washingtonpost.com
Half-Measures

Post
Friday, May 6, 2005; A22



GIVEN THE absence of a meaningful, overarching federal immigration policy, it is perhaps not surprising that members of Congress have created a host of narrower, poorly conceived immigration policies to fill the vacuum. They did so by adding what was originally known as the Real ID Act onto a supplemental budget bill, the main purpose of which is to appropriate about $82 billion for operations in Iraq and Afghanistan and to pay for tsunami relief. The House passed the bill, with the immigration provisions, yesterday. The Senate is expected to pass it next week.

None of the bill's provisions involve major reform to immigration policy, and none will reduce the numbers of illegal immigrants in the country. They are instead targeted first at asylum-seekers, who account for a small proportion of immigrants. Although the language was modified in conference, the bill will still make it harder to prove claims of asylum, and easier for judges to issue deportation orders -- hardly the right message to send to the victims of religious and political persecution around the world.

The bill targets those states that have decided, for their own reasons, to issue driver's licenses to undocumented residents. Most did so for reasons of traffic safety and at the request of local law enforcement. But after this legislation goes into effect, any states that want their driver's licenses to be acceptable as federal identification cards -- meaning that they can be used to board planes or enter government buildings -- will be required to ask drivers for proof of legal residency. This will turn motor vehicle departments across the country into de facto enforcers of immigration law, add a huge bureaucratic burden and force many states to set up dual systems -- in effect making states pay for federal policy failure.

Finally, and just as odiously, the bill gives the secretary of homeland security the right to waive any law that might stand in the way of constructing a security fence along the southern border. No court can intervene, except on constitutional grounds. Although the measure is aimed primarily at environmental laws, it sweeps aside all other legislation as well, in a true sign of contempt for the rule of law. Yet even this measure is unlikely to have much impact on the number of illegal immigrants in this country. It would be far better for Congress to focus its energies on more permanent immigration solutions, and not waste time with such misdirected half-measures.