Details on CIR ASAP amnesty: as bad as you'd expect, Part 1
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This post has excerpts from the first part of the outline of the "Comprehensive Immigration Reform for America's Security and Prosperity Act of 2009" (amnesty) that was unveiled today by Luis Gutierrez. The backstory and more details are here. The PDF containing the summary is available here ; bear in mind that the following is based on the summary and not on the bill text, and bear in mind that this is just the first part. Also bear in mind that the following is presented in the order in the PDF; some of the worst items are further below.
Prioritizes mitigating adverse impacts to federal, tribal, state, local and private lands, wates, wildlife and habitats by promoting cross-agency development of comprehensive monitoring and mitigation of ecological and environmental impacts of border security infrastructure and activity.
This is basically a (literally) open borders provision. Various far-left groups like Defenders of Wildlife and the Sierra Club and far-left politicians like Raul Grijalva have tried to reduce border enforcement through various questionable means; that provision would make it easier for them to thwart border enforcement.
Protection from [immigration detention] transfers that fail to consider health and access to counsel.
Certainly, in general that might make some sense, however this is yet another way that the far-left could monkeywrench enforcement, such as by filing nuisance suits; see Postville.
DHS will be required to... Issue regulations prohibiting apprehensions at enumerated community, education, and religious locations...
Once again, the far-left could tie the DHS's hands and the list of "sanctuaries" would probably be a bit extensive. For an example, see this and also the case of Elvira Arellano. (SEE THE UPDATE BELOW)
Provides temporary visas and work authorization for detained workers when they have been retaliated against by their employer for asserting their labor rights and they agree to pursue labor claims against their employer. Also expands U visas to provide for whistleblower protections with regard to worker exploitation, civil rights violations and retaliation for exercising labor rights.
Not to repeat myself, but this is yet another chance to thwart enforcement, in this case affirmatively: by obtaining a work permit. Expect illegal aliens to file bogus claims and sympathetic members of the judicial system to more or less let them get away with it.
Ending discrimination: Preempts any state or local law that discriminates against an individual based on immigration status or imposes sanctions on any individual or entity based on the immigration status of its clients, employees or tenants.
This is one of the hidden gems, in which they try to prevent things such as the Hazleton ordinances and those tried in Escondido, Farmers Branch, and others. The "employees" part would block Arizona's law that enables them to pull the business license of companies convicted of hiring illegal aliens.
The bill would also repeal 287g.
It would eliminate "the arbitary 1-year bar to applying for asylum". That would cause a lot of "asylum seekers" to finally decide to step forward.
Their work verification section doesn't sound that bad, but how it differs from eVerify isn't clear and it may just be "boob bait for Bubba". That remains to be seen.
The Visa Reforms section 'permits the "recapture" of unused employment-based visas and family-sponsored visas from fiscal years 1992-2008 and allows future unused visa numbers to roll over to the next fiscal year.' That's a boon for employers and that and the rest of that section would increase chain migration.
Permits an immigration judge to decline to order the removal of the parent of a U.S. citizen child if the judge determines that removal would not be in the child's best interests and the parent [isn't a criminal, terrorist, or trafficker].
Per this : In 2003, (Pew Hispanic) found that 2.7 million children had at least one parent who was in the country illegally. And, that provision could be used by any of those parents to stay here, limited only by the workload of those immigration judges. Yet another exploitable loophole.
Revises the eligibility requirements for sponsorship of immigrants by reducing the level of support required from 125% of poverty level to 100% of poverty level.
Needless to say, that would encourage even more low-skilled immigration and result in even lower living standards among U.S. immigrant communities.
The amnesty also has a game of chance: it creates "Prevent Unauthorized Migration" or PUM visas. 100,000 will be distributed in sending countries based on a lottery system. To enter the lottery they would have to be living in their own countries, and those who enter the lottery and don't win will probably respond just as you'd expect them to do: come here illegally. The winners would get a conditional residence permit and could get on the "path" after three years.
In order to get "Conditional Nonimmigrant Status", i.e. a residency permit that could lead to getting on the "path", all they'd have to do is:
* Be present in the U.S. on the day the bill passes. Some schemes have required someone to show they'd been here for a number of years, despite knowing how easy it would be to fake that information and despite the difficulties of deporting the 2 million or so more recent arrivals. Give Gutierrez credit for being open about wanting almost every illegal alien to be covered.
* Show that they're making "contributions to the U.S.", whether through "employment, education, military service, or other volunteer/community service". Needless to say, that covers a lot of ground.
* Those who'd been convicted of "serious" crimes in the U.S. or who were believed to have conducted a "particularly serious" crime abroad wouldn't be invited. That opens up legalistic loopholes, in which someone could complain about being accused of a crime without getting a trial or without getting one under their own system. And, most foreign countries aren't going to be scrupulous about properly identifying those who are suspected of crimes. Another loophole.
The "Earned Adjustment" is the next step, and doesn't look very difficult at all. While they include completing "English and civics requirements", no details are provided and the requirements are probably light.
After the amnesty passes, they'd all have to wait six years to clear the backlog; for why that's fallacious, see immigration line.
The DREAM Act amnesty would be more or less incorporated into the bill, and would include anyone up to 35 years of age as long as they were brought here before they were 16; states could decide whether to give them in-state tuition breaks.
More on the rest later. In the meantime, here's how to block amnesty.
UPDATE: You can get a copy of the full bill here, and per this :
The Democratic amnesty bill is almost like something I'd write as a parody. Sec. 157, for instance, prohibits the arrest of any illegal or criminal alien on the premises of, or in the immediate vicinity of, a childcare provider, a school, a legal-service provider, a Federal court or State court proceeding, an administrative proceeding, a funeral home, a cemetery, a college, university, or community college, a victim-services agency, a social-service agency, a hospital or emergency-care center, a health-care clinic, a place of worship, a day-care center, a head-start center, a school bus stop, a recreation center, a mental-health facility, or a community center. Depending on how you define "immediate vicinity," that wouldn't leave much of anywhere to arrest illegal aliens, which is the point.
 thedustininmansociety . org/blog/?p=2787
 numbersusa . com/content/news/april-15-2009/