Cornyn/Kyl
ShareAnother big test for the POTUS/Frist immigration push: whether the Cornyn/Kyl amendment passes. A vote is expected by 10:15 a.m ET.
The text, which is included after the jump. It "closes a loophole in S.2611 that would allow criminal aliens to obtain legal status."
Coming next: whether illegal immigrants should be required to learn English.
Senators Kyl and Cornyn have offered an amendment to S. 2611 (the base immigration bill). The amendment
The amendment clarifies that any illegal alien who is ineligible for a visa, or who has been convicted of a felony or three misdemeanors, is ineligible for a green card.
S.2611 (the base bill) would also allow illegal aliens who have ignored a deportation order to obtain a green card. The Kyl-Cornyn amendment closes that loophole so that aliens who ignore our judicial system will not be rewarded with a green card.
There are certain crimes - including felony crimes - that do not disqualify an alien from a visa.
This amendment therefore ensures that no felon or repeat criminal will obtain an automatic path to a green card.
Without the Kyl-Cornyn amendment, convictions for the following crimes would not stop an illegal alien from obtaining a green card:
· Kidnapping (simple), Hamdan v. INS, 98 F.3d 183 (5th Cir. 1996)
· Weapons possession (possession of a sawed-off shotgun), Matter of Granados, 16 I&N Dec. 726 (BIA 1979)
· Alien smuggling, U.S. v. Sucki, 748 F. Supp. 66 (E.D.N.Y. 1990)
· Money laundering (structuring financial transactions to avoid currency reporting), Goldeshtein v. INS, 8 F.3d 645 (9th Cir. 1993)
The amendment includes waiver language that only is available to non-criminal aliens who have been ordered deported (i.e. there is no waiver for the felony/three misdemeanor provisions). The Secretary of Homeland Security may grant a waiver to a non-criminal alien if the alien establishes (i) that the alien did not have notice of the deportation hearing or exceptional circumstances prevented the alien from appearing at the hearing, or (ii) departure would cause extreme hardship to the alien’s spouse, child or parent (who is a US Citizen or green card holder) – e.g. humanitarian waiver.
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