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Thursday, July 9, 2009
 
 
ARTICLES  &  COMMENTARY
Border Fencing
 
Good fences make good neighbors, or so House Republicans believed when they passed a tough measure to combat illegal immigration.
 

Good fences make good neighbors, or so House Republicans believed when they passed a tough measure to combat illegal immigration. By putting down its marker so strongly in the border-security camp, the House has cast doubt on President Bush’s plan for comprehensive immigration reform.

Amid all of the legislative machinations that pushed the last session almost to Christmas Eve, the House passed the Border Protection, Antiterrorism and Illegal Immigration Control Act. Among other things, the bill authorizes money for a vast expansion of the security fence on the Mexico border, imposes stiffer penalties on employers who hire illegal aliens and dismantles a program by which illegals are caught and then released for a subsequent hearing.

The bill is born of legitimate national-security concerns and worries about the effects of illegal immigration, but there is no “welcome to America” sign to accompany these tough measures. Its goal is the limitation of illegal immigration, pure and simple.

The House bill cannot please the White House or the Senate, both of which favor a combination of border-security measures and a guest-worker program. The guest-worker program is the linchpin for comprehensive immigration reform. Illegal aliens could obtain a work permit by which they could continue to work in the United States.

President Bush notes that his plan is not “amnesty,” as it does not reward illegal aliens with a path to U.S. citizenship. In the president’s plan and other plans, such as that introduced by Sens. Jon Kyl (R-Ariz.) and John Cornyn (R-Texas), the worker program would be for a limited time, and workers would at some point have to return to their home countries. A more generous approach introduced by Sens. John McCain (R-Ariz.) and Edward Kennedy (D-Mass.) would impose fines and long waiting periods on illegal aliens but would ultimately allow them to apply for citizenship.

But the House wants nothing to do with any sort of guest-worker program. It is more populist on immigration than President Bush or the Senate.

So how far is the House from the Senate and the president? First, consider the House Immigration Reform Caucus, whose spiritual leader is Rep. Tom Tancredo (R-Colo.). The caucus aims to stop illegal and reduce legal immigration. It has 91 members--89 Republicans and two Democrats. All but one represent districts won by President Bush in 2004. In 77 of these districts, Bush won 55 percent or more of the vote. There is no similarly organized group in the Senate.

The caucus also keeps report cards reflecting the votes of representatives and senators on immigration issues. And House members get significantly better grades than their Senate counterparts. Thirty-nine House members but only one senator were given an A-plus on the report card for their votes on immigration issues. Ninety-two House members received an A-minus or above, versus only six senators. Finally, nearly a majority of the House, 215 members, received a B-minus or above, versus only 24 senators.

President Bush has the background to bridge the gap between the concerns of those who would crackdown on illegal immigration and others who see the need for and virtue of immigrants coming to this country. He has been both a border state governor and one who has sought to increase the Republicans' share of the Hispanic vote.

But only a strong President Bush could have brokered an immigration reform deal among all of the competing factions in the Republican Party. Bush’s current weak standing has emboldened the House to act on its own, and it has signaled that it is far from the president and the Senate on immigration reform.

John C. Fortier is a research fellow at AEI.