Terry Everett, May 29, 2006

Last Thursday, the U.S. Senate passed its immigration reform legislation by a margin of 62 to 36. It must now go to conference with the U.S. House, which approved its own immigration bill back in December. However, the Senate bill is unacceptable. It does little to adequately address the gaping hole in America's border with Mexico, and even worse, it cedes sovereignty to Mexico in the matter of whether to construct a border wall.

Political hyperbole is as common in Washington as kudzu in Alabama. However, last week's Senate immigration vote deserves every possible criticism. Many of America's 11 to 12 million illegal immigrants would be rewarded for their lawbreaking entries and illegal overstays of visas. Supporting Senators bristle at the word "amnesty" used to describe the measures they passed on May 25th, but, in effect, lawbreaking aliens are getting just that in the Senate bill.

Under the Senate immigration bill, illegal aliens who are in the United States for five or more years would be allowed to remain here and eventually become legal permanent residents. The only demand on them would be that they pay $3,250 in fines and back taxes and learn English. The remainder of the illegal alien population would be ordered to leave the country with some allowed to apply for reentry at the border.

The idea that any non U.S. citizen could escape with such meager penalties for such severe lawbreaking is absolutely absurd. Any American citizen who failed to pay his taxes for several years would face a $25,000 fine and a possible jail term. Allowing illegal aliens to skirt the law, in effect, is a slap in the face of every American taxpayer, not to mention a slap in the face of the many millions of legal immigrants who followed the law to enter this country.

The Senate's immigration bill adds insult to injury by including a last-minute amendment requiring the United States to consult with the Mexican government before constructing any border fence between our countries. This is tantamount to ceding our national sovereignty over the right to defend our borders to a foreign land. The very idea is simply outrageous.

Analysts are already noting that the Senate bill would be largely unenforceable as the millions of illegals it orders to leave could not be distinguished from those it allows to stay. After all, illegal aliens who have been living in the shadows for years aren't likely to have kept records documenting their length of time here illegally. It also raises a dilemma for payment of back taxes. How do you pay owed back taxes if you have no employment records?

The House-passed legislation, which I supported, takes an entirely different approach. Instead of rewarding alien lawbreakers, it makes illegal entry and illegal visa overstays a Federal crime. Our immigration and border security bill grants no amnesty and implements a tough system of employer verification of the legality of workers. If you remove all avenues of work for illegal aliens, they will have no incentive to come here or reason or means to remain. Lastly, our House bill calls for the construction of a border wall along the entire 1,900 mile frontier with Mexico - without asking Mexico for permission. The wall is needed not only to stop the flood of illegal aliens, but also to help keep out potential terrorists. Some 700 illegals captured trying to cross the border in 2005 were from nations that are potential sponsors of terrorism.

After reviewing the details of the Senate immigration bill, I am convinced that it is actually worse than no new immigration bill at all. Any compromise bill that does not first secure our borders and allows amnesty is dead on arrival in the House.

Senator Jon Kyl, a Republican, represents Arizona in the U.S. Senate. He serves on the Senate Judiciary Committee, the Finance Committee, and the Energy and Natural Resources Committee.