Posted on 06/27/2007 2:45:12 AM PDT by ding_dong_daddy_from_dumas
Background Information on Major Enforcement Provisions of the Graham-Kyl-Martinez Amendment
‘TOUCHBACK’ Z-VISA APPLICANTS MUST LEAVE THE UNITED STATES TO BECOME A Z-VISA HOLDER
The legislation has been criticized for allowing z-visa applicants to stay in the United States indefinitely in z-visa status. Others have claimed said z-visa holders will never have to leave the United States.
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The illegal alien head of household – currently residing in the United States -- will have to leave our country within 3 years and return to their home country.
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Once in their home country, they can complete their z-visa application.
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After 3 years, if the illegal alien has not 1) left the United States, 2) returned to their home country, 3) submitted the appropriate paperwork from their home country, then their probationary status will be revoked. They will be deported along with their spouse and any non-American citizen children.
VISA OVERSTAYS
Approximately 40 percent of the illegal aliens in the United States today did not come across our nation’s southern border. They came to the United States legally on visas and simply refused to leave the when their visa expired. The Graham-Kyl-Martinez amendment builds upon a provision already in the bill requiring mandatory jail time of at least 60 days to a maximum of 1 year in jail for aliens who illegally reenter the United States after being deported.
Graham-Kyl-Martinez would:
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PERMANENTLY bar from the United States any alien who overstays their visa.
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Aliens who overstay their visa by more than 60 days will be apprehended, detained, and deported.
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Establishes and deploys a biometric tracking system that records the entry and exit of all temporary workers and visiting family members to ensure we have a record of who overstayed a visa.
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If the alien refuses to depart in a timely manner, DHS will – within 48 hours – enter the alien’s name in a database of overstays accessible for local, state, and immigration law enforcement officials.
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Authorizes an increase of 6,250 Immigration and Customs Enforcement personnel hired to carry out the removal of illegal aliens, to investigate immigration fraud, and to enforce illegal hiring at the workplace.
24 HOUR BACKGROUND CHECKS
The bill has been criticized for allowing probationary status to be granted to z-visa applicants 24 hours after they file an application, even if the alien has not yet passed all appropriate background checks. The Graham-Kyl-Martinez amendment addresses those concerns.
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Ensures probationary status will only be granted after passing all appropriate background checks regardless of how long it takes for DHS to complete them.
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Z-visa applicants can pre-register online with DHS to speed their application and to make appointments for getting their fingerprints taken.
GANG MEMBERS NEED NOT APPLY FOR A Z-VISA
Critics have said illegal alien gang members will be allowed to receive legal status under the legislation.
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Graham-Kyl-Martinez makes it clear that gang members – even those who have renounced their gang ‘membership’ – are ineligible for the z-visa program.
CHILD MOLESTORS NEED NOT APPLY FOR A Z-VISA
Critics have said some child molesters will be allowed to receive legal status under the legislation.
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Graham-Kyl-Martinez makes clear that illegal aliens convicted of sexual abuse on a minor are ineligible regardless of when the offense occurred.
ADDRESSES VISA OVERSTAYS USING THE ‘PARENT’ VISA
Critics of the legislation have criticized the new ‘parent’ visa which allows parents of American citizens and the spouses and children of temporary workers to visit a worker in the United States.
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Graham-Kyl-Martinez raises the bond for visiting family members from $1,000 to $2,500 to help ensure they depart when their visa is up.
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Overstay provisions described above apply to the ‘parent’ visa holders.
ILLEGAL ALIEN DRUNK DRIVERS FACE HARSHER STANDARDS
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Illegal aliens who have 2 state or federal convictions or 1 felony conviction for drunk driving will not be allowed to gain legal status.
Second, it seems to have the same "touchback" provision as the "approved" Hutchison amendment (which unfortunately Hutchison says eliminates amnesty, but does not).
Third, I don't think this amendment will pass, but if it does, it's still amnesty and a "desmadre" as Mexicans would say.
Fourth, any even slightly "tough" amendments that manage to pass will be zapped in the senate/house Dem/RINO conference. According to numbersusa, there are a couple of "approved" amendments that would be true "poison pills" but I don't think they will come close to getting enough votes:
# Bond S.A. 1255: prohibits green cards for [illegal aliens granted amnesty]
# Coleman S.A. 1473: outlaws state and local policies that prevent public officials including police and health and safety workers (except for emergency medical assistance)from inquiring about the immigration status of those they serve if there is “probable cause” to believe the individual being questioned is undocumented.
Now they expect us to believe they'll enforce this legislation that is more complicated than previous? It's a juvenile attitude.
The GOP is rapidly going the way of the Whigs. They could save themselves by taking a stand and declaring current laws should be enforced prior to any new legislation being introduced.
"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus
Just say NO to Illegal Alien Amnesty!! Keep calling!! It’s NOT OVER!!
U.S. Senate switchboard: (202) 224-3121
U.S. House switchboard: (202) 225-3121
White House comments: (202) 456-1111
Find your House Rep.: http://www.house.gov/writerep
Find your US Senators: http://www.senate.gov/general/contact_information/senators_cfm.cfm
Toll free to the US Senate:
1-800-882-2005. (Spanish number)
1-800-417-7666. (English number)
Courtesy of a pro-amnesty group, no less!!
"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus
>>It will STILL be amnesty. These amendments don’t change the core of what is a bad bill. The changes contemplated don’t ELIMINATE amnesty and put the emphasis on enforcement and securing the borders. The turkey needs to be chucked since there’s no time to really write good legislation... they want to get this wrapped up before July 4th.<<
True. The only good thing that could result from this amendment is that it will be voted down, which will show again that the Senate will not tolerate changes which inconvenience illegals in any way.
If the amendment does pass, it’s lipstick on a pig, which apparently some senators are too dumb or corrupt to care about.
How about this? How about they just go back, touch down and STAY THERE?
If there’s no wall or fence on the border, no overhaul of the immigration system to speed up processing and begin immediate mass deportations (even of a few thousand at a time), and no defunding of “sanctuary cities” to bring them back into the fold...none of the rest of it matters.
}:-)4
>>So why do they insist on holding enforcement hostage to amnesty?<<
They may be starting to talk about budging a little on this:
“The bill has been criticized for allowing probationary status to be granted to z-visa applicants 24 hours after they file an application, even if the alien has not yet passed all appropriate background checks. The Graham-Kyl-Martinez amendment addresses those concerns.
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Ensures probationary status will only be granted after passing all appropriate background checks regardless of how long it takes for DHS to complete them.”
The claim is that, assuming that DHS would be willing and able to do meaningful and complete background checks (which I doubt) illegals would not get “instant legalization.”
I frankly don’t trust senators not to write loopholes, and don’t trust DHS either.
One other interesting detail is that this amendment supposedly requires:
“Establishes and deploys a biometric tracking system that records the entry and exit of all temporary workers and visiting family members to ensure we have a record of who overstayed a visa.”
WHEN?
This is one of Sessions’s pet peeves about the bill.
That's no enforcement.
They should be kicked out IMMEDIATELY.
It's a farce.
The really irritating part of all this is how these senators think we are stupid enough to buy this crap.
Stupid is as stupid does!
I would expect this from the socialist party but from some who have a big (R) after their name?
Kick the stupids out of this party!
I’ve been trying to read the amendment(s) but not being a lawyer it’s tough going. I’m wondering if you’ve come across anything about funding this. In the original bill- after many of the provisions there was a disclaimer that said (something like) subject to funding....
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ILLEGAL IMMIGRATION VOTE & UPDATE
We have approximately 36 hours until the do or die second cloture vote on Thursday. That is the last chance we have to the kill the bill in the Senate.
1. Cloture motion passed 64-35. Senators Alexander and Corker kept their word and voted NO! (Full vote below).
2. The Senate has released the text of the “clay pigeon**” (See Division list below). On Wednesday the Senate convenes at 10:00 am. They will immediately begin consideration of the bill, which will be divided into 27 divisions and expect votes on divisions of Reid amendment #1934 to occur throughout the day. This procedure (called the “clay pigeon”) has only been used 2 times in the history of the Senate. It intent is to limit consideration to only the hand-picked amendments approved by Reid, McConnell, the White House, and the “Masters of the Universe.”
3. Senator Jim DeMint (R-SC) just required the entire bill – all 373 pages -- (S. 1639) be read on the Senate floor (this is great! It forces Reid to take up time).
4. 2nd cloture motion will take place Thursday
ACTIONS:
* Calls to Senators and the White House; also calls into the Senate Campaign Headquarters (Chairman Sen. John Ensign voted YES on cloture today—inexcusable! We have heard they are losing hundreds of donors today—let them know if one is you!)
o Capitol Switchboard: 202-224-1213
o National Republican Senatorial Committee: 202-675-6000
o White House Comment Line: 202-456-1111
* Thank Senators Alexander and Corker for voting NO and tell them we are depending on them to vote NO again on Thursday.
U.S. Senate Roll Call Votes 110th Congress - 1st Session as compiled through Senate LIS by the Senate Bill Clerk under the direction of the Secretary of the Senatep Vote Summary Question: On the Cloture Motion (Motion to Invoke Cloture on the Motion to Proceed to Consider S.1639 ) Vote Number: 228 Vote Date: June 26, 2007, 12:16 PM Required For Majority: 3/5 Vote Result: Cloture Motion Agreed to
Measure Number: S. 1639
Measure Title: A bill to provide for comprehensive immigration reform and for other purposes. Vote Counts: YEAs 64
NAYs 35
Not Voting 1
Grouped By Vote Position YEAs ---64
Akaka (D-HI)
Bennett (R-UT)
Biden (D-DE)
Bingaman (D-NM)
Bond (R-MO)
Boxer (D-CA)
Brown (D-OH)
Brownback (R-KS)
Burr (R-NC)
Cantwell (D-WA)
Cardin (D-MD)
Carper (D-DE)
Casey (D-PA)
Clinton (D-NY)
Coleman (R-MN)
Collins (R-ME) Conrad (D-ND)
Craig (R-ID)
Dodd (D-CT)
Domenici (R-NM)
Durbin (D-IL)
Ensign (R-NV)
Feingold (D-WI)
Feinstein (D-CA)
Graham (R-SC)
Gregg (R-NH)
Hagel (R-NE)
Harkin (D-IA)
Inouye (D-HI)
Kennedy (D-MA)
Kerry (D-MA)
Klobuchar (D-MN)
Kohl (D-WI)
Kyl (R-AZ)
Lautenberg (D-NJ)
Leahy (D-VT)
Levin (D-MI)
Lieberman (ID-CT)
Lincoln (D-AR)
Lott (R-MS)
Lugar (R-IN)
Martinez (R-FL)
McCain (R-AZ)
McConnell (R-KY)
Menendez (D-NJ)
Mikulski (D-MD)
Murkowski (R-AK)
Murray (D-WA)
Nelson (D-FL)
Nelson (D-NE)
Obama (D-IL)
Pryor (D-AR)
Reed (D-RI)
Reid (D-NV)
Salazar (D-CO)
Schumer (D-NY)
Snowe (R-ME)
Specter (R-PA)
Stevens (R-AK)
Voinovich (R-OH)
Warner (R-VA)
Webb (D-VA)
Whitehouse (D-RI)
Wyden (D-OR)
NAYs ---35
Alexander (R-TN)
Allard (R-CO)
Barrasso (R-WY)
Baucus (D-MT)
Bayh (D-IN)
Bunning (R-KY)
Byrd (D-WV)
Chambliss (R-GA)
Coburn (R-OK)
Cochran (R-MS)
Corker (R-TN)
Cornyn (R-TX)
Crapo (R-ID)
DeMint (R-SC)
Dole (R-NC)
Dorgan (D-ND)
Enzi (R-WY)
Grassley (R-IA)
Hatch (R-UT)
Hutchison (R-TX)
Inhofe (R-OK)
Isakson (R-GA)
Landrieu (D-LA)
McCaskill (D-MO)
Roberts (R-KS)
Rockefeller (D-WV)
Sanders (I-VT)
Sessions (R-AL)
Shelby (R-AL)
Smith (R-OR)
Stabenow (D-MI)
Sununu (R-NH)
Tester (D-MT)
Thune (R-SD)
Vitter (R-LA)
Not Voting - 1
DIVISIONS OF REID AMENDMENT #1934
**{Clay Pigeon}**
DIVISION SENATOR TOPIC PAGE #
I Hutchison Early touchback 1-115
II Webb Community ties/2003 cutoff for Z Visas 116-120
III Bond No green cards for Z holders 121
IV Dodd More Green Cards for Parents 122-128
V Republican Side By Side for Dodd 129
VI Menendez Additional Family Points 130
VII Baucus Strike Real ID 131
VIII Grassley Title III Substitute 132-199
IX Domenici Additional Federal Judges 200-205
X Chambliss SS Totalization 206-212
XI Graham Enhanced Enforcement/High Tech Improvements 213-246
XII McCaskill/Durbin Illegal hire penalties/H1B Reforms 247-261
XIII Cantwell High Tech Improvements 262-271
XIV Coleman Sanctuary Cities 272-273
XV Byrd Additional $500 Fee 274-275
XVI Thune No probationary status until triggers met 276
XVII Sanders H-1B Restrictions 277
XVIII Alexander Oath of Allegiance at Naturalization 278-290
XIX Brown Job posting requirement/duration 291-293
XX Levin Religious minorities 294-95
XXI Isakson Preemption 296-297
XXII Schumer Tamper proof SS Card 298-303
XXIII Ensign Social Security Benefits 304-306
XXIV Leahy Refugee Scholars/EB 5 307-309
XV Graham Mandatory Minimums 310-322
XVI Boxer Reduce # Y Visas by # of overstays
XVII Managers Assorted 324-373
Aw come on! This time they REALLY REALLY REALLY REALLY REALLY MEAN IT!
We are used to Dems and Libs having absolutely no sense of honor or justice and lying through their teeth to sell us on their latest “savior” program, but to have the kon-servative RINOs try the same puffery and believe if they just repackage this mess with a new pink “touchback” bow it becomes what they SAY it is rather than what we know it is fills me with contempt and disgust.
One simple question that should be asked of every politician - How exactly is this good for the average American citizen? Details please. Omit the puffery too.
This is a ping list promoting Immigration Enforcement and Congressional Reform.
If you wish to be added or removed from this ping list, please contact me.
There are numerous threads today. So instead of pinging each one which will be frustrating for you, I'm including links so you can view at your leisure.
Hiding The Cost Of Amnesty (George W. Wants To Expand Welfare State Alert)
SENATOR INHOFE CREATES INTERNET PETITION TO HOUSE TO STOP AMNESTY - PLEASE SIGN NOW.
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