Reject the Gang of Eight’s Backroom Deal!

Last week, the Senate Gang of Eight unveiled its “comprehensive” immigration reform plan just after 2 a.m. Wednesday morning. The pro-amnesty and open borders lobbies are wasting no time in trying to ram this bill through Congress before the American people have a chance to understand the bill’s detrimental effects!

Proponents of the amnesty legislation argue they are allowing the bill to be addressed in a fair and open manner, yet they insist on holding hearings on the legislation before anyone has a chance to read the bill in its entirety.

In fact, the Senate Judiciary Committee held its first hearing on the 844-page legislation Friday morning, barely 48 hours after the Gang introduced it. Now the Senate Judiciary Committee is currently holding a second hearing on the legislation, featuring 23 witnesses—all of whom have unlikely had time to read the near 900-page bill either.

The Gang claims its bill is not a special path to citizenship, will secure the border, and will strengthen worksite enforcement. This is simply untrue. In reality, the bill: 

  • Grants amnesty (referred to as “registered provisional status” by Gang members) to illegal aliens who came to the U.S. before 2012. This will be done after the Secretary of Homeland Security merely issues PLANS to secure the border and add fencing—not actually secures the border;
  • Grants an expedited path to citizenship in just five years to illegal aliens who entered the U.S. before the age of 16 and meet certain criteria regardless of their current age;
  • Gives a green card in five years to illegal alien farm workers who pledge to continue working in ag for a certain period of time;
  • Allows previously deported illegal aliens to apply for amnesty if they are a spouse, parent, or child of a U.S. citizen or green card holder, or entered the country unlawfully before the age of 16 and meet additional criteria;
  • Grants green cards in 10 years to those given provisional status so long as: the Secretary’s border security and fencing plan is “substantially” in place, E-Verify is simply “implemented” but not yet used by all employers, and an exit system is in place at only air and sea ports but not land ports of entry;
  • Waives the above conditions to granting green cards to provisional amnestied aliens if one or more of the conditions are tied up in court after 10 years; and
  • Grants millions of dollars to organizations to help illegal aliens submit amnesty applications.

Starting tomorrow, Organizing for Action, President Obama’s campaign arm, is urging its members to call Congress to support this amnesty bill.
Don’t let their voices be the only ones your Members of Congress hear. Tell your Members you’ve had enough of the Gang of Eight’s lies. Americans need jobs and our immigration laws enforced, not more D.C. pandering to special interests!

Click here to find your Members of Congress and call today!

DHS Official Confirms Illegal Border Crossings Up Ahead of Amnesty

Last Wednesday, Department of Homeland Security (DHS) officials testified before the Senate Homeland Security and Governmental Affairs Committee at a hearing entitled “Border Security: Frontline Perspectives on Progress and Remaining Challenges.”

From the outset, Chairman Tom Carper (D-DE) repeated the Obama Administration’s narrative that the border is secure. Reflecting on his trip to the border with Sen. John McCain (R-AZ), Carper stated “I saw a border that I think appears to me and to a lot of other people is more secure than it’s ever been — or been in a long time.” (Bloomberg Government Transcript, Apr. 10, 2013) “Are [our] borders more secure than they have been in the past? I think it’s clear that they are.” (Id.) “Today, illegal immigration is at historic lows,” he declared. (Id.)

However, U.S. Border Patrol Chief Michael Fisher’s testimony directly contradicted that assertion. “We have seen an increase in attempted entries,” Fisher told the Committee. (Id.) Specifically, Chief Fisher testified that apprehensions of aliens crossing the border illegally are up 13 percent compared to last year. (Id.) While stating that the “reasons and modus” behind the increase are varied, he conceded that Congressional negotiations for “comprehensive” immigration reform is part of the reason for the increase. (Id.)

And while some Senators on the Committee openly support amnesty, they also criticized the administration’s failure to develop an official metric for border security.  Senator Carper particularly criticized DHS’s use of apprehensions as an indicator of border security.  “Arrests cannot be the only metric available to measure the performance of our efforts at the border,” said Senator Carper. “Without knowing how many people are actually trying to cross the border, we will never know how effective our efforts truly are to date.” (Id.)  Senator McCain echoed that criticism. “You can’t rely on apprehensions as the only measurement. But the fact is we have no measurements. We have no measurements now,” declared McCain. (Id.)  Even Chief Fisher acknowledged the weakness of DHS’s position:  “The extent to which the border is secure has more to do with known and evolving threats and our ability to respond to those threats and less to do with fluctuations and things like apprehension numbers.” (Id.)

To the Committee’s surprise, Chief Fisher refuted recent testimony by Border Patrol Assistant Commissioner Mark Borkowski by announcing that the agency is developing a new system that measures apprehensions as well as the number of illegal aliens that avoided detection. (See FAIR Legislative Update, Mar. 25, 2013)  “We want to know how many people come across the border and of that number, how many people do we either apprehend of turn back,” Fisher testified. (Bloomberg Government Transcript, Apr. 10, 2013) “Have you developed the metrics or not?” demanded McCain. (Id.) After receiving an affirmative response from Fisher, McCain asked “You have? And we’re using them?” (Id.) “We’re just starting to,” Fisher replied. (Id.) “Well, it is in the final stages of development, Senator. I can tell you that.” (Id.)

 

Radar Confirms the Border Is Not Secure

The use of a sophisticated radar system originally developed by the Pentagon to track the Taliban in Afghanistan has revealed more illegal aliens are able to circumvent the Border Patrol than previously thought. The radar system, called the Vehicle Dismount and Exploitation Radar (Vader), was deployed to Arizona in March 2012 and is now used three to four days a week, for eight to 12 hours a day tracking movement along the border. (Los Angeles Times, Apr. 3, 2013)

Although the radar system has helped the Border Patrol catch illegal aliens, internal reports also reveal that Border Patrol agents apprehended fewer than half of those illegally crossing the border into southern Arizona. (Id.) Using the radar, which is operated from a Predator drone, Border Patrol agents caught 1,874 people in a 150-square-mile stretch of the Sonora Desert between October 1, 2012 and January 17, 2013. (Id.) However, the Vader system also identified an additional 1,962 people in the same area who evaded arrest, which the Border Patrol calls “gotaways.” (Id.)

The findings debunk the Obama Administration’s repeated claims that the border is secure. In January, the Government Accountability Office (GAO) estimated that the Border Patrol detained 64% of those who illegally crossed into the Tucson sector in 2011. (Id.)

Not surprisingly, Administration officials downplayed the Vader report’s findings. Michael Friel, a spokesman for U.S. Customs and Border Protection, said the Vader was only in a “preliminary testing phase.” (Los Angeles Times, Apr. 3, 2013) He also charged that the calculation method was flawed because it did not include people who were detained after the radar left the area. (Id.) “There is no silver bullet in border technology,” Friel said. (Id.)

In contrast, an unnamed former law enforcement official praised the system as “a match made in heaven for border security.” (Id.) The source credited the radar with helping Border Patrol agents observe migrants and smugglers gathering on the Mexico side of the border before they attempt to cross illegally into the United States. (Id.)

House Homeland Security Committee Chairman Michael McCaul (R-TX) echoed that sentiment. “That is the kind of technology we would like to see all across the border,” McCaul, said in a telephone interview. (Id.) Chairman McCaul said he was briefed on the Vader system during a February trip to the border in Arizona. (Id.) McCaul announced that he is drafting a bill that would require DHS to establish an accurate measure of border security effectiveness. (Id.) “You can’t measure what you can’t see,” he said. “There is an awful lot we’re not seeing.” (Id.)

Despite Mr. Friel’s comments, the tests were successful enough that the Border Patrol has asked Congress to appropriate funds for the purchase of two additional Vader systems. (Id.) Each system costs approximately $5 million per year to operate and maintain. (Id.)

Amnesty Groups Promise to Fight any Reduction of Chain Migration

Last week, several pro-amnesty organizations held a press conference to announce they would fight any efforts by Congress to eliminate or reduce chain migration.  (Associated Press, Apr. 3, 2013) Chain migration refers to the ability of individuals to sponsor extended family members for green cards under the Immigration and Nationality Act (See Section 203(a)).

The groups are reacting to statements from Gang of Eight member Senator Lindsay Graham (R-SC) who has said on several occasions that he intends to tackle chain migration in the highly-anticipated amnesty bill.  For example, on CNN last Sunday, Senator Graham said that a primary goal of the legislation would be to “turn our chain migration, family-based immigration system into a merit-based immigration system with a family component.” (CNN.com, Mar. 30, 2013)

But even though Senator Graham has been a long-time amnesty supporter, the amnesty groups were not impressed.  ”We’re very concerned about what we’re hearing,” said Mee Moua, president of the Asian American Justice Center. (NBCnews.com, Apr.3, 2013)”The elimination of any of the categories, particularly the sibling or married children categories, is going to have a disproportionate impact on the Asian American community, in addition to the Latino community and the African-Caribbean community as we’re striving to allow those groups to reunite with their families.”  (Id.)

Martinez de Castro from the National Council of La Raza argued that these extended family members are no less likely to contribute positively to the economy than those who come for work.  (Id.) Kevin Appleby of the U.S. Conference of Catholic Bishops echoed her sentiment. ”Immigrant families are not potted plants,” Appleby said. ”They work, and they are economic actors as well.” (Id.) AFL-CIO President Richard Trumka added: ”Some are trying to pit economic interests against family. They say that ‘on merit’ brothers and sisters and children and spouses are worth less than people employers prefer. The labor movement doesn’t buy that for one second.” (Talking Points Memo, Apr. 3, 2013)

Despite such statements, family-based immigration does in fact make up roughly two-thirds of all green cards issued annually and, because of the ability to sponsor numerous family members, tends to bring in less educated, low-skilled individuals.  According to 2010 census data, only 18% of the foreign-born population in the U.S. had a bachelor’s degree.  About 16.9% had some college education, while 26% had only a high school diploma and 28.1% had less than a high-school diploma.  (CIS Report, August 2012)  Similarly, in 2010, the median annual income for a foreign-born worker was $34,021 compared to $43,701 for a native-born. (Id.)

ICE Union Says Amnesty Deal Ignores Cartels, Border Security

ICE Union Says Amnesty Deal Ignores Cartels, Border Security

“Immigration and Customs Enforcement union president Chris Crane told reporters on Wednesday that the Mexican drug cartels’ influence inside the United States has been ‘almost completely absent’ from the immigration reform debate but needs more attention,” Breitbart News reported.

“‘I mean, if these folks coming over here taking work, we know that the drug cartels’ troops and the soldiers are all within the interior of the United States as are many other criminal elements and criminal individuals,’ Crane said on a conference call with media. ‘There are people coming here for this to be a land of opportunity and there are people coming here because this is a target of opportunity. We believe there is a very disproportionate number of criminals coming into the United States.’”

Peter Hitchens: Mea Culpa for Supporting Mass Immigration to Britain

“When I was a Revolutionary Marxist, we were all in favour of as much immigration as possible. It wasn’t because we liked immigrants, but because we didn’t like Britain. We saw immigrants – from anywhere – as allies against the staid, settled, conservative society that our country still was at the end of the Sixties,” says Peter Hitchens at his blog.

“I now believe that the unreasoning hatred comes almost entirely from the liberal Left. Of course, there are still people who harbour stupid racial prejudices. But most of those concerned about immigration are completely innocent of such feelings. The screaming, spitting intolerance comes from a pampered elite who are ashamed of their own country, despise patriotism in others and feel none themselves.”

Amnesty Would Mean Trillions in Potential Costs

“Senators in the [Gang of 8] have suggested that cost will not be an issue because amnestied illegal immigrants will not be eligible for certain public aid and welfare programs during a temporary period of probationary legal status (although even this is in growing doubt given the outcome of the relevant vote during the recent consideration of the Senate budget). But, crucially, once this status ends and they become eligible for green cards, those who illegally immigrated will have access to a wide array of public assistance programs,” notes the Senate Republican Budget Committee Office.

“To be effective, any immigration reform must therefore ensure that a reliable public charge standard is being applied for all immigrants, legal and illegal, and that any incentive to immigrate illegally in order to receive public benefits is removed. This is a fundamental protection for taxpayers and a core legal and economic principle of immigration common to virtually all nations.”

Business Lobby Balking at Immigration Deal

“A deal between the U.S. Chamber of Commerce and labor groups on visas for low-skilled workers was supposed to clear a path for an immigration reform package in the Senate. Instead, some business groups are grumbling about the deal and they’re gearing up for a lobbying battle on Capitol Hill — where powerful interests helped doom immigration reform over the same issue before,” Politico reports. “On Wednesday, the construction industry was the first to go public, saying they are ‘deeply concerned’ about the temporary worker program and that the cap on construction visas is ‘simply unrealistic and destined to fail.’”

House Gang of Eight Amnesty Bill Nears Completion

According to House “Gang of Eight” Member Rep. John Yarmuth (D-KY), the group is “very close” to releasing its comprehensive immigration reform bill. “We’ve really resolved all of the truly contentious issues,” Yarmuth announced in an interview last Wednesday. (MSNBC, Mar. 27, 2013) “I’m very optimistic… In our group, everybody is really committed to getting this done. We know we have to deal with the immigration issue and this is the best opportunity we’ve had in generations.” (Id.)

Anonymous sources familiar with the negotiations elaborated on the aspects of the plan dividing the bipartisan group. According to the sources, the House Gang has yet to reach consensus on the following issues: a path to citizenship, reforming the visa process for high-tech workers, and the process for introducing and voting on a bill. (Politico, Apr. 1, 2013)

Specifically, the group plans to attempt to make the bill more palatable to the American people by calling the citizenship provision a “pathway to status.” Under this “pathway,” it will take approximately 20 years for an amnestied illegal alien to become a U.S. citizen once the border is deemed secure. (Id.) The newly amnestied aliens would obtain a green card after 10 years and pay back taxes, a “hefty” penalty, gain English proficiency, and make an admission that they broke the law. (Id.) Then, the amnestied alien could gain citizenship in another 10 years. (Id.)

The length of time to obtain citizenship is designed to make the bill appear less costly. Specifically, the Congressional Budget Office, which is charged with assessing the budgetary impact of a bill, can only consider a 10-year period to reach its estimate. Thus, the group’s 20-year plan skirts the CBO’s scoring ability. (Id.) Additionally, the bipartisan group plans to offset the cost of securing the border by increasing visa fees and Republicans in the group want to make the amnestied aliens ineligible for entitlement programs. (Id.)

The Republican members of the group are debating internally and in consultation with House Leadership on how to proceed with legislation because the House is poised to take a piecemeal approach to immigration reform. (Id.) Although three committees have jurisdiction on immigration issues — Judiciary, Education and Workforce, and Homeland Security — Republicans are considering only going through the Judiciary Committee or even bypassing the committee process entirely. (Id.) The sources revealed that it is essential for Gang of Eight Member Rep. Raul Labrador (R-ID) to sign off on the deal to ensure eventual passage. (Id.)

Yarmuth declared that the House bipartisan group is playing the more important role towards eventual passage of legislation because it would ensure Republican support and guaranteed passage of an amnesty bill. “One of the things that we’re dealing with is the issue of making sure House Republicans, who are in the majority, are comfortable with whatever package comes to the floor of the House,” Yarmuth said. (MSNBC, Mar. 27, 2013)  “The sensitivity is would House Republicans be open to a bill that comes from a Democratic-controlled Senate or from a Democratic President. That’s why we think our effort is most important. If we can get one through the House then the odds of actually getting it signed into law improve a lot.” (Id.)

Yarmuth also indicated that Members of the House Gang of Eight have been talking with their Senate counterparts, who also claim to be nearly finished with their amnesty bill. “The bottom line is we’re very close,” declared Sen. Chuck Schumer (D-NY). (The Hill, Mar. 27, 2013) “I’d say we’re 90 percent there. We have a few little problems to work on,” Schumer said, but he indicated that the Senators were working together during the two-week recess to complete their negotiations. (Id.)

Both “Gangs” are expected to introduce their respective pieces of legislation the week of April 8.