Cross posted From Maggie's Notebook and the CAII
____________________________________________
Senator Jeff Sessions (R-AL) is one of the strongest Senate warriors
against the Senate Immigration Reform bill. He has published twenty
loopholes that place this bill in the category of a scheme (italicised - my words - my opinion).
When
you call your Senator this week, be ready to battle. You may be told:
We changed the bill to address your concerns. It's a "new" bill with a
"new" number assigned to it. Don't buy it! Ask direct questions that require a "yes" or "no answer." Yesterday,
on The Sean Hannity radio show, Sessions said that the only thing
different in this bill is the additional adding of $4.4 billion.
In a press release June 19th, Senator Jeff Sessions said:
If
we assume that the Administration and the bill’s drafters were serious
about their commitment to enforcement, the recent promises of
guaranteed funding are unnecessary.
The only
significance of the promised funding is to effectively say ‘we’re going
to fund what we already promised to fund.’ The $4.4 billion will not
build additional miles of fencing, provide any new technology, hire
additional agents or acquire more detention beds than already promised
by the President and included in the bill’s provisions that trigger
amnesty.
“Let me emphasize that this money will do nothing more than fund the enforcement trigger in the bill, which was already a solemn promise to the American people....
“Most significantly, the $4.4 billion will do nothing to change CBO’s conclusion that the bill will only reduce illegal immigration by 13 percent.
CBO assumed the bill’s enforcement items would be funded when it
published its June 4th cost estimate. If the Senate bill is enacted,
CBO projects an additional 8.7 million new illegal immigrants will be
in the U.S. in 20 years. These new promises do nothing to prevent that.”
Here's a short summary of Sessions' comments on the 20 loopholes, with the full list of twenty (20) following:
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.
* 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]
---------------------------------------------------------------------------------------------
**This was a production of The Coalition Against Illegal Immigration
(CAII). If you would like to participate, please go to the above link
to learn more. Afterwards, email stiknstein-at-gmail-dot-com and let us
know at what level you would like to participate.
Other Coalition members' commentary, research and thoughts on the matter of illegal immigration:
Dirty deals, clay pigeons, and snakes in the grass - take action now
from Debbie at Right Truth. Excerpt: Think Progress has an article, The
Right Wing Domination Of Talk Radio And How To End It. That's right,
you read it correctly ... How to END
conservative talk radio. (hat tip Rachel)
"Shut Up" Lindsay…or um…."We'll shut you up" Trent…
from stikNstein has no mercy.... Excerpt: The need for the left to
stifle free speech (except when it agrees with their world view) is now
focused on talk radio. Democratic Strategist Lindsay Graham started by
calling us Bigots. Now,Trent Lott, newly emerging spokesman for the
left Progressives, noted that relative to opinions of the Amnesty bill…
"Talk radio is running America," he said. "We have to deal with that
problem."
Greed is a powerfull inducement to be a traitor...
from James Foley at Bloggin on down the Rogue. Excerpt: Q: Why are so
many Republican Senators openly championing illegal immigration, that
is anathema to the conservative base of the party?
