Equal Time

I'm not yet convinced, but Weekly Standard Executive Editor Fred Barnes makes the conservative case for the proposed immigration bill:

Perhaps best of all, there's a reform that's been drastically undervalued by conservatives and everyone else: the end of chain migration. Currently, extended families of immigrants are given preference in entering America, and then the extended families of these extended families get priority, and so on. The chain goes on forever. This so-called "family unification" has meant we have practically no control over who comes in. Sixty percent or more of legal immigrants in recent years have arrived through this policy. . .

Nevertheless, many conservatives rejected the Kyl-Kennedy bill instantly, emphatically, and largely for one reason. They insist it's an amnesty bill, and they're right. It is an amnesty bill of sorts. The vast majority of folks living in America unlawfully wouldn't be arrested, prosecuted, or deported. On the other hand, they wouldn't be automatically eligible for citizenship either. But the bar for staying permanently with a Z visa--the trigger sunsets an initial probationary Z visa--would be set quite low. The criteria (learn English, pay a fine, stay out of jail) would be easy to meet. In effect, illegal immigrants would become privileged buttinskis, permitted to stay in the United States while others wait in the legal immigration line.

It's entirely understandable that conservatives are upset by this. And their skepticism about the bill's promise to deport illegal immigrants who don't qualify for Z visas and to force temporary foreign workers to go home is well-founded. Here once again, the bill can be improved by an amendment mandating expedited deportation of those without Z visas. The bill now requires only that deportation proceedings commence immediately.

Conservatives haven't sufficiently taken into account the other side of the bargain. The Kyl-Kennedy legislation--Kyl modestly thinks the bill ultimately won't be named after him--is a compromise. It's not ideal from anyone's perspective. Compromises never are. So Kyl-Kennedy is a deal in which both sides get something and give up something. It must be judged by how the tradeoffs balance out.

In negotiations with Kennedy, Kyl got the four major reforms favored by conservatives: border buildup, the trigger, temporary workers, and an end to chain migration. Kennedy got the Z visas to legalize 12 million people who've broken the law. The Z visas may be the single biggest accomplishment. But, cumulatively, what Kyl achieved amounts to much more. He--and conservatives--got the better deal.

Look at it this way. Kennedy's triumph is in allowing 12 million illegal immigrants to stay here indefinitely and pursue citizenship (only if they're ready to return to their home country). But it's not as if these people were going to be tossed out of the country otherwise. Even conservatives unhappy with the bill surely recognize this. The 12 million are here to stay, legally or illegally.

Remember: Without a compromise, there would be no opportunity at all to reform the badly broken immigration system. There would be no sweeping conservative reforms in play. And the 12 million would still be here.

It's a good argument, except for the last point--the only thing worse than suffering 12 million illegals is giving millions of intentional law-breakers amnesty.