The Unserious Senate

NRO Editorial:

The Senate isn’t serious about enforcing the nation’s immigration laws. It is bad enough that the bill that 39 Democrats and 23 Republicans just voted to pass provides an amnesty to illegal immigrants already here. There might be an argument for doing that if there were any evidence of a commitment to enforce the immigration laws in the future. But the bill actually prohibits local police from enforcing civil violations of immigration laws—which in practice, given the byzantine rules distinguishing between civil and criminal violations of those laws, will get local police out of the enforcement business altogether. No serious effort is being made to make the bureaucracy capable of the enforcement tasks that will now be asked of them, such as performing background checks on the illegal population.

The bill forbids the federal government to use any information included in an application for amnesty in national-security or criminal investigations. Any federal agent who does use that information would be fined $10,000—which is five times more than an illegal alien would have to pay to get the amnesty. The Senate, on a tie vote, defeated John Cornyn’s (R., Tex.) attempt to rectify these provisions.When Sen. Johnny Isakson (R., Ga.) offered an amendment to require that enforcement be proven to have succeeded before the amnesty or guest-worker provisions could take effect, he was voted down, 55-40. For most senators, enforcement is just boob bait for the voters. They are not willing to demand it before getting what they, for various reasons, really want: an amnesty and a massive increase in legal immigration.

Sen. Jeff Sessions (R., Ala.) wanted to deny illegal immigrants the earned income tax credit. It is one thing to legalize them, went the argument, and another to subsidize them. He, too, was voted down, with Sen. John McCain (R., Ariz.) flippantly suggesting that the amendment was akin to requiring illegals to ride in the back of the bus. (No, senator: They’re in the front of the line, at least for legal residency in the U.S.)

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There is more. Congress never has been serious about the rule of law when it comes to immigration.