There is no case for the bill, and certainly no urgency to pass it. During the debate over immigration in 2006–07, Republican rhetoric at times had a flavor that communicated a hostility to immigrants as such. That was a mistake, and it did political damage. This time has been different. The case against the bill has been as responsible as it has been damning.
It’s become clear that you can be pro-immigrant and pro-immigration, and even favor legalization of the 11 million illegal immigrants who are here and increases in some categories of legal immigration—and vigorously oppose this bill.
The bill’s first fatal deficiency is that it doesn’t solve the illegal-immigration problem. The enforcement provisions are riddled with exceptions, loopholes, and waivers. Every indication is that they are for show and will be disregarded, just as prior notional requirements to build a fence or an entry/exit visa system have been—and just as President Obama has recently announced he’s ignoring aspects of Obamacare that are inconvenient to enforce on schedule. Why won’t he waive a requirement for the use of E-Verify just as he’s unilaterally delayed the employer mandate? The fact that the legalization of illegal immigrants comes first makes it all the more likely that enforcement provisions will be ignored the same way they were after passage of the 1986 amnesty.
The bill’s changes in legal immigration are just as ill considered. Everyone professes to agree that our system should be tilted toward high-skilled immigration, but the Gang of Eight bill unleashes a flood of additional low-skilled immigration. The last thing low-skilled native and immigrant workers already here should have to deal with is wage-depressing competition from newly arriving workers. Nor is the new immigration under the bill a panacea for the long-term fiscal ills of entitlements, as often argued, because those programs are redistributive and most of the immigrants will be low-income workers.
Finally, there is the sheer size of the bill and the hasty manner in which it was amended and passed. Conservatives have eloquently and convincingly made the case against bills like this during the Obama years. Such bills reflect a mistaken belief in central planning and in practice become a stew of deals, payoffs, waivers, and special-interest breaks. Why would House Republicans now sign off on this kind of lawmaking? If you think Obamacare and Dodd-Frank are going swimmingly, you’ll love the Gang of Eight bill. It’s the opposite of conservative reform, which simplifies and limits government, strengthens the rule of law, and empowers citizens.
There’s no rush to act on immigration. The Democrats didn’t do anything when they controlled all of the elected branches in 2009 and 2010. The Gang of Eight tells us constantly that we have a de facto amnesty for illegal immigrants now. Fine. What’s the urgent need to act immediately, then?
The Republicans eager to back the bill are doing so out of political panic. “I think Republicans realize the implications for the future of the Republican party in America if we don’t get this issue behind us,” John McCain says. This is silly. Are we supposed to believe that Republican Senate candidates running in states such as Arkansas, North Carolina, Iowa, Virginia, and Montana will be hurt if the party doesn’t embrace Chuck Schumer’s immigration bill?