Senate GOP Plans to Unveil Tough New Immigration Bills

Talk Gwinnett ^ | 03-05-2008

[Delacon]

Senate Republicans are set to announce Wednesday the hardest-hitting package of immigration enforcement measures seen yet -- one that would require jail time for illegal immigrants caught crossing the border, make it harder for them to open bank accounts and compel them to communicate in English when dealing with federal agencies.

Most of the bills stand little chance of being debated in the Democrat-controlled Congress, but the move by some of the Senate's leading Republicans underscores how potent the issue of immigration remains, particularly during a presidential election year.

The bills give Republicans a way to put pressure on the Democratic and Republican presidential candidates to take a tougher stance on immigration. They also reflect a shift toward harsher immigration rhetoric and legislative proposals from both parties since Congress failed to pass a comprehensive overhaul in 2007.

The package, an enforcement smorgasbord assembled by at least eight lawmakers, consists of 11 bills, but could expand to include as many as 14. Some elements echo House bills, but others go beyond House proposals.

One would discourage states from issuing driver's licenses to illegal immigrants by docking 10 percent of highway funding from states that continue to do so. Another would extend the presence of National Guard on the border and a third would end language assistance at federal agencies and the voting booth for people with limited English ability.

A bill by Sen. Jeff Sessions, R-Ala., who is leading the effort, would impose a maximum two-year jail sentence on someone caught crossing the border for a second time.

"The point is to reinforce the idea that most of us here feel that we need to make enforcement and border security a first step to solving the overall problem," said Sen. David Vitter, R-La., one of the sponsors.

Although Congress usually avoids tough legislation during an election year, Vitter insisted that he and his colleagues could still get something done. "There are concrete steps we can take. None of us see any reason to waste this time," he said.

Other bills in the package would:

• Block federal funding from cities that bar their police from asking about immigration status.
• Give the Department of Homeland Security the authority to use information from the Social Security Administration to target illegal immigrants.
• Require construction of 700 miles of fencing along the Southern border, not including vehicle barriers.
• Impose sanctions on countries that refuse to repatriate their citizens.
• Deport any immigrant, legal or illegal, for one drunken-driving conviction.
• Enable local and state police to enforce federal immigration laws

Jim Manley, a spokesman for Senate Majority Leader Harry Reid, D-Nev., said the Republican proposal "falls far short of what is needed." Democrats want to combine enforcement with a guest-worker program and a way to deal with the estimated 12 million illegal immigrants. Reid "continues to support legislation that is tough on people who break the law, fair to taxpayers and practical to implement," Manley said.

But Democrats also have begun embracing a tougher stance on immigration as well. A confidential study assembled for the Democratic leadership earlier this year urged them to start using tougher language. Democrats have focused on offering opportunity to immigrants, but the study by two think tanks urged them to begin speaking in terms of "requiring" illegal immigrants to become legal and about what's best for the United States.

Many House Democrats have gone a step further, endorsing an enforcement-only bill by freshman Democratic Rep. Heath Shuler of North Carolina that would bolster border security and require employers to verify their workers' legal status with an electronic verification system.

The SAVE Act has drawn 140 co-sponsors, 48 of whom are Democrats, many of them vulnerable freshman who won seats from Republicans.

The Democratic leadership dislikes Shuler's bill and has refused to schedule a debate. Republican leaders are considering collecting signatures for a special petition that requires House leaders to bring a bill up for debate if 218 members sign. There are 198 Republicans.

Angela Kelley, director of the Immigration Policy Center, said Senate Republicans might be trying to match their House colleagues. "They might feel they're being upstaged by House Republicans," she said. But she also suggested the Senate bills could provide political protection to Sen. John McCain, R-Ariz., the likely GOP presidential nominee.

Conservatives consider Republican front-runner McCain soft on immigration. McCain, along with the Democratic presidential candidates Sen. Hillary Rodham Clinton of New York and Sen. Barack Obama of Illinois, has backed giving illegal immigrants some form of legal status, which conservatives consider "amnesty."

If McCain endorsed the Senate package, that could "create a platform for McCain to look tough on immigration, create distance from Ted Kennedy and erect a shield around the amnesty charge," Kelley said.

Besides Sessions and Vitter, the bills are being introduced by GOP Sens. Lamar Alexander of Tennessee, John Barrasso of Wyoming, Saxby Chambliss of Georgia, Jim DeMint of South Carolina, Elizabeth Dole of North Carolina, Pete V. Domenici of New Mexico, James M. Inhofe of Oklahoma and Arlen Specter of Pennsylvania.

[Delacon]

ping

[jwalsh07]

There is no GOP! However there is a BOP.

[Man50D]

Senate Republicans are set to announce Wednesday the hardest-hitting package of immigration enforcement measures seen yet

These new bills are redundant and a complete waste of time. Congress needs to focus on strictly enforcing existing immigration laws including the one below:

Federal Immigration and Nationality Act

Section 8 USC 1324(a)(1)(A)(iv)(b)(iii) Recruitment and Employment of Illegal Aliens Encouraging and Harboring Illegal Aliens Enforcement RICO —Citizen Recourse Tax Crimes Comment

Section 8 USC 1324(a)(1)(A)(iv)(b)(iii) "Any person who . . . encourages or induces an illegal alien to . . . reside . . . knowing or in reckless disregard of the fact that such . . . residence is . . . in violation of law, shall be punished as provided . . . for each illegal alien in respect to whom such a violation occurs . . . fined under title 18 . . . imprisoned not more than 5 years, or both."

Section 274 felonies under the federal Immigration and Nationality Act, INA 274A(a)(1)(A):

A person (including a group of persons, business, organization, or local government) commits a federal felony when she or he:

· assists an illegal alien s/he should reasonably know is illegally in the U.S. or who lacks employment authorization, by transporting, sheltering, or assisting him or her to obtain employment, or · encourages that illegal alien to remain in the U.S. by referring him or her to an employer or by acting as employer or agent for an employer in any way, or · knowingly assists illegal aliens due to personal convictions. ·

Penalties upon conviction include criminal fines, imprisonment, and forfeiture of vehicles and real property used to commit the crime. Anyone employing or contracting with an illegal alien without verifying his or her work authorization status is guilty of a misdemeanor. Aliens and employers violating immigration laws are subject to arrest, detention, and seizure of their vehicles or property. In addition, individuals or entities who engage in racketeering enterprises that commit (or conspire to commit) immigration-related felonies are subject to private civil suits for treble damages and injunctive relief.

Recruitment and Employment of Illegal Aliens

It is unlawful to hire an alien, to recruit an alien, or to refer an illegal alien for a fee, knowing the illegal alien is unauthorized to work in the United States. It is equally unlawful to continue to employ an illegal alien knowing that the illegal alien is unauthorized to work.

It is unlawful to hire any individual for employment in the United States without complying with employment eligibility verification requirements. Requirements include examination of identity documents and completion of Form I-9 for every employee hired. Employers must retain all I-9s, and, with three days' advance notice, the forms must be made available for inspection. Employment includes any service or labor performed for any type of remuneration within the United States, with the exception of sporadic domestic service by an individual in a private home. "Day laborers" or other casual workers engaged in any compensated activity (with the above exception) are employees for purposes of immigration law. An employer includes an agent or anyone acting directly or indirectly in the interest of the employer. For purposes of verification of authorization to work, employer also means an independent contractor, or a contractor other than the person using the illegal alien labor.

The use of temporary or short-term contracts cannot be used to circumvent the employment authorization verification requirements. If employment is to be for less than the usual three days allowed for completing the I-9 Form requirement, the form must be completed immediately at the time of hire.

An employer has constructive knowledge that an employee is an illegal unauthorized worker if a reasonable person would infer it from the facts. Constructive knowledge constituting a violation of federal law has been found where (1) the I-9 employment eligibility form has not been properly completed, including supporting documentation, (2) the employer has learned from other individuals, media reports, or any source of information available to the employer that the alien is unauthorized to work, or (3) the employer acts with reckless disregard for the legal consequences of permitting a third party to provide or introduce an illegal alien into the employer's work force. Knowledge cannot be inferred solely on the basis of an individual's accent or foreign appearance.

Actual specific knowledge is not required. For example, a newspaper article stating that ballrooms depend on an illegal alien work force of dance hostesses was held by the courts to be a reasonable ground for suspicion that unlawful conduct had occurred.

It is illegal for nonprofit or religious organizations to knowingly assist an employer to violate employment sanctions, regardless of claims that their convictions require them to assist illegal aliens. Harboring or aiding illegal aliens is not protected by the First Amendment. It is a felony to establish a commercial enterprise for the purpose of evading any provision of federal immigration law. Violators may be fined or imprisoned for up to five years.

Encouraging and Harboring Illegal Aliens

It is a violation of law for any person to conceal, harbor, or shield from detection in any place, including any building or means of transportation, any illegal alien who is in the United States in violation of law. Harboring means any conduct that tends to substantially facilitate an alien to remain in the U.S. illegally. The sheltering need not be clandestine, and harboring covers aliens arrested outdoors, as well as in a building. This provision includes harboring an alien who entered the U.S. legally but has since lost his legal status.

An employer can be convicted of the felony of harboring illegal aliens who are his employees if he takes actions in reckless disregard of their illegal status, such as ordering them to obtain false documents, altering records, obstructing INS inspections, or taking other actions that facilitate the alien's illegal employment. Any person who within any 12-month period hires ten or more individuals with actual knowledge that they are illegal aliens or unauthorized workers is guilty of felony harboring. It is also a felony to encourage or induce an alien to come to or reside in the U.S. knowing or recklessly disregarding the fact that the alien's entry or residence is in violation of the law. This crime applies to any person, rather than just employers of illegal aliens. Courts have ruled that "encouraging" includes counseling illegal aliens to continue working in the U.S. or assisting them to complete applications with false statements or obvious errors. The fact that the alien is a refugee fleeing persecution is not a defense to this felony, since U.S. law and the UN Protocol on Refugees both require that a refugee must report to immigration authorities without delay upon entry to the U.S.

The penalty for felony harboring is a fine and imprisonment for up to five years. The penalty for felony alien smuggling is a fine and up to ten years' imprisonment. Where the crime causes serious bodily injury or places the life of any person in jeopardy, the penalty is a fine and up to twenty years' imprisonment. If the criminal smuggling or harboring results in the death of any person, the penalty can include life imprisonment. Convictions for aiding, abetting, or conspiracy to commit alien smuggling or harboring, carry the same penalties. Courts can impose consecutive prison sentences for each alien smuggled or harbored. A court may order a convicted smuggler to pay restitution if the illegal alien smuggled qualifies as a victim under the Victim and Witness Protection Act. Conspiracy to commit crimes of sheltering, harboring, or employing illegal aliens is a separate federal offense punishable by a fine of up to $10,000 or five years' imprisonment.

Enforcement

A person or entity having knowledge of a violation or potential violation of employer sanctions provisions may submit a signed written complaint to the INS office with jurisdiction over the business or residence of the potential violator, whether an employer, employee, or agent. The complaint must include the names and addresses of both the complainant and the violator, and detailed factual allegations, including date, time, and place of the potential violation, and the specific conduct alleged to be a violation of employer sanctions. By regulation, the INS will only investigate third-party complaints that have a reasonable probability of validity. Designated INS officers and employees, and all other officers whose duty it is to enforce criminal laws, may make an arrest for violation of smuggling or harboring illegal aliens.

State and local law enforcement officials have the general power to investigate and arrest violators of federal immigration statutes without prior INS knowledge or approval, as long as they are authorized to do so by state law. There is no extant federal limitation on this authority. The 1996 immigration control legislation passed by Congress was intended to encourage states and local agencies to participate in the process of enforcing federal immigration laws. Immigration officers and local law enforcement officers may detain an individual for a brief warrantless interrogation where circumstances create a reasonable suspicion that the individual is illegally present in the U.S. Specific facts constituting a reasonable suspicion include evasive, nervous, or erratic behavior; dress or speech indicating foreign citizenship; and presence in an area known to contain a concentration of illegal aliens. Hispanic appearance alone is not sufficient. Immigration officers and police must have a valid warrant or valid employer's consent to enter workplaces or residences. Any vehicle used to transport or harbor illegal aliens, or used as a substantial part of an activity that encourages illegal aliens to come to or reside in the U.S. may be seized by an immigration officer and is subject to forfeiture. The forfeiture power covers any conveyances used within the U.S.

RICO —Citizen Recourse

Private persons and entities may initiate civil suits to obtain injunctions and treble damages against enterprises that conspire to or actually violate federal alien smuggling, harboring, or document fraud statutes, under the Racketeer-Influenced and Corrupt Organizations (RICO). The pattern of racketeering activity is defined as commission of two or more of the listed crimes. A RICO enterprise can be any individual legal entity, or a group of individuals who are not a legal entity but are associated in fact, and can include nonprofit associations.

Tax Crimes

Employers who aid or abet the preparation of false tax returns by failing to pay income or Social Security taxes for illegal alien employees, or who knowingly make payments using false names or Social Security numbers, are subject to IRS criminal and civil sanctions. U.S. nationals who have suffered intentional discrimination because of citizenship or national origin by an employer with more than three employees may file a complaint within 180 days of the discriminatory act with the Special Counsel for Immigration-Related Unfair Employment Practices, U.S. Department of Justice. In addition to the federal statutes summarized, state laws and local ordinances controlling fair labor practices, workers compensation, zoning, safe housing and rental property, nuisance, licensing, street vending, and solicitations by contractors may also apply to activities that involve illegal aliens.

Comment:

A comment and a published quote by Robert Gaffney, Attorney and County Executive of Suffolk County, LI, NY:

The statutory foundation of United States immigration law has always been the jurisdiction of the federal government, Congress and the federal courts. The preeminent laws concerning the employment of illegal aliens are found in the Immigration and Nationality Act (8 U.S.C. §~ 1101-1503), as amended by the Immigration Reform and Control Act of 1986 CIRCA).

The law states it is a crime to assist an illegal alien who lacks employment authorization by referring him to an employer, or by acting as his or her employer, or as an agent for an employer. 8 U.S.C.S. § 1324a(a)(1)(A) (Lexis 1997). Furthermore, it is unlawful to hire an individual for employment without complying with the employment eligibility requirements for every person hired. 8 U.S.C.S. § 1324a(a)(l)(B) (Lexis 1997). Moreover, conduct tending substantially to facilitate illegal aliens remaining in the United States illegally, where there is knowledge or a reckless disregard of an illegal alien s unlawful status, is a crime, with escalating penalties, encompassed within the provisions of 1324. 8 U.S.C.S. § 1324(a)(l)(A)(iii) (Lexis 1997); United States v. Kim. 193 F-3d 567 (2d Cir. 1999), are considered employees for purposes of immigration law.

[Natchez Hawk]

And President Bush/McCain/Clinton/Obama is going to sign this?

Question answers itself doesn’t it.

[Sybeck1]

03-05-2008

That’s a lifetime ago it seems.

[Bob J]

“one that would require jail time for illegal immigrants caught crossing the border”

Now we’re getting somewhere.

[Delacon]

Man, what do think about the dust up that happened 2 weeks ago when one of Chertof’s assistants said that it isn’t federally illegal for an “undocumented” worker to be here? Yes, its illegal to cross our borders without going through the process but that actually being here without proper documentation isn’t. Thats a big hole in the existing laws that this push may help rectify.

[pnh102]

This is pointless. Until we have a President who enforces existing law, what’s the point of new law?

[NormsRevenge]

A bill by Sen. Jeff Sessions, R-Ala., who is leading the effort,
—

It is a sad day when John McCain is the anti- in the stew when it comes to Congre$$ and immigration reform, be it illegal or otherwise.

Good luck to Sen. Sessions and all those who are at least trying to do the right thing for the country.

anything less, frankly, is anti-American,, we are the United States of America, not the Confederation of the North Americas

[tobyhill]

Election year pandering. The GOP is doomed for at least another 4 years. The GOP’s only hope is to hang on to just enough Senate seats to prevent anything from getting through just like the Rats did.

[tflabo]

Why didn’t these GOP Senate lugnuts draw up this bill when they had the majority? Unless we clean house getting rid of RINO’s the GOP will not get my confidence and definitely not my $$. Just more pee in the wind from these blusterheads.

[Convert from ECUSA]

McCain, Reid, Teddy, Graham, etc. will ensure these bills die. I’ll be shocked if these bills pass the Senate. If they do pass, ten to one the White House vetos them.

[ConservaTexan]

Senate Republicans are set to announce Wednesday the hardest-hitting package of immigration enforcement measures seen yet -- one that would require jail time for illegal immigrants caught crossing the border, make it harder for them to open bank accounts and compel them to communicate in English when dealing with federal agencies.

John McCain signaled how he will vote on this issue by declaring, "¡No comprendo!"

[wastedyears]

Too little too late. It won’t pass

[ExSoldier]

Bookmark

[1rudeboy]

Man, what do think about the dust up that happened 2 weeks ago when one of Chertof[f]’s assistants said that it isn’t federally illegal for an “undocumented” worker to be here?

No. Unless you mean that U.S. Attorney in NJ (or whatever). That would be DOJ, and and Mukasey.

[M. Dodge Thomas]

If there are no employer sanctions in there, it’s just election year grandstanding; tougher enforcement actions against illegal immigrants without tougher enforcement action employers it’s like trying control illicit drug use without without busting dealers.

[SkyDancer]

Well if the old legislation didn’t work, then this will by golly ..... stand by for the firm shaking of finger next ....

[Man50D]

Man, what do think about the dust up that happened 2 weeks ago when one of Chertof’s assistants said that it isn’t federally illegal for an “undocumented” worker to be here? Yes, its illegal to cross our borders without going through the process but that actually being here without proper documentation isn’t. Thats a big hole in the existing laws that this push may help rectify. Thats a big hole in the existing laws that this push may help rectify.

Chertoff is blowing smoke by feigning an excuse not to arrest and deport illegals. There is no hole in the law I posted. It specifically states it is a crime to harbor illegal aliens and refers to the punishment of individuals or organizations who do harbor illegal aliens. By implication illegal can only mean those without documentation. Keep in mind this is only two portions(Section 8 USC 1324(a)(1)(A)(iv)(b)(iii) and Section 274) of the Act.