Rubio's Folly

The "Bipartisan Framework for Comprehensive Immigration Reform" released on January 28, 2013 by Senators Charles Schumer (D-NY), John McCain (R-AZ), Dick Durbin (D-IL), Lindsay Graham (R-FL), Robert Menendez (D-NJ), Marco Rubio (R-FL), Michael Bennet (R-UT), and Jeff Flake (R-AZ) , gives legal status to illegal aliens before controlling the border.  After describing limited "security measures" the Framework states:

While these security measures are being put into place, we will simultaneously require those who came or remained in the United States without our permission to register with the government. This will include passing a background check and settling their debt to society by paying a fine and back taxes, in order to earn probationary legal status, which will allow them to live and work legally in the United States.

After obtaining "probationary legal status" the formerly illegal alien can obtain a green card after satisfying additional requirements, if he or she wants it.  However, before green cards can be given to these former illegal aliens, border enforcement is required.  The Framework states:

We will demonstrate our commitment to securing our borders and combating visa overstays by requiring our proposed enforcement measures be complete before any immigrant on probationary status can earn a green card.

Therefore, "probationary legal status" is given immediately to millions of illegal aliens who pass a background check, register, and pay fines and back taxes.  The failure to control the border will only prevent these newly legalized former illegal aliens from being given green cards.  But they will not need the green cards to live and work legally in the United States.  They can continue to stay and have children upon whom we bestow automatic United States citizenship.

The Framework states:

Our purpose is to ensure that no one who has violated America's immigration laws will receive preferential treatment as they relate to those individuals who have complied with the law.

This is outright deception because the authors of the Framework have ensured the opposite.  The millions of people around the world who stay in their countries and follow our laws in applying to enter the United States legally do not get "probationary legal status" while waiting for their green cards.  They do not get to live and work legally in the United States while waiting for their green cards.  Their children are not born here and do not receive automatic United States citizenship.  The people who follow our are laws are honorable.  They are the kind of people we want in our country.  The people who violated America's immigration laws will receive preferential treatment over those individuals who have complied with the law.

But to President Obama, the rest of the elected Democrats, and a significant number of elected Republicans, including Senator Rubio, those who comply with the law are chumps.  Those who butted in front of these "chumps" will enjoy what is left of America.

Allan J. Favish is an attorney in Los Angeles.  His website is  He has co-authored with James Fernald a new book about what might happen if the government ran Disneyland entitled "Fireworks! If the Government Ran the Fairest Kingdom of Them All (A Very Unauthorized Fantasy).

If you experience technical problems, please write to