After two weeks of hyperbole, debate, and emotion the fate of the McCain/Kennedy/Bush comprehensive immigration reform bill hangs in the balance. Unfortunately while most  would expect a bill which places the interest of American voters and taxpayers first, the rights of legal applicants second, and accommodation of illegal entrants third this is clearly not the case as our elected representatives, with few exceptions, pander to the illegals and the special interest groups which support them. This is unfortunate as fair, compassionate, and workable solutions exist, two of which will be summarized herein.

  We are now at a very critical crossroad as the advocates of this fundamentally flawed and unworkable bill are again at work behind closed doors and will exert extreme efforts in an attempt to formulate another coalition, launch another public relations campaign as cover for this bills support, and re-introduce it with the hope they can achieve its approval with limited debate and without further exposing its treachery to the American people. Americans should carefully consider what we are told this bill achieves versus what it really does, and does not do: 

While significantly enhanced border security, rigorous employer sanctions, a tamper proof identification system, and expanded detention facilities are emphasized by the proponents of this bill it fails to fund, or assure the funding, of any of these provisions. The inference that nothing will happen until the border security "triggers" are met is misleading as this applies only to the temporary worker provisions of the bill and has no impact on the  twelve to twenty million "Z" visa applicants who will be placed on an immediate path to citizenship.

A six month implementation period followed by a twelve month registration period is stipulated for the "Z" visa applicant program. Over this eighteen month period (with the provision that it may be extended an additional twelve months if required) a moratorium against arrest or detention of illegal residents will be in effect. As the minimum standard of proof that they were present in the U.S. prior to the January 1, 2007 registration deadline is a note signed by four non relatives the bill effectively assures that millions of additional illegals will cross the border during this moratorium period, obtain a fraudulent note from four non relatives and be issued a "Z' visa. This de-facto open border window both facilitates and encourages a massive flood of additional illegal entrants who will gain a legal path to citizenship. The current bill addresses no plan to deal with this critical loophole.

  After two weeks of effort to improve the bill through the amendment process little has been achieved, the underlying bill as amended still permits certain classes of convicted criminals, child molesters, repeat drunk drivers, known criminal gang members, those with ties to terrorist organizations, and those who have violated deportation orders to be eligible for a "Z" visa.   

  Although forty percent of the current twelve to twenty million illegals in country are temporary visa overstays the Senate has refused to implement an exit visa program which would alert authorities to the violators. Absent this system we have no visibility as to the identity or number of these violators. Those entering our country on temporary visas will continue to overstay, remain undetected, and add to the current illegal immigrant population.

  "Z" visas will be issued contingent upon the applicants passing a twenty four hour background check. We should severely question this almost useless process. While the Government is unable to issue a passport to a U.S. citizen in less than four months they propose to vette an illegal alien in one day. This process is little more than disingenuous political cover intended to make us feel like something responsible was done.

  Only after a heated debate were the temporary workers exempted from eligibility for earned income tax credits and "Z" visa holders remain eligible for these benefits.

  The Temporary Worker program is structured so that annual spousal visitation rights will ensure that their children may be born in the U.S. at taxpayer expense, become U.S. citizens, and petition for permanent admission of their parents under the chain migration provisions of the current immigration laws. 

 While supporters of the bill would like you to believe that chain migration will be significantly truncated in favor of a skill based admission policy they fail to add that this provision does not take place for eight years during which the rate of chain migration admissions processed will be increased fourfold when compared to current levels. Even after this eight year period expires only an approximate thirty percent of visa applications approved will be based on skills.

  A proposed amendment which would require all "Z" via holders and temporary workers to be covered by a high deductible health insurance plan which would cover catastrophic health care cost was rejected. Even though the illegals export billion of dollars annually to their relatives in Mexico it was concluded that neither they, or their employers could afford the $65 - $100 monthly for such coverage. The American taxpayer will therefore continue to bear the full burden of their health care cost.

    Even the assumption that "America needs these workers" is somewhat suspect. When Walmart receives 25,000 applicants for 500 low paying, unskilled, jobs every time they open a new store it would seem to infer that an adequate supply of labor exist. Conversely it is very clear that adding millions of temporary workers to the labor pool will suppress wages for American workers and burden American taxpayers. Might we prefer to pay a few cents more for a head of lettuce while employing Americans at a livable wage? The increased cost of goods and services would be insignificant when compared to the hidden cost the illegal alien population has imposed on our schools, health care system, automobile insurance rates, justice system, and social services.   

  While these represent only a few of the more onerous provisions of the Senate bill they should serve to characterize the flavor of this legislation, the disdain of our legislators for the rule of law, the disregard of the legal applicants for admission to the U.S. and the arrogant disdain for the American voter and taxpayer. This bill will accomplish little more than facilitating immediate amnesty for millions of illegal entrants, provide no workable solution for curtailing the continuing influx of millions more and cost the U.S. taxpayer an estimated $2.2 to $2.5 trillion over the next twenty years.

 We should not be duped by the assertion that this bill represents the only solution or the claim that if this bill fails we are forever destined to accept the current situation, there are rational, effective, and fair alternatives available and Americans should demand that they are pursued. Both our cultural and financial survival hang in the balance. America deserves more!

Both the fundamental causation and solution are quite clear. Illegal aliens are invading America in the hope of acquiring the benefits of both citizenship and employment. If our elected officials were not driven by pandering for votes, rewarding their special interest groups, and serving their political self interest they might consider the obvious options.

  Without revisiting the nuts and bolts issues discussed above two fundamental alternative approaches would deserve consideration as cornerstones for a fair and workable baseline from which to construct a comprehensive plan. Both would eliminate the two principle incentives which create illegal immigration. Absent these incentives illegal alien traffic should be expected to be reduced by over ninety five percent which would significantly lower expenditures for additional security measures and allow the Border Patrol to focus on the remaining five percent who would be high risk entrants, typically terrorist or drug traffickers. The disincentives to crossing the border could be further enhanced by making future illegal entry a felony offense disqualifying violators from future consideration as temporary workers or citizenship gained through our existing immigration laws.

   The first option would establish a clear policy of no amnesty and create legislation which would require the Social Security Agency to implement an employer accessible on line instant check system. This system would compare applicant name, date of birth, and social security number to the agency’s existing data base. If the social security number was invalid, did not match the applicants name and date of birth, or duplicated an existing payee or beneficiary, the employee applicant would be deemed ineligible for hire. Employers found in violation of this instant check system would be subject to severe penalties. While these Social Security audits are not foolproof they would identify the great majority of ineligible employees and confirm our intent to enforce employer sanctions. With no prospect for citizenship or legal employment most illegals would self deport and the incentive for continuing illegal immigration would be eliminated. 

For those who prefer a more compassionate solution a second option could be considered which would provide accommodation for the illegals presently in country and who have a clean criminal record and work history. This approach would enable qualifying aliens who could prove their presence in the U.S. prior to a specified cut off date, to be granted a permanent resident visa contingent upon maintenance of a clean criminal history and work record but would not be provided any pathway to citizenship and no chain migration rights. They would be permitted to obtain legal social security documentation which would facilitate determinization of eligibility for employment and participation in the Social Security system.                                                 

  Over time it would be desirable to upgrade our Social Security system by issuing biometrically based identification cards. This would enhance the initial employment screening procedure described above but is a workable plan only if every eligible worker, including all native born Americans are issued such a card. If the only individuals issued this card are the "Z" visa holders, illegal job applicants will merely claim they are citizens and continue to support their employment applications with fraudulent documentation, native born Americans, primarily Hispanics, would predictably faced with racial profiling and workplace discrimination being denied jobs by employers fearing the risk of hiring an ineligible worker. The current plan is silent on this issue, perhaps they have overlooked the problem or hope we do. Issuing over 300 million such cards will take the government a very long time during which no effective solution to the critical issue of workplace enforcement will exist.  

  To the extent that a temporary worker program is justified it could be structured to augment either of the options above. It should however be structured similar to that which has proven to be very successful in Canada where each employee returns home for a month or more each year and may continue to re apply annually. Spousal visitation rights are not a feature of this plan. This would eliminate the predictable birthing of their children in the U.S. at our expense.

  Americans deserve more, we should demand a fair and workable solution which respects the rule of law, honors the rights of those standing in line to immigrate legally, and which protects America's future. This bill does not, and is so fundamentally flawed that it cannot achieve these common sense objectives. Absent an unprecedented outcry from American voters this bill will become law, the result will be both tragic and irreversible.