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Rep. Jeff Flake: It's not amnesty, and it's not a roundup

By Dallas Morning News
Posted on Thursday July 28, 2005

Rather, it would fine illegal immigrants and have them get in line for residency

A quick scan of newspaper articles on immigration reform would have you believe that Congress faces a huge divide, with one faction wanting to seal off the border with the military while another faction is willing to throw the doors wide open. A closer examination reveals a more complex picture, of course. There is much more that unites than separates Congress on this issue.

First, while there is still talk in some quarters about “sealing the border,” most members of Congress recognize that this is not likely. With many communities intertwined on either side of the border and tens of thousands of legal crossings occurring on any given day, our southern border doesn’t exactly lend itself to “sealing.” Further, nearly half of those who are in the United States illegally didn’t sneak across the border. Rather, they entered the country legally and have overstayed their visas. Over the past 15 years, we have tripled the size of the Border Patrol and increased its budget tenfold. And still they come. Clearly, border enforcement alone won’t solve our illegal immigration problem.

Second, nearly all of us recognize that we have significant labor needs in the United States that are being met by foreign workers. And our need for more workers will increase, not diminish, in the coming decades. Most economists believe that an unemployment rate of around 5 percent signifies “full employment.” That’s roughly where we are today. If we want a growing economy, we’re going to need more workers.

Third, while it might be popular on talk radio or the Internet to say that we ought to “round ‘em up and ship ‘em back,” there isn’t exactly a glut of legislation in the hopper to accomplish this objective. In fact, Rep. Tom Tancredo of Colorado, the most vociferous advocate in the Congress of enforcing immigration laws, was quoted recently conceding in a newspaper interview: “No one is talking about mass deportation.”

So, despite rhetoric to the contrary, there is a fairly broad consensus in Congress that we need comprehensive, rather than piecemeal reform. Two comprehensive immigration reform bills have been introduced this session. The first is legislation I have authored with Reps. Jim Kolbe and Luis Gutierrez, along with Sens. John McCain and Edward Kennedy. The second was recently introduced by Sens. John Cornyn and Jon Kyl.

Perhaps the most notable difference between these bills is the treatment of illegal aliens who are already here. Neither bill offers amnesty, which would reward those here illegally with a shortcut to legal permanent residency, as happened in 1986. The McCain-Kennedy-Kolbe-Flake-Gutierrez bill would impose a $1,000 fine and would send those who seek legal permanent residency to the back of the line. Those wishing to adjust their status after six years would be required to pay another $1,000 fine, as well as any back taxes that have accrued.

The Cornyn-Kyl bill would offer incentives for illegal aliens to “voluntarily depart” the country before immediately returning as temporary workers if there are jobs available for them. Those leaving and returning in the first year would receive no fine. Those leaving in later years would be fined incrementally.

Having a “return home” policy may have some political appeal, but as a practical matter, it is likely to simply delay enforcement of the new law. The Cornyn-Kyl bill contemplates a five-year period in which illegal workers in the country could decide whether to participate in a temporary worker program or continue to work in the shadows.

The McCain-Kennedy-Kolbe-Flake-Gutierrez bill, on the other hand, envisions a much faster transition. While both bills provide for severe employer sanctions, under the Cornyn-Kyl bill, such sanctions would ostensibly be delayed for five years while illegal workers decide whether to return home.

Whatever their differences, the introduction of these bills has already prompted long overdue congressional hearings on immigration reform. One hearing has already been held in the Senate. More are sure to follow in the House of Representatives.

Let the debate begin!

Republican Rep. Jeff Flake of Arizona is serving his third term in the U.S. House of Representatives. He is a member of the House Judiciary Committee. Readers may contact him through www.house.gov/flake.