Gang of Eight Bill Rewards Lawbreakers and Undermines Law Enforcement

A thorough analysis of the Gang of Eight bill’s enforcement and compliance provisions by the Center for Immigration Studies finds serious flaws which will have public safety, national security, and enforcement implications. The extent of the problem is often hidden by S.744’s deceptive language; it contains misleading subtitles which mask the rewards and protection given to lawbreakers. Because the bill excuses nearly all forms of immigration and identity fraud for amnesty applicants, the proposed legislation compromises the integrity of our immigration system.

A detailed analysis, including an extensive table citing the relevant sections of the bill, is at: https://cis.org/vaughan/senate-bill-rewards-protects-lawbreakers-undermines-law-enforcement.

“The problems in the Schumer-Rubio bill are so extensive that it is difficult to imagine that an abbreviated mark up or amendment process would be sufficient to reduce its impact on public safety and national security,” said Jessica Vaughan, Director of Policy Studies at the Center. “The passage of narrowly focused bills allowing for more input from law enforcement agencies would be more prudent and help ensure that we don’t create the conditions for another terrorist attack or allow more foreign gangs and criminal organizations to gain a larger foothold in our communities.”

Among the extensive list of flaws:

• Public safety: The bill allows the legalization of aliens who have been convicted of up to three misdemeanors on separate occasions, not counting “minor” traffic offenses. This gives amnesty to aliens with multiple offenses for drunk driving, vehicular homicide, domestic violence, certain sex offenses, theft, identity theft, and other misdemeanors. And, the bill waives criminal offenses for amnesty applicants younger than 18, no matter the seriousness of the offense, and even if the offender was tried as an adult, which provides a loophole for teen-aged gang members to be legalized.

• National security: The bill fails to mandate the creation of entry and exit tracking at land ports, and puts off a biometric entry-exit system at and sea ports for 10 years. It will allow arriving aliens to be granted political asylum on the spot, without background checks or in-depth examinations of the claims. It permits the entry of anyone in a loosely defined “persecuted group,” regardless of security concerns. It allows the DHS Secretary to waive background checks before the issuance of work permits and benefits. It withdraws authorization for DHS to designate lists of countries with security concerns whose citizens require enhanced screening.

• Fraud: The bill forgives fraud committed by legalization applicants, including re-entry after deportation, use of false documents, skipping immigration hearings, and failure to depart when ordered. The bill provides no criminal penalties for application fraud, except for those applying as farm workers. It protects applicant information from law enforcement agencies.

View the Senate bill, and CIS analysis, testimony, and commentary on the bill, at: https://www.cis.org/Border-Security-Economic-Opportunity-Immigration-Modernization-Act.