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.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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.
^^^^^^^^^^^^^^^^^^^^^
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
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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=
^^^^^^^^^^^^^^^^^^^^^^^^
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 FAILED. 54
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)
|
^^^^^^^^^^^^^^^^^^^^^^^
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]
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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)).
^^^^^^^^^^^^^^^^^^^^^^^^
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
^^^^^^^^^^^^^^^^^^^^^^^^^
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
^^^^^^^^^^^^^^^^^^^^^^
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
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