Republican Senators have not forgotten about the failed immigration reform of 2006 and they want America to know that they have not forgotten about the importance of real immigration reform. A group of Republican Senators, led by Senator Jeff Sessions, are rolling out 11 bills under the banner “Immigration Enforcement and Assimilation.”

Each bill presents a significant and precise step towards immigration reform. The goals of the immigration and assimilation bills are to secure America’s borders, increase enforcement on employers, and restore law and order to the immigration system. Specifically the provisions call for:

The following information was provided to us by our contacts on Capitol Hill....

Under current law, illegal entry at the border is a misdemeanor on the first offense and a felony thereafter, but no jail time is required by statute or routinely served. The successful implementation of “Operation Streamline” – a zero tolerance prosecution policy now in place in 4 of the 20 Southern border sectors – has shown the significant deterrent effect that imposing jail time can have on illegal entries. In sectors where jail time is routinely imposed, illegal crossings have decreased by as much as 68%. To expedite and multiply Operation Streamline’s success, this bill requires DHS and DOJ to implement the zero tolerance policy in all 20 border sectors by the end of 2009, and creates statutory mandatory minimums for illegal entry, reentry, and destruction of border barriers or infrastructure. Specifically, mandatory minimums include:

ü 10 days for first illegal entry (364 day max)

ü 30 days for second illegal entry (2 years max)

ü 90 days for third and subsequent illegal entries (3 years max)

ü 90 days for reentry after removal or departure (2 years max)

ü 1 year for reentry after removal or departure if convicted of 3 or more misdemeanors or a felony prior to removal or departure (10 years max)

ü 2 years for reentry after removal or departure if convicted a felony prior and served 30 months in prison prior to removal or departure (15 years max)

ü 4 years for reentry after removal or departure if convicted a felony prior and served 60 months in prison prior to removal or departure (20 years max)

ü 4 years for reentry after removal or departure if convicted of 2 or more felonies prior to removal or departure (20 years max)

ü 5 years for reentry after removal or departure if convicted of murder, rape, kidnapping, or a felony related to peonage, slavery, or terrorism (20 years max)

ü 5 years for damaging or destroying border infrastructure or fencing installed by the United States government

On August 10th, DHS issued a new “No-Match” regulation which clarified the responsibilities of employers who receive notice that their employees’ names and Social Security numbers do not match the records at the Social Security Administration. Under the new rule, employers receiving these notices that did not take corrective action could have “constructive knowledge” that they are employing unauthorized aliens. Before the new rule became effective, a California federal judge issued a Temporary Injunction preventing the sending of the revised “no-match” letters with the DHS insert. Proceedings have now been stayed until March 24th, and the Administration is rewriting the rule to address the court’s concerns. This bill will end the legal battle over the new rule by providing clear statutory authority for DHS to use receipt of “no match notices,” followed by an employer’s failure to take advantage of the safe harbor, as evidence that an employer knowingly continued to employ illegal aliens in violation of 8 U.S.C. 1324a.

The worksite enforcement system, which relies on the paper I-9 process is undeniably broken. This bill, which mirrors Title II, Subtitle B of Senator Kyl’s S. 2994(The Immigration Enforcement and Border Security Act of 2007, cosponsored by McCain, Cornyn, Graham, Sessions, Martinez, and Specter), will modernize the system and hold employers accountable. Specifically, the bill establishes a mandatory Electronic Employment Verification System (EEVS) for U.S. employers, requires the termination of individuals whose work eligibility cannot be confirmed by DHS, imposes penalties ranging from $5,000 to $75,000 for knowingly hiring illegal aliens, and provides for the hiring of 5,000 DHS personnel to oversee and enforce the new EEVS. Employers that rely on EEVS will be protected from liability. Additionally, the bill knocks down the information sharing wall between SSA and DHS, require SSA to begin issuing fraud proof social security cards.

Senator DeMint’s bill will require the full 700 miles of fencing required by the Secure Fence Act of 2006 to be completed by the end of 2010. Today, the only deadline in the Act is that the first 370 miles be completed by the end of 2008. Additionally, the bill will clearly state that DHS can not undermine Congress’s intent by counting miles of vehicle barriers / bollards as “vehicle fencing” that counts toward the 700 miles of required southern border pedestrian fencing.** One caveat concerning this bill—the fence is single layer and not double layer as the Secure Fence Act of 2006 stipulates.

Despite a 1996 federal law [the Illegal Immigration Reform and Immigrant Responsibility Act ( IIRIRA )] that requires local governments to cooperate with Department of Homeland Security's Immigration and Customs Enforcement (ICE), many large urban cities (and some small) have adopted so-called "sanctuary policies." The Vitter No COPS funding for Sanctuary cities bill will restrict Community Orientated Policing Services Programs (COPS) funding from being appropriated in any act for cities that participate in “sanctuary policies” whereby law enforcement officials are barred from asking suspects about their immigration status or reporting them to Immigration and Custom Enforcement (ICE).

This bill would close the loophole that allowed the 9/11 hijackers to obtain credit cards from the United States banks that financed their terrorist activities, ensure that illegal immigrants cannot obtain credit cards while in the U.S., and prohibit the Mexican Matricula Consular Card from being accepted by U.S. banks as a valid form of identification. Under the Vitter bill, U.S. banks will be prohibited from opening a new account for an individual without a valid: a) social security card b) passport number and the country of issuance c) an alien identification card number. This bill would also stop banks and financial institutions from allowing those with the Matricula Consular Card to open accounts. The Matricula Consular Card is an identification card issued by the Mexican Government. An estimated million Mexicans living in the United States now carry the card, a large number of those being Mexican nationals illegally residing in the United States. Mexican’s in this country legally have green cards, state drivers licenses, or passports/visa and have no need for the Matrucula Card.

OMB estimates that the U.S. government spends between one and two billion dollars per year on the entitlement to receive federal materials and services in any language. This entitlement stems from an Executive Order issued by President Clinton (E.O. 13166). A number of court cases, including Supreme Court cases, have effectively nullified the Clinton Executive order; however, due to residual ambiguity regarding this issue, the government continues to grant expensive translation entitlements. The National Language Act of 2008 resolves the issue by making English the national language of the U.S., and clarifying that there is no entitlement to receive federal documents and services in languages other than English unless explicitly required by statutory law. The bill is different that Senator Inhofe’s English bill introduced in 2007, but and closely resembles the English amendment he offered on the floor during the comprehensive reform debate.

National Guardsmen and Customs and Border Protection (CBP) have achieved significant successes through Operation Jump Start, the deployment of the National Guard to the border since 2006. The plan benefits both Guardsmen, who receive training through the program, and CBP, which receives support for its border security work. However, Operation Jump Start is being phased out – the 6000 Guardsmen on the Southwest border in the summer of 2007 are planned for elimination by the summer of 2008. The Domenici National Guard Border Bill requires that Operation Jump Start continue with 6,000 Guardsmen on our Southwest border until we have control of the border and also allows Governors to utilize their own Guardsmen on the north and south borders for border control activities.

State and local law enforcement officials, critical force multipliers in the fight against illegal immigration, are underutilized by their federal partners. Avenues to voluntarily provide assistance in enforcing our federal immigration laws during their normal course of duties are limited. To facilitate the formation of effective enforcement partnerships with state and local law enforcement by: clarifying their authority to enforce federal immigration laws during the normal course of duty; expanding the 287(g) program to every state; offering a basic training course for all state and local law enforcement officers; compensating state and local entities for immigration enforcement related expenses; and expanding the National Crime Information Center’s (NCIC) Immigration Violators File to include aliens against whom a final order of removal has been issued, aliens who have signed a voluntary departure agreement, aliens who have overstayed their authorized period of stay; and aliens whose visas have been revoked.

Currently, a number of states are knowingly issuing driver’s licenses to illegal immigrants. Other states that do not have the controls in place to prevent illegal immigrants from obtaining driver’s licenses. Senator Barrasso’s bill will require states to verify an applicant’s social security number with the Social Security Online Verification System (SSOLV) and verify immigration status through the Systematic Alien Verification for Entitlements Program (SAVE). States that are noncompliant will have 10-percent of their highway funding withheld and that withheld money will be redistributed to compliant states.

The Dole bill amends the Immigration and Nationality Act to provide that repeat drunk driving is classified as an aggravated felony without to regard to how such violation is classified under State law, provides that any alien with 1 conviction for drunk driving is ineligible for any visa or admission to the United States, and provides that any alien with 1 conviction for drunk driving is deportable from the United States.

This Dole bill provides for express repeal of President Clinton’s executive order requiring federal agencies to provide assistance to persons of limited English proficiency in their native language, and restricts the use of any funds to enforce an entitlement to government services in a language other than English.

Senator Specter’s bill requires monthly reports to Congress on the countries which refuse or inhibit repatriation of their nationals. Receipt of the report automatically triggers denial of certain foreign aid as well as suspension of visa issuances to the listed countries. The bill puts the burden on the Administration to request an exception and justify it to Congress. It also grants standing to enforce the bill to victims of crimes committed by the non-repatriated criminal aliens. However, it does not permit damages to be awarded.

Grassfire is working with our Hill contacts pushing these measures. Be watching for more information……