"I am deeply concerned about the numerous loopholes we have found in this legislation. They are more than technical errors, but rather symptoms of a fundamentally flawed piece of legislation that stands no chance of actually fixing our broken immigration system... Many of the loopholes are indicative of a desire not to have the system work."
Here are a few of the more egregious loopholes, but they are all terrible. Read the whole thing, if you can stand it.
Loophole 5 - Completion of Background Checks Not Required For Probationary Legal Status: Legal status must be granted to illegal aliens 24 hours after they file an application, even if the aliens have not yet "passed all appropriate background checks." (Last year's bill gave DHS 90 days to check an alien's background before any status was granted). No legal status should be given to any illegal alien until all appropriate background checks are complete. [See pp. 290].
Loophole 6 - Some Child Molesters Are Still Eligible: Some aggravated felons — those who have sexually abused a minor — are eligible for amnesty. A child molester who committed the crime before the bill is enacted is not barred from getting amnesty if their conviction document omitted the age of the victim. The bill corrects this loophole for future child molesters, but does not close the loophole for current or past convictions. [See p. 47: 30-33, & p. 48: 1-2]
Loophole 7 - Terrorism Connections Allowed, Good Moral Character Not Required: Illegal aliens with terrorism connections are not barred from getting amnesty. An illegal alien seeking most immigration benefits must show "good moral character." Last year's bill specifically barred aliens with terrorism connections from having "good moral character" and being eligible for amnesty. This year's bill does neither. Additionally, bill drafters ignored the Administration's request that changes be made to the asylum, cancellation of removal, and withholding of removal statutes in order to prevent aliens with terrorist connections from receiving relief. [Compare 167 204 in S. 2611 from the 109th Congress with missing 167 204 on p. 48 of S.A. 1150, & see missing subsection (5) on p. 287 of S.A. 1150].
Loophole 8 - Gang Members Are Eligible: Instead of ensuring that members of violent gangs such as MS 13 are deported after coming out of the shadows to apply for amnesty, the bill will allow violent gang members to get amnesty as long as they "renounce" their gang membership on their application. [See p. 289: 34-36]. [Sen. Sessions Releases List of 20 Loopholes in the Senate Immigration Bill, Sen. Jeff Sessions Press Release 6/4/07]
This list should not be construed to mean that there are ONLY 20 loopholes in the Senate amnesty bill.