For example. the draft bill does not. to my knowledge. do enough to curb one of the core flaws that undermined the 1986 amnesty billthat of unlimited judicial review. Indeed. just 2 weeks ago a judge ordered DHS to revisit whether a class of aliens should get the 1986 amnesty. It appears that if this bill passes. these aliens whose only real claim to participate in our system. will be able to take advantage of the new visa holder because they were able to delay through litigation. There are no limits on the number of motions to reopen the administrative process or times an alien can appeal to an article III court. If the American public is going to have confidence in this system. they need/to be assured there will be limits. In addition. I would note that the New York Times wrote that the 1986 amnesty bill produced the largest immigration fraud in the history of the United States. President Clintons INS general counsel testified that statutory restrictions on law enforcements ability to use the information contained in amnesty applications Impeded their ability to detect the fraud. To my knowledge. this bill continues to require confidentiality in certain cases where the application is denied. In the end. as much as I believe we should continue to work together to reach consensus on the critical issue of Immigration reforma matter of national import but that is particularly important to my home State of Texas--I cannot in good conscience agree to proceed to legislation which we anticipate replacing with language we received at 2 a.m. on Saturdaywithout appropriate committee reviewthe text of which Is hundreds of pages in length. the provisions of which are as complicated as any legislation we will take up and the impact of which will be felt. for better or worse. for generations to come.
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