--- On Wed, 12/23/09, Jerry Wilson wrote:
FAIR Legislative Update December 22, 2009
Radical Amnesty Bill Introduced in House
On Tuesday, December 15, open borders advocate Luis Gutierrez (D-IL) introduced
H.R. 4321, the “Comprehensive Immigration Reform for America’s Security and
Prosperity Act of 2009,” (CIR ASAP). H.R. 4321 would grant amnesty to millions
of illegal aliens, dramatically increase legal immigration, and create
loopholes in existing penalties in exchange for promises of “enforcement” in
the future. (See FAIR’s Legislative Updates from October 19, 2009 and December
14, 2009). At introduction, CIR ASAP had over 90 original co-sponsors in the
House of Representatives. (See Cosponsor listing).
CIR ASAP contains several amnesty programs, including AgJOBS (Title IV,
Subtitle B); the DREAM Act (sprinkled throughout the bill); and a broad amnesty
program through which millions of illegal aliens could obtain “earned
legalization” (Title IV, Subtitle A). These provisions are in many ways similar
to those in the Bush-Kennedy Amnesty Bill of 2007, except that several
significant requirements have been weakened. For example, for an illegal alien
to receive amnesty under H.R.4321, he or she does not even have to establish
employment, only that he or she is an active member of the community.
In addition to granting amnesty, CIR ASAP would dramatically increase legal
immigration by:
Recapturing purportedly “unused” family and employment-based green cards from
1992 to 2008 (§301(a)-(b)). According to State Department data, this provision
alone could bring in as many as 550,000 immigrants—all of whom would compete
with American workers for jobs. (U.S. State Department, Unused Family and
Employment Preferences Numbers Available for Recapture, Fiscal Years 1992-2007).
Expanding the definition of “immediate relatives” to include children and
spouses of lawful permanent residents. (§302). This would allow an unlimited
number of these children and spouses to immediately qualify for a visa.
Increasing the annual per country limits on family and employment-based visas
from seven percent to ten percent. (§303). Under current law, each foreign
country has a seven percent share of the total cap of visas allocated each year.
In exchange for the multiple amnesties and massive increases in legal
immigration proposed in the bill, H.R. 4321 contains measures ostensibly aimed
at strengthening immigration “enforcement.” Upon closer examination, however,
CIR ASAP would actually undermine the enforcement of our immigration laws. For
example, the bill would:
Repeal the highly successful 287(g) program, which allows federal officials to
train state and local law enforcement agencies in the enforcement of federal
immigration laws. (§184).
Establish a new, untested electronic employee verification system. (§201). This
would completely reverse years of progress made with respect to E-Verify.
Temporarily suspend Operation Streamline pending a re-evaluation of the
program’s future viability. (§125(a)). Operation Streamline is a highly
successful, zero-tolerance program that targets illegal aliens for immediate
prosecution upon apprehension at or near the border. After Operation Streamline
was put into effect in December 2006, the Yuma , Arizona sector saw nearly 1200
prosecutions in the first 9 months. Border apprehensions decreased by 70
percent. (CBP Press Release, July 24, 2007).
Prohibit the Armed Forces and the National Guard from assisting in securing the
border unless: (1) the President declares a national emergency, or (2) the use
of the Armed Forces/National Guard is required for specific counter-terrorism
duties. (§131(a) & (b)).
Require the Department of Homeland Security (DHS) to identify and inventory the
current personnel, human resources, assets, equipment, supplies, or other
physical resources dedicated to border security and enforcement prior to any
increase in these categories. (§114(a); §116(a)).
At a press conference announcing the introduction of his bill, Rep. Gutierrez
indicated that his bill was to set the Congressional Hispanic Caucus’s standard
for immigration reform legislation. However, he also acknowledged that the
Senate will most likely be the first chamber to act on amnesty legislation.
While a bill has not yet been introduced in the Senate, Senator Chuck Schumer
(D-NY) is planning to introduce a bill in early 2010, and Senate Majority
Leader Harry Reid (D-NV) has indicated he will kick off the amnesty debate
sometime in February or March. (Congressional Quarterly, December 15, 2009).
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