Dem senators: Legalized illegal immigrants will have to wait around 10 years to apply for a green card

posted at 2:01 pm on February 8, 2013 by Allahpundit

Worth noting now since it’s potentially another sticking point between Rubio and the rest of the Gang of Eight who desperately need him to sell immigration reform to the right. By now, everyone knows the main bone of contention between him and Schumer et al. Rubio wants the path to citizenship implemented only after border enforcement increases; Democrats want it implemented concurrently with — and independent of — the new security measures. (Both sides agree that probationary legal status will be granted immediately, though. Ahem.) Read the fine print on their proposals, though, and you’ll find another disagreement. Namely, once the path to citizenship is in effect, how long will it/should it take for a newly legalized illegal to become eligible for permanent resident status (i.e. a green card)? Here’s what Rubio told Red State:

First, those who have violated our immigration laws must come forward and undergo a background check. If they have committed a serious crime, they will be deported. If they have not, they will have two choices. They can avail themselves of the current law which requires them to return to their native country, wait ten years and then apply for a green card. Or if they decide to remain in the United States, they will do so under the equivalent of a non-immigrant work permit by paying a substantial fine and back taxes. If they choose the non-immigrant work visa, they will not qualify for any federal benefits, including ObamaCare.

Those who choose the non-immigrant work permit will not be allowed to apply for a green card for a substantial period of time. And they will not be allowed to apply until the enforcement mechanisms outlined above are in place. Thereafter, once these conditions are met, and if they have not violated any laws while holding the work permit, the only thing they will be allowed to do is apply for a green card using the same process everyone else uses. That is, they apply, they wait in line behind everyone who has applied before them and when their turn comes up, they have to qualify for one of the existing green card programs.

I noticed the “substantial period of time” language last week and speculated that “substantial” must mean “more than 10 years.” Otherwise, there’s no strong incentive for an illegal immigrant who wants citizenship to choose the first option offered by Rubio, leaving the U.S. and applying for a green card through normal channels after waiting, er … 10 years. Granted, you could avoid the “substantial fine and back taxes” that are a condition of obtaining a work visa by going that route, and if — if — Rubio gets his way on using enforcement as a trigger for citizenship, you’d avoid whatever extra small delay is involved before the border is officially certified as “secure.” But if they’re serious about punishing illegals by sending them to the back of the line behind law-abiding green-card applicants, how can the wait time be roughly the same for both groups?

And yet, if Durbin and Menendez have their way, it will be:

The process “is likely to be in the range of 10 years, I say in the range because we have not nailed this down,” Durbin said. He said various factors go into the timeline, including the need to establish border security first, something Republicans have insisted on…

“If you think about it, under current law there is a 10-year bar, so the bottom line is you would have to wait anyway,” Menendez said. “The difference is you would get the opportunity to be here, to come forward, to work, to travel, and in doing so to earn your pathway” to citizenship.

Surely immigration advocates must be pleased that illegals will face approximately the same time frame for permanent residency as other applicants, right? Wrong:

A green card is the crucial first step toward citizenship although it takes up to five years for a green card holder to become a citizen under current law. So if it takes 10 years to get a green card, the total wait time for citizenship could be closer to 15, advocates fear.

“We understand that bipartisan lawmaking requires compromise. But we think waiting 15 years for a chance to become a citizen is too long,” said Frank Sharry, executive director of America’s Voice. “We will continue to fight for a clear, direct and inclusive path to citizenship that has achievable requirements and a more reasonable time frame.”

Translation: Democrats don’t have a lot of leeway with immigration special-interest groups to make the “substantial period of time” much more substantial than 10 years. Which is ironic, because the group they’re ostensibly fighting for here — illegals — might very well accept Rubio’s longer time frame for citizenship in exchange for the right to work legally in America immediately. That’s been Raul Labrador’s point all along: Most illegals he’s encountered as an immigration lawyer don’t care about becoming citizens, he claims, they care about jobs. Democrats, of course, care about the opposite; they’re willing to supply cheap labor to business even if it depresses wages for U.S. citizens in the expectation that they’ll net millions more Latino votes a decade or so from now. (And big labor is happy to support them in the expectation that today’s illegal worker is tomorrow’s legalized dues-paying union member.) So the 10-year timeline for green-card eligibility may budge a little among Schumer and crew but it won’t budge much. Will Rubio?


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INSANITY.AMNESTY
weaselyone on February 8, 2013 at 3:38 PM

Fits just as well.

weaselyone on February 8, 2013 at 3:39 PM

As one talk show host put it:

What law do I get to ignore???

CW on February 8, 2013 at 3:41 PM

As one talk show host put it:

What law do I get to ignore???

CW on February 8, 2013 at 3:41 PM

I’m going for gun laws. I need them for my safety, so therefore I should be able to ignore any laws restricting my safety.

AZfederalist on February 8, 2013 at 3:57 PM

I don’t know if it’s been said, but if some version of this bill is passed, then any persons using this path to citizenship should never be allowed to vote.

freedomfirst on February 8, 2013 at 4:09 PM

Someone should tell Rubio that we’re not interested in the nitty-gritty details of amnesty. We’re interested in blocking amnesty and enforcing the law.

Stoic Patriot on February 8, 2013 at 4:22 PM

freedomfirst on February 8, 2013 at 4:09 PM

Never? What about that “no taxation without representation” thingy that the founding fathers were so concerned about?

cam2 on February 8, 2013 at 4:22 PM

The term “legalized illegal” indicates everything one needs to know about our government.

Amjean on February 8, 2013 at 4:27 PM

Never? What about that “no taxation without representation” thingy that the founding fathers were so concerned about?

cam2 on February 8, 2013 at 4:22 PM

Tell that to anyone under 18 years of age earning more than $3,000.

weaselyone on February 8, 2013 at 4:27 PM

Most illegals he’s encountered as an immigration lawyer don’t care about becoming citizens, he claims, they care about jobs.

That’s exactly what I’ve been saying for years. Illegals just want to work. It’s the Democrat party that wants to give them citizenship for obvious reasons.

If we allowed people to freely move between their home country and the US to work, we wouldn’t have an illegal immigrant problem because they wouldn’t be trapped here once they’ve arrived. As things are now, they are trapped here. Would you leave if you risked your life and savings to get here?

Charlemagne on February 8, 2013 at 2:14 PM

You are apparently uninformed. I hope an illegal takes your
job because they will do your work for much less or your construction company goes bankrupt because it can’t compete with the illegals who work for cash and don’t pay taxes. These same
illegals go to the hospital when they are sick because by law
hospitals can’t turn them away. Do you think they ever pay their
bill?

These same illegals live 20 to a 2 bedroom apartment and send
most of their money back home; not contributing much to the
American economy. Wake up.

Amjean on February 8, 2013 at 4:32 PM

Most illegals he’s encountered as an immigration lawyer don’t care about becoming citizens, he claims, they care about jobs.

Correct. They are proud Mexicans. The US is an ATM machine.

Democrats, of course, care about the opposite; they’re willing to supply cheap labor to business even if it depresses wages for U.S. citizens in the expectation that they’ll net millions more Latino votes a decade or so from now. (And big labor is happy to support them in the expectation that today’s illegal worker is tomorrow’s legalized dues-paying union member.)

The GOP isn’t stupid, it’s insane.

Taking this one and a few previous posts, is this Rove’s brain?

“We start progressive and try to be conservative; we can only be as conservative as the electorate will allow us while still giving us power; the Tea Party might be hard-core conservatism, but it’s not electable; in order to maintain power as the country moves left, we have to ditch the Tea Party; there’s no possibility of maintaining power in the future with a huge Mexican voting block without the GOP being significantly more progressive than the Tea Party.” — etc?

Axe on February 8, 2013 at 4:46 PM

freedomfirst on February 8, 2013 at 4:09 PM

Never? What about that “no taxation without representation” thingy that the founding fathers were so concerned about?

cam2 on February 8, 2013 at 4:22 PM

To whom is representation guaranteed and what is meant by representation?

freedomfirst on February 8, 2013 at 4:46 PM

“Legalized illegal immigrants”? Isn’t that sorta like documented undocumented non-aliens?

Don L on February 8, 2013 at 4:59 PM

Does the thought that these old commie broke dick Democrats in the U.S. Senate, are not what the country needs to remain free, solvent and sane.

APACHEWHOKNOWS on February 8, 2013 at 5:01 PM

So, why do Democrats want this? I thought their only interest in this non-sense was to get 40 million new Democrats instantly.

milcus on February 8, 2013 at 5:09 PM

When enough have self deported, round the rest up as best you can and put them in chains and put them in forced labor camps.

astonerii on February 8, 2013 at 2:15 PM

Which Native American tribe do you come from again? I forgot.

katy the mean old lady on February 8, 2013 at 5:29 PM

Time to gift another 2000 or so guns to the “friendly” drug cartels. After all no one get’s killed but Mexicans and an occasional gringo.

Of course, if anyone actually investigates it from a journalistic or governmental division just blame it on Bush and the racists of the republican party.

acyl72 on February 8, 2013 at 5:43 PM

Amjean on February 8, 2013 at 4:32 PM

1. No illegal is likely to take my job. Ever. Unless said illegal has a BS in mechanical engineering, an MBA in international business, a PMP, 15 years experience in supply chain, and a US passport with visas for China, Brazil, Argentina, and much of the rest of the world.

2. You, and others, quite clearly misunderstood my post. My point was, if we had a guest worker program there wouldn’t be any illegals to speak of. They would move freely between the US and their home countries depending on the legal demand for their legal labor.

Illegals don’t want to be citizens, they want to work.. I’d rather they did it legally and in a controlled fashion than illegally. There would be a whole lot fewer here if they could move freely because they wouldn’t stay permanently, wouldn’t bring in family, and wouldn’t have children here.

I have no love for illegals or mass immigration from any country that is likely to change our country’s culture. I’d prefer that they all left but that’s not very likely. Is it?

Charlemagne on February 8, 2013 at 5:46 PM

Which Native American tribe do you come from again? I forgot.

katy the mean old lady on February 8, 2013 at 5:29 PM

Americanus Pre Welfarus tribe, of the Ancestors-learned-English nation.

HitNRun on February 8, 2013 at 5:53 PM

So the 10-year timeline for green-card eligibility may budge a little among Schumer and crew but it won’t budge much. Will Rubio?

Well, it’s pretty much up to him, isn’t it? They may not get this passed with him but they sure won’t with nobody but the Romney Primary Voter crowd fronting them.

The rest of the Republican party has taken the opinion that no, in fact, something need not be done. As well it should. Latino opposition is a sunk cost – caving won’t change a single mind among a minority ethically exclusionary culture with a tradition of producing nothing but statists and strongmen for a government, and their voting habits in this country only confirm that.

To the charge that Republicans are going to lose in 2014 if they don’t cave to illegals, the response should be “prove it.” Aside from the fact that it’s absurd (illegals and their kin were no less adamant or partisan in 2010), it certainly isn’t any less likely to happen for passing an amnesty.

HitNRun on February 8, 2013 at 5:58 PM

As one talk show host put it:

What law do I get to ignore???

CW on February 8, 2013 at 3:41 PM

Exactamoondo. Don’t believe a word these crooks say. Don’t agree to bargains and expect them to keep their end of it. Just slowly back out of the room they’re in!

onomo on February 8, 2013 at 6:06 PM

And they will be doing what in those 10 years?
This is a scam to get people used to turning a blind eye to these criminals.

Mimzey on February 8, 2013 at 6:16 PM

Which is ironic, because the group they’re ostensibly fighting for here — illegals — might very well accept Rubio’s longer time frame for citizenship in exchange for the right to work legally in America immediately. That’s been Raul Labrador’s point all along: Most illegals he’s encountered as an immigration lawyer don’t care about becoming citizens, he claims, they care about jobs.

Nah. Look at the lawless, drug cartel controlled 3rd world pissfarm that is Mexico right now … why would anyone risk that to become a citizen sooner? Stay, work, and wait for another nitwit Democrat congress to pass a more lenient amnesty in four years.

Jaibones on February 8, 2013 at 6:25 PM

Illegals don’t want to be citizens, they want to work.. I’d rather they did it legally and in a controlled fashion than illegally. There would be a whole lot fewer here if they could move freely because they wouldn’t stay permanently, wouldn’t bring in family, and wouldn’t have children here.

I have no love for illegals or mass immigration from any country that is likely to change our country’s culture. I’d prefer that they all left but that’s not very likely. Is it?

Charlemagne on February 8, 2013 at 5:46 PM

Recasting this would change the game permanently. It would let the GOP define the whole argument, show up the Ds actual ambitions and goals for what they are . . . even — wait for it — solve the problem. Amazing.

Call someone. :)

Axe on February 8, 2013 at 6:36 PM

Illegals don’t want to be citizens, they want to work.. I’d rather they did it legally and in a controlled fashion than illegally.

Charlemagne

I’d rather we focus on putting American citizens to work before we worry about making sure Mexico’s citizens can get work here.

xblade on February 8, 2013 at 6:51 PM

I’d rather we focus on putting American citizens to work before we worry about making sure Mexico’s citizens can get work here.

xblade on February 8, 2013 at 6:51 PM

Me too. But wouldn’t you love to hear instead, all things being equal:

“We know that most people in the country illegally are Mexican nationals desperate for work. We won’t be talking about special dispensations for citizenship here today, but about the actual problem. All we have to say about citizenship is that a path out of the current tangle is provided to allow Mexicans in the United States illegally to re-enter the normal path to citizenship as they extricate themselves from their illegal behavior. Now, on to the actual topic: how to handle the refuges from the failing Mexican economy. Who can work here? How are they documented? What is the process? And when we’re finished today, providing this framework, we will be clear that any Mexican nationals in the United States outside of regular immigration policy, and outside of this new regular framework, will be removed. Our territorial sovereignty will be protected again, as of now.”

Axe on February 8, 2013 at 7:08 PM

*refugees, etc. :)

Axe on February 8, 2013 at 7:09 PM

Oh that’s a lie, dems want more illegals to vote now not ten years from now.

Speakup on February 8, 2013 at 7:21 PM

Me too. But wouldn’t you love to hear instead, all things being equal:

Axe

No, I wouldn’t. It’s pretty much the same argument being made now.

xblade on February 8, 2013 at 8:10 PM

No, I wouldn’t. It’s pretty much the same argument being made now.

xblade on February 8, 2013 at 8:10 PM

It’s got nothing in common with the argument being made now. Not one thing.

Axe on February 8, 2013 at 8:38 PM

Or if they decide to remain in the United States, they will do so under the equivalent of a non-immigrant work permit by paying a substantial fine and back taxes. If they choose the non-immigrant work visa, they will not qualify for any federal benefits, including ObamaCare.

You should understand this will create a permanent underclass. They cannot be denied basic care and services that are given to the poor. You cannot segment a part of the population and state your gihts are not as great as the rights of of ther residents. As such they will remain. This is the reward, and a generous one at that. They can stay here and avail themselves of goverment services. They may not get obamacare, but they wil still get free medical care.
There are two things in concert that can really reduce illegal immigration ad force those here to go home. 1. Federal felony convictions and real jail time for those that hire illegals. 2. e-verify.

paulsur on February 8, 2013 at 8:52 PM

I have no love for illegals or mass immigration from any country that is likely to change our country’s culture. I’d prefer that they all left but that’s not very likely. Is it?

Charlemagne on February 8, 2013 at 5:46 PM

It doesn’t matter in the end. We owe non-citizens nothing. Ever. Aliens (defined as any non-citizen or ex-patriate) are here at our pleasure, and can be denied services or asked to leave at any time and for any reason. I reject the premise that we have any kind of obligation at all to those who will not follow the most basic laws central to our very national sovereignty.

gryphon202 on February 8, 2013 at 9:40 PM

blah, blah, two-choices, blah blah. …

Presumably, they still have the third option to just go through immigration like anyone else?

virgo on February 8, 2013 at 10:20 PM

Presumably, they still have the third option to just go through immigration like anyone else?

virgo on February 8, 2013 at 10:20 PM

We have numerous guest worker programs. We have a path to citizenship. We don’t need to change anything except to enforce the laws already on the books.

gryphon202 on February 8, 2013 at 11:06 PM

These same illegals go to the hospital when they are sick because by law hospitals can’t turn them away. Do you think they ever pay their bill?

Yes, they do.

unclesmrgol on February 8, 2013 at 11:20 PM

These same illegals go to the hospital when they are sick because by law hospitals can’t turn them away. Do you think they ever pay their bill?

Yes, they do.

unclesmrgol on February 8, 2013 at 11:20 PM

Who cares? We have to get over this notion that Americans owe anything to non-citizens just because they happen to be on our soil, legally or otherwise. We’ll only survive as a nation of “sovereignty” is more than a pretty word.

gryphon202 on February 9, 2013 at 12:05 AM

I’m all game with giving them a work visa and a path at some point in time to citizenship, if they go to the back of the line of the people who went proper. But who cares?

It’s a trap anyway, since Dems simply won’t enforce any laws they don’t like. No point in negotiating with people you damn sure know are in bad faith.

specialkayel on February 9, 2013 at 2:26 AM

This is what it’s about. A lot of these people don’t want to stay here permanently. They WANT to go back to Mexico and love their own country, however theres no jobs. They make money here and send it home to Mexico.

don’t care about becoming citizens, he claims, they care about jobs. Democrats, of course, care about the opposite; they’re willing to supply cheap labor to business even if it depresses wages for U.S. citizens in the expectation that they’ll net millions more Latino votes a decade or so from now.

TX-96 on February 9, 2013 at 6:11 AM

More Bush gifts being delivered-

Condi Rice to Form Bipartisan Immigration Reform Group

http://www.breitbart.com/Big-Government/2013/02/08/Condi-Rice-to-Form-Bipartisan-Immigration-Reform-Group

Sweet.

Mr. Arrogant on February 9, 2013 at 10:55 AM

Yes, but could they wait someplace else?

Another Drew on February 9, 2013 at 12:52 PM

Yes, but could they wait someplace else?

Another Drew on February 9, 2013 at 12:52 PM

Yes, many of them, why not? Especially those sending back their winnings – they have a home to go to, don’t they?

Why is it up to us to defend our selves against lawbreakers, by giving some perfect solution that will solve every issue?

1. we don’t want to make the problem worse
2. anything we do to lessen the issue is worth doing
3. enforcing the current law all that is necessary to deal with the emergency (if it really is worse than the fiscal problem we are ignoring).

virgo on February 9, 2013 at 1:18 PM

none of these purported comprehensive reforms will work unless someone addresses the ten year issue. why talk about where you are on the line when the problem is the length of the line. Is there any good reason that the line has to be ten years long. Which is it Government inefficiency or racism?

oznerola on February 9, 2013 at 3:57 PM

Racism is perhaps too strong a term but it is Nativism. There is a pervasive belief by 3rd 5th or 10th generation Americans that they should be able to close the door behind them to prevent others from challenging their positions. As an Immigrant from Italy I experienced this discrimination even from other 2nd or 3rd generation Italians.
The Labor protectionism espoused by some commentators is disconcerting. Perhaps they should vote Democrat, join a Union and picket to keep those alien scabs away from your jobs. But if you believe in free markets the solution to illegal immigration is obvious. Make legal immigration less of a burden by shortening the time it takes to be admitted once you have been approved for entry.
In case some of you don’t know once you have an approved petition for entry into the US as a legal permanent resident you have to wait about ten years because of the quota system. Congress permits only 1.1MM per year to enter the country as legal permanent resident aliens. This quota is essentially unchanged from 1924. In 1924 US had a population of 100MM now we have three times as much yet the racist/nativist quota is the same. In the face of such an unrealistically low quota restriction is there any doubt that a black market in labor i.e. illegal immigration would develop that would seek the easiest path. The solution to illegal entries over the Mexican border is not more fences or millions of border guards but a rational system of legal immigration that eliminates the quota altogether. Once a petition for legal entry is approved there should be no wait. It is no coincidence that we have 11-12mm illegals and we have 11-12 million approved legal entries into the US waiting tens years for the 1.1 million quota.

Is admitting 11 million into the US at once too much? Probably not since most are already here. But even if they weren’t during the great European migrations of the 19th century immigrants increased the US population by more than 10% a year. An increase of 3% per year in the population can be easily absorbed.

oznerola on February 9, 2013 at 6:46 PM

oznerola,

You do not know me.

You do not own me.

The U.S. Goverment does not own me.

On the off chance you do not understand the problems of unlimited illegal/legal immigration read “Apache” by Will Levinton Comfort.

On the chance you do want to live in a country run by communist some what like the current Democrat Party I suggest China.

Or just try Hong Kong.

Notwithstanding we live here by the rule of law and the current quotas have been set by our elected Goverment from 1924 to now.

As you say your an immigrant and felt discrimanation for that and your still alive you must not have been born before 1924 thus you knew the quotas as or before you came.

Your choice. Now if you get enough members of the Congress , House and Senate and get a law signed that is not over turned by the courts you will have something done which is the rule of law.

Notwithstanding all of that, those who broke the law unless the new law hands out pardons for the law breakers then that to is the law.

I know this brave new world of the commie Democrat thug Party hates to be reminded of the Constitution, the Rule of Law and all that old white men stuff, but you see we Apache came to the understanding after 300 years of war over our lands that we were defeated.

As of now those of U.S. who have our on opinions on this and so far have the law/laws on the books, that is how the thing works up to now.

If you like to you can learn Spanish and go on some La Raza blogs that operate in Mexico and tell them how mean and out of touch the Mexican immigrations laws are, that would seem to be your highest and best use. Seeing as how they are much more in need of lectures.

APACHEWHOKNOWS on February 9, 2013 at 7:40 PM

Racism is perhaps too strong a term but it is Nativism.

oznerola on February 9, 2013 at 6:46 PM

If wishing to enforce the laws we now have on the books makes me “nativist,” then I proudly plead guilty.

gryphon202 on February 9, 2013 at 9:47 PM

Democrats, of course, care about the opposite; they’re willing to supply cheap labor to business even if it depresses wages for U.S. citizens in the expectation that they’ll net millions more Latino votes a decade or so from now.

That expectation is rock-solid. The relevant immigrants come from a country where both major parties are officially socialist, and where the media is on the same page.

Also, these immigrants are Mestizo, which means they are likely to be anti-white / anti-gringo on day one; and the Democratic Party is the anti-white racial spoils party, the party that rips off whites to give to non-whites, via affirmative action and in every other way. Which way are a majority of the new brown masses going to vote? Duh!

That may not be polite to talk about, but “the browning of America” is the Democratic strategy, and it works.

David Blue on February 10, 2013 at 2:20 AM

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