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Senate AgJOBS Fight Expected on Farm Bill Next Week
REAL ID Act

 

(October 30) Senate Majority Leader Harry Reid (D-Nev.) announced last Friday that The Farm Bill Extension Act of 2007 (H.R. 2419) is likely to come up for debate on the Senate floor during the week of November 5. Recently, Leader Reid had promised to attempt to attach the AgJOBS amnesty for illegal farmworkers to the farm bill during floor consideration. Despite the pleas of some open borders senators to forgo debate of additional amnesties this year, it appears another major Senate battle may be in the works next week. CongressDaily reported this morning that although Senate Agriculture Committee Chairman Tom Harkin (D-Iowa) supports "resolving immigration problems," he will "resist" efforts to add AgJOBS to the farm bill.

By and large, this is the same AgJOBS amnesty proposed last year, which, if enacted, would reward an estimated 1.5 million illegal aliens with amnesty (plus their spouses and children which could push the total to three million or more). This measure also would provide amnesty for employers who broke the law by hiring illegal aliens. Pro-amnesty advocacy groups are telling their members that Sen. Edward Kennedy (D-Mass.) and Sen. Dianne Feinstein (D-Calif.) have promised them that AgJOBS will be attached to the farm bill this fall and be signed into law.

The Federal government offers the H-2A visa which allows farmers to import unlimited numbers of foreign agricultural workers for specific short-term work. Those complaining growers mostly bypass the H-2A visa program because they would have to pay an almost acceptable wage under the program, whereas wages for illegal aliens are far less.

Occasionally, a news story about "rotting crops" mentions that H-2A workers are available, but quotes growers as saying that going through legal channels of immigration is too cumbersome. NumbersUSA has worked with some of the most pro-farmer Members of Congress to streamline the H-2A program, make it faster, more dependable and remove a few somewhat outdated requirements. However, the farm group lobbyists have failed to support reforms and, instead, have put all their efforts into an amnesty for the illegal workers their clients already are hiring.

While NumbersUSA questions the need or the advisability of large-scale foreign agricultural worker importation, we support efforts to drive all such hiring through legal programs that are designed to minimize the negative effect on our American native and legal immigrant agricultural workers. It is time to revamp the H-2A program – not give amnesty to illegal aliens who, as history has demonstrated, often move on to non-agricultural professions and are replaced by new illegal workers.

On Labor-HHS Bill, Senate Limits Access To Social Security For Illegal Labor, But Backs More Foreign Worker Importation


(October 25)
On October 23, senators approved the Labor, Health and Human Services (HHS), and Education appropriations bill (H.R. 3043) by a 75-19 vote. In inserting its version of this spending proposal into the bill (i.e., "substituting") as passed by the House in July, the following provisions added during the House's amendatory process were stripped – at least, for the time being:

  • A requirement that Federal government contractors use the E-Verify system of confirming their employees' eligibility to work in the United States; and
  • A prohibition on the use of funds by agencies allocated money by the Labor/HHS bill to employ illegal aliens.

Before final Senate passage, two amendments sponsored by Sen. John Ensign (R-Nev.) addressing Social Security were adopted by wide margins. First, a prohibition on the use of funds appropriated by the bill from being used by the Social Security Administration (SSA) to pay its employees to administer benefit payments under a totalization agreement with Mexico, which would not otherwise be payable but for such an agreement, was adopted by a 91-3 vote. Then, senators approved, by a 92-2 count, an amendment to prohibit the use of the measure's appropriations to process Social Security claims based on illegal alien labor.

Unfortunately, senators also amended, by unanimous consent, the measure to remove restrictions on certain "high-skill" employment-based (EB) immigrants in the healthcare field.  This language, sponsored by Sens. Dick Durbin (D-Ill.) and Chuck Schumer (D-N.Y.), was similar to a amendment backed by Texas Republicans Kay Bailey Hutchison and John Cornyn, which was not debated on the floor. Ostensibly, these provisions would "capture" previously "unused" EB visas from past fiscal years. However, there is no such thing for, under current law, any employment-based visas not issued in one year are allocated to the family-preference category for the next year. As such, these provisions would add new EB visas in a number that coincides with the number not issued in the specified years, since the visas not issued in those years were allocated to the family-preference category the following year.

Sen. Chuck Grassley's (R-Iowa) proposal to double (from $1,500 to $3,000) the fees employers who wish to import H-1B "high-skill" nonimmigrant workers must remit to DHS and deposits also was adopted by unanimous consent, while freshman senator Ben Cardin's (D-Md.) amendment cutting off refugee assistance to Iraqi and Afghans granted "special immigrant" status after six months was approved by a unanimous vote (92-0).

On October 16, by a 52-42 margin, senators voted to table an amendment (SA 3277) sponsored by Sen. David Vitter (R-La.) to the commerce, justice, and science (CJS) spending bill (H.R. 3093), which, if adopted, would have prevented Federal Community Oriented Policing Services (COPS) grants from being awarded to states and municipalities with sanctuary policies in place. If the Vitter amendment had been adopted, it is unlikely that states and cities with such policies would have passed up COPS funding (i.e., grants to state and local law enforcement agencies to advance community policing) to continue providing sanctuary to illegal aliens.

Generally speaking, sanctuary policies prohibit municipal employees from notifying Federal immigration officials of the presence of illegal aliens in their communities. As a result, police may not report illegal aliens to the feds and, since the distinction between legal and illegal immigration is often blurred, these misguided schemes frequently enable illegal aliens to benefit from city services.

Earlier in that debate, an amendment (SA 3295) offered by Sen. Ensign that would have increased funding to the State Criminal Alien Assistance Program (SCAAP) by $150 million was defeated upon being tabled by a 70-23 vote. This amendment would have reallocated funding from NASA (making this a contentious issue amongst senators with large space-derived constituencies in their home states) to SCAAP, which provides assistance to states for the incarceration of illegal aliens who commit crimes.

Senators also rejected (also via tabling [50-42]) an amendment (SA 3313) offered by Sen. Elizabeth Dole (R-N.C.), which would have appropriated $75 million to Immigration and Customs Enforcement (ICE) for general support of state and local law enforcement's assistance in the enforcement of Federal immigration laws.

Unfortunately, Sen. Barbara Mikulski (D-Md.), the majority's manager for shepherding this measure through the Senate, was successful in getting an amendment (SA 3311) adopted by unanimous consent that exempts any alien who has been present in the United States as an H-2B nonimmigrant worker for any one of the previous three fiscal years and who is returning to work as an H-2B from counting against the 66,000-per-year cap on H-2B visas. In other words, this provision could potentially triple the number of H-2Bs in the U.S. at any one time.

Also adopted by unanimous consent:

  • Sen. Jeff Sessions' (R-Ala.) SA 3283, which makes $10 million available for incremental expansion of "Operation Streamline," a Customs and Border Protection (CPB) program targeting illegal aliens apprehended in specific enforcement zones for immediate prosecution for illegal entry under which violators face up to 180 days in jail and immediate removal procedures following completion of that jail time; and
  • A limitation on access to legal aid for forestry workers in the United States on H-2B visas (SA 3209, sponsored by Sen. Jeff Bingaman [D-N.M.]).

Earlier in the debate, a proposal (SA 3213) by retiring Sen. Pete Domenici (R-N.M.) increasing the number of active-duty Deputy U.S. Marshals assigned to immigration-related matters (e.g., transporting detainees) by 50 per year, fiscal years 2008 through 2012 (subject to appropriations) was adopted by voice vote.

Judge Places Bush’s “No-Match” Initiative on Hold


(September 5)
On August 31, a ninth circuit federal judge ruled the Department of Homeland Security must hold off sending out letters accompanying the Social Security Administration’s "no match" letters to employers until the judge reviews a related AFL-CIO lawsuit. The DHS letter was one of 26 "reforms" the Bush Administration announced on August 10 that are reportedly designed to secure the borders, improve interior and worksite enforcement, and streamline existing guestworker programs. This unfortunate development delays one of the package’s most promising "reforms."

The DHS letter is intended to clarify employer responsibilities when the Social Security Administration (SSA) issues a "no-match" letter. SSA sends "no match" letters when a "significant" number of employees have provided Social Security numbers and names that do not match Social Security Administration records. According to the recent DHS regulation, the letter was to inform employers that they will be held liable if they do not respond as required within 90 days of receiving the letter. 

Other promising measures in the package are designed to confront identification falsification and increase the use of the Basic Pilot program ("re-branded" as E-Verify) for workforce verification. The Administration says it will publish a regulation to reduce the number of documents employers can accept to verify identity and workplace eligibility, and will commence (without the promise of completing) a rulemaking to require all federal contractors to use E-Verify.

Other "reforms" with potential include:

  • expanding E-Verify's data sources and use by states;
  • increasing civil fines on employers that hire illegal aliens;
  • adding personnel and infrastructure at the border; and
  • implementing certain (overdue) elements of the US-VISIT system.

However, NumbersUSA is concerned that some of the "reforms" announced by the Administration may unnecessarily raise the numbers of guestworkers and could result in increased deficiencies in our national security. The president has directed the Department of Labor (DOL) to issue regulations to "streamline" the existing H-2B guestworker program for non-agricultural seasonal workers; this regulatory action could be used to bring in more foreign workers irrespective of whether American workers could be obtained at higher wages. The Administration's plan to "expedite" immigration background checks also is a concern, given its propensity to rubber stamp applications now. Speeding up the process could have serious national security consequences.

In response to these proposals
, NumbersUSA Executive Director Roy Beck said, "It is heartening to see that the Administration recognizes that a significant portion of immigration law needs to be implemented.…Interior enforcement, particularly in the workplace, is the cornerstone of the Attrition through Enforcement approach to solving our illegal immigration problems." Beck also noted, however, that, "The devil is in the details of the coming regulations, and it is my sincere hope that this won't be a case of one step forward, two steps back.…Americans will be watching closely to make sure that these promises of enforcement will not be a Trojan horse drastically increasing the number of immigrants in the U.S."


Visa Waiver Program Expansion Passes Congress


(July 30)
Last Friday, by a 371-40 vote, the House cleared for the president's signature the conference report (H. Rept. 110-259) for the bill implementing unfulfilled recommendations of the 9/11 Commission. The Senate adopted the report on Thursday by a 85-8 vote. The president is expected to sign the legislation, which includes a provision authorizing DHS to expand the Visa Waiver Program (VWP).

Under the VWP, the citizens of 27 countries are currently allowed to visit the United States without first securing a visa and undergoing a background check at a U.S. embassy in their country. The VWP expansion would allow DHS to waive the VWP's requirements for a nation's inclusion in the VWP as long as the country has: (1) cooperated with the United States on security and counterterrorism matters; and (2) met minimal standards for visa refusal and/or enforcement relative to visa overstays, security of passports, and "prompt" repatriation of nationals ordered removed from the U.S. DHS would only be required to give Congress 30 days' notice before granting such a waiver.

The VWP enabled convicted 9/11 co-conspirator Zacarias Moussaoui to enter the U.S. using just his French passport in 2001 and would have likely allowed "shoe bomber" Richard Reid, a British citizen, into the United States later that year. As DHS Secretary Michael Chertoff rightly said recently, "When we identify areas where we are vulnerable, it becomes obvious that Europeans traveling without visas belong to these areas." And yet, Congress believes that expanding the VWP is in the best interest of the United States - and that adding it to a bill in response to the 9/11 tragedy is the appropriate place to do such a thing.



Border Security Funding Agreed To; REAL ID Compliance Dollars Rejected; Some Senators Push Amnesties


(July 27) On Thursday, July 26, the Senate passed the DHS appropriations bill for fiscal year 2008 (H.R. 2638) by an 89-4 margin margin following several days of debate.

JULY 30, 2007: House is continuing debate on spending measures for fiscal year 2008 this week
CLICK HERE to learn more

Also on Thursday:

  • By a 50-44 margin, senators killed (via a successful motion to table) an amendment sponsored by Sens. Lamar Alexander (R-Tenn.), Susan Collins (R-Maine), Jon Kyl (R-Ariz.), George Voinovich (R-Ohio), and John Warner (R-Va.), which, if adopted, would have increased funding to assist states in complying with the REAL ID Act.  As it stands now, the Senate's spending proposal (S. 1644 [the text of which the Senate inserted into H.R. 2638 as a substitute]) does not provide any money to aid states in REAL ID compliance, whereas the House version provides $50 million.
  • An amendment sponsored by Sens. Chuck Grassley (R-Iowa) and Jim Inhofe (R-Okla.), which was just adopted by voice vote, prohibits DHS from spending any of the funds appropriated according to this bill until the agency certifies to Congress that all of its new hires are verified by the Basic Pilot program.  In addition, the amendment prohibits DHS from entering into any contracts or subcontracts with any entity that does not participate in the Basic Pilot.
  • Senators adopted, on a 51-43 vote, an amendment sponsored by Sens. Bernie Sanders (I-Vt.) and Russ Feingold (D-Wisc.) that would prohibit funds appropriated from being used to implement DHS regulations "streamlining" the importation of H-2B "temporary nonagricultural" nonimmigrant workers, which, in fact, make it easier for unscrupulous employers to abuse and/or disregard the law.


On July 25, Majority Leader Harry Reid (D-Nev.) and Senate Democrats used procedural tactics to stop an amendment sponsored by a group of 12 Republican senators – most notably, Sens. Lindsay Graham (R-S.C.) and Judd Gregg (R-N.H.).  The amendment, which failed on a 52-44 partisan vote following Reid's point of order arguing that it added policy language to an appropriations bill, would have provided an additional $3 billion in "emergency" funding to cover border security concerns, such as:
  • 300 miles of vehicle barriers and 700 miles of fencing;
  • The hiring of up to 30,000 Border Patrol agents by 2012; and
  • Increasing the number of detention beds to 45,000.

The amendment also would have:

  • Restored to state and local law enforcement officers the ability to pursue a person's immigration status as part of their daily work and, subsequently, to report their suspicions to the appropriate Federal authorities though already-established channels (as they are already required to do by law); and
  • Strengthened DHS' authority to detain and deport illegal aliens.

Following the amendment's defeat, Reid and GOP senators tried to work out an agreement under which the "emergency" border security funding would still be added to the bill.  Those efforts were stalled when Sen. John Cornyn (R-Texas) objected as the agreement did not direct DHS to target visa overstays.  However, early in yesterday's (July 26) debate, Reid, Cornyn, and Graham announced that they had reached an agreement and, subsequently, a revised funding amendment was adopted by an 89-1 margin.

Also during the debate on July 25, Sens. Ted Kennedy (D-Mass.), Larry Craig (R-Idaho), Dianne Feinstein (D-Calif.), Barbara Boxer (D-Calif.), and Kay Bailey Hutchison (R-Texas) indicated that they will back border security funding schemes that also include the AgJOBS amnesty (which would grant legal status to 1.5 million illegal alien agricultural workers) and the DREAM Act amnesty (which would be a rolling amnesty for illegal alien children).  Their efforts may not bear fruit in the DHS appropriations debate, but they have suggested that they will offer these amnesties again in the future and, perhaps, as revised stand-alone measures; to that point, Reid "committed to doing something about AgJOBS."


JUNE 29, 2007: Victory! Rule of Law and Voice of People Prevail as Amnesty/Guestworker Bill Falls Following Rejection of Cloture
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to learn more
NumbersUSA Urges Congress to Finish Bi-partisan Commission Protections for American Workers


On May 9, NumbersUSA President Roy Beck testified before the House Judiciary Committee's Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law regarding the impact of immigration reform on American workers and the U.S. economy. His conclusion was that the only way to protect American workers was through no amnesty, no guestworker programs and REDUCED legal immigration. This is the same conclusion reached by the U.S. Commission on Immigration Reform, which was chaired by the late U.S. Rep. Barbara Jordan (D-Texas).

"In the assessment of the corporate lobbies," Beck testified, "an Attrition Through Enforcement policy depriving businesses of their illegal workers would threaten to collapse the economy, harming all workers and the national interest. But in the school of thought represented by the bi-partisan U.S. Commission on Immigration Reform, the removal of millions of illegal foreign workers would open up jobs and raise the wages for American workers while strengthening the economy and serving the national interest."

Beck emphasized, "Nearly 70 million people in the broad working age of 16-74 are either looking for a job and are considered unemployed, or have dropped out of the labor force altogether. That would be 70 million Americans without a job from which to find only 7 million to replace the illegal foreign workers. Furthermore, as they enter the workforce they would begin paying more taxes to take some of the tax burden off the 142 million."

Click here to view
the jobs Americans
WILL DO

Beck also addressed the question of whether native-born workers would, in fact, do the jobs that employers hire illegal aliens to do. "[M]any recent cases of workplace raids in meatpacking plants and factories in all regions of the country during the last few months have suggested that there are a lot of Americans who will take so-called foreigner work as is. In nearly every case, federal enforcement arrested or drove out large numbers of illegal foreign workers who were entirely replaced by American workers within a few weeks."

As to the claims that illegal aliens benefit our economy, Beck pointed to recent Heritage Foundation research, which found that, on average, households headed by illegal aliens are net tax drains of approximately $18,000 annually. "When they leave the country," Beck said, "governments not only save the $18,000 per household, but they save on the formerly non-employed legal resident who has taken the illegal worker’s job and is now paying more taxes."

Beck noted that the Jordan Commission found no valid reason why businesses must meet their labor needs through the mass importation of foreign workers. Indeed, that panel concluded that:

  • Annual legal immigrant admissions should be dramatically reduced;
  • Illegal immigration should be substantially curbed by eliminating the jobs magnet;
  • Illegal foreign workers already in the U.S. should be removed from our labor markets and caused to return to their home countries;
  • Large-scale foreign guest worker programs should be avoided; and
  • Legal immigration should be limited to spouses, minor children, refugees and workers with skills and talents not possessed in the U.S. workforce.

Beck summed up his remarks urging common-sense action on immigration. "With the abysmal statistics on widening gaps in income distribution and the plight of both our native and our foreign-born workers at the lower rungs of the labor market," he said, "it appears that the recommendations of the Jordan Commission are even more in order today than when they were made a decade ago."

NumbersUSA’s Rosemary Jenks Testifies Before Congress


(April 20)
Rosemary Jenks, NumbersUSA’s Government Relations Director, testified Thursday, April 19, before the House Judiciary Immigration Subcommittee on the shortfalls of the 1986 immigration reform legislation. She made a strong case for why we should not repeat the mistakes of the past.

CLICK HERE
to read Rosemary’s testimony

The main thrust of her testimony was stressing that the Immigration Reform and Control Act of 1986, or IRCA, failed to deter illegal immigration because it was an amnesty and that amnesties entice more people to break the law. She went on to point out that IRCA was based on two faulty premises that are still prevalent in today’s debate: (1) the only choices for dealing with the four million illegal aliens present at the time were either to order mass round-ups and deportations or to grant amnesty to most of them; and (2) our economy was dependent on the labor of illegal aliens. The first premise ignores a third, realistic option – Attrition Through Enforcement – which could have been chosen in 1986 and should be used today. The second premise disregards the fact that illegal aliens pose a net cost on our economy – as shown by a recently-released Heritage Foundation study – and that more than enough American workers would be available to do the work being done by illegal aliens if employers paid a decent wage.

Nearly all the open-borders Members of Congress admit that IRCA was an amnesty and that it utterly failed to slow down illegal immigration. Over the past year, they have attempted to mask their pro-amnesty leanings by claiming new “comprehensive reform” proposals will succeed because they:

  • Provide for greatly enhanced enforcement against future illegal immigration;
  • Increase the number of green cards for permanent legal workers so foreign workers won’t feel a need to come here illegally;
  • Create a new guest worker program (again to remove the need to come illegally)
  • Require employers to verify the eligibility of their workforce; and
  • Grant legal status to illegal aliens only if they pay a fine, pass a security clearance, stand in line for awhile and show that they are learning English.

Today, however, Rosemary shot down these fallacies by simply pointing out to the subcommittee that every one of those items was also in IRCA and have actually worsened the situation in the ensuing 20 years! As such, there is no reason to believe that the “new” proposals will succeed this time in stopping illegal immigration.

Click here
to read Rosemary’s testimony.