• Increase font size
  • Default font size
  • Decrease font size
  • default color
  • green color
  • red color

The Right Conservative News Sites | Right Side News

Tuesday
Feb 09th
U.S. Legislative Immigration Update October 26, 2009 Print E-mail
Written by FAIRUS.org   
Monday, 26 October 2009 17:14
Right Side News Reports from the Federation for American Immigration Reform in this October 26th Legislative Weekly...
  • Including Illegal Aliens in 2010 Raises Serious Constitutional & Voting Rights Issues
  • Investigation Reveals ICE Monitoring Programs are Ineffective Immigrant Detention Alternatives
  • With Unemployment Near Ten Percent, Giffords Seeks Importation of More Cheap Foreign Labor

Including Illegal Aliens in 2010 Raises Serious Constitutional & Voting Rights Issues

Last week's Legislative Update provided details about an amendment filed by Senator David Vitter to the Fiscal Year (FY) 2010 Commerce, Justice, Science (CJS) appropriations bill. (FAIR's Legislative Update, October 19, 2009). The Vitter amendment would require the Census Bureau to ask questions about citizenship and immigration status as part of the 2010 decennial census. (See The Stein Report, October 19, 2009; for more information on how prior censuses have included questions on citizenship see The Stein Report, October 26, 2009).

The Vitter amendment is very important and brings with it serious implications about a variety of issues. For example, Census data will be used to "apportion" Congressional seats to each state. If non-citizens are used for purposes of Congressional apportionment, Senator Vitter's office has said that nine states with lower illegal immigration and lower foreign-born populations would end up losing a seat in the U.S. House of Representatives, while four states would pick those seats up. (CQ Today, October 22, 2009). The implications are that the inclusion of non-citizens for purposes of House apportionment would reduce, or dilute, the political influence of citizens in House elections. FAIR conducted a similar analysis in September 2008 regarding the impact of including non-citizens in the apportionment process. (See FAIR's Report: Who Represents Illegal Aliens?, September 2008).

In addition, because House apportionment also determines the number of Electoral College votes each state has, the inclusion of non-citizens for apportionment purposes could also determine the outcome of America's Presidential elections. For example, when nine House seats are given without regard to citizenship, that necessarily takes away nine seats from other states. Accordingly, this could potentially create a swing of 18 electoral votes in a Presidential election. Such a swing would have been more than enough to change the outcome of several recent elections.

Another area where the Census will matter is with respect to the distribution of federal funds under programs based on population. According to the census bureau, state populations are used to determine how nearly $400 billion is allocated in federal spending every year. If the census does not ask citizenship and immigration questions, states with higher illegal alien populations will get more federal funds at the expense of states with lower illegal alien populations. As a result, a few states will get money they shouldn't, while the vast majority of states will be short-changed out of their fair share. (For a detailed discussion of this issue, listen to FAIR's October 26, 2009 podcast, here).

Also last week, several Members of the House held a press conference to voice their opposition to the Vitter Amendment, including Rep. Nydia Velazquez (D-NY), Rep. Mike Honda (D-CA), Rep. Barbara Lee, (D-CA) and Rep. Joe Baca (D-CA). (CQ Today, October 23, 2009). Velazquez, Honda and Lee are respectively the chairs of the Congressional Hispanic Caucus, the Congressional Asian-Pacific American Caucus and the Congressional Black Caucus. The media failed to point out, however, that each of these members were also from either New York or California, which are two of the states that benefit most from the inclusion of non-citizens, including illegal aliens, in the apportionment process.

In this light, it also becomes apparent why Rep. Joe Baca introduced H.R. 3855, the "Every Person Counts Act," on October 20, 2009. This bill would require including illegal aliens for purposes of the Census. In his press release, Congressman Baca wasn't shy about the fact that he wants illegal aliens to skew Congressional apportionment, Presidential elections and Federal funding in favor of his home state of California. Baca said that census data (1) "determines the allotment of federal funding" and (2) is "absolutely necessary for [determining] Congressional representation and Electoral College figures." (Rep. Baca's Press Release, October 21, 2009).

If you want to help ensure the Vitter amendment is adopted by the Senate, please see FAIR's Action Alert to see what you can do to make a difference.

Investigation Reveals ICE Monitoring Programs are Ineffective Immigrant Detention Alternatives

On Tuesday, October 20, the Houston Chronicle released a report based on records obtained from the Department of Homeland Security's (DHS) Bureau of Immigration and Customs Enforcement (ICE). The report revealed that, during the past five years, nearly 20 percent of suspected illegal aliens who went through ICE's "Intensive Supervision Appearance Program" ("ISAP") failed to appear for their day in immigration court, and that "private contractors that administer ISAP...were 'unable to locate'" these aliens. (Houston Chronicle, October 20, 2009).

When a suspected illegal alien is arrested, ICE officers have the discretion to release that alien (rather than physically detaining the alien) under certain monitoring conditions. The "Alternatives to Detention" ("ATD") Unit was created in Fiscal Year 2002 to manage these released aliens. ATD is tasked with "develop[ing] and implement[ing] programs to improve aliens' compliance with conditions of release, including their attendance at immigration hearings and compliance with final court orders." ATD manages two contract programs: ISAP and the "Enhanced Supervision/Reporting Program" ("ESR"). ISAP has been implemented at 11 sites nationwide, while ESR has been implemented in 27 ICE field and sub- offices. (ICE Fact Sheet - Alternatives to Detention, March 16, 2009).

ISAP is managed by "case specialists" who "closely supervise participating aliens to ensure successful completion of the program, using a variety of effective strategies such as electronic monitoring via radio frequency (RF) and global position satellite (GPS), unannounced home visits, and telephonic reporting requirements." In addition, participating aliens are required "to comply with a variety of activities, including local office visits, employment verification, curfews and travel document information collection." On its website, ICE claims that "[t]he program currently reports a 99 percent total appearance rate at immigration hearings, a 95 percent appearance rate at final removal hearings and a 91 percent compliance rate with removal orders." (Id.).

Last week's Houston Chronicle report, however, has called those numbers into question. According to the Chronicle: "records maintained by private contractors that administer ISAP show they were 'unable to locate' 18 percent of 6,373 illegal immigrants who passed through the program between 2004 and the end of January [2009]." The 99 percent figure put forth by ICE as ISAP's "total appearance rate at immigration hearings" (Id.) has come about because the illegal aliens "who absconded were simply 'terminated' from ISAP and not included in ICE's nearly perfect court attendance rate." Furthermore, the Chronicle noted that the records they obtained showed that the ESR program "suffered from poor data tracking of immigrants who have absconded from the program." (Houston Chronicle).

The findings of the Chronicle investigation are especially troubling in light of the Obama Administration's recent announcement of "New Immigration Detention Reform Initiatives." (See FAIR's Legislative Update, October 13, 2009). One of these new "initiatives" states that ICE is planning "[t]o advance the...use of alternatives to detention (ATD)" by developing "an assessment tool to identify aliens suitable for ATD." Even more worrisome is the assertion that ICE "will submit a plan to Congress this fall to implement an ATD program nationwide." (DHS Press Release, October 6, 2009). Given the findings of the Houston Chronicle investigation, ICE's pursuit of a "nationwide" ATD program could inadvertently, or perhaps intentionally, lead to an increase in the number of illegal aliens who abscond while under ICE supervision and monitoring. This means that more illegal aliens could be able to avoid their day in court and, as a result, also avoid their ultimate deportation.

With Unemployment Near Ten Percent, Giffords Seeks Importation of More Cheap Foreign Labor

FAIR has learned that - with unemployment at its highest rate in more than 25 years - Congresswoman Gabrielle Giffords (D-AZ) is prepared to introduce legislation that would double the number of visas available annually for foreign workers under the H-1B visa program. The H-1B visa program allows employers to bring foreign workers to the United States to work in specialty occupations that require "the theoretical and practical application of a body of specialized knowledge and a bachelor's degree or the equivalent in the specific specialty." (Department of Labor).

Giffords has not yet formally introduced her H-1B legislation, but sources indicate that it will be similar to a bill that Giffords sponsored in the previous Congress. That legislation, entitled "The Innovation

Employment Act," would have:

  • Doubled the H-1B visa cap from its current level of 65,000 a year to 130,000 a year;
  • Increased the H-1B cap to 180,000 in the years 2010 to 2015 if the 130,000 cap was reached in the previous year; and
  • Eliminated the cap - currently at 20,000 - on H-1B visas issued to foreign graduate students attending U.S. colleges and studying science, technology and related fields. (H.R. 5630, March 13, 2008).

In spite of lobbying by big business special interests seeking easier access to cheap foreign labor - including Microsoft (See Computerworld, October 20, 2008) - the Giffords bill was buried in committee and never received any significant consideration. (H.R. 5630 - All Actions).

Giffords' decision to renew her pursuit of a massive increase in the importation of cheap foreign labor amid the current economic recession is curious, to say the least. According to the federal Bureau of Labor Statistics, the nationwide unemployment rate is now at a 26-year high of 9.8 percent. (Reuters, October 2, 2009; Bureau of Labor Statistics, October 2, 2009). Nevertheless, Giffords and others are continuing to seek to utilize the H-1B program to displace American workers with cheap foreign labor.

Last week, in fact, the Shreveport Times in Louisiana reported that the Caddo Parrish School Board had "agreed to pay $1,660 to each Filipino teacher recruited by Universal Placement International to apply for each teacher's H-1B visa." Caddo Parish has hired 43 teachers on H-1B visas "for difficult-to-fill positions." Caddo's agreement to pay $1,660 per teacher has come about as a result of a complaint filed by the Louisiana Federation of Teachers on behalf of more than 200 Filipino teachers working in several parishes throughout the state. The complaint was filed against Universal Placement International, alleging that this recruiting company had "charged teachers an exorbitant amount of money, about $15,000, to secure a teaching position in the United States and proper documentation. Once they arrived, teachers then were charged 10 percent of their monthly income." (Shreveport Times, October 21, 2009).

Government studies have also indicated that the H-1B visa program is highly susceptible to fraud. (H-1B Benefit Fraud & Compliance Assessment, September 2008). In fact, on October 16, 2009, the federal government announced that it had arrested a California-based immigration lawyer and his business partners who had allegedly "set[] up nearly a dozen shell companies to file fraudulent employment visa petitions on behalf of their clients." According to U.S. Immigration and Customs Enforcement (ICE), "[m]any of the petitions were for H-1B visas," and "the aliens named in those visa applications [allegedly] never worked for the defendants or the fictitious companies."

The group then allegedly sold the H-1B visas to immigrants seeking to come to the United States for prices ranging from $6,000 to over $50,000. ICE claims that the lawyer and his partners then used the illegal proceeds to purchase empty cemetery plots to hide the funds. (ICE Press Release, October 16, 2009). High rates of fraud and technical violations within the H-1B visa program have prompted Senators Charles Grassley (R-IA) and Dick Durbin (D-IL) to introduce legislation with the stated goal of "reform[ing] and reduc[ing] fraud and abuse" in the H-1B program. (S.887, April 23, 2009).

--------

The Federation for American Immigration Reform (FAIR) is a national, nonprofit, public-interest, membership organization of concerned citizens who share a common belief that our nation's immigration policies must be reformed to serve the national interest.

FAIR seeks to improve border security, to stop illegal immigration, and to promote immigration levels consistent with the national interest-more traditional rates of about 300,000 a year.

 

 

Trackback(0)
Comments (5)Add Comment
0
...
written by Black Saint, October 27, 2009
Meantime, with 15 million Americans without jobs, & millions more under employed, the invasion continues, no Liberal Politician will address the 500 pound gorilla in the room, and millions of invading, plundering, welfare loving, prolific breeding, Illegal Aliens taking millions of jobs that should be American jobs and 100,s billions of dollars in social services that should be for American citizens!

One cannot be political correct and admit that Illegal Aliens are an large part of the problems in this Nation.

Their negative impact extends to every area from Sub-par loans & defaults, Underground economy, Ma*sive document fraud, Lower standard of living, Crime, Overflowing prisons , Bankrupted hospitals, Failing schools, Property Taxes, Insurance costs, Environment, Culture, Welfare costs, Welfare fraud, SS fraud, Voter fraud, Disrespect for our laws & country, our Constitution against invasion and even Balance of payments occurring from oil and other imports to support the 20 to 30 million illegal aliens in this country!

One has to only look at Calif. which is basically mostly an Spanish speaking, Bankrupt state that cannot afford to provide Welfare, Schooling, Medical, Prison cells etc. for millions of MS-13 Gang bangers, Drug dealers, Rapist and other a*sorted Criminals and uneducated, Prolific breeding, third world rejects from Mexico!

In a very few years it will be impossible to see where Mexico ends and Calif. begins as both will be an third world cesspool!

Failure to secure our borders and reward the Invading horde for their invasion and their relatives in an never ending chain with American Citizenship is nothing less than committing National Suicide & will a*sure our future is an over populated Spanish speaking third world Nation that is an Cesspool of Corruption, Crime, Poverty and Misery modeled on Mexico!
0
...
written by Black Saint, October 27, 2009
Illegal pay taxes Argument!
There's the "illegal aliens pay tons of taxes" argument. Sure, they all pay real estate taxes (in rent) and sales taxes (most states). Those working on the books (typically using stolen Social Security numbers) pay FICA and, perhaps, income taxes. But they're mostly ill-educated, prolific breeders, low-skilled and pay little or no taxes connected to their working -- in fact, most claim the Earned Income Tax Credit, i.e. negative income tax! If a family with both parents working has two kids in school, that's at least $15k/year just for schooling, way more than the taxes on, say, $35k/year aggregate income.

Robert Rector at the Heritage Foundation has done the systematic accounting on all this. A typical household headed by a low-skilled illegal alien is a net drain of about $20k/year for the rest of us, year after year. (Low-skilled Americans are a similar burden, but they're part of the national family, not gate crashers from other societies.)

Illegal Bad..Amnesty good Argument!
There's the "illegal immigration is bad, but make them citizens and problem solved" argument. Nope. If that were the case, legalizing (i.e. amnestying) the illegal aliens would solve the problem. But they'd still be (on average) low-skilled workers whose burden on the rest of us would continue. In fact, once legal they'd be able to access more public benefits programs, so their cost to the rest of us would actually rise substantially. In addition to bringing in their relatives under chain immigration in a never ending chain! In short, all of the problems of ma*s illegal immigration are shared & increased by ma*s amnestying them.

Then there is they are all God,s children argument.
Isn't everyone God,s children? If so, then guess the open borders crowd are saying everyone and anyone has the right to Invade this Nation, waving their flags, demand their rights, while feasting at the trough of public welfare and Kill, Rape and Rob thousands of American citizens each year!

There are 100,s of millions probably billions from India, China, Africa, etc. that would like to immigrate to the USA. If it ok for Latinos to pour across our borders then unless the open borders crowd are racist it should be ok for any and all of the world people no matter their Education, Religion, Race, Criminal convictions, Diseases, or Terrorist ties to invade this nation & Waving their flags, demanding their rights & be rewarded with American citizenship!

There's the "the U.S. stole the southwest" argument.
Well, the land in dispute was "owned" by Spain for a couple of centuries. Then by Mexico for about 25 years. During these periods, there weren't more than a few thousand Spaniards or Mexicans in the entire territory. It's been owned by the U.S. for about 160 years now, much longer than Mexico's reign. And the U.S. has actually done something with the land, made it habitable for tens of millions. The difference between American and Mexican "twin cities" straddling the border is like night and day, yet the land is obviously the same. It's not the dirt that's important, it's the people. Put another way, if culture didn't matter, Mexico and Central America would be paradise.

Dave
E-Verify, Illegal Immigration and the 2010 US census?
written by Dave, October 27, 2009
As I perceive it the hardest place to install E-Verify, 287 G, or even directing ICE to raid employers is Sanctuary Cities and even States? CALIFORNIA seems to be the epitome of Sanctuary States, but it is estimated to be 127 cities and towns that ignore the US government. San Francisco and Los Angeles stands out as being Sanctuary cities where it's mayors Galvin Newsom and Antonio R. Villaraigosa, along with an compliment of police departments who have cultivated over the years a refuge for the impoverished illegal immigrants, illegal criminal of other countries. Very few businesses have enforced E-Verify, because at this time there is no mandatory law, except for federal contractors/subcontractors. Sen. Sessions has at this time been the fortress against illegal immigration through the Bush and now President Obama administrations. He is determined to adjoin E-Verify as a permanent amendment to the Senate Unemployment benefit extension bill H.R.3548 for 14 weeks. In the same amendment Sen. Sessions would require new applicants for unemployment compensation to have their citizenship status verified using E-Verify. The computer software program E-Verify could also be used for identifying applicants for drivers licenses, automotive insurance, all health care benefits, real estate purchases and mortgage and of course ineligible workers. Even the Public option if enacted in health care could be used to verify all positive recipients and over time become a very sophisticated matrix of data bases to reject ineligible applicants for government benefits.

Senate leaders are currently negotiating which amendments will be considered for the bill, and Majority Leader Harry Reid (D-Nev.) is trying to prevent a vote on the amendment altogether. E-Verify is becoming a significant potent weapon against illegal immigration in the ongoing battle. It has come under constant legal bombardment by a long list of open border organizations, including the US chamber of Commerce. E-Verify however remains intact, although other enforcement tools such as 287 G, has been weakened by Homeland Security chief Janet Napolitano. Without millions of dollars being appropriated, E-Verify on a continuous basis can eradicate illegal labor for pennies. No need for ma*s deportation as E-Verify will streamline removal of foreign nationals, owing to parasite businesses will be in incessant fear of being fined or sentenced to a prison term if apprehended by ICE for using illegal workers. As with 2010 census? Those who entered without--THE PEOPLE'S--permission, have violated our laws, and should not, must not be allowed to be enumerated in the decennial census? Is Washington so sure that they will pa*s this 2nd Amnesty, when Ted Kennedy previous comprehensive immigration reform turned into fraudulent travesty?



Ordinary American workers have become watchdogs for suspicious activity in the working environment. My blogs, comments and articles are limited in information, but keep this issue under public scrutiny. For more details of malevolent politicians who need to be constantly reminded who they work for? For immigration enforcement grading NUMBERSUSA. To light a fire under nonchalant politicians who are selling American workers futures to highest bidder contact WASHINGTON at 202-224-3121 As easily as you voted for these people, you can vote them OUT? Demand NO--MORE--AMNESTIES. Rebuild a two-tier Southern border fence as originally intended. TELL THEM YOU WANT PERMANENT E-VERIFY FOR EVERY WORKER, WHO’S ON A PAYROLL. STAND WITH SEN. SESSIONS. Study the corruption in every level of government at JUDICIAL WATCH. Read about unstoppable OVERPOPULATION GROWTH at CAPSWEB. Read lists of legislators are trying to push through another path to citizenship--alias AMNESTY at http://tinyurl.com/CIR-letter-to-POTUS. THESE CONGRESSMAN/ WOMEN WANT TO STEAL YOUR JOB AND GIVE IT TO ILLEGAL ALIENS? KEEP THEM EMBOSSED IN YOUR MEMORY AND UNSEAT THEM WHEN THEY COME FORWARD FOR RE-ELECTION.
0
...
written by Julie B, October 27, 2009
I am a liflong Democrat but will switch parties in a heartbeat if the Republican will take a stand and oppose AMNESTY.

Americans are out of work, what are these democrats thinking??????????/
0
SHAME ON YOU LAZY AMERICANS
written by Nora Maxim, October 28, 2009
You should all be ashamed of yourselves. Yes AMERICANS ARE OUT OF WORK BECAUSE WE ARE LAZYYY! Please let me know what percentage of the unemployed documented american woul wash dishes fo $7/h or work the fields for $6/h or provide housekeeping for $9/h. I have an answer to that question "ZERO". The reality is that it's so much easier to say WE DON"T HAVE JOBS BECAUSE OF THE ILLEGALS when in fact we are out of work why? BECAUSE WE ARE NOT WILLING TO SETTLE FOR LESS THAT $15/h or do any of the lower type of jobs. So insted of blaming others for our problems we should think that this is how people in KOSOVO, AFGANISTAN, APLESTINA felt when we distroyed their countrys, so maybe this is PAYBACK.

Write comment

busy
Last Updated on Monday, 26 October 2009 17:33
 

Search the RSN Database of 7,000+ Articles

takingbackamerica-2

 


Exit Sign

Home | Homeland Security | Border & Sovereignty | Politics and Economics | Global Terrorism | Energy & Environment | Culture Wars | Editorial | Media Kit