The "ag problem" is solvable by a REAL "temporary guest worker program". But any such solution must be one with REAL TEETH to assure that they GO HOME and doesn't offer any "path to citizenship". You are correct. The entire trouble with the senate shamnesty bill is that it begins with the assumption that 12 or 15 or 20 million or more illegal aliens have a right to be here and are eligible for immediate Z-visas and citizenship tracks.
There is no attempt to separate the desire-ables from the undesirables. What needs to be done are three things:
- CATEGORY ONE: Stepped up enforcement and deportation of the undesirables starting with gang bangers, drug pushers and reconquistadoras, then moving to welfare cheats and the unemployable.
- CATEGORY TWO: Guest worker track visas for the productive and employable who have no desire for citizenship but demonstrate responsibility and willingness to return home, make legal application and clear background checks which they, or their employers would pay for. The hurdles for these people could be relatively low such as return and application, basic background check to show they have no criminal history and medical checks to show they are free of communicable diseases. They would need employer sponsors willing to pay their true costs, not simply have the taxpayers pick up the tab for the difference. These would be the majority of the visas, issued on as "as needed" basis for a limited time such as three years, during which time a reevaluation is done both as to just how many are needed and how well the worker followed the conditions of their guest worker status.
- CATEGORY THREE: Finally, there would be a limited number of citizenship track visas. The hurdles would be and should be high and involve real fines (not token fines with more than token tax relief as the current senate bill proposes), going to the back of the line and demonstrated proficiency in English. This would be the smallest group and would intentionally be designed to be small to allow the time necessary for proper background checks. It should be no bigger than category #1 initially, but could grow as the removal of category #1 illegals would free up investigation resources for category #3.
Countries unwilling to take back their undesirables in category #1 would be ineligible for visas in category #2. Just see how fast Mexico would be willing to take back category #1s once they see other countries which are lining up for category #2 slots.
I agree with most of your points except category 3.
NO person who has come here in violation of our laws should EVER be, or become, eligible for citizenship, as a result of that action.
The absolute maximum amnesty for those types should be permanent residency (with NO associated path the citizenship). The best they are eligible for is that their children (if born here) will be eligible. I'd even go so far as to allow some mechanism for children not born here to become citizens, as they weren't the responsible parties in breaking our laws.
"IF" they go home, get in line with the regular LEGAL immigrants, and go through the process, THEN they can become citizens.