IMHO it appears Senator Kyl did not know he was being recorded.
FYI, Senator Kyl sponsored President Bush's Amnesty Bill early in 2007 right after he was re-elected. I worked diligently on his fall 2006 campaign and I felt betrayed.
Jon Kyl could redeem himself if he would lead a successful effort to (a) close the borders, (b) cease ALL immigration (legal and illegal) until (c) we can sort out exactly who is in our borders.