Speech #1050092494

Mr. Speaker. I support the motion to instruct conferees to disagree with the Senate provision that makes permanent an immigration provision known as 245(i). The overriding objective of the Illegal Immigration Reform and Immigrant Responsibility Act. enacted by overwhelming margins in 1996. was to remove incentives for illegal immigration and require illegal aliens to return to their home countries or be removed. Section 245(1) directly contradicts this goal. Section 245(i) permits illegal aliens who have become eligible for an immigrant visa to adjust to legal immigrant status without having to follow the normal procedure for obtaining an immigrant visa. applying for the visa at a U.S. consulate. By allowing illegal aliens to bypass the legal process. we reward illegal behavior. and actually encourage aliens to enter or stay in the United States illegally. Section 245(i) rewards those who jump the line. and insults aliens who follow the law and wait for their visa before entering the United States. As a result. lawabiders have to wait to be with their families. while lawbreakers do not. The penalty paid by 245(t) applicants for the right to adjust status. a fee of $1.000. is minuscule compared to the multibillion dollar cost imposed on taxpayers as a whole by illegal immigration. While the Federal Government spends hundreds of millions of dollars trying to prevent illegal immigration and to remove illegal aliens on the one hand. it is encouraging illegal behavior with 245(i) on the other. That simply does not make any sense. The chief beneficiaries of 245(i) are the relatives of formerly illegal aliens legalized under the amnesty passed in 1986. proving once again that amnesties are among the worst possible options in immigration policy. The requirement to undergo visa processing in ones own country is not a mere formality. Waiting for a visa outside of the U.S. allows more time. if required. for problem cases. If the visa should be denied. the alien is already outside of the United States and does not need to be deported. In addition. consular officers often are in a better position than INS to identify circumstances particular to a country of origin. such as a criminal background. that warrant closer examination or even denial of the application. Mr.