be so under this new law. The Senate immigration bill mocks itself, because it does not even take its own enforcement seriously.
Michelle Malkin has compiled an excellent list of the paperwork backlogs that already exist under the current system. Adding another 12 minllion to a paperwork backlog already numbering in the millions is an indication of how seriously Congress takes itsel in the matter of law enforcement versus the appearance of good intentions.
(This is a belated April Fool in a sense. This is what we wrote about how bad the 2007 bill was. Question: is enforcement likely to be any better under this new bill?)