Mo Rocca's discussion of why the immigration reform legislation failed in Congress is unpersuasive. He contends that the legislation failed because it's complex -- too complex for the American people to understand now that President Bush has helped convert us into a nation of simpletons. (As aside, I haven't witnessed the word "dumb" thrown around as much as it is by authors on this blog since my daughters passed the age of seven).
Mo presents no evidence that the legislation failed because it is complex. Almost all legislation is complex; that's why we lawyers are able to make a living. But the concept behind this legislation is pretty straight forward: (1) increase our efforts to enforce the law against people who enter, or attempt to enter, the country illegally, (2) set up a program to allow people to enter as guest workers so as to meet the needs of agricultural businesses and ease the pressure on the border, and (3) create a system whereby many of the people who are already here illegally can become legal and eventually become citizens.
It's possible that the legislation failed due to the complexity of the details associated with implementing this fairly simple concept. Certainly, the fact that there were no hearings on the bill, and that the latest draft wasn't presented to the Senate until a few days ago, didn't help. But Mo seems oblivious to the possibility that the legislation failed because: (1) people are reluctant to grant legal status to folks who violated our laws, and are unwilling to grant that status to millions of such people absent strong evidence that the border will be enforced from now on, (2) based on decades of experience, including what happened after this general sort of legislation was passed in the 1980s, people doubt that the government can or will engage in serious immigration enforcement. Indeed, Mo never considers any explanation for the bill's failure other than its complexity in the context of a dumb populace.
Perhaps Mo thinks that, because we're simpletons, we won't notice the absence of evidence and analysis in his discussion.



Reader Comments ( Page 1 of 1)
1. The legislation failed because Americans don't want open borders, granting amnesty and absorbing what would become twenty-five million people (illegals and their families) is tatamount to an open border. Most people don't have a problem with people coming to America for the "dream" but there's a reason for a process and part of the reason is to weed out the criminal element, terrorists, etc. People also want the border secured FIRST then we can discuss who stays and who goes. If the border isn't secure we are merely waiting on the next amnesty bill. There needs to be criminal penalties for illegally crossing the border - deportation the first time, prison after that - and if that means building lots of prisons so be it. Spend the money paying for illegals in society or spend it on prisons - when nobody knows which illegal is a ax murderer and which isn't I'd rather spend it on prisons.
Robert Byngham at 11:29PM on Jun 28th 2007
2. The Immigration Reform Bill failed because Americans take the Constitution more seriously than our politicians. A renegade group of Senators cannot bypass all the established rules and eliminate the importance of the rule of law just because they can. The bill failed when this same group tried to stop the opposition by calling true patriots "Bigots". To start a fire all you need is a spark. They called the wrong Americans the wrong name. The bill wasn't about amnesty, it was about surrender. America will never surrender.
Cecil Jones at 2:22AM on Jun 29th 2007
3. et - If you Can't get paid the money to feed and house your family in your country - what would YOU do? Margaret Callinan
margaret Callinan at 2:00PM on Jun 29th 2007
4. I guess no one in govt really knew what to do about "illegal immigration matter" - it was too big a problem - so they didnt do anything. Dont hold that against the immigrants tho. And, no one cared either. There was always these big benefits from the work these pooly paid/ treated folks performed - even the kids were known to be doing "stoop" labor in fields up till recent years. And, moms who had to take long bus trips to distant neighborhoods had to leave their own children at home until late to be babysitters for American moms. Now, I hope the bill govt puts together will reflect a sense of compassion, a sense of sharing and caring, a sense of giving, and a sense of understanding....'under God.'
margaret Callinan at 12:14AM on Jun 30th 2007
5. You hit the nail on the head, Paul Mirengoff. Americans are largely tolerant and forgiving people. Most folks in the this country want something done about illegal immigration. It is the inability of our politicians to enforce things that has everyone so jaded and distrusting..because we have been down this road before. If the politicans could truly stop the bleeding over the border, I believe most Americans would at least THEN discuss some kind of guest worker program.
David S. at 4:02PM on Jun 29th 2007
6. The immigration reform legislation failed because there isn't a need for it. The United States, to the dismay of Congress, is a sovereign nation. We have immigration laws, and they need enforcement.
It's difficult to say that the United States Congress shows more interest in giving amnesty to illegal immigrants and due process to terrorist in Gitmo than medical care for our soldiers wounded in Iraq and Afganistan.
A lack of commitment, that what the problem is with Congress. They are not committed to the best interest of the American people or the United States.
Americans that don't like illegal immigration? Well listen up, strawberries are going to go up 2 whole dollars a pound. That's the United States Congress looking out for us right there.
Willet at 9:56PM on Jun 29th 2007
7. The Immigration Reform bill was defeated because it was outrageously unfair to the American worker and rewards corporations by allowing them to exploit workers. It also had ridiculous amendments such as: "If you are a gang member, all you need to do is renounce your affiliation and you can stay." Come on, who is going to believe that one? For more "dumbest" reasons refer to CNN's, Lou Dobbs website. Also, there are already adequate laws in place for immigration including 6 guest worker programs. We already allow 2 million people to immigrate to our country per year, mostly from the south. The amnesty bill approved in 1986 had laws attached to it that the government has never enforced, hence, the overwhelming problem we have today. I believe Reagan was president when the first amnesty bill was passed. Reagan was a terrible governor of California and even a worse president. He broke the unions and thereby ensured the decline of middle income Americans. Our incomes have been stagnant for 30 years while corporations have been getting richer and richer. Without a middle income class, we cannot have a democracy. I believe this is the first time I have noticed such a massive protest by middle Americans that actually had an impact since the Viet Nam War protests. We cannot have immigration reform unless our borders and ports are secure. Once we achieve security, then we can address the needs of American companies that say they need cheap labor. Ag businesses are already covered by guest worker programs so they really do not have a problem. I know because I live in the San Joaquin Valley and do not see a shortage of migrant workers (mostly illegals). It is the factory and construction jobs that Americans have lost and need back with living wages. Our government needs to work with Mexico to insist that they take care of their own poor, unskilled, uneducated, sick people and stop encouraging them to come here instead. Do you realize that Mexico is one of the richest countries and that they encourage guest workers from Central America to do the jobs that Mexicans won't do? Sound familiar?
Carol Keltner at 4:07PM on Jul 2nd 2007
8. The immigration reform failed for several reasons …
Our country’s immigration law is not broken, therefore. must not be fixed, only enforced. The vast majority of American citizens realized this.
The majority of American citizens also realized the government’s reported nine to thirteen million illegals in our country is an incorrect reported number, perhaps much closer to twenty-six million. If granted amnesty that number would quickly double, if not triple, and the government’s response would be, “We miscalculated.”
The American citizen also realized with organizations such as Aztlan it would not be to future distant the Hispanics (a misnomer) would form a third political party (Hispanic Coalition Party of North America) and would much influence the future of our country, whether the American citizen agreed or not.
The American citizen further realized the placing of the Mexican language upon the majority of purchased items was an intention by our federal government to force a two language usage upon us, as well as a two flag nation. Those of the belief second or third generation illegals only speak the English language while at home are extremely incorrect.
Most American citizens also realized …
The battle for America’s freedom is not over, most probable it has just begun. When a free country elects arrogant freewheeling free spending peoples into positions of authoritative power and allow them to disregard written law allows but for one outcome, the surrendering and disregard of one’s freedoms …
Contrary to the beliefs of globalists / internationalists the United States is a republic of free peoples governed by an already existing set of laws, however, there are some within governmental hierarchy who have an agenda, one of which would rather see the United States, Canada and Mexico as a united North America Union.
For a politician to vote “against” the will / desire / wants of his or her constituents and state they are going to do so, is arrogance at best, dictatorship at worst.
I suggest staying informed concerning the “amount” of illegal aliens who will continue to cross our border unhampered. If nothing else this will display the truthfulness of, or lack there of, Washington, DC politicians who have stated they will secure the border … Only time will tell.
We are led to believe those illegals crossing our borders are “good, honest and trustworthy” peoples only looking for a better way of life … Personally I have no argument with “seeking a better way of life,” however, percentage by nationality, what is the makeup of those in our jails and prisons? What is the percentage makeup of those committing major crime? What we as an American people really should ask ourselves is, “what types of crimes are these good, honest and hardworking peoples committing upon lawful citizens of our country … Not only should the allowance of inflow of illegals be halted immediately because of national security, it should remain halted. There is absolutely no broken parts to our current immigration policy except what a few who desire a complete change in the American mainstream desire you to believe there are …
The illegals and those organizations representing them have been quite clear in their simple but loud message … They want Hispanic rule of the United States, and I challenge anyone to prove me incorrect!
The American citizen should also be asking the question, “why does the President, some members of senate and other governmental agencies want so desperately to have a flow of unimpeded illegals crossing our border at will; destroying private property, committing hideous crime, and NOT PAYING TAXES … WHY are they so eager to have them here?
And, why are they reluctant to have local law enforcements apprehend the illegal? In sanctuary locations throughout our nation one can witness the gathering of these illegals and usually at the same location seven days a week … Yet, local law enforcement are prevented from arresting law breakers and ICE and like federal agencies will not involve themselves with doing what they have sworn an oath to do … One MUST ask themselves, WHY?
For those concerned with the price of lettuce increasing, don’t be, the majority of agricultural laborers are in our country legally.
RJ Nibroc at 10:00AM on Jul 4th 2007
9. Margaret
Maybe it would help those that are concerned about feeding and housing their family to stop having babies they can't afford. Would that not be the most simple thing to do?
FP at 9:09AM on Jul 7th 2007
10. The immigration reform bill failed because there is a smart minority who know how to grab that power most Americans forget about after Election Day. All of the claims about amnesty are a bit dubious. Consider, for instance, the claim that giving undocumented amnesty raised the approximate number of undocumented from 3 million to 12 million. That, some argue, is proof that rewarding what they call "law breaking" simply attracts more law-breaking.
But it is Congress which proposed IRCA in 1986. If it's true that giving amnesty merely breeds more law-breakers, what amnesty law created the 3 million undocumented in 1986?
The proposal to send back those who wish to apply for legalization sounds fishy, but an accident waiting to happen. Imagine a world disaster, God forbid, the day after. Wouldn't our embassies and consulates then have to deal with those returning? After the Nairobi and Dar es Salaam embassy bombings, those who've visited our embassies know the fortresses they've become and how hard to do business with them because of regular closings for security threats. Do we really want to send people overseas to burden embassies more?
But our ports of entry would face a similar problem of having to inspect and process the returnees. The airlines are smacking their lips at this one, but Uncle Sam will dip into all our pockets to pay this unnecessary bill.
There's also the proposed fine, some say $5,000 per undocumented. That's interesting because, if they are law-breakers, the $5,000 is just like stolen goods, or ill-gotten gains, isn't it? Should the federal government be in the business of receiving such ill-gotten gains?
The immigration bill failed because it is counter-majoritarian to depose bi-cameralism by having cliques package legislation to circumvent the sub-committee and committee system in which hearings permit all Americans a say in what's being sold them.
Second, those who put that bill together did the right thing in the wrong way by including some of either side's wishlist and nothing either side could live with comfortably. That's usually a sign of good legislation---nobody happy. The wrong way was to pretend they could out-gimmick the men and women who've made amnesty a bad word.
If immigration law is civil law, how can violating immigration law by being present constitute a crime? Americans must be careful. The reason deportation is under civil law is because it's cheaper and expedient without criminal law's safeguards. If you make it a matter of criminal law, then you'll have to give every undocumented a free lawyer under the Sixth Amendment. And so on.
It's easy to exaggerate the negative effects of immigration, but only if one has not bothered to read the actual census figures and the related reports from the departments of Commerce and Health and Human Services.
It's easy to vilify someone you don't know, because the less you know about someone the more likely you are to make wrong assumptions about that person. The trouble is that too many Americans don't realize that although Mexico is a Latin country, it's one of many. And, although Mexicans speak Spanish, so do Spaniards who live in Spain, all the way in Europe.
Henry Louis Mencken said for every human problem there's a quick and easy solution that's wrong.
Americans should get more informed if they intend to benefit from their efforts debating immigration or anything else of importance to them.
Otherwise, we should all turn on the talking heads, and vegetate, letting them do our thinking for us. That would be a sad day in America, but not unimaginable at the rate we're going.
Godfrey YM at 9:39PM on Oct 20th 2007
11. the immigration reform failed because it was not needed in the 1st place. this was a "personal" item of the president. instead of finding ways to enforce the existing laws...bush was asking to have it re-written. that was not needed! Americans just want the ENFORCEMENT of the existing laws!!!
iamchavira at 12:22PM on Jul 10th 2007
12. If you are disturbed with what is happening to America with illegal immigration, take steps to inform yourself and DO SOMETHING about it!!!
Join the more than half a million people who have said NO to illegal immigration, and have joined numbersUSA.
Go on the web to numbersUSA dot com and sign up. You can register for free, and will get accurate, informed information on illegal immigration and proposed legislation. Plus they provide you an easy way to fax your representatives when legislation of vital national interest is proposed. Your responsibility as a citizen does not end the day you vote. Make your voice heard. Help America NOW!!!
LJ at 1:16PM on Jul 11th 2007