The New Immigration Reform Bill

The text of the new Senate Comprehensive Immigration bill (Senate Bill 1348) is approximately 350 pages long. It was my intention to read and comment on it all. This proved to be impossible in the time I allotted myself for the task, and given the complexity of the bill. Therefore, I skipped the sections on college visas and adoptions, and skimmed through a number of others.

There are a lot of very interesting things in this bill. Many of them would be good things if they were every implemented. However, the bill clearly states that if segments are not implemented, it will not stop the rest of the bill from applying. In other words, they can grant the amnesty and put the guest worker program in place without implementing heavy border security and cracking down on employers. There are a lot of reports required in the bill; however, there is no provision for making any of these reports public. They are to be delivered either to congress or to the Secretary of Homeland Security.

There are provisions in this bill for nearly everyone to hate. The feedback that is coming in says that most illegals will not even apply for the amnesty because they fear the government’s ability to be able to track them and also because of the fees and penalties associated with the program, and the provision that they must leave the country to make the initial provisional amnesty permanent.

Amnesty

The single most disturbing part of this bill is the granting of instant amnesty (which they provisional legal status). When this bill passes, any illegal can apply for an adjustment of status and be granted instant provisional legal status without so much as a background check, or without paying a dime if they were here on January 1, 2007. This is a provisional status but allows them to work and precludes them being picked up and deported. After they do this, then they have to fulfill all the provisions regarding English, background checks, criminal record checks, paying of fines, etc. Opinion: By granting them legal status to be and work here, even provisional status, puts them at the head of the line in terms of immigration. They are then free to stay here for however long the system takes while those who applied legally are still outside the country sitting on their hands waiting for their chance to come here.

To have their provisional amnesty converted to permanent resident status, an illegal must:

• Pay a fine of $5000.
• File and pay income taxes. They cannot claim refund or earned income credit.
• Must have worked three of the past five years. Employment requirement is waived for someone who was pregnant most of the time, or who was physically or mentally handicapped. They exempt people under 20 and over 65.
• Provide proof of employment. It accepts as proof of employment the sworn testimony of your relatives.
• Prove English proficiency and pass a citizenship test. The last two are waived for the mentally retarded and those over 65.
• Head of household must return to his/her home country to apply for permanent legal status. Those failing to depart and reenter within the 8 year period are barred for applying again for ten years and, if caught will be heavily fined and deported.

The section on what they have to do and the rules, etc. is extensive and confusing. It will require lawyers to interpret it for them. An interesting clause considering it effectively names employers guilty of employing illegals. To circumvent this, the bill provides that information provided on employers of illegals are protected and cannot be made public in any way. Opinion: The information also could not be made public so that the public is aware of who the greatest abusers of U.S. law actually are.

The conditional permanent residence is granted immediately for six years. There is a clause in the bill that will allow illegals, even those breaking the rules, to remain if deporting them would mean a hardship on their spouse or family. Opinion: This is an open door to abuse.

Deep within the bill is a provision that appears to exempt anyone who snuck into this country before January 1, 1972 and who doesn’t have a criminal record, from further examination and grants them immediate amnesty (no they don’t call it that) or legal status. Anyone who came here on forged documents 10 or more years ago doesn’t have to pay for this crime in any way. They are granted criminal amnesty. There are zero penalties for these people.

All aliens are required to report their current addresses to INS. Failure to do so is a deportable offense when the person is caught.

The bill grants the Secretary of Homeland Security the absolute and unreviewable power to suspend any aspect of the requirements for anyone for any reason.

Border Security

There is a lot of language in this bill regarding physical and other forms of border security. There is a very long section on the southern border fencing. However, if you read it closely, you’ll see that every inch of previously erected fence is included in what appear to be new fencing totals. The total include 370 miles of fence and another 500 miles of vehicle barriers. These are to be completed within two years. In addition to this general fencing, there would be additional fences built in the Yuma and Tucson Arizona areas, which are high crossing regions.

Included in this will be aerial surveillance, roads and vehicle barriers, and other ways of finding and stopping those attempting to cross the border. There is also a large increase in staffing to interdict illegals.

The bill clearly states the prohibition on using the National Guard or our military to guard or protect our borders in any way that involved actual interdiction. Opinion: This is probably put in there as a sop to Mexico and to ensure them that we’re not really going to get serious about stopping illegals from flooding across the southern border.

There is also a provision that is repeated numerous times across the document that forbids state entities and municipalities to enforce immigration law. Opinion: This seems to be added to protect illegals from such things as the rash of new local and state laws designed to combat federal inaction and inertia. Overall this could be a very significant provision that would tie the hands of those communities and states most deeply affected by illegal immigration.

One provision of this bill permits foreign-owned companies to bid on and obtain contracts for implementing the various programs to ensure our border security. Opinion: This seems like an enormously stupid thing to do considering that this is our border security we’re talking about. It’s just my opinion, but only American companies and workers should be allowed any portion of the design or implementation of any aspect of any project within the United States that deals with security issues, whether border security or any other type of security.

Increased Staffing

This bill is looking to add a lot of new employees into all aspects of the immigration process from clerks to clear out the backlog to more INS agents and port inspectors. Over five years this would add 2500 port inspectors. 250 Deputy U.S. Marshals, and 1,000 agents to investigate human smuggling. Over the same period, 11,600 Border Patrol agents. Twenty percent of these new Border Patrol Agents will be assigned to the Canadian border.

One of the first things I noticed when reading about this is a clause requiring a report to be written on the advisability of contracting training for these new hires out to private companies. Opinion: This is probably opening the door to no-bid contracts to some Senator or Administration favored private company such as Halliburton.

The bill calls for a National Security Plan that is to be submitted to congress within a year of the bill’s passage. Opinion: I would have thought that given the severity of the problem that such a plan would already exist.

Guest Worker Programs

There are quite a few different types of temporary and guest worker programs described in this bill. Each has its own set of rules and regulations.

Temporary Guest Workers. This classification does not include agricultural workers, who have their own separate program. There is a special clause in the bill to permit fashion models to come in. Workers would have to undergo a background check and medical check. Must have received a job offer. $500 visa fee. These temporary workers cannot convert their status to immigrant. Must leave if unemployed for 60 days, with a ton of exceptions. If they fail to leave, they are barred from applying for any form of admission for ten years. Comment: Television reports that spouse and kids may only come for a short visit every two years is incorrect. They are eligible to accompany the worker.

While the bill identifies English as the unifying language of the United States, it does not require that guest workers be fluent in English and it requires that instructions and other printed matter be given the prospective employee in their own language.

These temporary workers must be paid prevailing local wages. People who are already here are not allowed to apply for the temporary worker program from within the U.S. These temporary workers cannot convert their status to permanent resident and must return home at the end of their visas. Their visas are renewable one time.

Agricultural Workers. These will enter under a special blue card provision. They must get a special card and be registered in a database. They can keep their spouses and children in the U.S. They are barred from welfare and other social services for five years. These temporary workers have to be provided either housing or a housing allowance. This can include labor camps. They are not eligible for permanent residence and they must return home at the end of a specified time.

Protecting American Workers

Protections for American workers include the clause that all jobs must be advertised nationally through such places as Employment Security databases and the like. Any job from which a qualified American has been fired cannot be filled by a temporary guest worker for six months. Any job for which a qualified American applies must be filled by an American. Requires prevailing wages and health coverage for at least on the job types of injuries and problems. There is also a clause that forbids importing guest workers in non-agricultural jobs into any metropolitan area which has an unemployment rate of 9% or more. It contains some whistleblower protection as well, which would be necessary given how people will spend more time finding ways to avoid complying with the law than they will obeying it.

Permanent Residents Applying From Outside the Country

There is currently a huge backlog of people who have taken the legal route to apply. This is a long and cumbersome process which can take over ten years to complete. A number of strategies are suggested in this bill which would considerably speed clearing of this backlog from hiring more people to automating many areas of the process.

They have also redesigned the manner in which the applications are approved. In the past a family connection moved you to the head of the line above any other consideration. The majority of visas granted each year were family related. Under the new provisions of this law, there will be a point system assigned that will grant the majority of new visas to people who are in occupations for which a shortage currently exists here, such as nurses have, who are college graduates (especially in technical subjects and sciences), who have advanced degrees, who speak fluent English, and several other such qualifiers.

New immigrants are required to submit fingerprints: The bill allows them to do this within 30 days of arriving here. This would permit people to get here for which there is no biometric identification, then simply disappear and would make them much harder to track.

A Wealth of Databases

This bill is full of proposals for numerous, interactive databases. One of these would be a national security database to track those on the various programs who are here legally, and to allow employers and others to quickly and easily determine a person’s status. Opinion: They have been trying for over ten years to upgrade the Internal Revenue computers without any appreciable success but with a cost of tens of millions of dollars. Now they’re saying they can have this entire new system up, running, and talking to other government databases within a year.

One of the provisions of the new identification cards that will be a major part of the new database tracking system will be the inclusion of fingerprints, a photograph, and such information as date of birth, etc. This information is designed to make it more difficult to fake these identification cards, particularly since the information the card includes will be in the database. Forging such a card infers the ability to hack into the database and insert data.

Another federal database is planned to help various federal agencies coordinate information on human smugglers. This database will be expected to talk to the databases in the other agencies. Opinion: We shall see if that actually happens, since most federal databases still cannot talk to one another and the ability to do so was supposed to be developed immediately following 9/11 because of the missed clues that might have prevented the attack had one federal agency had access to the information in another’s database.

The bill contains a large number of provisions designed to provide tracking for visas, and a variety of other legal documents at points of entry into the United. States. The overall intent seems to be to finally be able to actually know when someone here on a visa leaves the country, and by extension, to know who has not left who should have. These would include the collection of pictures and fingerprints at the border as people entered and exited the United States. The bill provides that no later than October 26, 2008 that all documents used to identify aliens within the United States be machine readable, and that the readers be in place and operational. Opinion: I personally find this almost laughable. The federal government can’t do the simplest things quickly. This involves designing a large scale identification system, training people to use it, and having the database that it will connect to designed and running within a year and a half. They won’t even be able to issue bids in that time.

An interesting provision here is that the federal government can also require the same biometric information be given by legal permanent U.S. residents as they enter and leave the country. Included with this provision is one that is repeated throughout this bill, granting the Secretary of Homeland Security the right to suspend or ignore any aspect of this bill he wishes without explanation and without accountability.

The bill gives the government 30 days after passage of the bill to inform congress that technology to do this has been developed. This provision also includes the idea that legal citizens could request that their legal status be included on their driver’s license. The license would then be used as an identification document at the border. The state may not require said citizenship be put on the driver’s license and cannot share information they obtain this way with anyone, even if it would identify illegals. Opinion: The federal government can’t take a potty break in 30 days, much less develop technology for a program of this size.

Immigration law violators of all sort will be listed in the national crime information database. Someone whose name is entered here by mistake can petition to have their name removed. Opinion: I find this ironic as hell. American citizens who are mistakenly put on a terrorist watch list cannot get their name off those lists even when they are including babies and other such people who couldn’t possibly be terrorists.

Working With Other Countries

One interesting provision of this new law is working with Guatamala and Beliz, including large grants and providing lots of equipment to help them deal with border jumpers heading for Mexico and eventually the United States across their northern borders. An added part is that we will be setting up and administering a database to track gang activities in these countries as well as in the United States and Mexico. Of course we will be footing the bill.

The section of cooperative effort with Mexico to curb illegal immigration is interesting. It includes million of dollars that the U.S. will pay the Mexican government for training programs and for developing economic opportunities for people in Mexico. Opinion: Most of this money will probably go into the pockets of corrupt Mexican officials. Also, it seems ironic to me that we will go out of our way to provide job training and economic opportunity to Mexicans, yet we do a really poor job of doing the same thing for our own citizens.

One really excellent idea in this bill is designed to solve a very large problem with regard to other countries refusing to repatriate their nationals when they are caught here illegally. This bill dictates that any country that refuses to repatriate their own citizens will have all visas to come here suspended until such a time as they choose to comply. Of course there is the usual caveat that the Secretary of Homeland Security can ignore these provisions at will.

Miscellaneous Ideas

There is one small provision that exempts Cubans from all provisions of this act, most particularly the mandatory detention sections. At least that’s what I believe the phrase “The mandatory detention requirement in subsection (a) does not apply to any alien who is a native or citizen of a country in the Western Hemisphere with whose government the United States does not have full diplomatic relations” means. I’m not sure there is any other country in the Western Hemisphere with whom the U.S. does not have full diplomatic relations. It also exempts the children of Philippine war veterans.

Grants full citizenship to any non-citizen who serves two years in the military. It’s not clear from the clause if this includes illegals.

One idea that would facilitate the travel of U.S. citizens is what is called a Passport Card. This would allow those crossing the Canadian and Mexican borders regularly, and also vacationing people going on cruises and such things to have acceptable identification. This same idea also suggests the establishment of a frequent crosser database to speed such people across the borders without undue delays. This would include background checks, criminal checks, and includes people who don’t appear on any of the watch lists.

One clause this writer particularly liked was one which would reimburse small local governments for the expense they incur in dealing with illegals they catch smuggling drugs or people across the border, prior to turning them over to INS.

There are a number of provisions in this bill designed to crack down on forgers, human smugglers, drug runners and other low lives. There is also a provision to stop catch and release of illegals. To accommodate the expected numbers of detainees, the government is to look into retaining and reopening military facilities that were closed under previous base closing initiatives. These are to be regarded as a first choice before building new facilities.

Opinion: The bill contains what I regard as cop-out language exempting churches and other religious organizations who choose to defy U.S. law regarding illegals without repercussions.

Employer Repercussions

There is a clause in this bill which applies the criminal forfeiture laws to anyone who knowingly employs 10 or more illegals in any 12 month period. It also imposes heavy fines and up to ten years in prison. The provision also denies anyone other than INS officers from arresting or detaining illegals even when they are discovered. This would preclude local cops from arresting houses full of illegals. Opinion: This feature alone would stop most illegal border crossings by drying up the jobs if there is actually an intent to enforce it.

Legal aliens who get caught in the enforcement mess that is sure to result from this act are entitled to be reimbursed for lost wages. In addition, there is a cap on attorney fees for assisting people get their money. The cap is really big for one person ($25,000) but would be quite effective in eliminating nuisance suits by class action lawyers.

The Secretary of Homeland Security can exempt businesses who routinely hire large numbers of illegals from the penalties associated with doing so. Otherwise, there are heavy fines and jail sentences for anyone who doesn’t check an employee’s status once the databases are up and running.

A report is required to assess the impact of millions of new recipients for a variety of social service programs in the U.S. There is no provision in this law to bar those getting instant legality from applying for any of these programs.

English Language

Declares English to be the “national language of the United States.” The exact language is as follows: The Government of the United States shall preserve and enhance the role of English as the national language of the United States of America. Unless otherwise authorized or provided by law, no person has a right, entitlement, or claim to have the Government of the United States or any of its officials or representatives act, communicate, perform or provide services, or provide materials in any language other than English. If exceptions are made, that does not create a legal entitlement to additional services in that language or any language other than English. If any forms are issued by the Federal Government in a language other than English (or such forms are completed in a language other than English), the English language version of the form is the sole authority for all legal purposes.

This clause is directly contradicted by a previous clause which mandates production of any number of documents in languages other than English.