EARNING CITIZENSHIP

By Michelle Malkin

Illegal immigrants hop the border fences and head for the storm drains on their "path to citizenship:"

Armando Reyes climbed over the border fence and prepared for the dash into San Diego. But his smuggler instead led him and four other migrants through a patch of reeds to a stinky drainage pipe, and ordered them inside.

The black sludge reached Reyes' chin as he crawled through the shoulder-width tube. Rats scurried by. Terrified of losing his way in the darkness, Reyes reached for the illegal immigrant in front of him and clutched his sneaker.

The stocky 28-year-old from Oaxaca had followed the smuggler into a vast labyrinth of drainage pipes under Otay Mesa, a booming commercial area of San Diego 15 miles southeast of downtown.

The 23-mile network leads to about 500 manholes scattered across about three square miles. From those openings into the bowels of the city, mud-covered migrants crawl out into streets, busy intersections and parking lots, creating a dizzying guessing game for U.S. Border Patrol agents.

"They're popping up all over the place," said Joe Perez, the agent in charge of the area.

The migrant traffic below truck-clogged streets and new office parks underscores the persistence and desperation of people faced with crossing one of the most heavily fortified sections of the border.

Illegal crossings will soon get even tougher. President Bush is sending 6,000 National Guard troops to the border, Congress is mulling its own enforcement plans and starting next month this busy frontier across from Tijuana will be monitored by remote surveillance cameras.

So the underground beckons.

The tunnels channel rainwater out of flood-prone areas, but when the waters aren't running, the waves of migrants flow, a phenomenon that has bedeviled agents for years and has gotten worse recently as aboveground routes have become more heavily patrolled.

The cat-and-mouse game took an ironic turn last month when migrants even surfaced outside the offices of the U.S. Border Tunnel Task Force. Those manhole covers — one in a secured parking lot — were welded shut after that, one of them also topped with three 35-pound bags of rocks and gravel.

But six more manholes, all potential escape hatches, lie within a block of the federal facility.

"They're all interlinked, so you never know where they'll come up," said David Badger, a Border Patrol supervisor.

Other border cities have wrestled with similar situations, most notably Nogales, Ariz., which is linked underground to Nogales, Mexico, by two large storm-drain tunnels patrolled regularly by heavily armed agents.

Unlike Nogales, the drainage system under Otay Mesa doesn't extend into Mexico. But most of the tunnel outlets are just a quick run from the border. Illegal immigrants typically traverse the pipes, many of which are 2 to 3 feet in diameter, at night, sometimes crawling for hours. Vehicles waiting on deserted streets then whisk them to stash houses.

Border Patrol agents have arrested hundreds of migrants exiting storm drains in the last year but don't know how many get through. Some estimate that thousands make it.

Mexican President Vicente Fox cheers (hat tip: Allah):

Mexican President Vicente Fox praised Mexican immigrants for pushing Washington on immigration reform on Friday, the last day of a U.S. trip during which he drew Republican barbs over the issue.

"We know about their contributions to this economy and to this country. We know about their loyalty to those who they work for," Fox said in a speech.

On Thursday, the U.S. Senate backed an immigration bill that would give millions of illegal immigrants a chance to become American citizens.

"They fought for it. They earned what they got yesterday," Fox told a California Chamber of Commerce audience.

NOTE TO FOX: THEY'RE YOUR FUCKING CITIZENS!!!!!!

Mark Steyn is not clapping:

Aside from the entitlement explosion and the national security issues, this bill is a cynical corruption of the integrity of US sovereignty and citizenship. My wife and the kids had their Green Cards stolen the other day. Cost of replacement of legal permanent resident cards: $1,040. Fine for 20 years of law-breaking within the United States: $2,000, less Social Security and EITC entitlements. Hmm. I told the missus to hold off filling in the form for the replacement card. Having been rendered inadvertently undocumented, she may at last be in the winning category.

MEET THE FOCKERS

Meet The Fockers

By Greg Tinti

The Senate just passed the immigration "reform" bill with a vote of 62-36. In light of that news, meet the Republicans that voted for this monstrosity:

Bennett (R-UT)
Brownback (R-KS)
Chafee (R-RI)
Coleman (R-MN)
Collins (R-ME)
Craig (R-ID)
DeWine (R-OH)
"Little Pete" Domenici (R-NM)
Frist (R-TN)
Graham (R-SC)
Gregg (R-NH)
Hagel (R-NE)
Lugar (R-IN)
Martinez (R-FL)
McCain (R-AZ)
McConnell (R-KY)
Murkowski (R-AK)
Smith (R-OR)
Snowe (R-ME)
Specter (R-PA)
Stevens (R-AK)
Voinovich (R-OH)
Warner (R-VA)

Super. To paraphrase George Will, for this we need a Republican Senate??

Meanwhile, Michelle Malkin has a round-up of news coverage.

And Allah provides the requisite snark.

California Conservative: "Two words: Dios mio."

SENATE PASSES AMNESTY BILL FOR ILLEGAL ALIENS

AP reports: “Legislation to secure U.S. borders and offer millions of illegal immigrants access to the American dream cleared the Senate on Thursday, a rare election-year reach across party lines and a triumph for President Bush. The 62-36 vote cleared the way for arduous summertime compromise talks with the House on its version that focuses on border enforcement — with no guarantee of success.” (Photo credit)

Two words: Dios mio.

Our “elected leaders” in Washington have gone bandito, exercising a total disregard for the clear majority will of the American people. How should legal voters (and taxpayers) respond to this recklessness?

“Why not say to those undocumented workers who are working the jobs that the rest of us refuse, come out from the shadows,” said Arizona Republican John McCain, a key architect of the bill.

Barf. Newsflash to McCain: They’re not your amigos, and they’re still not going to vote for you.

UPDATE:
Michelle Malkin: “Any hope now rests with the House.”

Chris Simcox, President of the Minuteman Civil Defense Corps (“MCDC”), issued the following statement on the passage today of an illegal alien amnesty bill by the U.S. Senate:

“The vote to give amnesty to millions of illegal aliens by the United States Senate today, should it pass into law, would ensure that the status quo is maintained: the borders would remain wide open and the attractive nuisance of endless welfare and social programs at the expense of the American taxpayer would remain. Those climbing over the backs of those waiting patiently to abide by our laws; and instead breaking the law, illegally entering this country, and committing document fraud; those not paying taxes; and those hiring illegally would be granted full amnesty. American citizens would, of course, still be subject to prosecution for document fraud and tax evasion. This sends the message that if you play by the rules, you suffer; if you enter the United States illegally, you are not subject to the rule of law.

“The American people do not trust the government to grant amnesty now and secure the borders later. We already went down that road in 1986, and the borders remain wide open still today.

“Their constituents are watching, and these Senators will pay the price come election time. We are now focusing our attention on the House of Representatives where we do not expect amnesty to pass. The House is more respectful of their voters, as they stand for re-election every two years. The arrogance and cavalier disregard of the will of the American people by this Senate will not be forgotten—there will be an accounting. The American people are still sovereign in this country, not a gaggle of politicians pandering to their special interest donors.

“The existing border crisis is a dereliction of duty by those entrusted with this nation’s security, sovereignty and prosperity. The U.S. Senate just left America vulnerable to a tsunami of migrants at the border, to terrorist infiltration and to an unprecedented crime wave by drug smugglers, thieves, rapists, human traffickers and murderers who cross our frontier at will—and whose bravado and aggression will now increase with the Senate’s message of our apparent national weakness.

“But the Minutemen will remain on patrol, at our posts—and continue to build border fencing and barriers on private land with private donations until the U.S. government performs its most basic constitutional duty to these United States, and safeguards the people and protects the territorial integrity of America.”

UPDATE:
LaShawn Barber: “Republicans are funny”
(but we ain’t laughin’)

AMNESTY PASSES

By Michelle Malkin

Vote was 62-36.

Here's the lowdown.

Any hope now rests with the House.

Start here.

***

News coverage:

Bloomberg...

The Senate's 62-36 vote sets up a clash with the House, which in December approved legislation that emphasized strengthening barriers at the U.S.-Mexico border and didn't account for guest workers or undocumented immigrants.

The congressional debate on immigration has sparked demonstrations across the nation by people demanding immigrant rights, while creating an election-year breach between Republicans who want to focus on border control and those who back new immigration programs.

President George W. Bush, seeking to bridge that divide, has pledged to deploy National Guard troops on the border to boost security, while backing the creation of both a new guest-worker program and a path for undocumented immigrants to gain citizenship.

More than 1.1 million people were caught trying to illegally cross the U.S.-Mexico border in 2004 and an estimated 11 million undocumented immigrants now live in the U.S.

Guest Workers

The Senate measure would allow as many as 200,000 low- skilled workers a year to come to the U.S. and do jobs for which companies can't find American workers. It also provides a path to citizenship for many of the undocumented immigrants if they pay a $3,250 fine and back taxes, learn English, and pass a background check.

The treatment of those in the country illegally was one of the most contentious points of debate among senators and will be an obstacle in negotiations with the House, lawmakers said.

``It is an amnesty bill, or a legalization bill, that I think is just fundamentally unfair,'' Pennsylvania Republican Rick Santorum told reporters. ``There are very serious problems with this legislation that I hope the House of Representatives will address.''

AP:

Majority Leader Bill Frist, R-Tenn., and the Democratic leader, Harry Reid of Nevada, both sided with supporters, a reflection of the bipartisan backing for a bill that was months in the drafting and survived several near-death experiences.

Conservative critics attacked the legislation to the end after trying unsuccessfully to pull it apart with amendments.

"This bill will not secure our borders," said Sen. Jeff Sessions, R-Ala., one of the most persistent critics.

"This is amnesty," added David Vitter, R-La., who tried last week to strip out provisions relating to citizenship.

Not so, said Sen. Arlen Specter, R-Pa., chairman of the Judiciary Committee, in a rebuttal to weeks of debate. "They have to pay a fine. They have to undergo a criminal background check. They have to pay back taxes, they have to learn English and they have to go to the back of the line," he said, referring to illegal immigrants who would apply for citizenship.

Still, Sessions, Vitter, John Cornyn of Texas and others echoed a view widely held among House Republicans, many of whom have vigorously denounced the Senate bill as well as Bush's call for a "comprehensive approach" to the issue.

WaPo:

"This is not the final scene of this blockbuster that we have on the Senate floor," Senate Minority Leader Harry Reid (D-Nev.) warned before the vote began late this afternoon. "There is another act to go."

GOP Majority Leader John Boehner statement just received via e-mail:

The American people expect Congress to secure our borders and stop the flood of illegal immigration, and House Republicans responded by passing a strong border security bill that re-establishes basic respect for our immigration laws. Now that the Senate has passed a bill, we owe it to the American people to seek common ground on responsible solutions, while always stressing our most important priority is to secure our borders and stop illegal immigration.

"I'm committed to working with Chairman Sensenbrenner, Chairman King, and House Republicans to ensure we produce a strong bill that meets our commitments to the American people. I would urge House Democrats, who have constantly advocated troubling policies that encourage open borders and invite more illegal immigrants into our country, to join us in supporting a strong bill that addresses the concerns of the American people and makes our borders more secure."

GOP Rep. Mike Pence statement just received via email:

"The Senate has passed an amnesty bill. Amnesty by any other name is still amnesty. The American people do not support amnesty for illegal immigrants.

"This does not mean, however, that we cannot work together to find a solution to the problem of illegal immigration. The real rational middle ground can be found in a bill that is tough on border security, employer enforcement, and contains a no-amnesty guest worker program run by the private sector."

More statements...

Sen. Tom Coburn:

“The American people have been demanding that their elected officials take action to limit illegal immigration first by securing our borders, then by addressing guest worker reform. Unfortunately, this bill reversed those priorities. Rewarding illegal immigrants with amnesty without taking adequate steps to secure our borders is the wrong way to address this problem,” Dr. Coburn said.

“America is a welcoming nation that was built by immigrants, but it is also a nation governed by the rule of law. Rewarding illegal immigrants with a clear path to citizenship and voting rights is unfair to the millions of individuals who immigrated to this country legally. This approach will also make the problem of illegal immigration worse, which is precisely what happened after Congress passed a similar law in 1986,” Dr. Coburn said.

“It is impossible for Congress to accurately assess our need for guest workers before we have taken the steps necessary to secure our borders. It is important for Congress to understand that the public will not trust us on this issue until our borders are secure. Once we take that step, I believe the American people would support a compassionate and common sense plan for dealing with our need for guest workers and the 12 million illegal immigrants who are already here,” Dr. Coburn said.

The Senate today also voted to weaken a provision Dr. Coburn added in the Judiciary Committee that would have made it easier for federal officials to deport illegal immigrants who had committed crimes. Each year, the Oklahoma prison system spends an estimated $11.7 million to incarcerate illegal criminal immigrants.

Rep. Lamar Smith of Texas:

Congressman Lamar Smith (TX-21) expressed disappointment over the Senate-passed immigration bill that rewards illegal immigrants with amnesty and eventual citizenship. The "Comprehensive Immigration Reform Act of 2006" passed the United States Senate on May 25, by a vote of 62-36.

"It's hard to justify legislation that would reward millions of law-breakers, attract more illegal immigrants, and depress American workers' wages," said Congressman Smith. "The Senate bill may be good for other countries and foreign workers, but it's not good for America and American workers."

Although the bill contains some enforcement measures, Smith questioned, "How can a government that has not enforced current immigration laws be expected to enforce new ones?"

IF IT WALKS LIKE A DUCK, AND IT QUACKS LIKE A DUCK THEN IT'S AMNESTY

MEESE: IT IS AMNESTY

By Michelle Malkin

***scroll for updates...958am EDT: Senate voting on whether to kill the McConnell amendment to the immig bill, which would require voting identification (hat tip: Nighthaven)...motion to table is not agreed to...1000am EDT: Here we go on cloture vote...clerk will call the roll...1020am cloture motion passes; Allah fills in details...Meese blogger conference call: "There are a lot of bombs in the bill" including an amendment to prevent local police arrests of suspected illegal aliens based on illegal immigration status ...John Hawkins' report...McConnell amendment dead?***

Ed Meese III, attorney general of the United States from 1985 to 1988 and Heritage Foundation fellow, calls out the amnesty-deniers this morning in the NYTimes. As the AG who presided over the Reagan amnesty of 1986, he (unlike most of the pols blubbering that their amnesty is not an amnesty) knows what he's talking about:

In the mid-80's, many members of Congress — pushed by the Democratic majority in the House and the Select Commission on Immigration and Refugee Policy — advocated amnesty for long-settled illegal immigrants. President Reagan considered it reasonable to adjust the status of what was then a relatively small population, and I supported his decision.

In exchange for allowing aliens to stay, he decided, border security and enforcement of immigration laws would be greatly strengthened — in particular, through sanctions against employers who hired illegal immigrants. If jobs were the attraction for illegal immigrants, then cutting off that option was crucial.

Beyond this, most illegal immigrants who could establish that they had resided in America continuously for five years would be granted temporary resident status, which could be upgraded to permanent residency after 18 months and, after another five years, to citizenship.

Note that this path to citizenship was not automatic. Indeed, the legislation stipulated several conditions: immigrants had to pay application fees, learn to speak English, understand American civics, pass a medical exam and register for military selective service. Those with convictions for a felony or three misdemeanors were ineligible. Sound familiar? These are pretty much the same provisions included in the new Senate proposal and cited by its supporters as proof that they have eschewed amnesty in favor of earned citizenship.

The difference is that President Reagan called this what it was: amnesty. Indeed, look up the term "amnesty" in Black's Law Dictionary, and you'll find it says, "the 1986 Immigration Reform and Control Act provided amnesty for undocumented aliens already in the country."

Like the amnesty bill of 1986, the current Senate proposal would place those who have resided illegally in the United States on a path to citizenship, provided they meet a similar set of conditions and pay a fine and back taxes. The illegal immigrant does not go to the back of the line but gets immediate legalized status, while law-abiding applicants wait in their home countries for years to even get here. And that's the line that counts. In the end, slight differences in process do not change the overriding fact that the 1986 law and today's bill are both amnesties.

As rank-and-file immigration enforcement officials have reported over the years, the 1986 amnesty resulted in massive document fraud, increased illegal immigration, and abysmal non-enforcement of employer sanctions. Meese adds:

After a six-month slowdown that followed passage of the legislation, illegal immigration returned to normal levels and continued unabated. Ultimately, some 2.7 million people were granted amnesty, and many who were not stayed anyway, forming the nucleus of today's unauthorized population.

So here we are, 20 years later, having much the same debate and being offered much the same deal in exchange for promises largely dependent on the will of future Congresses and presidents.

Will history repeat itself? I hope not. In the post-9/11 world, secure borders are vital. We have new tools — like biometric technology for identification, and cameras, sensors and satellites to monitor the border — that make enforcement and verification less onerous. And we can learn from the failed policies of the past.

President Bush and Congress would do better to start with securing the border and strengthening enforcement of existing immigration laws.

Messe also recommends trying to "[improve] on Ronald Reagan's idea of a pilot program for genuinely temporary workers." But not, I would clarify, before enforcing existing laws and ensuring that all the existing temporary worker programs are, in fact, temporary.

Meese is scheduled to hold a blogger conference call this morning at 10:30am. I'll report back later.

1050am EDT: Meese and Heritage Foundation's Matthew Spaulding review 1986 amnesty...Meese advocates increased interior enforcemend, strengthened employer sanctions...possible private sector outsourcing for a bona fide temporary worker program after immigration enforcement takes place...more local-state-fed police cooperation...amnesty vs. mass deportation is a false choice...

***

David Orland is tracking all the latest developments in the Senate over at The Immigration Blog. The Senate is scheduled to hold a cloture vote today. David writes:

Simply killing the cloture motion would be a victory in itself. A defeat for Frist would mean more debate, and that's just what's needed.

Here's what I've told my representatives: no Senator who votes for cloture will have my vote in future elections and, should the bill pass, only candidates who advocate its repeal will receive my support.

Contact Senators here. A Certain Slant of Light has a list of 41 senators key to defeating the motion for cloture. Act now or forever hold your peace.

Tom Bevan looks at the Senate provision allowing illegals to pay back taxes before getting their pardon and asks: "Are We Going to Treat Illegals Better Than U.S. Citizens?"

Sen. John Cornyn has more:

Supporters of the ‘compromise’ immigration bill claim that it does not provide amnesty for those here illegally, in part, because illegal immigrants would have to pay "all back taxes."

But DID YOU KNOW that:

1. An illegal immigrant would not have to pay any back taxes until after the first eight years of amnesty? They could stay in the country for eight years without paying any back taxes at all. No back taxes would be required until "adjudication of an application for adjustment of status." In other words, they don’t pay any taxes until their application for a green card is approved—and even then there would be no penalties or interest charged.
2. Illegal immigrants would not have to pay "all back taxes" as the bill’s supporters claim? Rather, they would only be required to pay taxes owed for three years of past work.
3. Illegal immigrants under the age of 20 would not be subject to any back taxes? Illegal immigrants under the age of 20 are exempted from the bill’s employment requirements and therefore not subject to payment of any tax liability.

[Comprehensive Immigration Reform Act of 2006 (S. 2611), Pg. 351: "Not later than the date on which status is adjusted under this subsection, the alien shall establish the payment of all Federal and State income taxes owed for employment during the period of employment required under subparagraph (D)(i).."]

[Comprehensive Immigration Reform Act of 2006 (S. 2611), Pg. 347: "The alien shall have been employed in the United States, in the aggregate, for…at least 3 years during the 5-year period ending on April 5, 2006"]

[Comprehensive Immigration Reform Act of 2006 (S. 2611), Pg. 347: "The employment requirement in clause (i)(I) shall not apply to an individual who is under 20 years of age on the date of enactment…"]

***

Previous:

Read my lips: No new amnesty
Amnesty for all
The definition of amnesty
A White House betrayal
It's the fraud, stupid
Fraud, fraud, everywhere

ARNOLD YOUR ABOUT TO LOSE MY VOTE TOO

Fox: “Walls Won’t Fix Problem”

Vicente, they might not but I’m willing to take a chance they will. Call me stubborn about that. Here’s the AP’s Brock Vergakis’ report:

Kicking off a four-day, three-state tour, Mexican President Vicente Fox said Tuesday that his nation wants to be part of the solution in the immigration debate, not the problem. “We don’t set up walls, and that’s not the way you’re going to fix this situation,” Fox said in Spanish to representatives of groups active in Utah’s Mexican community. “It’s not with fences that we are going to solve this problem.”

He’s right to the extent that the real, longterm solution is to rid Mexico of its corruption so that it can become a prosperous nation. Another part of the solution is in cracking down on businesses that hire illegal aliens. If we make the hiring of illegal aliens such a costly venture, that market will dry up in a hurry.

In the interim, though, a wall with lots of Border Patrol watching the border for any hint of movement is a fine ‘interim’ solution.

Working together, Mexico and the U.S. can improve the quality of life for citizens in both countries, he said. “The future of North America must guarantee great competitiveness, greater regional security, greater availability of energy, greater trade exchanges and, naturally, a greater well-being for all of its inhabitants,” said Fox, who is also scheduled to visit Washington state and California this week. He spoke of the steps he has taken to strengthen the Mexican economy and the democratization of his country.

I don’t want to belittle what President Fox is saying because those things are important. But the Mexican economy isn’t creating a viable middle class. Until it’s creating that healthy middle class, people will flee Mexico for America’s prosperity in droves.

RELATED:
Gov. Schwarzenegger To Host Dinner
Honoring Vicente Fox