According to a newsclip on CNN TV tonight, the SPP Agreement between Canada, Mexico and the U.S. will be approved in the Immigration Bill. CNN identified it as Article 14 in the Bill. Below is the original White House Press Release.
We need to 1) Question our Senators and House Representatives on this aspect of the Bill, and 2) Start demanding the Bill be sent through the normal committee review process BEFORE it's voted upon in the Senate. In my opinion, there are some dangerously hidden aspects of this Bill the public will never hear about.
Fact Sheet: Security and Prosperity Partnership of North America
"In a rapidly changing world, we must develop new avenues of cooperation that will make our open societies safer and more secure, our businesses more competitive, and our economies more resilient."
Joint Statement by President Bush, Prime Minister Martin, and President Fox, March 23, 2005
Today, President Bush, Prime Minister Martin of Canada, and President Fox of Mexico announced the Security and Prosperity Partnership of North America (SPP) at Baylor University in Waco, Texas.
Through the SPP, the United States, Canada, and Mexico seek to:
Establish a cooperative approach to advance our common security and prosperity.
Develop a common security strategy to further secure North America, focusing on:
Securing North America from external threats;
Preventing and responding to threats within North America; and
Streamlining the secure and efficient movement of legitimate and low-risk traffic across our shared borders.
Promote economic growth, competitiveness, and quality of life. Through cooperation and information sharing, the SPP will work toward:
Improving productivity;
Reducing the costs of trade; and
Enhancing the joint stewardship of our environment, facilitating agricultural trade while creating a safer and more reliable food supply, and protecting our people from disease.
The SPP is based on the principle that our prosperity is dependent on our security, and recognizes that our three great nations are bound by a shared belief in freedom, economic opportunity, and strong democratic institutions.
At the meeting, President Bush, Prime Minister Martin, and President Fox released Security and Prosperity Agendas to further protect and secure North America from 21st Century threats and to increase economic opportunities for the people of North America while maintaining high standards of health and safety.
Following the meeting, and based on the content of the Security and Prosperity Agendas, each nation will establish ministerial-level Security and Prosperity Partnership working groups. The working groups will:
Consult with stakeholders (in the business sector, state and local governments, and non-governmental organizations) in their respective countries;
Set specific, measurable, and achievable goals and implementation dates;
Identify concrete steps the governments can take to achieve these goals;
Within 90 days (June 2005) report back to the Heads of Government with their initial report; and semi-annual progress reports thereafter.
Areas of Focus and Responsibility
The following U.S. working groups will be established:
Security working groups chaired by Secretary Chertoff and the Department of Homeland Security will address:
External Threats to North America
Streamlined and Secured Shared Borders
Prevention/Response within North America
Prosperity working groups chaired by Secretary Gutierrez and the Department of Commerce will address:
Manufactured Goods
Energy Food and Agriculture
Business Facilitation
E-Commerce and Information and Communications Technologies (ICT)
Transportation
Environment
Financial Services
Rules of Origin
Secretary Rice and the Department of State will work with the Departments of Homeland Security and Commerce to integrate the work of the Security and Prosperity working groups, and ensure that it advances U.S. foreign policy goals and enhances our strong relations with Canada and Mexico.
Relationship to Other Initiatives
The SPP will complement, rather than replace, existing bilateral and trilateral fora and working groups that are performing well. It establishes leader-level priorities for ongoing and new trilateral and bilateral initiatives, giving existing efforts additional momentum, and creating new programs and initiatives where necessary and appropriate.
The SPP will enhance and strengthen our ongoing security efforts, such as the Smart Border Accord, the Border Partnership Action Plan, and the Free and Secure Trade (FAST) Initiative.
The SPP builds upon, but is separate from, our long-standing trade and economic relationships, and it energizes other aspects of our cooperative relations, such as the protection of our environment, our food supply, and our public health. The issues of immigration and trade disputes will be dealt with outside the SPP thru existing treaties and congressional action.
I do believe they're trying to push this thing through with the public actually knowing the details and this is part of the 'hidden' agenda. I think we should change our demands to "put it through the regular process of committee review and inform the public" before they move forward. Not that it will do anygood, but if enough people raise this question, it might help.
Why the H would they put THIS in an immigration reform bill anyway?
The above link gives an idea what is, will, happen in Texas.
The NAFTA Superhighway scheduled to start next year will use eminent domain (wonder if the Supreme Court had this in mind when they revised eminent domain) to grab 4000 miles of land starting at Laredo, thru Dallas Texas and ending at the Canadian border.
As I write this there a Chinese company, Hutchison Whampoa, that has joined with Wal-Mart to spend $300 million to expand Mexico's port of Lazaro Candefias to increase capacity from 100,000 containers to 2 million. Not sure how many Mexican trucks that will mean
whizzing thru Texas each day.
If 2 million containers are landing in Mexico, what happens to the ports of Long Beach and San Pedro and the trucks and truckers.
Are the politicians giving away the country? Get involved, call, write, fax you reps.
That is like saying we should allow Fox to be the head of our DHS (so that the corruption can continue).
"We do need to play by the rules. The people affilitated with NCLR, etc. will let emotions get the best of them and will put their feet into their own mouths by their actions. Just look at the demonstrations and the way the people act. What we need to do is outsmart all of them. We have the brainpower. We need to operate as a cohesive, unified, smart group." The Angy Patriot
This country is taken over by people who despise - better yet hate the U.S. Constitution. It doesn't matter if they have a D or R either !!!
Charles T. Neighbors _" There are jobs Americans aren't doing. ... If you've got a chicken factory, a chicken-plucking factory, or whatever you call them, you know what I'm talking about. " Bush muses on marriage, chicken-plucking By DEB RIECHMANN, Associated Press Writer Thu Apr 19, 6:13 PM ET From Website: http://www.freedomsphoenix.com/Find-F... After the above quote was played on Colorado's Radio Station KHOW 630 AM dial by host Peter Boyle's - Boyle's quipped back " Somewhere in Texas, there is a village that has lost an idiot !! "
It seems sense this homeland security area got started, everything they write or do tries to make it bigger and bigger and give it more credibility. Its loosing credibility in my eyes.
This whole bill is like a pork barrel package. It has something for all the good one worlders. I makes lots of promises to try to bribe even the real conservatives. But it still goes to say, they havent kept any of their promises they made after the last amnesty and theres no reason to think their abilities, or will, will suddenly change.
The amendments reserved for future use in S.1348 just about outnumber the amendments passed. Curious to see what they use them for.
"A long habit of not thinking a thing wrong, gives it a superficial appearance of being right, and raises at first a formidable outcry in defense of custom." Thomas Paine
bugsygirl posts: "It seems since this homeland security area got started, everything they write or do tries to make it bigger and bigger and give it more credibility. Its losing credibility in my eyes."
You got that right. There was a reason Dems went along with TSA and Homeland Security. That reason is more bureaucracy and more government employees (with union memberships, no doubt). Fugettabout streamlining agencies, eliminating duplications, increasing efficiency. Think Post Office or IRS.
It sure sounded like a good idea at the time. :(
"There is only one difference between a bad economist and a good one: The bad economist confines himself to the visible effect; the good economist takes into account both the effect that can be seen and those effects that must be foreseen." -- Frederic Bastiat (1801-1850) "In general, Democrats are the only real reason to vote for Republicans." -- Thomas Sowell FeedFwd: a born again coonass trapped in Austin, TX, USA
WASHINGTON – U.S. Sen. Jeff Sessions (R-AL) released a list of 20 loopholes in the comprehensive immigration bill today which reveals that the bill is fatally flawed and will not establish a functioning immigration system in the future.
The list of loopholes includes flaws effecting border security, chain-migration and assimilation policies. The list exposes the lack of serious attention given to ensuring that the legislation fixes America’s failed immigration system.
“I am deeply concerned about the numerous loopholes we have found in this legislation. They are more than technical errors, but rather symptoms of a fundamentally flawed piece of legislation that stands no chance of actually fixing our broken immigration system,” Sessions said. “Many of the loopholes are indicative of a desire not to have the system work.”
For example, one loophole in the “enforcement trigger” fails to require the U.S. VISIT system – the biometric border check-in/check-out system established by Congress in 1996, but never implemented – to be fully functioning before new worker or amnesty programs begin. Without the system in place, the U.S. has no method of ensuring that workers and their families do not overstay their visas.
Another flaw in the legislation prevents the benefits of merit-based immigration from taking full effect until 2016. Until then, chain migration into the U.S. will actually triple, compared to a disproportionately low increase in skill-based immigration. As a result, the merit-based system in the bill is only a shell of what it should have been.
A third loophole in the bill allows immigrants to avoid demonstrating a proficiency in English for more than a decade. Illegal aliens are not required to learn English to receive full “probationary benefits” of citizenship. Passing a basic English test is only required for the third Z-visa renewal, twelve years after amnesty is granted.
Sessions will highlight many of the loopholes contained in the list this week during Senate debate on the immigration bill.
A full list of the 20 loopholes is attached.
20 Loopholes in the Senate Immigration Bill
Loophole 1 – Legal Status Before Enforcement:
Amnesty benefits do not wait for the “enforcement trigger.” After filing an application and waiting 24 hours, illegal aliens will receive full “probationary benefits,” complete with the ability to legally live and work in the U.S., travel outside of the U.S. and return, and their own social security card. Astonishingly, if the trigger is never met and amnesty applications are therefore never “approved,” the probationary benefits granted to the illegal alien population never expire, and the new social security cards issued to the illegal alien population are not revoked. [See pp. 1, 290-291, & 315].
Loophole 2 – U.S. VISIT Exit Not In Trigger:
The “enforcement trigger,” required to be met before the new temporary worker program begins, does not require that the exit portion of U.S. VISIT system – the biometric border check-in/check-out system first required by Congress in 1996 that is already well past its already postponed 2005 implementation due date – to be in place before new worker or amnesty programs begin. Without the U.S. VISIT exit portion, the U.S. has no method to ensure that workers (or their visiting families) do not overstay their visas. Our current illegal population contains 4 to 5.5 million visa overstays, therefore, we know that the U.S. VISIT exit component is key to a successful new temporary worker program. [See pp. 1-2].
Loophole 3 – Trigger Requires No More Agents, Beds, or Fencing Than Current Law:
The “enforcement trigger” does not require the Department of Homeland Security to have detention space sufficient to end “catch and release” at the border and in the interior. Even after the adoption of amendment 1172, the trigger merely requires the addition of 4,000 detention beds, bringing DHS to a 31,500 bed capacity. This is far short of the 43,000 beds required under current law to be in place by the end of 2007, or the additional 20,000 beds required later in the bill. Additionally, the bill establishes a “catch, pay, and release” program. This policy will benefit illegal aliens from countries other than Mexico that are caught at the border, then can post a $5,000 bond, be released and never show up for deportation hearings. Annual failure to appear rates for 2005 and 2006, caused in part by lack of detention space, doubled the 2004 rate (106,000 – 110,000 compared with 54,000). Claims that the bill “expands fencing” are inaccurate. The bill only requires 370 miles of fencing to be completed, while current law already mandates that more than 700 miles be constructed [See pp. 1-2, & 10-11, and EOIR’s FY2006 Statistical Yearbook, p. H2, and The Secure Fence Act of 2004].
Loophole 4 -- Three Additional Years Worth of Illegal Aliens Granted Status, Treated Preferentially To Legal Filers:
Aliens who broke into the country illegally a mere 5 months ago, are treated better than foreign nationals who legally applied to come to the U.S. more than two years ago. Aliens who can prove they were illegally in the U.S. on January 1, 2007, are immediately eligible to apply from inside the U.S. for amnesty benefits, while foreign nationals that filed applications to come to the U.S. after May 1, 2005 must start the application process over again from their home countries. Last year’s bill required illegal aliens to have been here before January 7, 2004 to qualify for permanent legal status. [See pp. 263, 282, & 306].
Loophole 5 – Completion of Background Checks Not Required For Probationary Legal Status:
Legal status must be granted to illegal aliens 24 hours after they file an application, even if the aliens have not yet “passed all appropriate background checks.” (Last year’s bill gave DHS 90 days to check an alien’s background before any status was granted). No legal status should be given to any illegal alien until all appropriate background checks are complete. [See pp. 290].
Loophole 6 – Some Child Molesters Are Still Eligible:
Some aggravated felons – those who have sexually abused a minor – are eligible for amnesty. A child molester who committed the crime before the bill is enacted is not barred from getting amnesty if their conviction document omitted the age of the victim. The bill corrects this loophole for future child molesters, but does not close the loophole for current or past convictions. [See p. 47: 30-33, & p. 48: 1-2]
Loophole 7 – Terrorism Connections Allowed, Good Moral Character Not Required:
Illegal aliens with terrorism connections are not barred from getting amnesty. An illegal alien seeking most immigration benefits must show “good moral character.” Last year’s bill specifically barred aliens with terrorism connections from having “good moral character” and being eligible for amnesty. This year’s bill does neither. Additionally, bill drafters ignored the Administration’s request that changes be made to the asylum, cancellation of removal, and withholding of removal statutes in order to prevent aliens with terrorist connections from receiving relief. [Compare §204 in S. 2611 from the 109th Congress with missing §204 on p. 48 of S.A. 1150, & see missing subsection (5) on p. 287 of S.A. 1150].
Loophole 8 – Gang Members Are Eligible:
Instead of ensuring that members of violent gangs such as MS 13 are deported after coming out of the shadows to apply for amnesty, the bill will allow violent gang members to get amnesty as long as they “renounce” their gang membership on their application. [See p. 289: 34-36].
Loophole 9 – Absconders Are Eligible:
Aliens who have already had their day in court – those subject to final orders of removal, voluntary departure orders, or reinstatement of their final orders of removal – are eligible for amnesty under the bill. The same is true for aliens who have made a false claim to citizenship or engaged in document fraud. More than 636,000 alien fugitives could be covered by this loophole. [See p. 285:19-22 which waives the following inadmissibility grounds: failure to attend a removal proceeding; final orders of removal for alien smuggling; aliens unlawfully present after previous immigration violations or deportation orders; and aliens previously removed. This appears to conflict with language on p. 283:40-41. When a direct conflict appears in a statute, the statue is interpreted by the courts to the benefit of the alien.].
Loophole 10 – Learning English Not Required For A Decade:
Illegal aliens are not required to demonstrate any proficiency in English for more than a decade after they are granted amnesty. Learning English is not required for an illegal alien to receive probationary benefits, the first 4-year Z visa, or the second 4-year Z visa. The first Z visa renewal (the second 4-year Z visa) requires only that the alien demonstrate an “attempt” to learn English by being “on a waiting list for English classes.” Passing a basic English test is required only for a second Z visa renewal (the third 4-year Z visa), and even then the alien only has to pass the test “prior to the expiration of the second extension of Z status” (12 years down the road). [See pp. 295-296].
Loophole 11 – Earned Income Tax Credit Will Cost Taxpayers Billions In Just 10 Years:
Current illegal aliens and new guest workers will be eligible for the Earned Income Tax Credit, a refundable tax credit designed to encourage American citizens and legal permanent residents to work. The Congressional Budget Office estimates that this loophole will cost the U.S. taxpayer up to $20 billion dollars in just the first 10 years after the bill’s enactment. To be consistent with the intent of the 1996 welfare reforms – which limited new immigrants from receiving public benefits until they had been legal permanent residents for five years – the bill should withhold EITC eligibility from amnestied aliens until they become legal permanent residents. Closing this loophole will save the taxpayers billions of dollars. [See p. 293 after S.A. 1190 was adopted, p. 307, p. 315, §606. All that is required for EITC eligibility is a social security number and resident alien status. Nothing in the bill’s tax provisions limit EITC eligibility. The issuance of social security numbers to aliens as soon as they apply for amnesty will ensure they are able to qualify for the EITC.]
Loophole 12 – Affidavits From Friends Accepted As Evidence:
Records from day-labor centers, labor unions, and “sworn declarations” from any non-relative (acquaintances, friends, coworkers, etc) are to be accepted as evidence that the illegal alien has satisfied the bill’s amnesty requirements. This low burden of proof will invite fraud and more illegal immigration – even aliens who are not yet in the U.S. will likely meet this burden of proof. DHS will not have the resources to examine whether the claims contained in the “sworn declarations” of the alien’s friends (that the alien was here prior to January 1, 2007 and is currently employed) are actually valid. [See p. 293: 13-16].
Loophole 13 – Taxpayer Funded Legal Counsel and Arbitration:
Free legal counsel and the fees and expenses of arbitrators will be provided to aliens that have been working illegally in agriculture. The U.S. taxpayer will fund the attorneys that help these individuals fill out their amnesty applications. Additionally, if these individuals have a dispute with their employer over whether they were fired for “just cause,” DHS will “pay the fee and expenses of the arbitrator.” [See p. 339:37-41, & p. 332: 37-38.]
Loophole 14 – In-State Tuition and Student Loans:
In-state tuition and other higher education benefits, such as Stafford Loans, will be made available to current illegal aliens that are granted initial “probationary” status, even if the same in-state tuition rates are not offered to all U.S. citizens. This would normally violate current law (8 U.S.C. §1623) which mandates that educational institutions give citizens the same postsecondary education benefits they offer to illegal aliens. [See p. 321: 8-31].
Loophole 15 – Inadequacy of the Merit System:
The “merit system,” designed to shift the U.S. green card distribution system to attract higher skilled workers that benefit the national interest, is only a shell of what it should have been. Though the merit system begins immediately, it will not increase the percentage of high skilled immigrants coming to the United States until 2016, 8 years after enactment. Of the 247,000 green cards dedicated to the merit based system each year for the first 5 years, 100,000 green cards will be reserved for low-skilled guest workers (10,000) and for clearing the current employment based green card backlog (90,000). From 2013 to 2015, the number of merit based green cards drops to 140,000, and of that number, 100,000 green cards are still reserved each year for low-skilled guest workers (10,000) and for clearing the current employment based green card backlog (90,000). Even after 2015, when the merit system really begins (in 2016) by having 380,000 green cards annually, 10,00 green cards will be reserved specifically for low skilled workers, and points will be given for many characteristics that are not considered “high-skilled.” For example, 16 points will be given for aliens in “high demand occupations” which includes janitors, maids, food preparation workers, and groundskeepers. [See p.260: 25 – p. 261: 20, p. 262, & The Department of Labor’s list of “occupations with the largest job growth” available at www.bls.gov/emp/emptab3.htm].
Loophole 16 – Visas For Individuals That Plan To Overstay:
The new “parent” visa contained in the bill which allows parents of citizens, and the spouses and children of new temporary workers, to visit a worker in the United States is not only a misnomer, but also an invitation for high rates of visa overstays. This new visa specifically allows the spouse and children of new temporary workers who intend to abandon their residence in a foreign country, to qualify to come to the U.S. to “visit.” The visa requires only a $1,000 bond, which will be forfeited when, not if, family members of new temporary workers decide to overstay their 30 day visit. Workers should travel to their home countries to visit their families, not the other way around. [See p. 277:1 – 33, and p. 276: 38-43].
Loophole 17 – Chain Migration Tippled Before Being Eliminated:
Though the bill will eventually eliminate chain migration (relatives other than spouses and children of citizens and legal permanent residents), it will not have full effect until 2016. Until then, chain migration into the U.S. will actually triple, from approximately 138,000 chain migrants a year (equal to 14% of the 1 million green cards the U.S. currently distributes on an annual basis) to approximately 440,000 chain migrants a year (equal to 45% of the 1 million green cards the U.S. currently distributes on an annual basis). [See pp. 260:13, p. 270: 29 – pp. 271: 17]
Loophole 18 – Back Taxes Not Required:
Last year’s bill required illegal aliens to prove they had paid three of their last five years of taxes to get amnesty. This year, payment of back taxes is not required for amnesty. The bill requires taxes to be paid at the time of application for a green card, but at that time, only proof of payment of Federal taxes (not state and local) is required for the years the alien worked on a Z visa, not the years the alien has already worked illegally in the United States. Though Senator McCain’s S.A. 1190, adopted by voice vote, claimed to “require undocumented immigrants receiving legal status to pay owed back taxes,” the amendment actually only required proof of payment of taxes for “any year during the period of employment required by subparagraph (D)(i).” Since the bill does not contain a subparagraph (D)(i), nor require any past years of employment as a prerequisite for amnesty, the amendment essentially only requires proof of payment of taxes for future work in the U.S., not payment of “back taxes.” [See p. 307, and p. 293 as altered by S.A. 1190, amendment p. 2: 19-20.]
Loophole 19 – Social Security Credits Allowed For Some Illegal Work Histories:
Aliens who came to the U.S. on legal visas, but overstayed their visas and have been working in the U.S. for years, as well as illegal aliens who apply for Z visa status but do not qualify, will be able to collect social security credits for the years they worked illegally. Under the bill, if an alien was ever issued a social security account number – all work-authorized aliens who originally came on legal visas receive these – the alien will receive Social Security credits for any “quarters of coverage” the alien worked after receiving their social security account number. Because the bill requires social security account numbers to be issued “promptly” to illegal aliens as soon as they are granted “any probationary benefits based upon application [for Z status]” (these benefits are granted 24 hours after the application is filed), an illegal alien who is denied Z visa status but continues to work illegally in the U.S. will accumulate Social Security credits. [See pp. 316:8 – 16, and pp. 315: 32-39]
Loophole 20 – Criminal Fines Not Proportional To Conduct:
The criminal fines an illegal alien is required to pay to receive amnesty are less than the bill’s criminal fines for paperwork violations committed by U.S. citizens, and can be paid by installment. Under the bill, an illegal alien must pay a $1,000 criminal fine to apply for a Z visa, and a $4,000 fine to apply for a green card. Eighty percent of those fines can be paid on an installment plan. Under the bill’s confidentiality provisions, someone who improperly handles or uses information on an alien’s amnesty application can be fined $10,000. Administration officials suggest that the bill’s “criminal fines are proportionate to the criminal conduct.” Why, then, is the fine for illegally entering, using false documents to work, and live one-tenth the fine for a paperwork violation committed by a government official? [See p. 287: 34, p. 317: 9, p. 315:6-8, & remarks made by Secretary Gutierrez on Your World with Neil Cavuto, 4:00 May 31, 2007]
Charles T. Neighbors _" There are jobs Americans aren't doing. ... If you've got a chicken factory, a chicken-plucking factory, or whatever you call them, you know what I'm talking about. " Bush muses on marriage, chicken-plucking By DEB RIECHMANN, Associated Press Writer Thu Apr 19, 6:13 PM ET From Website: http://www.freedomsphoenix.com/Find-F... After the above quote was played on Colorado's Radio Station KHOW 630 AM dial by host Peter Boyle's - Boyle's quipped back " Somewhere in Texas, there is a village that has lost an idiot !! "
I like the way Rep. from Colorado Tom Tancredo stated about SB 1348:
" No matter how much lipstick you put on a pig, it is still a pig ! "
Charles T. Neighbors _" There are jobs Americans aren't doing. ... If you've got a chicken factory, a chicken-plucking factory, or whatever you call them, you know what I'm talking about. " Bush muses on marriage, chicken-plucking By DEB RIECHMANN, Associated Press Writer Thu Apr 19, 6:13 PM ET From Website: http://www.freedomsphoenix.com/Find-F... After the above quote was played on Colorado's Radio Station KHOW 630 AM dial by host Peter Boyle's - Boyle's quipped back " Somewhere in Texas, there is a village that has lost an idiot !! "
According to a newsclip on CNN TV tonight, the SPP Agreement between Canada, Mexico and the U.S. will be approved in the Immigration Bill. CNN identified it as Article 14 in the Bill. Below is the original White House Press Release.
So, where the heck is Article 14 in this monstrosity of a bill???? I found sections, titles, subtitles, and
chapters...no Articles......
Rayj First you're born, you pay taxes, you die. Then your next of kin has to pay more taxes on your funeral! How fair is that?
This is our culture; fight for it. This is our flag; pick it up. This is our country; take it back. Tom Tancredo - 2007 Tom's Military Rules of Engagement: WE WIN!
Winston Churchill - "An appeaser is one who feeds the crocodile hoping it will eat him last."
"Victory will never be found by taking the line of least resistance."
Proud member of the NRA....although I don't even own a pistol or rifle......
The sooner Mecca's ambient temperature is raised to roughly 250,000 degrees fahrenheit, the better.... Insanity: doing the same thing over and over again and expecting different results. Albert Einstein, US (German-born) physicist (1879 - 1955)
After a brief Memorial Day recess, floor votes on the immigration reform bill are expected to begin on Tuesday, June 5. Lawmakers have been urged by President Bush to successfully pass an immigration bill that he can sign before the end of the year.
The trophy bill currently being debated in Congress is S. 1348. Senate Majority Leader Harry Reid (D-NV) introduced this bill, modeled on last year’s Senate-passed immigration measure, to get the Senate debate on immigration started. However, Senator Kennedy has since introduced a substitute amendment to S. 1348 (S. Amdt. 1150) which has been termed as the “grand compromise” on immigration reform as select members of Congress worked closely with the White House and two Cabinet officers to finalize the draft.
With 14 amendments currently pending – and another 15-20 expected in the coming days – there is no clear indication when the legislation will come to a final vote. S. 1348 and Senator Kennedy’s substitute amendment, S. Amdt. 1150, have already been through a round of amendments, some of which failed to exclude guestworker and amnesty provisions from the bill.
One aspect of S. Amdt. 1150 that has been greatly ignored in the immigration debate is the cleverly hidden Section 413. This section of the amendment expresses the sense of Congress that the United States should “accelerate the implementation of the Partnership for Prosperity to help generate economic growth and improve the standard of living in Mexico.”
In part, Section 413 of the legislation reads:
The Partnership for Prosperity is a bilateral initiative launched jointly by the President of the United States and the President of Mexico in 2001, which aims to boost the social and economic standards of Mexican citizens, particularly in regions where economic growth has lagged and emigration has increased.
The Presidents of Mexico and the United States and the Prime Minister of Canada, at their trilateral summit on March 23, 2005, agreed to promote economic growth, competitiveness, and quality of life in the agreement on Security and Prosperity Partnership of North America.
Use the alert below to contact your congressmen and urge them to introduce and/or support an amendment that would remove the Kennedy amendment, including Section 413, from the immigration reform bill. Additionally, ask them to oppose any legislation that would enhance the SPP or the continued development of the North American Union.
Please use the following message as a guideline to contact your congressmen. Your response is editable in order to create an original message by you, the sender. Please take advantage of the editing option to avoid sending a “form letter” which is less effective in influencing your members of Congress.
Charles T. Neighbors _" There are jobs Americans aren't doing. ... If you've got a chicken factory, a chicken-plucking factory, or whatever you call them, you know what I'm talking about. " Bush muses on marriage, chicken-plucking By DEB RIECHMANN, Associated Press Writer Thu Apr 19, 6:13 PM ET From Website: http://www.freedomsphoenix.com/Find-F... After the above quote was played on Colorado's Radio Station KHOW 630 AM dial by host Peter Boyle's - Boyle's quipped back " Somewhere in Texas, there is a village that has lost an idiot !! "
(b) DUTIES OF THE COMMISSION.--The Commission shall--
(1) examine and analyze--
(A) the development and implementation of the programs;
(B) the criteria for the admission of nonimmigrant workers;
(C) the formula for determining the annual numerical limitations of nonimmigrant workers;
(D) the impact of nonimmigrant workers on immigration;
(E) the impact of nonimmigrant workers on the economy, unemployment rate, wages, workforce, and businesses of the United States;
(F) the numerical limits imposed by law on immigrant visas and its effect on the economy, unemployment rate, wages, workforce, and businesses of the United States;
(G) the allocation of immigrant visas through the evaluation system established by Title V of this Act; and
(F) any other matters regarding the programs that the Commission considers appropriate;
(2) not later than 18 months after the date of enactment, and every year thereafter, submit a report to the President and Congress that--
(A) contains the findings of the analysis conducted under paragraph (1);
(B) makes recommendations regarding the necessary adjustments to the programs studied to meet the labor market needs of the United States; and
(C) makes other recommendations regarding the programs, including legislative or administrative action, that the Commission determines to be in the national interest.
(c) INFORMATION AND ASSISTANCE FROM FEDERAL AGENCIES.--
(1) INFORMATION.--The head of any Federal department or agency that receives a request from the Commission for information, including suggestions, estimates, and statistics, as the Commission considers necessary to carry out the provisions of this section, shall furnish such information to the Commission, to the extent allowed by law.
(2) ASSISTANCE.--
(A) GENERAL SERVICES ADMINISTRATION.--The Administrator of General Services shall, on a reimbursable basis, provide the Commission with administrative support and other services for the performance of the Commission's functions.
(B) OTHER FEDERAL AGENCIES.--The departments and agencies of the United States may provide the Commission with such services, funds, facilities, staff, and other support services as the heads of such departments and agencies determine advisable and authorized by law.
(d) PERSONNEL MATTERS.--
(1) STAFF.--
(A) APPOINTMENT AND COMPENSATION.--The Chair, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions.
(B) FEDERAL EMPLOYEES.--
(i) IN GENERAL.--Except as provided under clause (ii), the executive director and any personnel of the Commission who are employees shall be considered to be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of such title.
(ii) COMMISSION MEMBERS.--Clause (i) shall not apply to members of the Commission.
(2) DETAILEES.--Any employee of the Federal Government may be detailed to the Commission without reimbursement from the Commission. Such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption.
(3) CONSULTANT SERVICES.--The Commission may procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of such title 5.
(e) COMPENSATION AND TRAVEL EXPENSES.--
(1) COMPENSATION.--Each voting member of the Commission may be compensated at a rate not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission.
(2) TRAVEL EXPENSES.--Members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, under section 5703(b) of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission.
(f) FUNDING.--Fees and fines deposited into the Temporary Worker Program Account under section 286(w) of the Immigration and Nationality Act, as added by section 402 of [name of the Act], may be used by the Commission to carry out its duties under this section.
SEC. 412. AGENCY REPRESENTATION AND COORDINATION.
Section 274A(e) (8 U.S.C. 1324a(e) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A), by striking the comma at the end and inserting a semicolon;
(B) in subparagraph (B), by striking ``,and'' and inserting a semicolon;
(C) in subparagraph (C), by striking ``paragraph (2).'' and inserting ``paragraph (1); and''; and
(D) by inserting after subparagraph (C) the following:
``(D) United States Immigration and Customs Enforcement officials may not misrepresent to employees or employers that they are a member of any agency or organization that provides domestic violence services, enforces health and safety law, provides health care services, or any other services intended to protect life and safety.''
SEC. 413. BILATERAL EFFORTS WITH MEXICO TO REDUCE MIGRATION PRESSURES AND COSTS.
(a) FINDINGS.--Congress makes the following findings:
(1) Migration from Mexico to the United States is directly linked to the degree of economic opportunity and the standard of living in Mexico.
(2) Mexico comprises a prime source of migration to the United States.
(3) Remittances from Mexican citizens working in the United States reached a record high of nearly $17,000,000,000 in 2004.
(4) Migration patterns may be reduced from Mexico to the United States by addressing the degree of economic opportunity available to Mexican citizens.
(5) Many Mexican assets are held extra-legally and cannot be readily used as collateral for loans.
(6) A majority of Mexican businesses are small or medium size with limited access to financial capital.
(7) These factors constitute a major impediment to broad-based economic growth in Mexico.
(8) Approximately 20 percent of Mexico's population works in agriculture, with the majority of this population working on small farms and few on large commercial enterprises.
(9) The Partnership for Prosperity is a bilateral initiative launched jointly by the President of the United States and the President of Mexico in 2001, which aims to boost the social and economic standards of Mexican citizens, particularly in regions where economic growth has lagged and emigration has increased.
(10) The Presidents of Mexico and the United States and the Prime Minister of Canada, at their trilateral summit on March 23, 2005, agreed to promote economic growth, competitiveness, and quality of life in the agreement on Security and Prosperity Partnership of North America.
(b) SENSE OF CONGRESS REGARDING PARTNERSHIP FOR PROSPERITY.--It is the sense of Congress that the United States and Mexico should accelerate the implementation of the Partnership for Prosperity to help generate economic growth and improve the standard of living in Mexico, which will lead to reduced migration, by--
(1) increasing access for poor and under served populations in Mexico to the financial services sector, including credit unions;
(2) assisting Mexican efforts to formalize its extra-legal sector, including the issuance of formal land titles, to enable Mexican citizens to use their assets to procure capital;
(3) facilitating Mexican efforts to establish an effective rural lending system for small- and medium-sized farmers that will--
(A) provide long term credit to borrowers;
(B) develop a viable network of regional and local intermediary lending institutions; and
(C) extend financing for alternative rural economic activities beyond direct agricultural production;
(4) expanding efforts to reduce the transaction costs of remittance flows in order to increase the pool of savings available to help finance domestic investment in Mexico;
(5) encouraging Mexican corporations to adopt internationally recognized corporate governance practices, including anticorruption and transparency principles;
(6) enhancing Mexican efforts to strengthen governance at all levels, including efforts to improve transparency and accountability, and to eliminate corruption, which is the single biggest obstacle to development;
(7) assisting the Government of Mexico in implementing all provisions of the Inter-American Convention Against Corruption (ratified by Mexico on May 27, 1997) and urging the Government of Mexico to participate fully in the Convention's formal implementation monitoring mechanism;
(8) helping the Government of Mexico to strengthen education and training opportunities throughout the country, with a particular emphasis on improving rural education; and
(9) encouraging the Government of Mexico to create incentives for persons who have migrated to the United States to return to Mexico.
(c) SENSE OF CONGRESS REGARDING BILATERAL PARTNERSHIP ON HEALTH CARE.--It is the sense of Congress that the Government of the United States and the Government of Mexico should enter into a partnership to examine uncompensated and burdensome health care costs incurred by the United States due to legal and illegal immigration, including--
(1) increasing health care access for poor and under served populations in Mexico;
(2) assisting Mexico in increasing its emergency and trauma health care facilities along the border, with emphasis on expanding prenatal care in the United States-Mexico border region;
(3) facilitating the return of stable, incapacitated workers temporarily employed in the United States to Mexico in order to receive extended, long-term care in their home country; and
(4) helping the Government of Mexico to establish a program with the private sector
to cover the health care needs of Mexican nationals temporarily employed in the United States.
SEC. 414. WILLING WORKER-WILLING EMPLOYER ELECTRONIC DATABASE.
(a) ELECTRONIC JOB REGISTRY LINK.--
(1) The Secretary of Labor shall establish a publicly accessible Web page on the internet website of the Department of Labor that provides a single Internet link to each State workforce agency's statewide electronic registry of jobs available throughout the United States to United States workers.
(2) The Secretary of Labor shall promulgate regulations regarding the maintenance of electronic job registry records by the employer for the purpose of audit or investigations.
(3) The Secretary of Labor shall ensure that job opportunities advertised on a State workforce agency statewide electronic job registry established under this section are accessible--
(A) by the State workforce agencies, which may further disseminate job opportunity information to interested parties; and.
(B) through the internet, for access by workers, employers, labor organizations and other interested parties.
(4) The Secretary of Labor may work with private companies and nonprofit organizations in the development and operation of the job registry link and system under paragraph (1).
(b) ELECTRONIC REGISTRY OF CERTIFIED APPLICATIONS.--
(1) The Secretary of Labor shall compile, on a current basis, a registry (by employer and by occupational classification) of the approved labor certification applications filed under this program. Such registry shall include the wage rate, number of workers sought, period of intended employment, and date of need. The Secretary of Labor shall make such registry publicly available through an Internet website.
(2) The Secretary of Labor may consult with the Secretary of Homeland Security, and others as appropriate, in the establishment of the registry described in paragraph (1) to ensure its compatibility with any system designed to track nonimmigrant employment that is operated and maintained by the Secretary of Homeland Security.
(3) The Secretary of Labor shall ensure that job opportunities advertised on the electronic job registry established under this subsection are accessible by the State workforce agencies, which may further disseminate job opportunity information to other interested parties.
SEC. 415. ENUMERATION OF SOCIAL SECURITY NUMBER.
The Secretary of Homeland Security, in coordination with the Commissioner of the Social Security Administration, shall implement a system to allow for the prompt enumeration of a Social Security number after the Secretary of Homeland Security has granted an alien Y nonimmigrant status.
SEC. 416. CONTRACTING.
Nothing in this section shall be construed to limit the authority of the Secretary of Homeland Security or Secretary of Labor to contract with or license United States entities, as provided for in regulation, to implement any provision of this title, either entirely or in part, to the extent that each Secretary in his discretion determines that such implementation is feasible, cost-effective, secure, and in the interest of the United States. However, nothing in this provision shall be construed to alter or amend any of the requirements of OMB Circular A-76 or any other current law governing federal contracting. Any inherently governmental work already performed by employees of the Department of Homeland Security or the Department of Labor, or any inherently governmental work generated by the requirements of this legislation, shall continue to be performed by federal employees, and any current commercial work, or new commercial work generated by the requirements of this legislation, that is subject to public-private competition under OMB Circular A-76 or any other relevant law shall continue to be subject to public-private competition.
SEC. 417. FEDERAL RULEMAKING REQUIREMENTS.
(a) The Secretaries of Labor and Homeland Security shall each issue an interim final rule within six months of the date of enactment of this subtitle to implement this title and the amendments made by this title. Each such interim final rule shall become effective immediately upon publication in the Federal Register. Each such interim final rule shall sunset two years after issuance unless the relevant Secretary issues a final rule within two years of the issuance of the interim final rule.
(b) The exemption provided under subsection (a) shall sunset no later than two years after the date of enactment of this title, provided that, such sunset shall not be construed to impose any requirements on, or affect the validity of, any rule issued or other action taken by either Secretary under such exemption.
Subtitle C--Nonimmigrant Visa Reform
SEC. 418. STUDENT VISAS
(a) In General.--Section 101(a)(15)(F) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)) is amended--
(1) in clause (i)--
(A) by striking ``who is'' and inserting, ``who is--``(I)'';
(B) by striking ``consistent with section 214(l)'' and inserting ``consistent with section 214(m)'';
(C) by striking the comma at the end and inserting the following: ``; or
``(II) engaged in temporary employment for optional practical training for an aggregate period of not more a than 24 months and related to such alien's major area of study, where such alien has been lawfully enrolled on a full time basis as a nonimmigrant under clause (i) or (iv) at a college, university, conservatory, or seminary described in subclause (i)(I) for one full academic year and such employment occurs:
``(aa) during the student's annual vacation and at other times when school is not in session, if the student is currently enrolled, and is eligible for registration and intends to register for the next term or session;
``(bb) while school is in session, provided that practical training does not exceed 20 hours a week while school is in session; or
``(cc) within a 26-month period after completion of all course requirements for the degree (excluding thesis or equivalent);''; and
(D) by striking ``Attorney General'' the two times that phrase appears and inserting ``Secretary of Homeland Security''.
(2) in clause (ii)--
(A) by inserting ``or (iv)'' after ``clause (i)''; and
(B) by striking ``, and'' and inserting a semicolon; and
(3) by adding at the end the following:
``(iv) an alien described in clause (i), except that the alien is not required to have a residence in a foreign country that the alien has no intention of abandoning, who has been accepted at and plans to attend an accredited graduate program in mathematics, engineering, information technology, or the natural sciences in the United States for the purpose of obtaining an advanced degree; and
``(v) an alien who maintains actual residence and place of abode in the alien's country of nationality, who is described in clause (i), except that the alien's actual course of study may involve distance learning program, for which the alien is temporarily visiting the United States for a period not to exceed 30 days;''.
(b) OFF CAMPUS WORK AUTHORIZATION FOR FOREIGN STUDENTS--
(1) IN GENERAL.--An alien admitted as a nonimmigrant student described in section 101(a)(15)(F) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)) may be employed in an off-campus position unrelated to the alien's field of study if--
(A) the alien has enrolled full-time at the educational institution and is maintaining good academic standing;
(B) the employer provides the educational institution and the Secretary of Labor with an attestation that the employer--
(i) has spent at least 21 days recruiting United States workers to fill the position; and
(ii) will pay the alien and other similarly situated workers at a rate equal to not less than the greater of--
(I) the actual wage level for the occupation at the place of employment; or
(II) the prevailing wage level for the occupation in the area of employment; and
(C) the alien will not be employed more than--
(i) 20 hours per week during the academic term; or
(ii) 40 hours per week during vacation periods and between academic terms.
(2) DISQUALIFICATION.--If the Secretary of Labor determines that an employer has provided an attestation under paragraph (1)(B) that is materially false or has failed to pay wages in accordance with the attestation, the employer, after notice and opportunity for hearing, may be disqualified for a period of no more than 5 years from employing an alien student under paragraph (1).
(3) SOCIAL SECURITY.--Any employment engaged in by a student pursuant to paragraph (1) of this subsection shall, for purposes of section 210 of the Social Security Act (42 U.S.C. 410) and section 3121 of the Internal Revenue Code (26 U.S.C. 3121), not be considered to be for a purpose related to section 101(a)(15)(F) of the Immigration and Nationality Act.
(c) CLARIFYING THE IMMIGRANT INTENT PROVISION.--Subsection (b) of section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b)) is amended--
(1) by striking the parenthetical phrase ``(other than nonimmigrant described in subparagraph (L) or (V) of section 101(a)(15), and other than a nonimmigrant described in any provision of section 101(a)(15)(H)(i) except subclause (b1) of such section)'' in the first sentence; and
(2) by striking ``under section 101(a)(15)'' and inserting in its place ``under the immigration laws.''.
(d) GRANTING DUAL INTENT TO CERTAIN NONIMMIGRANT STUDENTS.--Subsection (h) of section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(h)) is amended--
(1) by inserting ``(F)(iv),'' following ``(H)(i)(b) or (c),''; and
(2) by striking ``if the alien had obtained a change of status'' and inserting in its place ``if the alien had been admitted as, provided status as, or obtained a change of status'';
SEC. 419. H-1B STREAMLINING AND SIMPLIFICATION
(a) H-1B AMENDMENTS.--Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended--
(1) in paragraph (1) by deleting clauses (i) through (vii) of subparagraph (A) and inserting in their place--
``(i) 115,000 in fiscal year 2008;
``(ii) in any subsequent fiscal year, subject to clause (iii), the number for the previous
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