Monday, November 12, 2012

Daily Kos: 'Comprehensive Immigration Reform', The Prequel

Senator Charles Schumer Meet The Press 11/11/12

David Gregory:

Let me turn to lessons from this election and where we go beyond this negotiation over the fiscal matters, Senator Schumer, immigration, are we going to get comprehensive immigration reform it sounds like, if you listen to the House Speaker, they have a change of heart, they want a comprehensive plan.

Senator Charles Schumer:

Yeah, I think so, Senator Graham and I have, uuuh, talked, and we are resuming, uuuh, the talks that were broken off two years ago. We have put together a comprehensive detailed, uuuh, blueprint on immigration reform it had the real potential for bipartisan support based on the theory that most Americans are for legal immigration but very much against illegal immigration.

Our plan, just to be quick does four things, first of all

1.) Close the border, make sure that's shut

Second, make sure that there is a

2.) Non-forgeable document so that employers so that employers can tell who is legal and who is illegal and once they, uuuh, hire somebody illegally throw the book at 'em.

Third, on, on, legal immigrate?, that'll stop illegal immigration in its tracks. Third, on legal immigration

3.) Let in the people we need, whether they be engineers, uuuh, from our universities, foreign, or people to pick the crops

And forth

4.) A path to citizenship, that's fair [ed: important to remember here that the current family based system is 'unfair' ], which says you have to learn english, you have to go to the back of the line, you gotta' have a job, and, you can't, uuuh, commit crimes.

Graham and I are talking to our colleagues about this, right now, and I think we have a darn good chance using this blueprint to get something done this year. The Republican Party has learned, that being anti-illegal imm ? anti-immigrant, uuuh, doesn't work politically and they know it.

* formatting mine

Some comments on the politics of all of this:

1.) Note that the politicians, the pundits, and the mainstream media have bought into the phrase 'the immigration system is broken'. With this in mind, keep count of how many times any of these individuals say 'NAFTA', or '1986 IRCA', in their discussion of how to 'fix our broken immigration system'. Count how many times any of these individuals will make reference to the seemingly counterintuitive facts that Mexico has literally dominated the U.S. family based immigration system pretty much since the 1986 IRCA was passed, yet at the same time 62% of all illegal immigrants are from Mexico. Listen for any of them to bring up the fact that now ten percent of all individuals born in Mexico are living in the U.S.

As I have related here now many times, Barack Obama has not used the word 'NAFTA' in public that I can find since winning that 2008 debate with Hilary Clinton. Count how many times that you have heard Barack Obama or for that matter any other politician, pundit, or media personality say 'NAFTA' and 'illegal immigration' or 'NAFTA' and 'comprehensive immigration reform' in the same sentence, or at all for that matter.

2.) While all of these individuals are claiming that the system is broken, none of them is proposing to do anything which will fundamentally change the system beyond changes which will massively increase current levels of legal immigration and further exacerbate serial migration from Mexico.

3.) Politicians of both parties, pundits, and the mainstream media have never really been against what they call 'comprehensive immigration reform'. The problem is that the last two times they tried it the American people crashed their phone system and their web sites.

Included in this diary is the full text of the 1986 Immigration Reform and Control Act. Four things here.

1.) The exact same things that people are saying today were stated in 1986. There is nothing new under the sun here.

2.) Compare the text of the 1986 IRCA with the 'bipartisan' revelations that the 'deep thinkers' like Charles Schumer and Lindsey Graham are proposing.

3.) The 1986 IRCA was designed to grant amnesty to 750,000 illegal immigrants. Through fraud, abuse, and a system which I believe was never designed to combat either the 1986 IRCA granted amnesty to approximately 3.2 million illegal immigrants. As I understand it there are still cases ?in court today where individuals are claiming they are eligible for amnesty under IRCA.

4.) The 'tamper proof ID' that Senator Schumer proposes was part of 1986 IRCA (check the full text). Ask yourself here what is the real difference between a policy of 'self deportation' and a policy of 'go after the employers', and why the 'tamper proof ID' of the 1986 IRCA never materialized. Former Senator Alan Simpson (co author of the 1986 IRCA) has stated publicly that the Democratic Party spiked the requirement for the 'tamper proof ID' in committee before the legislation was passed.

Some reference material for the upcoming discussion:

Immigration and Nationality Act of 1965

1965 Immigration and Nationality Act, a.k.a. the Hart-Cellar Act (An Act to amend the Immigration and Nationality Act, and for other purposes)

H.R. 2580; Pub.L. 89-236; 79 Stat. 911.
89th Congress; October 3, 1965.
You can find the full text of this law as a PDF here.

SUMMARY
The Hart-Cellar Act abolished the national origins quota system that had structured American immigration policy since the 1920s, replacing it with a preference system that focused on immigrants' skills and family relationships with citizens or residents of the U.S. Numerical restrictions on visas were set at 170,000 per year, not including immediate relatives of U.S. citizens, nor "special immigrants" (including those born in "independent" nations in the Western hemisphere; former citizens; ministers; employees of the U.S. government abroad).

Overview - Family-based Immigrant Visas. This is essentially the U.S. family based immigration system in a nutshell.

Note that the only fundamental change to the U.S. family based immigration system that has been proposed to date is to lift the caps from some or all of the F1 through F4 categories.

Full text of 1986 Immigration Reform and Control Act

Full text of S2611 This Act may be cited as the `Comprehensive Immigration Reform Act of 2006'.

In May 2005 Crystal Patterson, who was at the time a staffer for the late Senator Ted Kennedy, posted up what I believe was one of the initial trial balloons for S2611 here on the Daily Kos. My comments to Ms. Patterson in 2005 are part of this diary.

Quick Guide to Kennedy McCain Immigration Bill

The U.S. currently has 11 guest worker visa programs, described here. The letter designation comes from the 1965 INA. The guest worker visa programs for H-2A 'Seasonal Agricultural Workers' and H-2B 'Temporary or Seasonal Nonagricultural Workers' were created with the 1986 IRCA and do not have numerical limits.

Two diaries I have written on the subject of illegal immigration:

There Is No Legal Path For Mexicans

Two Random Responses On The Subject Of Illegal Immigration

My interests here on Daily Kos are pretty much limited to immigration, economics, and trade. I think one of my diaries which addresses the topic of offshoring is pertinent here as well. Blame China, blame us. Anyone believing that we can have lower prices and higher wages in the same time and space, consider the nature of a mathematical proof.

I will hope to follow this diary at some point with diaries which will address the four items that Senator Schumer states are both sufficient and required to 'fix our broken immigration system'.

Source: http://www.dailykos.com/story/2012/11/11/1160486/--Comprehensive-Immigration-Reform-The-Prequel

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