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Edwin Meese: An Amnesty by Any Other Name ...

IN the debate over immigration, "amnesty" has become something of a dirty word. Some opponents of the immigration bill being debated in the Senate assert that it would grant amnesty to millions of illegal immigrants. Supporters claim it would do no such thing. Instead, they say, it lays out a road map by which illegal aliens can earn citizenship.

Perhaps I can shed some light. Two decades ago, while serving as attorney general under President Ronald Reagan, I was in the thick of things as Congress debated the Immigration Reform and Control Act of 1986. The situation today bears uncanny similarities to what we went through then.

In the mid-80's, many members of Congress — pushed by the Democratic majority in the House and the Select Commission on Immigration and Refugee Policy — advocated amnesty for long-settled illegal immigrants. President Reagan considered it reasonable to adjust the status of what was then a relatively small population, and I supported his decision.

In exchange for allowing aliens to stay, he decided, border security and enforcement of immigration laws would be greatly strengthened — in particular, through sanctions against employers who hired illegal immigrants. If jobs were the attraction for illegal immigrants, then cutting off that option was crucial.

Beyond this, most illegal immigrants who could establish that they had resided in America continuously for five years would be granted temporary resident status, which could be upgraded to permanent residency after 18 months and, after another five years, to citizenship.

Note that this path to citizenship was not automatic. Indeed, the legislation stipulated several conditions: immigrants had to pay application fees, learn to speak English, understand American civics, pass a medical exam and register for military selective service. Those with convictions for a felony or three misdemeanors were ineligible. Sound familiar? These are pretty much the same provisions included in the new Senate proposal and cited by its supporters as proof that they have eschewed amnesty in favor of earned citizenship.

The difference is that President Reagan called this what it was: amnesty. Indeed, look up the term "amnesty" in Black's Law Dictionary, and you'll find it says, "the 1986 Immigration Reform and Control Act provided amnesty for undocumented aliens already in the country." ...

Will history repeat itself? I hope not. In the post-9/11 world, secure borders are vital. We have new tools — like biometric technology for identification, and cameras, sensors and satellites to monitor the border — that make enforcement and verification less onerous. And we can learn from the failed policies of the past.

President Bush and Congress would do better to start with securing the border and strengthening enforcement of existing immigration laws. We might also try improving on Ronald Reagan's idea of a pilot program for genuinely temporary workers. ...



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