While the jobs magnet remains the strongest incentive for illegal immigration, eligibility for certain benefits normally reserved for citizens and lawful residents can also encourage illegal aliens to break our laws and live comfortably in the United States. Federal, state, and local laws that allow illegal aliens access to official identification credentials, Social Security, in-state college tuition, subsidized housing, and other benefits send a message that illegal aliens are welcome and that we are not serious about our immigration laws. The annual net cost to U.S. taxpayers of subsidizing the mostly low-skilled illegal population is estimated at almost $20,000 per illegal household. This section charts House and Senate bills and joint resolutions in two subcategories: General Rewards, which includes in-state tuition, Social Security benefits, housing, and other similar benefits; and Identification Documents; including driver’s licenses, state-issued ID cards, and Matricula cards. Each subcategory is organized by whether or not the legislation provides or reduces rewards for illegal immigration.
HOUSE BILLS
Reduces Rewards for Illegal Aliens
H.R.4744 (E-Verify Loan Origination Act of 2010) - would require a mortgagor to be verified under the E-Verify program before purchasing a home mortgage held by Fannie Mae or Freddie Mac, or otherwise insured by the Federal Housing Administration (FHA). Rep. Kenny Marchant (R-Texas) is the bill’s main sponsor.
No cosponsors
Reduces Rewards for Illegal Aliens
H.R.4586 (Mortgage E-Verify Act of 2010) - would require a mortgagor to be verified under the E-Verify program before modifying, restructuring, or refinancing, a home mortgage loan held by Fannie Mae or Freddie Mac, or otherwise insured by the Federal Housing Administration (FHA). Rep. Kenny Marchant (R-Texas) is the bill’s main sponsor.
Cosponsors
Provide Amnesty for Illegal Aliens Weakens Border Controls
Weakens Interior Enforcement
Increases Chain Migration
Increases Foreign Worker Visas
Increases Rewards for Illegal Aliens
Increase Lottery Visas
Use “environmental protection” as an excuse to prevent federal and state agencies from patrolling large areas of the border
Suspend Operation Streamline, which was a zero tolerance program along the southern border, where violators were detained and prosecuted for federal immigration offenses, rather than immediately released back to their home country to try again.
Provide expedited healthcare for illegal alien detainees with new minimum treatment requirements including such as preexisting conditions and full health screenings.
Provide unlimited telephone access, social services, translators, and legal services to illegal alien detainees.
Limit detainee transfers, which could increase releases at congested detention facilities.
Release any alien deemed “vulnerable” without further supervision
Provide sanctuary for illegal aliens by prohibiting apprehensions near schools, community centers, churches, courthouses, hospitals, etc.
Provide U visas to certain illegal workers who accuse their employers of exploiting them, violating their civil rights, or preventing them from joining a union.
Repeal 287(g) and prevent states from enforcing immigration laws
Replace E-Verify
Establish a PUM visa to provide 100,000 visas annually for three years to countries with large numbers of unauthorized (illegal) immigrants. These visas would be distributed by lottery, similar to the current visa lottery system.
Exempt aliens who earn a master’s degree in math, science, technology, or engineering at a United States institution from the numerical limitations on H-1B nonimmigrants. Specifically, this legislation would offer permanent residence status to doctors, teachers, and engineers, driving down wages and creating undue competition for high-skilled American workers.
“Recapture unused employment-based visas” and “unused family -sponsored immigrant visas” between fiscal years 1992 and 2009 and establish a formula for calculating the number of “unused visas” (even though visas not allocated in a certain category in any given year are made available for other categories, so there really is no such thing as an "unused" visa). The result of this “recapture” is a backdoor immigration increase amounting to thousands of visas a year.
Expand chain migration by redefining "immediate relatives" and allowing eligibility for citizens or lawful permanent residents. In addition, it would expand chain migration by increasing the number of adult married children, adult unmarried children, and brothers and sisters of naturalized citizens.
Exempt immediate relatives from the annual cap on the number of immigrant visas and increase the number of visas issued per country per year.
Permit qualified workers eligible for an employment based petition to receive work authorization until a visa becomes available.
Exempt foreign nurses from current numerical limitations and provide new programs to fund and train domestic nursing other health care professionals.
Allow more discretionary authority to waive unlawful presence in order to reunite families.
Permit an immigration judge to decline to order the removal of the parent of a U.S. citizen child if the judge determines that removal would not be in the child's best interests.
Alter the eligibility requirements for immigrant sponsorship by reducing the level of support required from 125% of poverty level to 100% of poverty level.
Include the DREAM Act to offer benefits and amnesty certain illegal aliens under the pretense of providing educational opportunities for children brought to the United States before age 16.
Allow certain nonimmigrants, including their spouses and children, to apply for lawful permanent resident status (green card) and eventual citizenship. In addition, immigrants who adjust from a conditional nonimmigrant visa (including dependents) to lawful permanent resident status would not be counted against the worldwide numerical visa caps.
Permanently reauthorize the EB-5 visa program and expand it to 10,000 total visas.
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Finally, this bill would provide amnesty to almost any illegal alien present as of December 15, 2009 (or anyone who makes that claim) and pays a meager $500 fine. Rep. Solomon Ortiz (D-Texas) is the bill’s main sponsor.
Cosponsors
Reduces Rewards for Illegal Aliens
H.R.4548 (Fairness for American Students Act) - would close a legal loophole that currently allows 10 states to offer in-state tuition to illegal aliens. Specifically, this legislation would clarify that illegal aliens are ineligible for in-state tuition unless state colleges and universities offer the same rates to all American citizens. Furthermore, this bill would bar federal funding for any college or university that provides in-state tuition to illegal aliens. Rep. Todd Tiahrt (R-Kan.) is the bill’s main sponsor.
Cosponsors
Increases Rewards for Illegal Aliens
H.R.4470 (Safe Treatment, Avoiding Needless Deaths, and Abuse Reduction in the Detention System [Strong STANDARDS] Act) - would provide non-emergency medical treatment to aliens detained by Immigration and Customs Enforcement (ICE). Specifically, it would establish procedures for medical and mental health evaluation such as: examinations within 14 days of arrival, parole or bond for individuals with serious health conditions, informing detainees of healthcare services, non-interrupted treatment, prescription drugs, transferred medical records, and access to an onsite medical provider. Please review S.1550 for the Senate companion bill. Rep. Diane Watson (D-Calif.) is the bill’s main sponsor.
Cosponsors
Reduces Rewards for Illegal Aliens
H.R.4026 (Preventing All Your Bucks from Aiding non-Citizens is Key [PAYBACK] Act) - would withhold foreign assistance funding to a country in an amount equal to 110% of the total costs incurred by U.S. hospitals and medical facilities for the long term care of illegal aliens from their jurisdiction. This funding would be withheld at the start of a fiscal year and would not be reinstated until the President submits a report to Congress that the country has paid the expenses. Rep. Zach Space (D-Ohio) is the bill’s main sponsor.
No Cosponsors
Increases Rewards for Illegal Aliens
H.R.3855 (Every Person Counts Act) - would prohibit the Secretary of Commerce from inserting a checkbox on decennial census questionnaires indicating citizenship status in the United States. It would prevent the exclusion of any person regardless of status, location, age, etc. during the Congressional reapportionment process. Rep. Joe Baca (D-Calif.) is the bill’s main sponsor.
Cosponsors
Reduces Rewards for Illegal Aliens
H.R.3797 (Fairness in Representation Act) - would require a checkbox on decennial census questionnaires indicating citizenship status in the United States and would prevent non-U.S. citizens from counting as population during the Congressional reapportionment process. Rep. Virginia Foxx (R-N.C.) is the bill’s main sponsor.
Cosponsors
H.R.2681 (People Resolved to Obtain an Understanding of Democracy [PROUD] Act) - would amnesty and provide citizenship for certain illegal aliens as a reward for graduating high school. Specifically, the alien would have to be under 25 years old at the date of application; complete grades 6 through 12; complete a curriculum that reflects knowledge of United States history, government, and civics; provide transcripts from their school(s), and provide a copy of their high school diploma. This legislation would further reward illegal aliens by reducing the naturalization application fee by 50 percent. Rep. Joe Baca (D-Calif.) is the bill’s main sponsor.
Cosponsors
Reduces Rewards for Illegal Immigration
H.R.2472 (Social Security Number Fraud and Identity theft Prevention Act)
- would require the Social Security Administration to share information with the Department of Labor, Department of Justice, or Department of Homeland Security in order to combat identity theft and Social Security fraud. Discrepancies such as a number with two different users, someone using the number of a deceased person, or someone using the number of a person too young to work can be identified and prosecuted by these Departments, making it more difficult for illegal aliens to work and claim benefits in the United States. Please read the official press release. Rep. Mike Coffman (R-Co.) is the bill’s main sponsor.
Cosponsors
H.R. 1 (American Recovery and Reinvestment Act of 2009) - would provide supplemental appropriations for FY2009. Specifically, this legislation: includes $150 million to repair and construct border inspection facilities, retains Rep. Jack Kingston’s (R-Ga.) amendment requiring contractors to participate in E-Verify (federal employment verification program) as a prerequisite for receiving supplemental funding, and includes a committee amendment sponsored by Rep. Ken Calvert (R-Calif.) that would extend authorization of the E-Verify program for five years, similar to Rep. Gabrielle Giffords’ (D-Ariz.)H.R.662 (Employee Verification Amendment Act of 2009). Finally, this legislation does not prevent illegal aliens from receiving individual stimulus checks. Rep. David Obey (D-Wis.) is the bill’s main sponsor.
Cosponsors Passed the House of Representatives by a vote of 244 to 188 on 1/28/2009 Passed the Senate as amended by a vote of 61 to 37 on 2/10/2009 The House/Senate Conference Report stripped out most immigration related measures and passed the House by a vote of 246 to 183 to 1 and Senate by a vote of 61 to 38 on 2/13/2009
Uphold identification security by specifying what forms of identification may be accepted by the federal government or financial institutions. Accepted forms of identification include a Social Security card with a photo ID, a REAL ID Act compliant identification card, a passport, or a USCIS photo identification card.
Require federal agencies to coordinate with states to develop an electronic birth and death registration system, which would reduce the number of stolen identities and help prevent Social Security fraud.
Require the SSA (Social Security Administration) and IRS (Internal Revenue Service) to share information related to the investigation and enforcement of no-match letters.
Prohibit an illegal alien from renting or owning a home, and make them ineligible for public and Section 8 housing. Specifically, applicants would be required to present an accepted form of identification such as a Social Security card accompanied by a photo ID, a REAL ID compliant identification card, a passport, or a USCIS photo identification card in order to obtain a mortgage or apply for housing benefits.
Prohibit Social Security totalization agreements that benefit illegal aliens, including the 2004 agreement between the United States and Mexico.
Prohibit illegal aliens from receiving Social Security credit for illegal work in the United States.
Prohibit financial and nonfinancial institutions from accepting Individual Taxpayer Identification Numbers (ITIN) or any other foreign-source of identification from an illegal alien, such as a Matricula Consular card. Forms of accepted identification include a Social Security card with a photo ID, a REAL ID compliant identification card, a passport, or a USCIS photo identification card. These requirements also apply to the U.S. Postal Service’s “Dinero Seguro” program and the Federal Reserve’s “Directo a Mexico” program.
Prohibit states from granting in-state tuition to illegal aliens while U.S. citizens and nationals are excluded from the same benefit.
H.R.140 - would withhold a certain percentage of federal highway funding to states that do not comply with federal REAL ID requirements such as providing: the person's full legal name; date of birth; gender; driver's license or identification number; digital photograph; verified address; signature; security features designed to prevent tampering, counterfeiting, or duplication; incorporating machine-readable technology; verifying the person's Social Security account number, and verifying lawful status. Under this proposed legislation, if a state is not compliant by 2010 they lose 2 percent of their highway funding, 4 percent by 2011, 6 percent by 2012, or 8 percent each additional year after 2013. Rep. Elton Gallegly (R-Calif.) is the bill's main sponsor.
Cosponsors
Reduce Rewards for Illegal Immigration
H.R.139 (Identification Integrity Act of 2009) - would prohibit a federal agency from accepting a foreign identification document for any official purpose unless the document is an authorized passport at the time of enactment. Specifically, this legislation limits access to comfort benefits that encourage illegal aliens to remain in the United States such as a credit card and checking account. Rep. Elton Gallegly (R-Calif.) is the bill’s main sponsor.
No Cosponsors
Reduce Rewards for Illegal Immigration
H.R.132 (Total Overhaul of Totalization Agreements Law of 2009) - would prohibit an illegal alien, for the purpose of obtaining Social Security benefits, from being credited for income earned while he/she is not authorized to work in the United States. Furthermore, it would require a naturalized citizen or lawful permanent resident’s source country to provide the United States with any social security taxes paid by the worker or his/her employer if the worker qualifies for benefits under the agreement. Rep. Elton Gallegly (R-Calif.) is the bill's main sponsor.
No Cosponsors
Reduce Rewards for Illegal Immigration
H.R. 127 - would limit the public burden of certain aliens by prohibiting an alien sponsor from providing an affidavit of support unless they agree to support the alien at an annual income not less than 300 percent of the federal poverty line, or 200 percent if the alien is a spouse or child of the sponsor. Rep. Elton Gallegly (R-Calif.) is the bill's main sponsor.
No Cosponsors
SENATE BILLS
Decrease Visa Lottery Reduces Rewards for Illegal Aliens
Strengthens Border Security Strengthens Strengthens Interior Enforcement
S.3901 (Strengthening Our Commitment to Legal Immigration and America’s Security Act) - would among numerous provisions: eliminate the Visa Lottery Program; prevent the reimbursement of incarceration expenses to local and state authorities that do not participate in the 287(g) program; limit alien parole to only urgent humanitarian cases; commission a report about the amount of federal welfare benefits provided to illegal aliens; limit the amount of medical funding to noncitizen children; fight identity fraud and unauthorized employment by sending notices to employers and owners about stolen Social Security numbers; and would increase penalties to counter drug violence on federal border lands. Sen. Orrin Hatch (R-Utah) is the bill’s main sponsor. No Cosponsors
Increases Rewards for Illegal Immigration
S.1261 (PASS ID Act) - would support identity fraud and encourage benefits for illegal aliens by diluting the scope and authority of the REAL ID Act. This bill is advertised as a way to give states more legal and financial flexibility for providing secure state identification, but the result is a return to the way states issued IDs prior to 9/11, the 9/11 Commission, and the REAL ID Act. This legislation would: duplicate and compete with the REAL ID grant-making process; make compliance voluntary; increase the compliance deadline to 2021; delete benchmarks for compliance; give states more opportunity for compliance extensions; allow state laws to pre-empt federal requirements; and has no requirement to electronically verify date of birth, Social Security number, or lawful residence status. Sen. Daniel Akaka (D-HI) is the bill’s main sponsor.
Cosponsors
Reduce Rewards for Illegal Immigration
S.84 - would prevent an illegal alien from obtaining a credit card, checking, or financial account by specifying the identification a financial institution may accept from a non-United States person. Notably, the institution may accept a social security number, passport number and country of issuance, or alien identification number. Furthermore, a financial institution could not accept identification issued by a foreign government other than an unexpired passport. Sen. David Vitter (R-La.) is the bill’s main sponsor.
Cosponsors
There are four forms legislation take:
S. 123 (or H.R. 123) - Bills that must pass both chambers (i.e., House and Senate) and be signed by President to have force of law.
S. Res. 123 (or H.Res. 123) - Measures concerning operation of single chamber; not presented to President for action.
S.J. Res. 123 (or H.J.Res. 123) - Resolutions requiring both chambers’ approval and presentation to President for approval (as with bills [laws enacted by virtue of joint resolutions are not distinguished from laws enacted by bills]); generally used to authorize small appropriations, enact continuing resolutions that provide for government expenditures (absent overarching appropriations law), create commissions or other bodies, or extend legislation already drafted; also used to propose amendments to U.S. Constitution, in which case must be sent to states directly – bypassing Presidential action – for three-fourths’ approval.
S.Con.Res. 123 (or H.Con.Res. 123) - Resolutions requiring both chambers’ approval, but not Presidential action; generally used to address both chambers’ sentiments or deal with issues affecting both chambers.