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Secure Borders, Economic Opportunity and Immigration Reform Act of 2007

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 Flawed Provisions
The following are ten of the worst provisions—by no means an exhaustive list—of Title VI of the bill:

1. A Massive Amnesty: Title VI of the bill grants amnesty to virtually all of the 12 million to 20 million illegal aliens in the country today. Also acceptable under the legislation is a sworn affidavit from a non-relative (see Section 601(i)(2)). 
   The price of a Z visa is $3,000 for individuals. A family of five could purchase visas for the bargain price of $5,000—some $20,000 short of the net cost that household is likely to impose on local, state, and federal government each year, according to Heritage Foundation calculations.
   
2. The Permanent "Temporary" Visa: Supporters of the bill call the Z visa a "temporary" visa. However, they neglect to mention that it can be renewed every four years until the visa holder dies, according to Section 601(k)(2) of the legislation.
   A law-abiding alien with a normal non-immigrant visa would surely desire this privileged status. Unfortunately for him, only illegal aliens can qualify, according Section 601(c)(1).
   
3. Hobbled Background Checks: The bill would make it extremely difficult for the federal government to prevent criminals and terrorists from obtaining legal status. Under Section 601(h)(1), the bill would allow the government only one business day to conduct a background check to determine whether an applicant is a criminal or terrorist. Unless the government can find a reason not to grant it by the end of the next business day after the alien applies, the alien receives a probationary Z visa (good from the time of approval until six months after the date Z visas begin to be approved, however long that may be) that lets him roam throughout the country and seek employment legally.
   
   The problem is that there is no single, readily searchable database of all of the dangerous people in the world.
   
4. Amnesty for "Absconders": Title VI's amnesty extends even to fugitives who have been ordered deported by an immigration judge but chose to ignore their removal orders. This would also be a reward to those who have defied U.S. immigration courts. (Indeed, the massive bureaucratic load caused by processing Z visas would undoubtedly mean longer waits for those who have played by the rules.) Further, those who have obeyed the law and complied with deportation orders would not be eligible for Z visas.
   
5. Reverse Justice: The bill would effectively shut down the immigration court system. Under Section 601(h)(6), if an alien in the removal process is "prima facie eligible" for the Z visa, an immigration judge must close any proceedings against the alien and offer the alien an opportunity to apply for amnesty.
   
6. Enforcement of Amnesty, Not Laws: The bill would transform Immigrations and Customs Enforcement (ICE) from a law enforcement agency into an amnesty distribution center. Under Sections 601(h)(1, 5) if an ICE agent apprehends aliens who appear to be eligible for the Z visa (in other words, just about any illegal alien), the agent cannot detain them. Instead, ICE must provide them a reasonable opportunity to apply for the Z visa. Instead of initiating removal proceedings, ICE will be initiating amnesty applications. This is the equivalent of turning the Drug Enforcement Agency into a needle-distribution network.
   
7. Amnesty for Gang Members: Under Section 602(g)(2) of the bill, gang members would be eligible to receive amnesty. This comes at a time when violent international gangs, such as Mara Salvatrucha 13 (or "MS-13"), have brought mayhem to U.S. cities. More than 30,000 illegal-alien gang members operate in 33 states, trafficking in drugs, arms, and people. The Senate bill would end that. To qualify for amnesty, all a gang member would need to do is note his gang membership and sign a "renunciation of gang affiliation."
   
8. Tuition Subsidies for Illegal Aliens: The Senate bill incorporates the Development, Relief and Education for Alien Minors Act (DREAM Act). The DREAM Act effectively repeals a 1996 federal law (8 U.S.C. § 1623) that prohibits any state from offering in-state tuition rates to illegal aliens unless the state also offers in-state tuition rates to all U.S. citizens. Ten states are currently defying this federal law. Section 616 would allow these and all other states to offer in-state tuition rates to any illegal alien who obtains the Z visa and attends college.
   
   The injustice of this provision is obvious. Illegal aliens would receive a taxpayer subsidy worth tens of thousands of dollars and would be treated better than U.S. citizens from out of state, who must pay three to four times as much to attend college.
   Further, legal aliens who possess an appropriate F, J, or M student visa would not receive this valuable benefit. Nor would they be eligible for the federal student loans that illegal aliens could obtain by this provision.
   
9. Taxpayer-Funded Lawyers for Illegal Aliens: The Senate's bill would force taxpayers to foot the bill for many illegal aliens' lawyers.  This provision alone could cost hundreds of millions of dollars each year.
   
10. Amnesty Before Enforcement Triggers. Proponents of the Senate approach have consistently claimed that it would allow delayed amnesty only after certain law enforcement goals are met. The text of the bill, however, tells a different story. Section 1(a) allows provisional Z visas to be issued immediately after enactment, and Section 601(f)(2) prohibits the federal government from waiting more than 180 days after enactment to begin issuing provisional Z visas.