Gang of Seven?

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Marco Rubio sounds like he’s threatening to vote against the comprehensive immigration reform bill he helped to write.

Sen. Marco Rubio (R-Fla.) on Tuesday threatened to vote against the Gang of Eight immigration bill he helped draft unless there are further changes to the legislation.

In an interview with conservative radio talk show host Hugh Hewitt, Rubio said more needed to be done to “strengthen the border security parts of this bill so that they’re stronger.”

Asked if he would still back the bill if amendments to tighten border security failed, Rubio said “no.”

He’s also said that the current bill does not have 60 votes in the Senate.  Harry Reid disagrees with that and the rest of the Gang of Eight are shooting for 70 votes to pressure the House.

Senator Rubio made the following video that responds to a constituent’s question on immigration.  In the video he addresses a number of issues with the legislation.

Let’s take a look at what he’s saying here, and I’m paraphrasing from the video.

First of all, every point he talks about here – and a whole bunch more – were brought up months ago.  Actually they were brought up in 2007 when comprehensive immigration reform was killed for the first time.  The answers haven’t changed, the only thing that’s changed is the party that controls the Senate.

Since none of the points are actually “new” my question for the Senator is, “You helped write this legislation.  Why didn’t you hold out on these issues during the secret process when it was written?”  I won’t hold my breath.

The Senator talks about the inevitability of the 11 million illegals staying in the US.

We have 11 million illegals who’ve been here longer than a decade and who are never going to leave.


That is followed later in the video when, discussing security, Senator Rubio says,

Implement eVerify and none of the 11 million will be able to work anymore, you’ll have a real problem.  A bunch of people who want to work, who can work but cannot because of eVerify …

So what about that?

In the second installment of my series on immigration when I discuss SB1070 and what should have been done at the time, I proposed the following:

The good part of the law [SB1070] was the eVerify requirement.  Businesses hated it and campaigned against it.  Even though it made the final cut, the law is toothless and doesn’t provide enough punishment for ignoring it.

eVerify is a great solution.  It’s 98% accurate, it’s free assuming you have an internet connection and it takes less than a minute.  It’s similar to the requirement for an I9 form that all businesses are required to collect on new hires, but it accesses the Social Security database and verifies that the employee is who he or she says they are.

SB1070 could have worked had the legislature found a spine.  The solution is simple and basically ignores the illegals.

First, require eVerify for every employee.  SB1070 gave a pass to existing employees and that is an open admission by the business lobby that they’ve got illegals on their payrolls.

Second, extend the eVerify requirement to rental housing.  Require that landlords or their agents have an eVerify result on every tenant in a rental property.

Third, make enforcement worthwhile and make compliance a matter of life and death.

The state would audit businesses and rental properties on a routine basis.  The business would be required to provide proof that they have eVerify forms for every employee or tenant.  If an employee or tenant is found to be an illegal alien, the eVerify form is an affirmative defense.

If they do not have the form it’s an automatic fine of $1,000 per missing form.  If the employee or tenant is found to be an illegal, the fine jumps to $20,000 and the business owner/landlord/property manager is charged with a felony.  The fine is not dischargeable in bankruptcy and if the business is unable to pay the fine it attaches to the owners.  The felony charge is not able to be reduced.

The fines are large enough that the state will aggressively pursue enforcement of the law and it won’t tie up police to enforce it.  Accountants will work just fine and they’re cheaper than cops.  In addition, the businesses that are most prone to hiring illegals are construction and hospitality.  You can’t get a business or liquor license in Arizona with a felony conviction.  Now you’ve got incentive for the businesses to follow the law.

Note here that the Gang of Eight has built into the current legislation an eVerify requirement but it doesn’t kick in for two to four years.  It’s working in Arizona today, there is no need to wait one day.  The waiting period will simply give DHS the ability to push the start date out as the deadline approaches.

Senator Rubio says the 11 million illegals aren’t going home and then he says that implementing eVerify immediately will create a problem because they won’t be able to work.  I thought Marco was a pretty smart guy, I’m guessing I was wrong about that.

Implement eVerify as I recommended for employment and for every tenant in rental housing.  Please note that businesses are currently required to have an I9 form on file for every employee proving that they have the legal right to employment in the US.  It’s obviously easily forged.  Replace that requirement with the requirement for an eVerify form.

Illegals will no longer have jobs (assuming employers won’t take significant risk to hire them) and they won’t have a place to live.  Senator, they won’t be sitting under trees in city parks, they’ll go back home.  The “magnet of employment” as you noted, will be gone.

Senator Rubio talks about making trade offs for border security and notes that so far in the Gang of Eight bill that hasn’t happened.  Well Senator the Democrats (and McCain and Graham) haven’t had to do anything because the so-called border security provisions – operational control of the border and a 90% “catch rate” – aren’t happening and will never happen within the confines of the bill.  Additionally, all DHS has to do is “certify” the border is “secure” and Janet Napolitano has already said that.

This legislation once again trades amnesty now for future security and just like with the 1988 immigration amnesty bill, we’ll see amnesty but we’ll never see border security.

Senator Rubio wants to give people amnesty now so we can “freeze the problem in place with the 11 million who are here now…”  They’ll learn English, pay a fine and undergo background checks.

Senator, I’ve got some great swamp land in Florida for you.

Gentle reader you can scroll to the bottom of this post for links that will debunk those talking points.  Bottom line, they’ll never happen.

Yesterday, the head of the union representing the 12,000 United States Citizenship and Immigration Services (USCIS) adjudications officers and staff said this…

According to Palinkas, the Senate immigration bill massively increase the level of Citizenship and Immigration Services casework but make no reforms to alleviate the problems in the adjudications process.

“The result is predictable: if passed, S. 744 would lead to the rubber-stamping of millions of applications for both amnesty and future admissions, putting the public safety and the taxpayer at risk,” he wrote.

In addition, the expedited family provisions of the legislation, called chain migration, won’t limit amnesty to 11 million, the real number is more like 35 million to 57 million and the Gang of Eight can’t tell you what the real number is.

The Senator has yet to address the cost of the legislation, estimated at $6.3 trillion.

Call Senator Rubio.  Let him know you can see through what he and the rest of the Gang of Eight are doing.  His number in DC is 202-224-3041.  Call him every day.



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