Comprehensive Immigration Reform Act of 2007


Sixty votes were needed for Cloture. 
The vote failed Cloture Fails 46-53.


Now, aren't you glad that YOU WERE FAITHFUL in 'well doing' so that we can 'reap' a VICTORY!!  Grassroots American made their voices heard and America  WON!!  Now congress should see that present laws are enforced, the borders are closed and secured and the fence is finally built

Senators Alexander [615-736-5129] and Corker [615-279-8125] voted NO! THANK THEM.


U.S. Senate Roll Call Votes 110th Congress - 1st Session as compiled through Senate LIS by the Senate Bill Clerk under the direction of the Secretary of the Senate
Vote Summary
http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=110&session=1&vote=00202

Question: On the Cloture Motion (Motion to Invoke Cloture on S.1639 )
Vote Number: 235 Vote Date: June 28, 2007, 11:04 AM
Required For Majority: 3/5 Vote Result: Cloture Motion Rejected
Measure Number: S. 1639
Measure Title: A bill to provide for comprehensive immigration reform and for other purposes.
Vote Counts: YEAs 46

 
NAYs 53

 
Not Voting 1

Grouped By Vote Position

YEAs ---46
Akaka (D-HI)
Bennett (R-UT)
Biden (D-DE)
Boxer (D-CA)
Cantwell (D-WA)
Cardin (D-MD)
Carper (D-DE)
Casey (D-PA)
Clinton (D-NY)
Conrad (D-ND)
Craig (R-ID)
Dodd (D-CT)
Durbin (D-IL)
Feingold (D-WI)
Feinstein (D-CA)
Graham (R-SC)
 
Gregg (R-NH)
Hagel (R-NE)
Inouye (D-HI)
Kennedy (D-MA)
Kerry (D-MA)
Klobuchar (D-MN)
Kohl (D-WI)
Kyl (R-AZ)
Lautenberg (D-NJ)
Leahy (D-VT)
Levin (D-MI)
Lieberman (ID-CT)
Lincoln (D-AR)
Lott (R-MS)
Lugar (R-IN)
Martinez (R-FL)
 
McCain (R-AZ)
Menendez (D-NJ)
Mikulski (D-MD)
Murray (D-WA)
Nelson (D-FL)
Obama (D-IL)
Reed (D-RI)
Reid (D-NV)
Salazar (D-CO)
Schumer (D-NY)
Snowe (R-ME)
Specter (R-PA)
Whitehouse (D-RI)
Wyden (D-OR)
 
NAYs ---53
Alexander (R-TN)
Allard (R-CO)
Barrasso (R-WY)
Baucus (D-MT)
Bayh (D-IN)
Bingaman (D-NM)
Bond (R-MO)
Brown (D-OH)
Brownback (R-KS)
Bunning (R-KY)
Burr (R-NC)
Byrd (D-WV)
Chambliss (R-GA)
Coburn (R-OK)
Cochran (R-MS)
Coleman (R-MN)
Collins (R-ME)
Corker (R-TN)
 
Cornyn (R-TX)
Crapo (R-ID)
DeMint (R-SC)
Dole (R-NC)
Domenici (R-NM)
Dorgan (D-ND)
Ensign (R-NV)
Enzi (R-WY)
Grassley (R-IA)
Harkin (D-IA)
Hatch (R-UT)
Hutchison (R-TX)
Inhofe (R-OK)
Isakson (R-GA)
Landrieu (D-LA)
McCaskill (D-MO)
McConnell (R-KY)
Murkowski (R-AK)
 
Nelson (D-NE)
Pryor (D-AR)
Roberts (R-KS)
Rockefeller (D-WV)
Sanders (I-VT)
Sessions (R-AL)
Shelby (R-AL)
Smith (R-OR)
Stabenow (D-MI)
Stevens (R-AK)
Sununu (R-NH)
Tester (D-MT)
Thune (R-SD)
Vitter (R-LA)
Voinovich (R-OH)
Warner (R-VA)
Webb (D-VA)
 
Not Voting - 1
Johnson (D-SD)
 

 
Corker Comments on Cloture Vote on Immigration Bill
Video/Audio Excerpts Available on 3:45 p.m. ET Feed
 For immediate release:         Laura Lefler, 202-224-3467
June 28, 2007

WASHINGTON, D.C. – U.S. Senator Bob Corker (R-TN) spoke on the Senate floor this morning prior to a cloture vote on the immigration reform bill. Corker has voted three times against cloture on the bill and will vote against cloture for a fourth time today.

The following is an excerpt from Corker’s remarks:

“I think that this bill is not good for America because I believe America has lost faith in our government's ability to do the things that it says it will do. We've had intelligence gaps. We've had evolving reasons as to why we're involved in military conflicts. We've seen what's happened at the local, state, and federal level (in situations) like Katrina. We have ministers that want to go on mission trips today but cannot get passports renewed. This is about competence. It is about credibility. I think Americans feel that they are losing their country. They're not losing it to people who speak differently or talk differently or are from different backgrounds. They're losing it to a government that … (does) not have the competence or the ability to carry out the things that it says it will do.”

Excerpts of Corker’s floor remarks will be available on a satellite feed at 3:45 p.m. EDT.  The satellite coordinates are as follows:

Thursday, June 28, 2007
3:45 – 4:00 p.m. EDT
AMC 1
Transponder 23 Horizontal
Downlink 4160
Audio – C-band analog

Audio will be available after 4:00 p.m. EDT at http://www.src.senate.gov/radio/ and in the voice mail box: 1-800-545-1267, mailbox # 338.

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ALEXANDER VOTES AGAINST IMMIGRATION BILL
For immediate release:                                                                                  
June 28, 2007                                                                                                      


WASHINGTON- U.S. Senator Lamar Alexander (R-TN) today issued the following statement following his vote against the immigration bill:

“I voted no because this immigration bill is not ready and has not earned the confidence of the American people,” Alexander said. “With this bill, Congress has been trying to bite off more than it can chew on a problem that has been 20 years in the making. To regain the public’s confidence, we ought to scale it back and fix the problem step-by-step by absolutely securing our borders first, then enforcing our laws without amnesty.

I hope there eventually will be a piece of legislation I can support that will make it possible to secure the border, help prospective citizens learn English and do a better job of welcoming highly skilled foreign workers and researchers who create jobs in the United States. We have more work to do to achieve these goals. I hope Washington has learned some important lessons from this process. The people expect us to deal with major issues but with a full and open debate.”

The immigration bill (S. 1639) failed by a vote of 46 to 53, 14 votes short of 60 votes required to invoke cloture under Senate Rules.

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Congress needs courage enough to say no to immigration amnesty bill
By BOBBIE PATRAY
Tennessee Voices
Saturday, 06/23/07

Charlton Heston has rightly stated that "popularity is the pocket change of life, courage is the hard currency." In the fight to preserve the sovereignty of this nation, we now have the "hero trio." Senators Jeff Sessions, R-Ala. ,Jim DeMint, R-S.C., and David Vitter, R-La., have committed themselves to protecting us from the amnesty bill that may be resuscitated.

These men, joined by a few more of their colleagues, recently sent the president a letter asking that his "administration enforce the border security laws that have already been authorized by Congress regardless of whether the Senate passes the immigration reform bill. The bill assumes that several critical border security benchmarks can be achieved within 18 months. These security triggers are already authorized under current law and can be completed without the immigration bill. We believe these enforcement measures are vital and should not wait until Congress passes additional immigration reforms."

The letter then lists four security benchmarks to be completed as "triggers" before other parts of the bill go into effect.

Bill proponents claim these provisions can be implemented within 18 months. However the truth is that all of them can be implemented under current law.

The trust factor with political promises on this subject is non-existent.
http://www.tennessean.com/apps/pbcs.dll/article?AID=/20070623/OPINION03/706230338/1007/OPINION

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You will NOT want to miss these brief videos on YouTube.
The first one he particularly disturbing.

Immigration lawyer explaining to seminar attendees how to pretend to look for American workers while ensuring no one responds

http://www.youtube.com/programmersguild

Corporate America finds new ways NOT to hire Americans
http://www.youtube.com/watch?v=Gi1R4iDx3Lg

Lou Dobbs: H1B visa scam hurts American college grads
http://www.youtube.com/watch?v=lL_fTICwFCA&mode=related&search=

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The MOST shameful vote during the debate:  Sen. Coburn introduced an amendment to require the enforcement of existing border security and immigration laws and congressional approval before amnesty can be granted and it FAILED54 Senators voted NO.

U.S. Senate Roll Call Votes 110th Congress - 1st Sessionas compiled through Senate LIS by the Senate Bill Clerk under the direction of the Secretary of the Senate
Vote Summary
http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=110&session=1&vote=00202

Question: On the Amendment (Coburn Amdt. No. 1311, As Modified )
Vote Number: 202 Vote Date: June 7, 2007, 11:05 AM
Required For Majority: 1/2 Vote Result: Amendment Rejected
Amendment Number: S.Amdt. 1311 to S.Amdt. 1150 to to S. 1348 (Comprehensive Immigration Reform Act of 2007 )
Statement of Purpose: To require the enforcement of existing border security and immigration laws and Congressional approval before amnesty can be granted.
Vote Counts: YEAs 42

 
NAYs 54

 
Not Voting 3

Grouped By Vote Position

YEAs ---42
Alexander (R-TN)
Allard (R-CO)
Baucus (D-MT)
Bayh (D-IN)
Bond (R-MO)
Bunning (R-KY)
Burr (R-NC)
Chambliss (R-GA)
Coburn (R-OK)
Cochran (R-MS)
Coleman (R-MN)
Conrad (D-ND)
Corker (R-TN)
Cornyn (R-TX)
 
Crapo (R-ID)
DeMint (R-SC)
Dole (R-NC)
Dorgan (D-ND)
Ensign (R-NV)
Enzi (R-WY)
Grassley (R-IA)
Gregg (R-NH)
Hatch (R-UT)
Inhofe (R-OK)
Isakson (R-GA)
Landrieu (D-LA)
Lott (R-MS)
McCaskill (D-MO)
 
McConnell (R-KY)
Nelson (D-NE)
Pryor (D-AR)
Roberts (R-KS)
Rockefeller (D-WV)
Sessions (R-AL)
Shelby (R-AL)
Smith (R-OR)
Snowe (R-ME)
Stabenow (D-MI)
Sununu (R-NH)
Tester (D-MT)
Thune (R-SD)
Vitter (R-LA)
 
NAYs ---54
Akaka (D-HI)
Bennett (R-UT)
Biden (D-DE)
Bingaman (D-NM)
Boxer (D-CA)
Brown (D-OH)
Brownback (R-KS)
Byrd (D-WV)
Cantwell (D-WA)
Cardin (D-MD)
Carper (D-DE)
Casey (D-PA)
Clinton (D-NY)
Collins (R-ME)
Craig (R-ID)
Dodd (D-CT)
Domenici (R-NM)
Durbin (D-IL)
 
Feingold (D-WI)
Feinstein (D-CA)
Graham (R-SC)
Hagel (R-NE)
Harkin (D-IA)
Hutchison (R-TX)
Inouye (D-HI)
Kennedy (D-MA)
Klobuchar (D-MN)
Kohl (D-WI)
Kyl (R-AZ)
Lautenberg (D-NJ)
Leahy (D-VT)
Levin (D-MI)
Lieberman (ID-CT)
Lincoln (D-AR)
Lugar (R-IN)
Martinez (R-FL)
 
Menendez (D-NJ)
Mikulski (D-MD)
Murkowski (R-AK)
Murray (D-WA)
Nelson (D-FL)
Obama (D-IL)
Reed (D-RI)
Reid (D-NV)
Salazar (D-CO)
Sanders (I-VT)
Schumer (D-NY)
Specter (R-PA)
Stevens (R-AK)
Voinovich (R-OH)
Warner (R-VA)
Webb (D-VA)
Whitehouse (D-RI)
Wyden (D-OR)
 
Not Voting - 3
Johnson (D-SD)
 
Kerry (D-MA)
 
McCain (R-AZ)
 


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Sen. Sessions Releases List of 20 Loopholes in the Senate Immigration Bill
Monday, June 4, 2007

WASHINGTON – U.S. Sen. Jeff Sessions (R-AL) released a list of 20 loopholes in the comprehensive immigration bill today which reveals that the bill is fatally flawed and will not establish a functioning immigration system in the future.

The list of loopholes includes flaws effecting border security, chain-migration and assimilation policies. The list exposes the lack of serious attention given to ensuring that the legislation fixes America’s failed immigration system.

“I am deeply concerned about the numerous loopholes we have found in this legislation. They are more than technical errors, but rather symptoms of a fundamentally flawed piece of legislation that stands no chance of actually fixing our broken immigration system,” Sessions said. “Many of the loopholes are indicative of a desire not to have the system work.”

For example, one loophole in the “enforcement trigger” fails to require the U.S. VISIT system – the biometric border check-in/check-out system established by Congress in 1996, but never implemented – to be fully functioning before new worker or amnesty programs begin. Without the system in place, the U.S. has no method of ensuring that workers and their families do not overstay their visas.

Another flaw in the legislation prevents the benefits of merit-based immigration from taking full effect until 2016. Until then, chain migration into the U.S. will actually triple, compared to a disproportionately low increase in skill-based immigration. As a result, the merit-based system in the bill is only a shell of what it should have been.

A third loophole in the bill allows immigrants to avoid demonstrating a proficiency in English for more than a decade. Illegal aliens are not required to learn English to receive full “probationary benefits” of citizenship. Passing a basic English test is only required for the third Z-visa renewal, twelve years after amnesty is granted.

Sessions will highlight many of the loopholes contained in the list this week during Senate debate on the immigration bill.

20 Loopholes in the Senate Immigration Bill

? Loophole 1 – Legal Status Before Enforcement:
Amnesty benefits do not wait for the “enforcement trigger.” After filing an application and waiting 24 hours, illegal aliens will receive full “probationary benefits,” complete with the ability to legally live and work in the U.S., travel outside of the U.S. and return, and their own social security card. Astonishingly, if the trigger is never met and amnesty applications are therefore never “approved,” the probationary benefits granted to the illegal alien population never expire, and the new social security cards issued to the illegal alien population are not revoked. [See pp. 1, 290-291, & 315].

? Loophole 2 – U.S. VISIT Exit Not In Trigger:
The “enforcement trigger,” required to be met before the new temporary worker program begins, does not require that the exit portion of U.S. VISIT system – the biometric border check-in/check-out system first required by Congress in 1996 that is already well past its already postponed 2005 implementation due date – to be in place before new worker or amnesty programs begin. Without the U.S. VISIT exit portion, the U.S. has no method to ensure that workers (or their visiting families) do not overstay their visas. Our current illegal population contains 4 to 5.5 million visa overstays, therefore, we know that the U.S. VISIT exit component is key to a successful new temporary worker program. [See pp. 1-2].

? Loophole 3 – Trigger Requires No More Agents, Beds, or Fencing Than Current Law:
The “enforcement trigger” does not require the Department of Homeland Security to have detention space sufficient to end “catch and release” at the border and in the interior. Even after the adoption of amendment 1172, the trigger merely requires the addition of 4,000 detention beds, bringing DHS to a 31,500 bed capacity. This is far short of the 43,000 beds required under current law to be in place by the end of 2007, or the additional 20,000 beds required later in the bill. Additionally, the bill establishes a “catch, pay, and release” program. This policy will benefit illegal aliens from countries other than Mexico that are caught at the border, then can post a $5,000 bond, be released and never show up for deportation hearings. Annual failure to appear rates for 2005 and 2006, caused in part by lack of detention space, doubled the 2004 rate (106,000 – 110,000 compared with 54,000). Claims that the bill “expands fencing” are inaccurate. The bill only requires 370 miles of fencing to be completed, while current law already mandates that more than 700 miles be constructed [See pp. 1-2, & 10-11, and EOIR’s FY2006 Statistical Yearbook, p. H2, and The Secure Fence Act of 2004].

? Loophole 4 -- Three Additional Years Worth of Illegal Aliens Granted Status, Treated Preferentially To Legal Filers:
Aliens who broke into the country illegally a mere 5 months ago, are treated better than foreign nationals who legally applied to come to the U.S. more than two years ago. Aliens who can prove they were illegally in the U.S. on January 1, 2007, are immediately eligible to apply from inside the U.S. for amnesty benefits, while foreign nationals that filed applications to come to the U.S. after May 1, 2005 must start the application process over again from their home countries. Last year’s bill required illegal aliens to have been here before January 7, 2004 to qualify for permanent legal status. [See pp. 263, 282, & 306].

? Loophole 5 – Completion of Background Checks Not Required For Probationary Legal Status:
Legal status must be granted to illegal aliens 24 hours after they file an application, even if the aliens have not yet “passed all appropriate background checks.” (Last year’s bill gave DHS 90 days to check an alien’s background before any status was granted). No legal status should be given to any illegal alien until all appropriate background checks are complete. [See pp. 290].

? Loophole 6 – Some Child Molesters Are Still Eligible:
Some aggravated felons – those who have sexually abused a minor – are eligible for amnesty. A child molester who committed the crime before the bill is enacted is not barred from getting amnesty if their conviction document omitted the age of the victim. The bill corrects this loophole for future child molesters, but does not close the loophole for current or past convictions. [See p. 47: 30-33, & p. 48: 1-2]

? Loophole 7 – Terrorism Connections Allowed, Good Moral Character Not Required:
Illegal aliens with terrorism connections are not barred from getting amnesty. An illegal alien seeking most immigration benefits must show “good moral character.” Last year’s bill specifically barred aliens with terrorism connections from having “good moral character” and being eligible for amnesty. This year’s bill does neither. Additionally, bill drafters ignored the Administration’s request that changes be made to the asylum, cancellation of removal, and withholding of removal statutes in order to prevent aliens with terrorist connections from receiving relief. [Compare §204 in S. 2611 from the 109th Congress with missing §204 on p. 48 of S.A. 1150, & see missing subsection (5) on p. 287 of S.A. 1150].

? Loophole 8 – Gang Members Are Eligible:
Instead of ensuring that members of violent gangs such as MS 13 are deported after coming out of the shadows to apply for amnesty, the bill will allow violent gang members to get amnesty as long as they “renounce” their gang membership on their application. [See p. 289: 34-36].

? Loophole 9 – Absconders Are Eligible:
Aliens who have already had their day in court – those subject to final orders of removal, voluntary departure orders, or reinstatement of their final orders of removal – are eligible for amnesty under the bill. The same is true for aliens who have made a false claim to citizenship or engaged in document fraud. More than 636,000 alien fugitives could be covered by this loophole. [See p. 285:19-22 which waives the following inadmissibility grounds: failure to attend a removal proceeding; final orders of removal for alien smuggling; aliens unlawfully present after previous immigration violations or deportation orders; and aliens previously removed. This appears to conflict with language on p. 283:40-41. When a direct conflict appears in a statute, the statue is interpreted by the courts to the benefit of the alien.].
? Loophole 10 – Learning English Not Required For A Decade:
Illegal aliens are not required to demonstrate any proficiency in English for more than a decade after they are granted amnesty. Learning English is not required for an illegal alien to receive probationary benefits, the first 4-year Z visa, or the second 4-year Z visa. The first Z visa renewal (the second 4-year Z visa) requires only that the alien demonstrate an “attempt” to learn English by being “on a waiting list for English classes.” Passing a basic English test is required only for a second Z visa renewal (the third 4-year Z visa), and even then the alien only has to pass the test “prior to the expiration of the second extension of Z status” (12 years down the road). [See pp. 295-296].

? Loophole 11 – Earned Income Tax Credit Will Cost Taxpayers Billions In Just 10 Years:
Current illegal aliens and new guest workers will be eligible for the Earned Income Tax Credit, a refundable tax credit designed to encourage American citizens and legal permanent residents to work. The Congressional Budget Office estimates that this loophole will cost the U.S. taxpayer up to $20 billion dollars in just the first 10 years after the bill’s enactment. To be consistent with the intent of the 1996 welfare reforms – which limited new immigrants from receiving public benefits until they had been legal permanent residents for five years – the bill should withhold EITC eligibility from amnestied aliens until they become legal permanent residents. Closing this loophole will save the taxpayers billions of dollars. [See p. 293 after S.A. 1190 was adopted, p. 307, p. 315, §606. All that is required for EITC eligibility is a social security number and resident alien status. Nothing in the bill’s tax provisions limit EITC eligibility. The issuance of social security numbers to aliens as soon as they apply for amnesty will ensure they are able to qualify for the EITC.]

? Loophole 12 – Affidavits From Friends Accepted As Evidence:
Records from day-labor centers, labor unions, and “sworn declarations” from any non-relative (acquaintances, friends, coworkers, etc) are to be accepted as evidence that the illegal alien has satisfied the bill’s amnesty requirements. This low burden of proof will invite fraud and more illegal immigration – even aliens who are not yet in the U.S. will likely meet this burden of proof. DHS will not have the resources to examine whether the claims contained in the “sworn declarations” of the alien’s friends (that the alien was here prior to January 1, 2007 and is currently employed) are actually valid. [See p. 293: 13-16].

? Loophole 13 – Taxpayer Funded Legal Counsel and Arbitration:
Free legal counsel and the fees and expenses of arbitrators will be provided to aliens that have been working illegally in agriculture. The U.S. taxpayer will fund the attorneys that help these individuals fill out their amnesty applications. Additionally, if these individuals have a dispute with their employer over whether they were fired for “just cause,” DHS will “pay the fee and expenses of the arbitrator.” [See p. 339:37-41, & p. 332: 37-38.]


? Loophole 14 – In-State Tuition and Student Loans:
In-state tuition and other higher education benefits, such as Stafford Loans, will be made available to current illegal aliens that are granted initial “probationary” status, even if the same in-state tuition rates are not offered to all U.S. citizens. This would normally violate current law (8 U.S.C. §1623) which mandates that educational institutions give citizens the same postsecondary education benefits they offer to illegal aliens. [See p. 321: 8-31].

? Loophole 15 – Inadequacy of the Merit System:
The “merit system,” designed to shift the U.S. green card distribution system to attract higher skilled workers that benefit the national interest, is only a shell of what it should have been. Though the merit system begins immediately, it will not increase the percentage of high skilled immigrants coming to the United States until 2016, 8 years after enactment. Of the 247,000 green cards dedicated to the merit based system each year for the first 5 years, 100,000 green cards will be reserved for low-skilled guest workers (10,000) and for clearing the current employment based green card backlog (90,000). From 2013 to 2015, the number of merit based green cards drops to 140,000, and of that number, 100,000 green cards are still reserved each year for low-skilled guest workers (10,000) and for clearing the current employment based green card backlog (90,000). Even after 2015, when the merit system really begins (in 2016) by having 380,000 green cards annually, 10,00 green cards will be reserved specifically for low skilled workers, and points will be given for many characteristics that are not considered “high-skilled.” For example, 16 points will be given for aliens in “high demand occupations” which includes janitors, maids, food preparation workers, and groundskeepers. [See p.260: 25 – p. 261: 20, p. 262, & The Department of Labor’s list of “occupations with the largest job growth” available at www.bls.gov/emp/emptab3.htm].

? Loophole 16 – Visas For Individuals That Plan To Overstay:
The new “parent” visa contained in the bill which allows parents of citizens, and the spouses and children of new temporary workers, to visit a worker in the United States is not only a misnomer, but also an invitation for high rates of visa overstays. This new visa specifically allows the spouse and children of new temporary workers who intend to abandon their residence in a foreign country, to qualify to come to the U.S. to “visit.” The visa requires only a $1,000 bond, which will be forfeited when, not if, family members of new temporary workers decide to overstay their 30 day visit. Workers should travel to their home countries to visit their families, not the other way around. [See p. 277:1 – 33, and p. 276: 38-43].

? Loophole 17 – Chain Migration Tippled Before Being Eliminated:
Though the bill will eventually eliminate chain migration (relatives other than spouses and children of citizens and legal permanent residents), it will not have full effect until 2016. Until then, chain migration into the U.S. will actually triple, from approximately 138,000 chain migrants a year (equal to 14% of the 1 million green cards the U.S. currently distributes on an annual basis) to approximately 440,000 chain migrants a year (equal to 45% of the 1 million green cards the U.S. currently distributes on an annual basis). [See pp. 260:13, p. 270: 29 – pp. 271: 17]

? Loophole 18 – Back Taxes Not Required:
Last year’s bill required illegal aliens to prove they had paid three of their last five years of taxes to get amnesty. This year, payment of back taxes is not required for amnesty. The bill requires taxes to be paid at the time of application for a green card, but at that time, only proof of payment of Federal taxes (not state and local) is required for the years the alien worked on a Z visa, not the years the alien has already worked illegally in the United States. Though Senator McCain’s S.A. 1190, adopted by voice vote, claimed to “require undocumented immigrants receiving legal status to pay owed back taxes,” the amendment actually only required proof of payment of taxes for “any year during the period of employment required by subparagraph (D)(i).” Since the bill does not contain a subparagraph (D)(i), nor require any past years of employment as a prerequisite for amnesty, the amendment essentially only requires proof of payment of taxes for future work in the U.S., not payment of “back taxes.” [See p. 307, and p. 293 as altered by S.A. 1190, amendment p. 2: 19-20.]

? Loophole 19 – Social Security Credits Allowed For Some Illegal Work Histories:
Aliens who came to the U.S. on legal visas, but overstayed their visas and have been working in the U.S. for years, as well as illegal aliens who apply for Z visa status but do not qualify, will be able to collect social security credits for the years they worked illegally. Under the bill, if an alien was ever issued a social security account number – all work-authorized aliens who originally came on legal visas receive these – the alien will receive Social Security credits for any “quarters of coverage” the alien worked after receiving their social security account number. Because the bill requires social security account numbers to be issued “promptly” to illegal aliens as soon as they are granted “any probationary benefits based upon application [for Z status]” (these benefits are granted 24 hours after the application is filed), an illegal alien who is denied Z visa status but continues to work illegally in the U.S. will accumulate Social Security credits. [See pp. 316:8 – 16, and pp. 315: 32-39]

? Loophole 20 – Criminal Fines Not Proportional To Conduct:
The criminal fines an illegal alien is required to pay to receive amnesty are less than the bill’s criminal fines for paperwork violations committed by U.S. citizens, and can be paid by installment. Under the bill, an illegal alien must pay a $1,000 criminal fine to apply for a Z visa, and a $4,000 fine to apply for a green card. Eighty percent of those fines can be paid on an installment plan. Under the bill’s confidentiality provisions, someone who improperly handles or uses information on an alien’s amnesty application can be fined $10,000. Administration officials suggest that the bill’s “criminal fines are proportionate to the criminal conduct.” Why, then, is the fine for illegally entering, using false documents to work, and live one-tenth the fine for a paperwork violation committed by a government official? [See p. 287: 34, p. 317: 9, p. 315:6-8, & remarks made by Secretary Gutierrez on Your World with Neil Cavuto, 4:00 May 31, 2007]

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Border Security Can Be Implemented Without Senate Bill

http://demint.senate.gov/index.cfm?FuseAction=JimsJournal.Detail&Blog_ID=63

June 12th, 2007 - Today, nine U.S. Senators wrote a letter to President Bush urging him to fulfill the border security provisions listed in the Senate immigration bill whether the legislation passes or not. Each border security trigger in the bill can be implemented under current law without any need for new legislation from Congress. The text of the letter is below:
Dear Mr. President:

We respectfully ask that your Administration enforce the border security laws that have already been authorized by Congress regardless of whether the Senate passes the immigration reform bill. The bill assumes that several critical border security benchmarks can be achieved within 18 months. These security triggers are already authorized under current law and can be completed without the immigration bill. We believe these enforcement measures are vital and should not wait until Congress passes additional immigration reforms.

Securing the border is the best way to restore trust with the American people and facilitate future improvements of our immigration policy.

Sincerely,

U.S. Senators Jim DeMint (R – South Carolina), Tom Coburn (R – Oklahoma), Mike Enzi (R – Wyoming), David Vitter (R – Louisiana), Jim Inhofe (R – Oklahoma), Jim Bunning (R – Kentucky), Charles Grassley (R – Iowa), John Ensign (R – Nevada) and Jeff Sessions (R – Alabama).


The Senate immigration bill calls for the following security benchmarks to be completed as a “trigger” before other parts of the bill go into effect. Bill proponents claim these provisions can be implemented within 18 months. All of them can be implemented under current law:
• Bill Trigger #1 – 18,000 agents border patrol agents;
--- This is already scheduled under current law: Customs and Border Patrol Press Release 8/4/2006: “In May, President Bush announced his commitment to hire an additional 6,000 agents by the end of 2008, bringing the Border Patrol’s total strength to 18,000 agents.”

• Bill Trigger #2 – 200 miles of vehicle barriers, 370 miles of fencing, and 70 ground-based radar and camera towers, and Unmanned Aerial Vehicles;
--- This requires less than is already required under current law. The Secure Fence Act, passed by Congress and signed into law by President Bush in 2006, already requires 700 miles of two-layered reinforced fencing along Southwest border, mandates DHS achieve operational control over entire border through “virtual fence” that deploys cameras, ground sensors, Unmanned Aerial Vehicles, and integrated surveillance technology.

• Bill Trigger #3 – End “catch and release” and provide ICE 27,500 beds for immigration detainees;
--- According to DHS, both of these triggers have already been accomplished. DHS Press Release 10/30/2006: “Ended ‘Catch-and-Release’ Along the Borders: In 2006, the Department of Homeland Security and ICE re-engineered the detention and removal process to end this practice along the border… ICE also increased its detention bed space by 6,300 during the fiscal year 2006, bringing the current number of funded beds to 27,500 immigration detainees.”

• Bill Trigger #4 – Secure identification documents with photo and biometric information and operational employment verification system to determine work eligibility
--- The REAL ID Act, passed by Congress and signed into law by President Bush in 2005, already requires secure identification documents with photo and biometric information.
--- The Department of Homeland Security appropriations bill for Fiscal Year 2007, passed by Congress and signed into law in 2006, already provides $113 million to fully expand the Basic Pilot / Employment Eligibility Verification (EEV) system to be a national employment database.

Other Border Security Provisions of Current Law
• Achieve and maintain operational control over the entire international land and maritime borders of the United States as required under the Secure Fence Act of 2006 (Public Law 109-367)

• Fully integrate all databases maintained by DHS which contain information on aliens as required by section 202 of the Enhanced Border Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1722).

• Fully implement US-VISIT program to record the departure of every alien departing the United States and match records of departure with the records of arrivals in the United States as required by section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1221 note).

• Enforce the provision of law that prevents States and localities from adopting ``sanctuary' policies or that prevents State and local employees from communicating with DHS as required by section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373).

• Fully operational equipment at each port of entry and uses such equipment in a manner that allows unique biometric identifiers to be compared and visas, travel documents, passports, and other documents authenticated in accordance with section 303 of the Enhanced Border Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1732).

• An alien with a border crossing card is prevented from entering the United States until the biometric identifier on the border crossing card is matched against the alien as required by section 101(a)(6) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(6)).

• Any alien who is likely to become a public charge is denied entry into the United States pursuant to section 212(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4)).

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Rewarding Illegal Aliens--Senate Bill Undermines The Rule of Law
by Kris W. Kobach, D.Phil., J.D. and Matthew Spalding, Ph.D.
WebMemo # 1468 ( PDF )
May 23, 2007

 
The most controversial component of the Senate's Secure Borders, Economic Opportunity and Immigration Reform Act of 2007 is Title VI, euphemistically entitled "Nonimmigrants in the United States Previously in Unlawful Status." It would create a new "Z" visa exclusively for illegal aliens. This title would change the status of those who are here illegally to legal, essentially granting amnesty to those "previously in unlawful status." This seriously flawed proposal would undermine the rule of law by granting massive benefits to those who have willfully violated U.S. laws, while denying those benefits to those who have played by the rules and sometimes even to U.S. citizens.

 Flawed Provisions

The following are ten of the worst provisions—by no means an exhaustive list—of Title VI of the bill:

1) A Massive Amnesty: Title VI of the bill grants amnesty to virtually all of the 12 million to 20 million illegal aliens in the country today. This amnesty would dwarf the amnesty that the United States granted—with disastrous consequences—in 1986 to 2.7 million illegal aliens. It is also a larger amnesty than that proposed in last year's ill-fated Comprehensive Immigration Reform Act. Indeed, the Senate's bill imposes no cap on the total number of individuals who could receive Z-visa status.

To initially qualify for a Z visa, an illegal alien need only have a job (or be the parent, spouse, or child of someone with a job) and provide two documents suggesting that he or she was in the country before January 1, 2007, and has remained in the country since then. A bank statement, pay stub, or similarly forgeable record will do. Also acceptable under the legislation is a sworn affidavit from a non-relative (see Section 601(i)(2)).

The price of a Z visa is $3,000 for individuals—only slightly more than the going rate to hire a coyote to smuggle a person across the border. A family of five could purchase visas for the bargain price of $5,000—some $20,000 short of the net cost that household is likely to impose on local, state, and federal government each year, according to Heritage Foundation calculations.
 
Expect a mass influx unlike anything this country has ever seen once the 12-month period for accepting Z visa applications begins. These provisions are an open invitation for those intent on U.S. residence to sneak in and present two fraudulent pieces of paper indicating that they were here before the beginning of the year.
http://www.heritage.org/Research/Immigration/wm1468.cfm

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Immigration Bill Hides $1 Trillion Time Bomb
Dave Eberhart, NewsMax
Monday, June 18, 2007

WASHINGTON -- The immigration bill being debated by the Senate would allow more than 2 million illegal workers who received Social Security numbers prior to 2004 to receive more than $966 billion in Social Security benefits by 2040, warns the Senior Citizens League, a 1.2 million-member nonpartisan seniors' advocacy organization based in Alexandria, Va.

Despite a provision in the bill that would prevent individuals who performed illegal work and then obtained a Social Security number after 2007 from receiving credit for Social Security taxes paid in previous years, the legislation, according to the League, does nothing to prevent aliens who illegally obtained "non-work" Social Security numbers prior to 2004 from claiming benefits.

Between 1974 and 2003, the Social Security Administration issued more than seven million "non-work" Social Security numbers, which entitled some foreign nationals – some of whom were illegal aliens – to services such as Medicaid and food stamps, says Mary Johnson, Social Security and Medicare policy analyst for the League.

According to the League, the majority of non-work Social Security numbers were issued during an era of less restrictive immigration policy; in some cases, aliens didn't need proof of citizenship to receive a number.

Despite their "non-work" status, the League maintains that millions performed unlawful work, and under the Senate legislation currently being considered, this group would be eligible for Social Security benefits.

"The Senate is telling the American people that illegal aliens wouldn't be able to collect Social Security benefits under this immigration deal, and that is flat wrong," says Shannon Benton, executive director of TREA Senior Citizens League. "The truth is that illegal aliens would receive more than double in Social Security benefits what American taxpayers have spent so far on the war in Iraq."

According to the Social Security Administration, the Social Security Trust Fund will begin paying out more than it is taking in by 2017, and will be completely exhausted by 2041.

NewsMax asked League spokesman Brad Phillips to get into the fine print.
http://www.newsmax.com/archives/articles/2007/6/17/200944.shtml?s=al&promo_code=35A4-1

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Response to False Claims That Illegal Immigrants Will Not Receive Welfare Under Senate Bill
by Robert E. Rector
WebMemo #1509, June 18, 2007

In criticizing recent Heritage Foundation research on the cost of low-skill immigration and amnesty, proponents of the Senate immigration legislation (S. 1348), including Administration spokesmen, have falsely claimed that the proposal would not give illegal immigrants access to the U.S. welfare system.[1]

While provisions of the Senate bill would delay illegal immigrants' access to welfare for several years, over time nearly all amnesty recipients would be offered legal permanent residence and access to more than 60 federal means-tested welfare programs.

Specifically, Z visa holders would immediately be given Social Security numbers and would begin earning entitlement to Social Security and Medicare (which are not means-tested welfare programs). Some ten to thirteen years after enactment, amnesty recipients would begin to gain access to a wide variety of means-tested welfare programs, such as Temporary Assistance to Needy Families, public housing, and Food Stamps. The amnesty process under S.1348, and the different stages of the process at which amnesty recipients become eligible for different government benefits, are precisely described in "Amnesty Will Cost U.S. Taxpayers at Least $2.6 Trillion."[2]

The fact that amnesty recipients will have limited access to means-tested welfare in the first ten years or so after enactment will have only a marginal impact on overall costs. As the Heritage study states:

The initial limitation on receipt of means-tested welfare will have only a small effect on governmental costs. Welfare is only part of the benefits received by immigrant families. Moreover, the average adult amnesty recipient can be expected to live more than 50 years after receiving his Z visa. While his eligibility for means-tested welfare will be constrained for the first 10 to 15 years, each amnesty recipient will be fully eligible for welfare during the last 30 to 40 years of his life. Use of welfare during these years is likely to be heavy.[3]

The Heritage analysis of the costs of amnesty was a study of the fiscal costs (benefits received minus taxes paid) of amnesty recipients during their retirement years. It concluded that amnesty recipients would impose a likely net cost of $2.6 trillion dollars on the taxpayers during that period and that these costs would mainly occur in two non-welfare programs (Social Security and Medicare) and in one means-tested program (Medicaid). The study explicitly states that these costs will not commence until 25 to 30 years after the bill is enacted.[4] To claim that amnesty recipients will not have access to the welfare system evidences an unfamiliarity with the provisions of S. 1348 as well as the Heritage analysis.
http://www.heritage.org/Research/Immigration/wm1509.cfm