Tuesday, May 29, 2007

Heritage Foundation Immigration Bill Analysis Part I

The Heritage Foundation has taken a look at the proposed immigration bill and done some digging to find just what is buried in it. The list of horrors is a long and sad one. I'll be reading these over the next few days, but you can take a look at part 1 here in which they look at how the bill undermines the rule of law.

The bill would make it extremely difficult for the federal government to prevent criminals and terrorists from obtaining legal status. Under Section 601(h)(1), the bill would allow the government only one business day to conduct a background check to determine whether an applicant is a criminal or terrorist. Unless the government can find a reason not to grant it by the end of the next business day after the alien applies, the alien receives a probationary Z visa (good from the time of approval until six months after the date Z visas begin to be approved, however long that may be) that lets him roam throughout the country and seek employment legally.

The problem is that there is no single, readily searchable database of all of the dangerous people in the world. While the federal government does have computer databases of known criminals and terrorists, these databases are far from comprehensive. Much of this kind of information exists in paper records that cannot be searched within 24 hours. Other information is maintained by foreign governments.

The need for effective background checks is real. During the 1986 amnesty, the United States granted legal status to Mahmoud "The Red" Abouhalima, who fraudulently sought and obtained the amnesty intended for seasonal agricultural workers (even though he was actually employed as a cab driver in New York City). But his real work was in the field of terrorism. He went on to become a ringleader in the 1993 terrorist attacks against the World Trade Center. Using his new legal status after the amnesty, he was able to travel abroad for terrorist training.

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