The Cornyn-Kyl Bill (S. 1438)—The Same Old Arizona Amnesty Sham!

[Also by Juan Mann on the amnesty

08/11/03 – The Arizona Amnesty Bill—Two Disasters In

01/19/04 – The Bush Betrayal And The Arizona Amnesty

08/30/04 – Amnesty Betrayals Past And Present —A Handy
Reference Guide

Beware the "temporary"
worker, the "departing" illegal alien, and
smoke-and-mirrors ploys of feigned immigration law

Beware of S. 1438—the
"Comprehensive Enforcement and Immigration Reform Act of
by Senators

John Cornyn
(R-Tex.) and Jon Kyl (R-Ariz.). The bill
conceals a slickly-packaged rehash of the failed

Arizona amnesty plan
of two years ago
concocted by the Arizona trio: House members Jim Kolbe
and Jeff Flake, and

Senator John McCain.

Though the names have changed, the
Cornyn-Kyl bill and the 2003 Arizona amnesty plan both
contain the same deadly one-two punch against America. I

the key treasonous components to watch
out for in August, 2003:

  • a massive scheme to import new
    foreign workers into the United States, and

  • a sweeping amnesty plan for
    illegal aliens already in the United States.

The 2003 Arizona amnesty plan tried
to accomplish these nation-destroying goals through the
use of proposed non-immigrant visas, which I dubbed
"The Foreign Worker Importation Act of 2003"
visa) and "The Illegal Alien and

September 11th Hijacker
Adjustment Act of
(H-4B visa).

While the legislative packaging is
different now, the concepts remain unchanged.

The Cornyn-Kyl incarnation now uses
an outright "non-immigrant temporary worker program"
(Title V) and a hare-brained scheme called "deferred
mandatory departure"
(Title VI).

This "departure" scheme
gives the immigration agencies of the Department of
Homeland Security (DHS) a new excuse

not to deport illegal aliens
, while handing out all
the same benefits of

lawful permanent resident status
under-the-table to
outright illegal aliens and


Though masked behind some
tough-sounding "enforcement" provisions in the
Cornyn-Kyl bill, the same non-deportation and

job destruction
schemes are still there. So don`t be
fooled, as were

National Review
and the Federation for American Immigration
Reform (FAIR).

Regarding the temporary worker
importation scheme, NRO

that "allowing an unlimited number
of foreign workers to work for a maximum of six years .
. . would not be an amnesty."
And referring to the
scheme, they stated that "the bill`s
grace period for illegal aliens to pack up and leave is
too long . . . [a]lthough the idea of such a grace
period is sound."

The NRO editorial also quoted Dan
Stein of FAIR,

that S. 1438 "is a serious proposal that
merits consideration and we are giving it careful

But let`s take a reality check

Under S. 1438, more
foreign nationals and going to be allowed to come into
the United States to take

Americans` jobs for cheaper wages,
and more
illegal aliens are not going to be deported in order to
allow them to

find those jobs

So in order to avoid taking the
same old Arizona amnesty bait from Congress, ask
yourself this question about any immigration bill:
will the aliens be



Bottom line: follow the aliens!

The charade of "deferred
mandatory departure"
in S. 1438 is a perfect example
of an illegal alien non-deportation program

pretending to be enforcement.
The truth is that it
is permission to stay, rephrased as "not going".

In classic immigration bureaucracy
style, there will be nothing "mandatory" about
the Cornyn-Kyl bill`s DHS-approved "deferred
mandatory departure."
As long as the aliens are

out on the streets
of the United States—not
, that is—why would they ever leave? Are any
illegal aliens really leaving now?

If illegal aliens and criminal
alien residents are already absconding in droves from
orders of removal, what makes Congress think that any
aliens will actually leave the United States under any
DHS program that doesn`t involve physical detention and

And what does Congress think has
changed in the minds of illegal aliens to make them
suddenly want to go back where they came from on their
own . . . just because the program is called

The fact is the "deferred
mandatory departure"
sham isn`t designed to get
illegal aliens to leave at all.

It`s really a stealth welcome wagon
for illegal aliens so the DHS can make their stay in the
United States more comfortable, and allow them enough
time to find a "willing employer" to file an
application for an I-140 (employment petition) or even
for "temporary worker" status.

Under S. 1438, "deferred
mandatory departure"
is available for illegal aliens
and visa over-stayers who have been living and working
illegally for a year prior to its enactment.

Under the guise of "departure,"
the bill hands out these goodies to illegal aliens (S.
1438—Title VI):

  • A non-deportation pass—Five
    years of legal status for the applicants, their

    spouses and children.
    It`s a permit allowing
    illegal aliens to live legally in the United States
    . . . otherwise known as an amnesty from

  • A border crossing card—A
    travel document to come and go from the United
    States as they please during the "departure"
    period [JM note: A
    smoking gun!. . . revealing that the program is
    really about staying, not departing]
    . This
    means that illegal aliens can get their own special
    version of a border-crossing card.

  • An employment authorization
    card—Five years of employment authorization by the
    DHS. Who needs a "Green
    when you have one of these.

  • A Social Security
    Number—The DHS and the Commissioner of the Social
    Security System "
    shall implement a system to
    allow for the enumeration of a Social Security
    number and production of a Social Security card at
    the time the Secretary of Homeland Security grants
    an alien Deferred Mandatory Departure status."

So where`s the departure?

It is amnesty season again in
Congress, and analyzing immigration bills makes one feel
like a broken record. As I wrote two years ago about the
Arizona amnesty bill:

"Unfortunately, non-deportation of aliens in the federal
immigration bureaucracy is nothing new. The H-4B visa
[now resurrected as "deferred mandatory departure"] is
just one more below-the-radar amnesty program, and yet
another get-out-of-jail-free card in the

ongoing permanent amnesty
that is the Justice
Department`s EOIR [Executive Office for Immigration
Review] Immigration Court."

Under the Kyl-Cornyn bill, illegal
aliens wouldn`t ever see the EOIR Immigration Court,
because the DHS would hand-out the free non-deportation
pass before the EOIR could get involved. 

And of course, if these
"deferred mandatory departure"
aliens ever commit
crimes to make them really deportable under the
Immigration Act, or just fail to "depart," they
could still fall back on the EOIR litigation bureaucracy
anyhow—and file an application for asylum.

Then, the never-ending EOIR
process would begin . . . adding years of
employment in the United States to the so-called
period all over again.

So beware the "temporary"
worker, and the "departing" illegal alien.

And remember this new
litmus test for all future immigration legislation: will
the aliens be inbound or outbound? . . . and does the
bill deport (preferably

) illegal aliens and criminal alien

[VDARE.COM comment: But
don`t forget the other litmus test: What about
the 14th Amendment misinterpretation? Any
"reform" envisaging the presence of immigrants which

does not propose
ending the birthright citizenship/anchor
baby scandal
is another effort to transform this
country to the detriment of the native-born. Where is
that in Cornyn-Kyl?]

Juan Mann [send him
] is a lawyer and the proprietor of