Friday, July 21, 2006

McCain Immigration Bill Update 2

Here is the least interesting part of the Bill, but to make sure that it gets the analysis it deserves:

Section 121

Requires the Secretary for the Department of Homeland Security to coordinate with federal, state, local and tribal authorities to set aside areas of responsibility with regard to border security. Transfer of authority and coordination between the different jurisdictions are also to be laid out. The secretary is to report to the different senate committees one year after the plan is implemented.
Section 122

Directs the Secretary for the Department of Homeland Security to create a commission to advise him on border security issues made up of community officials, local law enforcement representatives from the border states,.as well as other interested parties.

Section 123

Authorizes and Requires the Secretary to use existing and new aerial surveillance technologies and to put them in place on the border, both manned and the unmanned drones. The Secretary is to coordinate with the Secretary of Defense and the Director of the FAA to guarantee the safety and correct use of the technology. The plan must begin to be implemented 60 days after the Bill is passed and the Secretary of DHS will report on the implementation one year after that.

Section 124

This Section calls for the Secretary of DHS to coordinate between the FBI, Customs Enforcement, and the Bureau of Customs and Border Protection to develop a plan to combat Human Smuggling. The plan is to focus on data interoperability, training, methods and training between the departments. A special focus is to be placed upon International Money Laundering, and the effective utilization of visas for victims of trafficking. Secretary can meet with the Secretary of State to include other countries in the effort to gather more information about these practices. Again the Secretary will report one year from the time of implementation.

Section 125

Savings clause. Subsections A and B do not grant, nor can they be construed to grant any additional authority to enforce illegal immigration laws to State or Local authorities.


121 is very important, although I would hope that this is already being worked on outside this Bill. The next section forms another dreaded “Blue Ribbon Commission” that can often take serious matters and add a great degree of politicization. I especially dislike the “other interested parties” which will include MEChA, the ACLU, Joe Biden, and any number of unserious attention seekers that will distract from the overall effectiveness of securing the border. I’m not a big fan of the advising committee.

Sections 123 and 124 are good, but I see no specific call for punishment of human smuggling, just a call for “preventing.” You cannot stop smuggling without sanctions. Seeing as all that is essential calle dfor is the formation of several plans, I do not see how the Savings clause is truly necessary in this case, but I and far from a qualified legal scholar.

Next update, we will start to delve into the more controversial parts of the Bill.

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