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Securing the border must come first

Jon Kyl
Special for The Republic

the REPUBLIC
May. 28, 2006 12:00 AM

The problem of illegal immigration is the single-most important issue to Arizonans. Property owners along the U.S.-Mexican border are under siege. Violent crime is up over 100 percent along the border. Hospital, law enforcement, and public school budgets are under strain. And our porous borders are an open invitation to terrorists and criminals who seek to do us harm.

Twenty years ago, Congress approved a bill intended to stop illegal immigration. It granted amnesty to 3.2 million illegal immigrants, but the federal government utterly failed to follow through on securing the border or enforcing the law at the workplace. Instead, the amnesty only encouraged millions more to cross the border. We must not repeat that mistake.

Because the 1986 law was not enforced, the American people are right to ask whether the will exists to enforce any new law. Like the 1986 amnesty law, the legislation just passed by the U.S. Senate puts illegal immigrants on a pathway to citizenship before the border is secure or employment eligibility can be verified.

I voted against the bill in the Senate. It now advances to a House-Senate conference committee where conferees, including myself, will try to find common ground and develop a bill acceptable to both bodies.

The Senate did approve several amendments to improve the bill, including one I offered to bar individuals with criminal backgrounds or who failed to comply with an ordered removal from the U.S. from receiving the benefits of the legislation. The Senate also approved additional resources, a limit on the number of future workers, and enhanced fees on aliens to fund improvements in border and interior security.

But the bill is flawed in significant ways.

An amendment to ensure that the border is secured before the benefits of legalization are extended to those who are here illegally was defeated. So was an amendment to make it easier to prosecute illegal immigrants who lie on their applications for immigrant status.

Yet the Senate did adopt an amendment that would actually make it easier for illegal immigrants to file frivolous petitions with the courts to delay their removal.

More fundamental problems exist with enforcement and implementation. Will Congress and the President renege on the promise of enhanced border infrastructure? President Bush has now asked that funds already approved for border infrastructure improvements be diverted to short-term border operations. If we are truly serious about securing the border, we have to be willing to spend what it takes.

That means finding a way to pay for both infrastructure and short-term operations, not one at the expense of the other.

Second, we need a bill that gives employers an easy-to-use and secure electronic-verification system.

Third, the Senate bill establishes a "temporary" worker program, but authorizes those workers to convert to permanent residency and citizenship. That's not a temporary worker program.

We need comprehensive reform of our immigration system, and now is the time to do it. I look forward to the opportunity to work for a final agreement that will ensure immigration is addressed in a way that protects our security, meets our employment needs while being fair to American workers, is humane and just, and strengthens the rule of law.



Jon Kyl is a U.S. senator representing Arizona