28/20/12 Reasons To Kill The Bill Now!
1. Security doesn’t come first in this bill. This bill would immediately legalize illegal aliens that are currently in the country. The only way Congress will actually see to it that the border security and enforcement provisions in the bill will be implemented is if they have to do them before they even consider an amnesty for the people who are here.
2. Illegal aliens won’t have to pay back taxes — where do we get the same deal? The whole idea that illegal aliens shouldn’t have to pay the taxes they already owe for working in the United States is utterly and completely offensive because it actually gives them a privilege that American citizens aren’t getting: forgiveness for taxes owed to the IRS.
3. If passed, this bill will make taxpayers pay the legal bills for illegal aliens seeking amnesty. Tucked away is a provision that would allow lawyers in the federally-funded legal services program to represent illegal aliens, which they are presently barred from doing.
4. This bill rewards illegal aliens for breaking our laws. There are tens of millions of people who respect our laws and our country, waiting patiently, in line, often in their home countries, to get a chance to come here. Under this bill, illegal aliens will immediately be eligible for a “Z Visa” which allows them to work, go to school, and — this is important — stay here for the rest of their lives if they so choose because there is no limit on the number of times it can be renewed.
5. The bill gives the government only one business day to conduct a background check to determine whether an applicant is a criminal or a terrorist. It is impossible, of course, to determine in a single day whether someone is a terrorist or a criminal.
6. In the bill Section 601(g)(2), illegal-alien gang members would be eligible for amnesty merely by signing a “renunciation of gang affiliation.”
7. Gang-bangers and other criminals, who have been ordered to leave the United States by an immigration judge but defy the ruling, are called absconders. Section 601(d)(1)(I) permits U.S. Citizenship and Immigration Services to grant an absconder a Z visa anyway if he can show that being forced to leave the United States “would result in extreme hardship” to the alien, his spouse, parent or child.
8. The bill effectively shuts down our immigration-court system. If an alien in the removal process is eligible for the Z visa, the immigration judge must close the proceedings and offer the alien the chance to apply for the amnesty.
9. If ICE officials apprehend an alien who appears eligible for the Z visa (in other words, just about any illegal alien), they can’t detain him. Instead, ICE must help him apply for the Z visa.
Rather than initiating removal proceedings, ICE will be initiating amnesty applications. It’s like turning the Drug Enforcement Agency into a needle-distribution network.
10. To qualify for the Z-visa amnesty, an illegal alien need only have a job (or be the parent, spouse, or child of someone with a job) and come up with a scrap of paper suggesting he was in the country before Jan. 1 of this year. Any bank statement, pay stub, or similarly forgeable record will do.
Expect a mass influx unlike anything this country has seen before, once the 12-month period for accepting Z visa applications begins. These rules are an open invitation to sneak in and present a fraudulent piece of paper indicating that you were already here.
11. As promised, the bill will legalize most of the 12 million to 20 million illegal aliens now in the country via a new “Z visa.” Each would pay $5,000 - only slightly more than the going rate to be smuggled into America. This is not up front. They will have eight years to pay it back.
12. Supporters of the bill call the Z visa “temporary” - neglecting to mention that it can be renewed indefinitely until the visa holder dies. Thus, we have the country’s first permanent temporary visa. On top of that, it’s a super-visa - allowing the holder to work, attend college or do just about anything else.
Are you a law-abiding alien who’s interested in switching to this privileged status? Sorry. Only illegal aliens can qualify.
13. The bill increases legal migration by at least 50 percent over the next decade by granting green cards to all the remote relatives who are in the chain migration categories, a number estimated at 750,000 to 900,000 a year. That is triple the current number of 250,000. Giving green cards to millions of additional relatives ensures that legal immigration will continue to grow as this larger pool of permanent residents brings in spouses.
14. The bill claims that bench marks must be met before amnesty/guest-worker provisions go into effect. But the bench marks fail to require that the U.S.-Mexico border be closed, fail to require that the border fence be completed as mandated by Congress in October and fail to require that the Department of Homeland Security implement the entry-exit visa system so Americans can know if visitors and guest workers actually leave.
The border security part of the bill calls for a 370-mile-long fence on the U.S./Mexico border. That is only half as long as the 700-mile-long fence ordered by the Secure Fence Act passed overwhelmingly by Congress and ostentatiously signed by the president in front of TV cameras just before the November 2006 election.
15. Another bench mark is that “tools” will be provided to prevent illegal immigrants from getting jobs, including requirements for identification standards and an employee verification system. But the bill lacks a requirement that anybody actually use the tools.
16. The costs of the Senate immigration bill are mind-boggling. Unbelievably, the Senate has made no attempt to estimate this costs or how to how to pay them. The Heritage Foundation’s Robert Rector puts a potential price tag on this bill of $2.5 trillion, which is five times the cost of the Iraq war.
17. At least 60 percent of illegal immigrants lack a high school diploma, which means they will work low-wage jobs, pay little or no income tax, and be heavy users of our schools and means-tested social benefits such as Medicaid, school lunches, Women, Infants and Children Program, subsidized housing, the Earned Income Tax Credit, and free legal counsel.
18. Fiscal costs would go up dramatically after amnesty recipients reach retirement. Each elderly low-skill immigrant imposes a net cost - that is benefits minus taxes - on U.S. taxpayers of about $17,000 per year, according to the Heritage Foundation. These costs would hit Social Security and Medicare at the very time Social Security is expected to go into crisis.
19. Section 413 calls on Congress to “accelerate the implementation” of the Security and Prosperity Partnership - announced by Bush in Waco, Texas, in 2005 - so that the United States can “improve the standard of living in Mexico.” Do U.S. taxpayers want to take on the awesome economic burden of solving poverty problems in Mexico?
20. The Senate immigration bill states that the United States want to increase access to credit for “poor and under-served populations in Mexico,” and expand efforts “to reduce the transaction costs of remittance flows” from the U.S. to Mexico now running at $23 billion a year. That is money made in the US but transferred out of our economy.
21. The Senate bill also puts the United States into a “partnership” with Mexico for “increasing health care access for poor and under-served populations in Mexico,” for “assisting Mexico in increasing its emergency and trauma health care facilities,” and for “expanding prenatal care” in the border region. Do U.S. taxpayers want to take on the awesome economic burden of solving problems in Mexico?
22. The Senate bill authorizes 4,000 new Border Patrol agents, but doesn’t require that they be trained or deployed.
23. Illegal Aliens will receive instate tuition. Illegal aliens would receive a taxpayer subsidy worth tens of thousands of dollars and would be treated better than U.S. citizens from out of state, who must pay three to four times as much to attend college. In an era of limited educational resources and rising tuitions, U.S. citizens, not aliens openly violating federal law, should be first in line to receive education subsidies.
24. Health standards ignored – Z-Visa holders are not required to be given medical examinations and immunizations. Z-Visa applicants and permenant residents are two peas off the same pod. Both can live in the USA as long as they want. Permenant residents are required to be given a medical examination and immunized but Z-Visa holders are not. All aliens, including Z-Visa holders should be required to be given medical examinations and immunized. They are living and breathing in our country just as permanent residents. The health and safety issues are one and the same. TB or Leprosy anyone?
25. “There are no serious assimilation components to the legislation.” Dual citizenship, naturalized Americans voting here and overseas, non-English classrooms and multilingual ballots all thrive, despite the bill’s “comprehensive” scope. “Assimilation” appears only once in this legislation.
26. The amnestee doesn’t have to know squat in English to get probationary status or a Z visa. After four years when seeking to renew the Z visa the first time, he only has to take — not pass, just take — the naturalization language test or be on a waiting list for English classes. “Learn English” only happens after eight years, and then it’s not actual mastery of the language.
27. As stated above in #13 “The bill increases legal migration by at least 50 percent over the next decade….” Yet, when asked in a Gallup poll what level of immigration do Americans want, overwhelmingly they say less (46%) or same (34%). While only 16% want more. The US Census Bureau in 1999 projected The USA’s population will double in less then 100 years from 300 million to 600 million. The majority of that increase will be from legal immigration, illegal immigration, plus both their descendants. This is completely against what the American people want. When do we start double decking our freeways Mr. President?
28. If Amnesty passes, 12-20 million illegal aliens would be immediately granted probationary legal status. Processing these individuals would be the responsibility of the U.S. Citizenship and Immigration Services (USCIS). Estimates are, if amnesty is given to just 12 million illegal aliens within the year allowed for applications, that would mean an average of 48,000 amnesty applications each day for USCIS’s 3,000 adjudicators. Add an additional 200,000 guest workers applications to the mix. That would be in addition to the 6.3 million (2005) legal applications and the backlog of several million unresolved applications the USCIS has responsibility over.
The Senate’s proposal would vastly expand USCIS’s workload but do little to ensure that the agency is capable of handling the task.
Jeff Sessions’ Discovered Loopholes
U.S. Sen. Jeff Sessions (R-AL) has released a list of 20 loopholes in the comprehensive immigration bill which reveals that the bill is fatally flawed and will not establish a functioning immigration system in the future. You can read a condensed version of the list below. Click here for the unabridged list.
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.”
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 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.
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. 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.
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.
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.”
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
A Senior ICE (Immigration and Customs Enforcement) explains his opposition to the immigration bill
I am a Senior Special Agent (Criminal Investigator) with ICE in Phoenix, Arizona. I have been reviewing the text of the Comprehensive Immigration Reform Act of 2007 (Senate Bill 1348) and find that I must oppose this legislation in its current form.I have all along avowed that our country needs a FUNCTIONAL guest worker program. Senate Bill 1348 is not it.I find that there are numerous beneficial things contained in the Bill that by their own merit would enjoy overwhelming support (or at least a super-majority support) from not only the Immigration enforcement community which I am a part of, but by the American people as a whole. However, those good and beneficial things are overwhelmed by the negative and bad pieces of legislation contained therein. Some examples of the bad legislation I speak of are attached following this message.
In conclusion, I wish to comment that regardless of the overwhelming outcry for ‘Comprehensive’ immigration reform, the comprehensive approach is fundamentally flawed. I would hope that the Congress might instead choose to approach Immigration reform by reintroducing the overwhelmingly beneficial portions of this Act in a piecemeal manner.
Perceived flaws in the Comprehensive Immigration Reform Act of 2007
1. There is no across-the-board departure requirement for those who have entered illegally. The reason that opponents of the Bill are successful in casting it as an “amnesty” is because all illegal entrants are not required to depart. It is not enough to say that people are being held accountable for their illegal behavior by paying fines and waiting in lines; the ultimate response must be that they are being held accountable with their feet. A simple revolving door at the border once the applications are approved should suffice, because then they are entering this country legally; but departure must apply to ALL who have entered illegally.
2. The benefit provisions are backwards. Skilled laborers are being granted non-immigrant status (H2C), and unskilled laborers are being granted lawful residence (LPR) leading to citizenship. It should be the other way around; the skilled laborers should receive LPR status, and the unskilled laborers should be the non-immigrants required to depart every few years.
3. The fine requirements encourage fraud. The fine requirements provide a reduced fee for family applications. No applicants are going to want to pay a full fine when there is a way to pay a lower one. Relationship fraud will become rampant, where persons claim relative relationships that do not exist.
4. The document requirements encourage fraud. The Act calls for certain documents to be presented but provides no mechanism for checking the validity of those documents. Utility bills, account statements, and numerous other official-looking documents are easily produced fraudulently. Furthermore, employer letters are the most easily forged documents of all. A mechanism is required that would allow for checking the validity of the documents.
5. The DREAM Act is a nightmare. The children of illegal aliens that are brought into the United States illegally are the victims of their parents’ unlawful activity. The DREAM Act turns it around to declare that those children are victims of the U.S. Government.The DREAM Act grants benefits to illegal alien children that U.S. Citizens do not receive, and it exonerates those children’s parents for having victimized their children in the first place.
6. Convicted Aggravated Felons are exonerated. The Act imposes a 15-year cap on deportability resulting from aggravated felony convictions. In other words, if an alien was convicted of an aggravated felony but finished their sentence more than fifteen years ago, the offense would no longer be deportable as an aggravated felony conviction (it would instead have to be evaluated for “Moral Turpitude”).
7. Convicted Aggravated Felons are made eligible to adjust status. The Act allows certain aggravated felons to adjust as long as they completed their prison sentences more than 10 years prior to applying, and the crime was not defined as an aggravated felony at the time of the conviction.
8. Criminals and Security Threats are made eligible for Parole. The Act allows for parole release of criminals and security threats who would otherwise be detained, as long as they apply for the Guest Worker Program. Furthermore, the permissive language encourages court challenges demanding that these applicants be paroled.
9. Churches are exempt from alien smuggling prosecution. The Act rewrites Title 8 USC 1324 regarding alien smuggling and exempts religious organizations from criminal prosecution for transporting, harboring, or inducing the continued residence of illegal aliens in the United States. The result will be that every alien smuggler on the southern border is going to paint the word “Iglesia” on the side of their vans.
10. ‘Humanitarian Aid’ is exempt from alien smuggling prosecution. Under the rewritten Title 8 USC 1324, persons and organizations providing ‘humanitarian aid’ would be exempt from prosecution. The result is that every alien smuggler will claim to be rendering a ‘humanitarian’ service. The Act also contains such an exemption regarding illegal re-entry, but it is labeled as emergency humanitarian aid. The Act should specify it to be ‘emergency’ aid in 1324 as well.
11. Enforcement authority is revoked. Under the rewritten Title 8 USC 1324(d), certain enforcement authorities are taken away from law enforcement agencies in general, and specifically granted only to those who enforce Federal laws.Under a new Section, Title 8 USC 1229D, state and local authorities would be permitted to aid in enforcing the criminal provisions of immigration law, but not the administrative portions. The result is that State and local officers would face civil suits for contacting Immigration authorities if deportation were the only prospective sanction.
12. First-time Illegal Entry is turned into a Misdemeanor. The Act rewrites Title 8 USC 1325 regarding illegal entry. Whereas current law punishes any illegal entry by up to two years in prison (a felony), the rewritten Title makes the first offense punishable by only 6 months imprisonment (a misdemeanor).