Showing posts with label legislation. Show all posts
Showing posts with label legislation. Show all posts

Tuesday, February 2, 2010

The Raw Politics of Immigration Reform Should Lead to Legislation

There are numerous reasons why it would be wise for Washington to address the nation&'s failed immigration policies sooner rather than later and finally fix a system that no one on either end of the political spectrum believes is either functioning properly or serving the best interests of the people . Even though studies show that reforming immigration would be a boost to the economy at a time when it could surely use one, and human rights issues make reforming the system a moral imperative, many still believe that it's an issue too politically hot to handle.

Since nothing yet has provided the requisite motivation to those in Washington to move forward and tackle reform, it&'s time to start to look at it through a prism they can understand: Pure Machiavellian political calculation.

As has been rightly pointed out, reform cannot be a one party affair, and to get it accomplished there will have to be some reaching across the aisle and bipartisan compromise. Yet, given the current polarization in Washington, accomplishing such a task might seem to be impossible ... until of course we look at the alternatives.

It's quite obvious at this point that the American electorate is furious, with discontent across the political spectrum from left to right ... and more importantly the middle.

Confidence in Washington is approaching record lows with few having faith in elected officials to fix the serious problems facing the nation. 60% believe that the country's heading in the wrong direction. The elation of 2008 that a new era of change was upon us, and that the gridlock and partisan politics of the past might finally give way to effective governance, has quickly given way to distrust and cynicism.

Those from both parties now face an angry public more intent than ever to throw the bums out of office.

On the right, all but the most hard-core reactionary conservatives face challenges from the far-right extremes of their party. In Florida, one-time party favorite, Charlie Crist, looks like toast with teabagger Marco Rubio crushing him in the polls. Former standard bearer, John McCain, daily tries to distance himself from every past position he's ever held in hopes of warding off primary defeat. In NY23 the pitchfork and torch crowd lunched a successful coup, driving out the party favorite, ultimately handing the election to the opposition.

Fueled by the vitriolic rants of Glenn Beck or Rush Limbaugh, and living in an information isolation-bubble created by the FOX News noise machine, the angry mob has become emboldened and threatens to tear their party apart in a frenzy of fratricide.

On the left, the inability of the administration and its Congressional allies to deliver on their promise to usher in a new era in Washington has had a different effect. While the right-wing base is energized, the historic coalition that Obama built of youth, ethnic voters, and independents is withering away due to ambivalence and disillusion.

As we saw in NJ, VA, and most recently in MA, the Obama coalition simply failed to show up at the polls. And those that did were the disenchanted independents still looking for change who thought they'd find it in a pick-up truck driving, faux-populist, "independent Republican."

But as much as both parties are having problems with their respective bases, it's the magic 40+% unaffiliated voters who now create the most problems for both.

They're sick and tired of the partisan bickering, political posturing, and gridlock that prevail in Washington.

They're scared. They see a faltering economy, endless wars, high unemployment and an uncertain future, and they want something done.

They watched the protracted political sausage making that mired down the health care debate, the convoluted economics of the stimulus bill, and the daily theater of the absurd as obstructionist Republicans did everything in their power to derail an Obama presidency ... and they're fed up.

They want to clean house, and few incumbents will be safe from their wrath.

Realizing this, both parties have telegraphed their electoral strategies.

Republicans will attempt to run as outsiders, trying to convince voters that somehow Washington careerists are in fact, fresh faces with new ideas, all along stalling and trying their damnedest to prevent anything from getting accomplished that might make Obama look good.

The Democrats, with Obama in the lead, will hammer away on those very same stall tactics and try to lay the blame for all the gridlock and partisan rancor in Washington at the Republican's feet.

But both these plans contain Achilles heels that could doom them to failure.

As a new poll just released by non-partisan independent pollster Research 2000 of over 2,000 self-identified Republicans shows, the base has moved so far to the extreme they could become toxic for incumbents in all but the reddest of red states. Particularly given Obama's still very high personal popularity.

  • 63% think Obama is a socialist
  • only 42% believe he was born in US
  • 39% want Obama impeached.
  • 53% think Sarah Palin is more qualified to be president than Obama
  • 23% want to secede from US
  • 24% believe Barack Obama wants the terrorists to win
  • 31% believe Barack Obama is a racist who hates White people
  • 73% think gay men and women shouldn't be allowed to teach in public schools
  • 31% want contraceptives outlawed


In order to paint themselves as outsiders, Republicans, who make up only 22.5% the electorate, will be forced to embrace those in their party who have already firmly staked out that ground ... the teabaggers and birthers who flocked to last summers town halls to "take their country back."

Having to cater to this constituency not only to ward off primary challenges or raise funds, but to appear "mavericky" enough, Republicans run the risk of alienating the independents and moderates essential to winning general elections. In many ways, in order to remain viable in general elections dominated by centrist independents, Republicans will need to distance themselves from what now appears to be the public face of their party.

A recent Gallup poll shows just how risky catering to the base could be. It's still a very blue country:

Overall, 49% of Americans in 2009 identified as Democrats or said they were independent but leaned to the Democratic Party, while 41% identified as Republicans or were Republican-leaning independents In total, 23 states plus the District of Columbia can be classified as solidly Democratic, with a 10 percentage-point or greater advantage in party affiliation in favor of the Democrats. This includes most of the Northeast and mid-Atlantic regions, most of the Great Lakes region, and the Pacific Coast.

Another 10 states can be considered Democratic leaning, in which the state's Democratic supporters outnumber Republican supporters by at least 5 percentage points but less than 10 points. These are Missouri, Kentucky, North Carolina, Florida, New Hampshire, Virginia, Colorado, Nevada, Indiana, and Tennessee.

Four states are solidly Republican, with a better than 10-point advantage in Republican affiliation -- Wyoming, Utah, Alaska, and Idaho. Alabama qualifies as the lone Republican-leaning state, with a 6-point advantage in Republican affiliation.

That leaves 12 states that are competitive, with less than a 5-point advantage for either party. Among these 13 states, 6 tilt in a Republican direction: Montana, Nebraska, Mississippi, Texas, North Dakota, and Kansas. Six tilt toward the Democratic Party: Georgia, South Dakota, Louisiana, Arizona, Oklahoma, and South Carolina.

Gallup




Republicans would need to replicate their "Massachusetts Miracle" across the electoral map in order to succeed … something far easier to crow about, than do.

For Democrats, the "blame it all on the Republicans" strategy is risky also. Congressional Democrats' approval ratings are in the toilet, only slightly higher than the Republicans:

PARTYAPPROVEDISAPPROVE
CONGRESSIONAL DEMS:3759
CONGRESSIONAL GOP:2163


This low standing in most part due to their perceived inability to get anything accomplished and getting mired down in the toxic partisan bickering that has marked this Congress.

Attempting now to point fingers at the opposition is a dicey proposition.

With all his substantial personal charms and political skills, even Obama would be walking the fine line between criticizing partisanship and engaging in it… A risky move even in a far less volatile political climate.

It's even riskier when attempted by far less well-liked and politically talented Democrats who run the risk of sounding like they're just making shrill excuses for their bad behavior.

But perhaps both parties would be better served if they actually just did the people's bidding and found a way to get something done. It would serve them well to roll up their sleeves and put partisan political gamesmanship aside long enough to get at least one piece of major legislation passed this session. It would be in both their political best interests.

Republican's would be able to defuse Democratic attacks about being obstructionists and have some claim to the middle at a time when the extreme base of the party appears to be anything but, and Democrats would prove they can get something done.

It's for this reason that the time to address immigration reform has come.

  • It's the kind of "tough issue" that polls have constantly shown the American people want tackled.
  • It has the support of a broad coalition that includes labor, business, and faith-based organizations.
  • Good arguments have be made for the economic benefits of enacting reform
  • The demographics work…neither party can survive long-term without the Latino and New American vote
  • Polling shows the majority of Americans favor reform
  • It's received bi-partisan support in the past
  • Restrictionist campaigns have consistently failed at the polls


From a purely political point of view this seems to be a no-brainer.

 

 

 

-----------------



SOME USEFUL INFO ON REFORM

1. Fact Sheet: How Immigration Reform Would Help the Economy
by the Center for American Progress

A fact sheet summarizing recent research on the benefits of legalization.

2. “The Economic Benefits of Comprehensive Immigration Reform”
By Raul Hinojosa for the Center for American Progress and the Immigration Policy Center

This report finds that comprehensive immigration reform that includes a legalization program for unauthorized immigrants and enables a future flow of legal workers would result in a large economic benefit—a cumulative $1.5 trillion in added U.S. gross domestic product over 10 years. In stark contrast, a deportation-only policy would result in a loss of $2.6 trillion in GDP over 10 years.

3. Restriction or Legalization? Measuring the Economic Benefits of Immigration Reform
by Peter B. Dixon and Maureen T. Rimmer for the CATO Institute

A report which finds that legalization of low-skilled immigrant workers would yield significant income gains for American workers and households. It would also allow immigrants to have higher productivity and create more openings for Americans in higherskilled occupations. The positive impact for U.S. households of legalization under an optimal visa tax would be 1.27 percent of GDP or $180 billion. 

4. The Economics of Immigration Reform: Legalizing Undocumented Workers a Key to Economic Recovery
by the Immigration Policy Center

April 2009 analysis of how legalization would protect our workers, raise wages, and get our economy moving again.

5. Policy Brief: New Immigration Reform Bill Supports America’s Middle Class
Drum Major Institute for Public Policy

A Legislative Analysis of the Comprehensive Immigration Reform for America’s Security and Prosperity Act of 2009(H.R. 4321) sponsored by Representative Solomon Ortiz (D-TX), Rep. Luis Gutierrez (D-IL) and 92other co-sponsors

6. The Labor Movement’s Framework for Comprehensive Immigration Reform
AFL-CIO and Change to Win

Announced in April 2009, this is the labor movements unified framework for comprehensive immigration reform.  This framework is a critical sign of support for the Administration and Congress to address immigration reform -- and to ensure that it remains a priority on the legislative calendar. It is also an important sign that immigration reform is an important part of economic recovery.

7. Loving Thy Neighbor: Immigration Reform and Communities of Faith
by Sam Fulwood III for the Center for American Progress

This report documents how  a wide range of faith groups are showing a new, unexpected, and grassroots-led social activism that’s rooted in theological and moral ground. While loud and shrill anti-immigrant voices dominate much of the media attention regarding immigrants and especially the undocumented, faith community activists are caring and praying in the shadows of public attention.

8. The Role of Local Police: Striking a Balance Between Immigration Enforcement and Civil Liberties
By Anita Khashu for the Police Executive Research Foundation

While this report focuses on and provides critique of the role of local police and immigration enforcement, one of the major findings is the need for enactment of comprehensive immigration reform legislation.

 

 


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Tuesday, March 18, 2008

Data Base Error ... You're fired!!!

"Data base error ...no file found" ... You're fired!!!

That's the response millions of America workers could hear if the flawed Shuler-Tancredo immigration bill was to become law.

Requiring over 130 million US workers to prove they have the legal right to work, the SAVE ACT (HR4088) would force employers to submit to using a broken government database, so inaccurate that 12.7 million US-born and legal resident workers are categorized as undocumented workers. Once caught in this maze of bureaucratic incompetency, the SAVE Act would allow only ten days to prove ones eligibility to work or face mandatory termination.

In unsettled economic times, when many Americans are a single paycheck away from economic disaster, the last thing we need is another cynical election-year ploy to play to "the base" at the expense of working families. The American people want real solutions to real problems ... not cheap sound-bites masquerading as legislation.

Call your representative today, and tell them you want them to do the real work you hired them to do, and not concentrate on divisive distractions in hopes of saving their political hides in November.

Tell them to concentrate on addressing these economic problems. Tell them you want them to fix health care for all Americans. Tell them you want the education system fixed. Tell them to fix our broken immigration system. Tell them to stop wasting precious lives and needed resources in a war that should never have been authorized and should not be continued.

Tell them you will not settle for half-baked schemes and election-year ploys ... especially at the expense of millions of jobs that are needed to keep our heads just barely above water in tough economic times.

Read More...

Tuesday, March 11, 2008

House Republicans Move Forward on Shuler-Tancredo Bill

Today the Republican leadership filed a "discharge petition" on the SAVE Act (Secure America through Verification and Enforcement Act) and have begun gathering the needed signatures to force the bill to the House floor for a vote.

A "discharge petition" is a special procedural motion that would allow the sponsors of the Shuler-Tancredo bill to take it straight to the floor of the House without having to go through the full committee process and then force a vote. 218 House members must sign the petition to allow it to go to the floor …the bill currently has 139 sponsors, including a group of 48 vulnerable freshman and conservative blue-dog Democrats.

The chief co-sponsors of the SAVE Act (HR. 4088) are Rep. Heath Shuler (D-North Carolina), Rep. Brian Bilbray (R-California), and Rep. Tom Tancredo (R-Colorado) who has made a career, including a failed presidential candidacy on anti-immigrant rhetoric. Rep. Bilbray leads the House Immigration Reform Caucus and is a former lobbyist of the Federation for American Immigration Reform, an organization recognized as a hate group by mainstream civil rights and research organizations like the Southern Poverty Law Center. For a list of co-sponsors on the SAVE Act, go to: http://thomas.loc.gov/cgi-bin/bdquery/z?d110:HR04088:

About the SAVE Act:
  • It would require more than six million employers to verify the work status of more than 130 million workers within four years, regardless of their status, using a federal database already known to have over 17 million errors.

    It would result in 12.7 million US citizens being forced to have an already overtaxed bureaucracy correct their records within a ten day window, or face mandatory termination of employment.

  • It would make it easier for the government to put religious and humanitarian workers behind bars for so-called "alien smuggling" - - mandating penalties up to 5 years imprisonment

  • It would require all local law enforcement agencies to become immigration agents, requiring them to do immigration checks at every traffic stop and domestic dispute…. A policy that has been opposed by leading law enforcement organizations.


Facing the specter of having to run on their accomplishments this coming November, nervous Republicans are scrambling for an issue to distract the electorate from their dismal records. The SAVE Act is just a return to the short-sighted Sensenbrenner Bill (HR 4437) and represents more of the failure in leadership that has marked Republican efforts on this issue. We need leaders who will tackle tough issues and be willing to do the hard work necessary to solve complicated problem intelligently - not offer false promises, empty rhetoric, and cynical election-year ploys at the expense of immigrant families .

Please call your representative at 202-225-3121 now and urge them to oppose the SAVE Act.

Write Your Representative and tell them not to sign on to support the SAVE Act

DEMOCRATS SPONSORING SAVE ACT

(Ala.) - Rep. Cramer
(Ala.) - Rep. Davis
(Ark.) - Rep. Berry
(Ark.) - Rep. Ross
(Calif.) - Rep. McNerny
(Colo.) - Rep. Perlmutter
(Colo.) - Rep. Udall
(Fla.) - Rep. Boyd
(Fla.) - Rick Keller
(Fla.) - Rep. Klein
(Ga.) - Rep. Barrow
(Ga.) - Rep. Bishop
(Ga.) - Rep. Marshall
(Ill.) - Rep. Bean
(Ind.) - Rep. Donnelly
(Ind.) - Rep. Ellsworth
(Ind.) - Rep. Hill
(Ind.) - Rep. Visclosky
(Iowa) - Rep. Boswell
(Kan.) - Rep. Boyda
(La.) - Rep. Melancon
(Mich.) - Rep. Stupak
(Miss.) - Rep. Taylor
(N.H.) - Rep. Hodes
(N.Y.) - Rep. Arcuri
(N.Y.) - Rep. Gillibrand
(N.Y.) - Rep. Higgins
(N.C.) - Rep. McIntyre
(N.C.) - Rep. Shuler *
(Ohio) - Rep. Ryan
(Ohio) - Rep. Space
(Okla.) - Rep. Boren
(Pa.) - Rep. Altmire
(Pa.) - Rep. Carney
(Pa.) - Rep. Holden
(Pa.) - Rep. Kanjorski
(Pa.) - Rep. Murphy
(Pa.) - Rep. Murtha
(Pa.) - Rep. Sestak
(Tenn.) - Steve Cohen
(Tenn.) - Rep. Cooper
(Tenn.) - Rep. Davis
(Tenn.) - Rep. Gordon
(Tenn.) - Rep. Tanner
(Texas) - Rep. Lampson
(Texas) - Rep. Rodriguez
(Utah) - Rep. Matheson
(Va.) - Rep. Boucher
(Wash.) - Rep. Baird
(Wis.) - Rep. Kagen

* Primary Sponsor

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Wednesday, March 5, 2008

Will McCain throw "God's children" under the bus?

Early on in the Republican nominating process, John McCain raised the ire of much of his party when during a debate he admonished his fellow candidates for their tough stance on the issue of immigration by reminding them that "we're all God's children" and that each immigrant community had added to the vibrancy of American culture.

Yet, while appearing to take the high ground on immigration, McCain has been moving his position further to the right throughout the entire campaign season. As a recent, rather fawning, AP article pointed out; "Once a crusader for offering the nation's roughly 12 million undocumented immigrants a way to get legal status, McCain now says his first priority is fortifying U.S. borders".

Listen to McCain's speeches or look on his campaign web site now, and there's little mention of the fight to give illegal immigrants a way to stay in the U.S. lawfully. He instead emphasizes border security — the catch phrase of conservatives who scorned his earlier proposals.

…McCain told congressional Republicans in a closed-door meeting recently that he had been badly bruised by his push for immigration reform and had learned the hard way that sealing the border should be his priority.

Republicans who support McCain say he has no choice but to abandon his past approach on immigration in favor of one that causes less consternation among conservatives virulently opposed to providing undocumented people with legal status.

"What kind of an idiot can't figure out the route that you took didn't work? You don't keep charging the center line when you're getting your head bashed in, and John was on this," said former Sen. Trent Lott, R- Miss.

AP


But it now appears that Republicans will be putting McCain's new-found conservatism to the test.

Senate Republicans are set to announce today 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 Democratic-controlled Congress. But the move by some of the Senate's leading Republicans underscores how potent the immigration issue remains, particularly in a presidential election year.

… The package -- an enforcement smorgasbord assembled by at least eight lawmakers -- consists of 11 bills, but it could expand to 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% of highway funding from states that continue to do so.

Another would extend the presence of the 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 prison sentence on someone caught illegally crossing the border a second time.



Other bills in the package would:

* Block federal funding to 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 drunk-driving conviction.

*Enable local and state police to enforce federal immigration laws.

LA Times 3/5/08

This new legislative initiative puts McCain in a precarious position.

As he moves towards the general election he's looking for support from moderates, independents and most importantly Latinos. But all those groups find McCain's previous position on immigration much more appealing than his new, more conservative, one. With 11 get-tough bills in the Senate, and others in the House, McCain will now be put on the hot seat. Favor, oppose or abstain ... McCain will upset some vital part of his constituency.

At first glance it appears as a no-win situation for the Arizona Senator.
(Sen. Jeff) Sessions said he had not consulted with the White House on the issue, nor had he talked directly with McCain

…Sessions and other opponents of comprehensive immigration reform believe McCain has learned his lesson.

"He has said he got the message and believes the way to go is border enforcement first," Sessions said. "I think he'll be supportive of much of it."

"There's nothing in here that represents an attempt to embarrass him," Sessions was quick to add.

… The package of proposals unveiled by McCain's colleagues may only inflame the immigration debate. Sen. David Vitter (R-La.), for example, has proposed withholding federal law enforcement money for "sanctuary cities" that have lax immigration enforcement. Sen. John Barrasso (R-Wyo.) wants to dock states 10 percent of their highway funding if they give licenses to illegal immigrants. And Sen. James Inhofe (R-Okla.) has a bill that would make English the "national language."

Sessions, who made a name for himself by spending hours at a time on the Senate floor last year, fighting the doomed immigration bill, has proposed mandatory minimum prison sentences for illegal immigrants.

… In the House, Republicans were making a more concerted effort to coordinate their immigration message with McCain.

Some House Republicans were moving ahead full-throttle to force a vote on an immigration enforcement measure offered by Democratic Rep. Heath Shuler of North Carolina. But leaders have temporarily applied the brakes to that effort until they have more time to coordinate with the McCain campaign.

Politico

But McCain might try to use the situation to his political advantage. With such a large smörgåsbord of bills to pick from, McCain can pick and choose. He could choose to accept a few of the less egregious proposals while rejecting others. If played wisely, he could confirm his anti-immigrant bona fides to the right, while being able to still say to moderates and Latinos that he opposed the harshest measures.

Angela Kelley, director of the Immigration Policy Center …. suggested that the Senate bills could provide political protection to Sen. John McCain (R-Ariz.), who has clinched the GOP presidential nomination.

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

LA Times

But it's a very dangerous game:

… Sen. Bob Menendez (D-N.J.), one of only three Hispanic senators, has called on McCain to reject the GOP proposals, saying the package would only create a "wedge" issue come November.

“The Republican Party might think this is a wedge issue for November, but their strategy only dims their chances this year and for generations to come," Menendez said. "Latinos are not a group on the fringes of our society that can be manipulated to score political points. If this presidential primary season has shown us anything, it is that Latinos are no longer the sleeping giant in American politics – they are fully awake, active and making a difference. This is the type of cynical effort that serves to deepen the divisions in our nation that we should be working to bridge.”

Politico

I'm not a betting man ….but my money's on McCain throwing "God's children" under the bus ….albeit as quietly and as inconspicuously as possible …and he certainly won't roll back and forth over them as his Republican brethren would wish …but under the wheels they shall be none the less.

Read More...

Tuesday, March 4, 2008

Better Have Your Papers In Order: New Immigration Legislation Targets Millions of US Workers

By all accounts, the failure of the "immigration issue" to deliver at the polls for the Republican Party should have sounded the death knell for any attempts at passing get-tough legislation in Washington before this year's election cycle was over.

With McCain as the presumptive nominee, one would think that down-ticket Republicans wouldn't want to re-hash the "immigration wars" and put their candidate in a position where he would have to once again revisit the issue.

But then again, that would assume that politics is based upon logic and McCain isn't more than willing to even further pander to anti-immigrant sentiment despite his previous record.

Facing the specter of having to run on their accomplishments over the last eight years, nervous Republicans are scrambling for an issue to distract the electorate from their records. With that in mind, The House Immigration Reform Caucus, now under the of leadership Brian Bilbray, an ex- lobbyist for the hate group FAIR, has gone back to beat a dead horse in an attempt to get an election year distraction on the Congressional agenda.

Back in November, Bilbray, with the help of freshman, red-state Democrat, Heath Shuler, introduced the newest incarnation of the House's failed enforcement-only style legislation; The Secure America through Verification and Enforcement (“SAVE Act”) of 2007 (H.R. 4088).

Normally, a bill that would put the jobs of over 12.7 million US citizens in direct jeopardy, force a possible 2.5 million a year to be classified as unauthorized to work, criminalize the work of churches and humanitarian groups - mandating penalties up to 5 years imprisonment, and force all local law enforcement to become immigration agents.. all in the name of attrition and deportation.. would be rejected out of hand by Congressional Democrats.

But, thanks to the work of Rahm Emanuel and other quisling Dems, it's moving closer to enactment.

The bill itself is chock full of flaws and outrages.

The right-wing, zero-immigration group, NumbersUSA, rightfully touts the bill as an "Attrition Through Enforcement" effort. According to the group, the bill's goal is to "make it extremely difficult for unauthorized persons to live and work in the United States. (So) they will buy their own bus or plane tickets back home if they can no longer earn a living here".

Yet, reading the bill, it's obvious that its goal goes even beyond ruthlessly trying to "starve" undocumented workers out of the country. It requires local law enforcement to begin the process of mass deportations by requiring them to become immigration agents at every traffic stop and domestic dispute.

But perhaps the most troubling part of the legislation is it's reliance on the DHS's flawed Basic Pilot/E-Verify Electronic Employment Verification system, and the Social Security Administration's error-ridden "No-Match List" to determine whether millions of US workers, many US born citizens, would be eligible to earn a living.

The “SAVE Act” would:

• Require mandatory use and rapid expansion of the Basic Pilot/E-Verify Electronic Employment Verification system for all employers. The “SAVE Act” would require that within 4 years, all employers in the U.S. – approximately 6 million – use Basic Pilot/E-Verify to verify the work authorization of ALL workers – immigrant and U.S. citizen, new hires and the current workforce. Slightly more than 50,000 employers currently voluntarily use Basic Pilot for new hires – less than one percent of all employers; only 4 percent of all new hires are currently verified through Basic Pilot.

A recent independent evaluation of Basic Pilot/E-Verify concluded that employers currently using the system often misuse it, and that the system requires significant improvements before further expansion. The Basic Pilot/E-Verify system relies heavily on the Social Security Administration (SSA) database that, according to government sponsored studies, contains unacceptably high error rates. SSA estimates that 17.8 million of its records contain errors related to name, date of birth, or citizenship status, and 12.7 million of those records relate to U.S. citizens. DHS databases contain similarly high error rates. If the databases are not dramatically improved, the errors in the SSA database alone could result in 2.5 million workers a year being misidentified as unauthorized for employment or as no-matches. Workers, including U.S. citizens, will get caught in this faulty system and will lose their jobs.

The “SAVE Act” contains no assurances that government databases will be accurate and updated, no privacy protections for the vast amounts of personal information to be handled by employers, and no recourse for workers who are wrongfully denied employment. Most importantly, the “SAVE Act” will not prevent unscrupulous employers from avoiding the system by hiring undocumented workers under the table, thereby growing the informal economy.

• Greatly expand the SSA “no-match letter” program. – a program that was halted by a federal judge in 2007. A no-match occurs when the information in the SSA database does not match the information submitted by an employer on the W-2 form. There are many reasons that workers receive a no-match letter that have nothing to do with immigration, including name changes and employer error in entering data. The “SAVE Act” taps the SSA to play an unprecedented role of reporting and cooperating with the DHS by requiring the SSA to notify employers of ALL no-matches and to notify DHS of all unresolved no-matches. Workers who wrongfully receive a no-match letter will have 10 days to resolve the problem, or be fired. A judge recently found that the DHS no-match rule, which gave employers and workers 90 days to fix errors, placed a large burden on employers, and may result in tremendous harm – including loss of employment – for U.S. workers.

• Link the Social Security Administration and Department of Homeland Security to enforce immigration laws. The “SAVE Act” requires SSA to notify all employees in cases where their social security number (SSN) has been reported by two or more employers and requires those workers to prove they are using a valid SSN and are employed by multiple employers simultaneously. This would be tremendously burdensome for the many workers who hold multiple jobs, and would place additional burdens on the already overstretched and underfunded SSA, resulting in delays providing Social Security benefits to the retired and disabled.

The “SAVE Act” also requires SSA to report all unresolved no-matches and multiple use SSNs to the Department of Homeland Security, increasing the amount of personal taxpayer information about workers (including U.S. citizens) that is shared between government agencies, overriding current laws protecting the privacy of taxpayer information.

Link


Who would get caught up in this bureaucratic nightmare:


Why would a worker receive a no-match letter?
According to SSA, there may be several reasons why information submitted for a worker does not match SSA records, including:
  • A typographical or clerical error was made on a W-4 or W-2 form (such as misspelling a name or transposing a number in the SSN)

  • The worker’s name has changed due to marriage or divorce

  • Information provided on the W-4 or W-2 form is incomplete

  • The worker’s middle name was transposed (for example, “David Juan Jimenez” instead of “Juan David Jimenez”).

Link


Back In October, when U.S. District Court Judge Charles Breyer ruled against the DHS's implementation of it's "No Match Program" for 141,000 social security mismatches, he pointed to the SSA's inability to process the large volume of request the program would require in a timely matter (90 days,) and the number of mistakes in the SSA database as his grounds for preventing the DHS from going forward.

The Save Act not only vastly increases the numbers of workers who would need to correct their information …but cuts the time to accomplish that task down to ten days. Anyone who's every dealt with a government agency, from the Dept of Motor Vehicles to the Internal Revenue Service, knows that accuracy and timeliness are not traits generally attributed to them.

So why would 48 Democratic Representatives sign on to such a flawed piece of toxic legislation?

In one word …Rahm Emanuel.

Emanuel has long been advising vulnerable Dems to break with the party, turn their backs on Comprehensive Reform and run with a Republican-lite position on immigration to counter Republican charges of being "soft on immigration." Sources with ties close to the Congressional Hispanic Caucus confirm that Emanuel has been actively lobbying for the bill, and has gone so far as to suggest putting it up along-side the flawed STRIVE Act from last year - ensuring the passage of at least one of the bills before the election.

Emanuel, who fought against the fifty-state strategy that has been so successful in revitalizing the Democratic Party, and told Democrats who didn't take a tough stance on the "third rail" issue of immigration, that they weren't really "with the American people"… is now advising Democrats to sign on to the Republican's last-ditch, Hail-Mary, plan to salvage their faltering electoral prospects with yet another draconian, deportation, immigration bill.

Sometimes one must wonder which side of the aisle Rahm is really on.

Tell your Representative that you want Compressive Reform and not attrition and deportation ... no matter what Rahm Emanuel thinks …Stop the SAVE Act

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Thursday, October 25, 2007

To my Lou Dobbs Democrat friends

In last election cycle one of things we kept hearing about was the rise of a new demographic, the "Lou Dobbs Democrat." Dems, who for one reason or the other found Lou's mix of protectionism and reactionary populism appealing. Taking up the anti-"illegal" immigrant mantra of the right, our Lou Dobbs Democratic friends like to wrap their enforcement-only positions in the trappings of labor politics. ….they just want to protect American jobs and workers.

Most, if not all, opposed any attempt at forging a comprehensive plan for reforming our failing immigration system, and many in fact favored the strict and punitive legislation introduced by the Nativist Right. Just yesterday they were joining in the chorus of those claiming that the DREAM Act, a bill that would have provided thousands of undocumented kids the chance to earn a legal place in society, was nothing more that another "amnesty" from the far left.

But now today, they must come face to face with reality. Their longtime allies on the right who have opposed any meaningful reform, and instead call for harsher penalties and stricter enforcement, are planning on stabbing them in the back.

The very architect of the most punitive of any immigration legislation passed so far is about to give it one more try.

James Sensenbrenner plans on reintroducing the House bill that started the whole immigration debate almost two years ago. When originally passed, HR4437 caused such controversy that millions took to the streets to oppose it.

Of course at the time, Lou Dobbs and his new Lou Dobbs Democratic allies cheered the bill. It would, they said, restore the rule of law, and secure our borders …and of course protect the jobs of US workers and the middle class.

But now our wayward Democratic friends are about to learn a harsh lesson in reality. Sennsenbrenner has slightly modified the bill in two very import ways:

The first is to readjust the census so that only citizens are counted. This of course will cause redistricting and the loss of Democratic congressional seats in the areas that have heavy legal immigrant populations (legal permanent residents)…and where will those seats be lost for the most part? Blue states of course, the Northeast, California, Illinois, and most important of all, the emerging blue areas of Colorado, Arizona, New Mexico and Nevada.

And what else does Mr Sensenbrenner add to his new bill?....oh yeah, he doubles the number of H1b guestworkers allowed into the country to work in high-skilled jobs.

That's correct…those who have argued all along against guestworkes, and particularly H1B, high-skilled guestworkers, now think that we really do need them ….you know ..to do those jobs US computer programmers and electrical engineers won't do.

Become an Original Cosponsor of the Border Enforcement, Employment Verification, and Illegal Immigration Control Act

Dear Colleague:



In 2005, I introduced H.R. 4437, the Border Protection, Antiterrorism, and Illegal Immigration Control Act. This bill put immigration reform on the national agenda. Although the bill passed the House by a vote of 239-182, the Senate failed to act on it.

My constituents have made clear to me that immigration is a pressing issue. In fact, they recently rated it as the biggest threat to our national security. Although some in the House may have given up on immigration reform, we cannot afford to sweep this problem under the rug. It is in this vein that I again attempt to raise awareness of the serious problem that Americans face.

Next week I will introduce new immigration legislation. My new bill offers real solutions to end illegal immigration by securing our nation’s borders and cracking down on employers who hire illegal immigrants. Many of the provisions in the new bill received bipartisan support in the 109th Congress.

The Border Enforcement, Employment Verification, and Illegal Immigration Control Act requires DHS to gain operational control over U.S. borders through the deployment of physical infrastructure, additional surveillance coverage and more effective deployment of personnel. This bill will help restore the integrity of our Nation’s borders and re-establish respect for our laws by holding violators accountable, including human traffickers, employers who hire illegal immigrants, and alien gang members who terrorize communities throughout the country.

I believe that the new legislation contains improvements over H.R. 4437. For example, it does not make illegal presence a felony. It authorizes $300 million annually in grants to states and localities for procurement of necessary items to facilitate their assistance in enforcing the immigration laws. It changes the census count to only include U.S. citizens, not those with work visas or “green cards” and those who entered the U.S. illegally, and it doubles the number of H1-B visas for skilled workers from 65,000 to 130,000.

I hope you will join me in sponsoring the Border Enforcement, Employment Verification, and Illegal Immigration Control Act to ensure that we secure our borders and turn off the job magnet that attracts illegal immigrants across the border. Please contact Michael Lenn at michael.lenn@mail.house.gov if you have questions regarding this legislation or wish to add your name as an original cosponsor.



Sincerely,
F. James Sensenbrenner, Jr.
Member of Congress


So to my friends in the Programmer Guild and the IEEE who fought tooth and nail to kill meaningful immigration reform I say …good job there folks.

To our New-Democrat Netroots champions who sided every time with the right on immigration issues claiming they were protecting US workers I say ….way to go.

To our centrist DLC Democratic leadership who see immigration as "the third rail of politics" and don't want to touch it, I say …hope that redistricting works out OK for you

And to all my Lou Dobbs Democrat friends I say …job well done. Perhaps this time when millions of "illegal aliens" pour into the streets to oppose Sensnebrenner's new bill, maybe you'll be there right with them chanting si se puede.

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Tuesday, October 23, 2007

Tancrazy call's for arrest of DREAM students at Capitol

It's not like Tam Tran and the other DREAM students haven't been through enough harassment already. After having her story published in a front page story in USA Today last week, the entire Tran family were arrested and detained by immigration official in what Representative Rep. Zoe Lofgren, (D-Calif), who chairs the House immigration subcommittee, characterized as a classic case of "witness intimidation."

Tran, whose parents escaped from Vietnam as "boatpeople" had testified earlier this year in front of Lofgren's committee on the plight of the thousands of immigrant children who were brought here by their undocumented parents and an early age, and now due to their undocumented status face uncertain futures.

It now appears that Colorado Congressman, and Republican Presidential long-shot, Tom Tancrazy wants to go after Tran again…along with a group of other DREAM Act students who were in Washington today at the invitation of Sen Dick Durbin (D-IL).

They were at the Capitol in support of the DREAM Act, a bill sponsored by Durbin, that would allow these young people, and thousands of others, the opportunity to continue on with their education and eventually earn the right to remain in this country legally.

Tancrazy, upon hearing of the planned arrival of the young people, immediately called the Immigration and Customs Enforcement agency and demand the arrest of the students.

Tancredo Asks Immigration Authorities to Detain Illegal Aliens Attending Durbin Event in U.S. Capitol

( WASHINGTON, D.C. ) – Representative Tom Tancredo (R-Littleton) today released a statement regarding an event Senator Dick Durbin (D-IL) reportedly plans to hold in conjunction with discussion of the DREAM ACT – an event that will be attended by several illegal aliens.

“I call on the Immigration and Customs Enforcement Agency to detain any illegal aliens at this press conference. Just because these illegal aliens are being used for political gain doesn’t mean they get immunity from the law.”

“If we can’t enforce our laws inside the building where American laws are made, where can we enforce them?”

Tancredo alerted the Immigration and Customs Enforcement agency earlier today regarding Durbin’s 3:00 PM meeting.

Link

For Tom, resorting to intimidation, even of children, seems to be his preferred method to silence political opponents. Perhaps he should have demanded that ICE detain Sen. Durbin as well for even bringing these children to Washington in the first place….since that's how Mr. Tancrazy wants all those who show compassion and humanity to be dealt with anyway.

More about the DREAM Act:
here
here
here
here
here

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Monday, October 22, 2007

Reid spokeswoman: Senate takes up DREAM Act this week


According to the Congressional Quarterly, a spokeswomen for Senate Majority Leader Harry Reid (D-NV) announced today that the Dream Act will be taken up following Tuesday's expected final vote on the 2008 Labor-HHS-Education appropriations bill (HR 3043).

Beyond the spending bill, it is unclear what legislation will round out next week’s floor schedule. The chamber could take up an immigration bill related to children (S 774), said Regan Lachapelle, a Reid spokeswoman.

Sponsored by Richard J. Durbin, D-Ill., the bill would allow children of illegal immigrants who entered the United States before age 16 and lived here at least five years to gain conditional legal status. Under the bill, they could attain eventual citizenship if they attend college or enlist in the military for at least two years.

Ried, invoking Senate Rule XIV, has fast tracked the stand-alone bill, now numbered S.2205, which has languished in the Senate, in one form or another, for more than seven years now.

Needless to say this news has received an apoplectic response from the ranks of the nativist wingnut agitators. They will undoubtedly try to rally their minion of flying monkeys to flood the offices of every Senator in Washington over the next few days. Numbers USA and FAIR already have screaming headlines up their sites to exhort their followers to action.

To counter this effort, an even more overwhelming response must be initiated on behalf of the thousand of children whose only hope at achieving the American dream rests on the passage of this bill.
Each year approximately 2.8 million students graduate from US High Schools. Some will go on to college, join the military, or take other paths in life, hopefully all becoming productive members of society. But for approximately 65,000 of them, these opportunities will never be available. Not because they lack motivation, or achievement, but because of the undocumented status passed on to them by their parents.

Lacking legal status and social security numbers, these students, raised and schooled in the US, cannot apply to college, get jobs other than those at the bottom of the economic ladder, or otherwise follow their dreams. They grew up on American soil, worked hard and succeeded in spite of all odds, and want nothing more than to be recognized as individuals and not just the holders of a status they had no part in acquiring.

In Washington, politicians have debated the fate of these kids for more than seven years, holding lives and futures in their hands while vying for political advantage.

For these kids, and the thousand more who have already managed, through sheer force of will, to complete their higher education but now face a life of uncertainty and alienation, the DREAM Act is the only answer. Please call your Senators starting first thing Tuesday morning.

Here's a list of the most needed votes to make DREAM a reality.

This list of 19 fence sitters hold the hopes and dreams of thousands of hardworking, conscientious , kids in their hands. Kids who've done all that was asked of them, and now only want an opportunity to be the Americans they have always regarded themselves as.

-DUKE'S HOT 19 -


Murkowski (R-AK) 202-244-6665
Stevens (R-AK) 202224-3004
Pryor (D-AR) 202-224-2353
Martinez (R-FL) 202-224-3041
Inouye (D-HI) 202-224-3934
Brownback (R-KS) 202-224-6521
Landieu (D-LA) 202-224-5824
Collins (R-ME) 202-224-2523
Snowe (R-ME) 202-224-5344
Conrad (D-ND) 202-224-2043
Dorgan (D-ND) 202-224-2551
Dominici (R-NM) 202-224-6621
Voinovich (R-OH) 202-224-3353
Smith (R-OR) 202-224-3753
Graham (R-SC) 202-224-5972
Johnson (D-SD) 202-224-5842
Cornyn (R-TX) 202-224-2934
Warner(R-VA) 202-224-2023
Rockefeller (D-VA) 202-224-6472

Read More...

Tuesday, October 16, 2007

Wingers start beating the DREAM Act war drums

Not content with their minor victory in California - where the onetime "illegal alien" Governator once again pulled up the drawbridge behind him, denying thousands of children of fellow immigrants the ability to follow their American dream - the wingnut brigades are once again beginning to beat their war drums over the impending federal DREAM Act legislation.

While there has been no confirmed schedule for the Senate to take up Sen Dick Durbin's Dream Act legislation that would allow millions of students, brought here as children by undocumented parents, the ability to earn legal status through attending college or serving in the military, wingnut groups like NumbersUSA and the John Birch Society have claimed that DREAM could come to the floor any day now.

Now, I usually take what these nutcases say with the same skepticism I reserve for carnival fortune tellers and tent-show faithhealers ….but just to be safe, we should keep our eyes and ears open.

You can read a copy of the most current version of Durbin's bill, SA 2919 here

As to the vote numbers right now:

NumbersUSA claims they have 21 confirmed against the amendment:
Listed Here

By my count we have somewhere around 45 confirmed yes votes so far.

With that said, here's my hot-list of those undecided Senators that most need to be contacted. There will a National Call-In Day action for DREAM when the bill comes up for consideration... I'll be posting details shortly.

-DUKE'S HOT 19 -

Murkowski (R-AK) 202-244-6665
Stevens (R-AK) 202224-3004
Pryor (D-AR) 202-224-2353
Martinez (R-FL) 202-224-3041
Inouye (D-HI) 202-224-3934
Brownback (R-KS) 202-224-6521
Landieu (D-LA) 202-224-5824
Collins (R-ME) 202-224-2523
Snowe (R-ME) 202-224-5344
Conrad (D-ND) 202-224-2043
Dorgan (D-ND) 202-224-2551
Dominici (R-NM) 202-224-6621
Voinovich (R-OH) 202-224-3353
Smith (R-OR) 202-224-3753
Graham (R-SC) 202-224-5972
Johnson (D-SD) 202-224-5842
Cornyn (R-TX) 202-224-2934
Warner(R-VA) 202-224-2023
Rockefeller (D-VA) 202-224-6472

And just in case you forgot what this fight is really all about …..take a minute to listen to the story of yet another DREAM Act student:


More about the DREAM Act:
here
here
here
here

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Monday, October 1, 2007

We Have a Dream

This is the first in a series of videos that will be posted here featuring the voices and stories of those most effected by the DREAM Act.



The bill, which has been stalled in Congress for more than 4 years, would give undocumented kids, who were brought here as children and have been raised and educated in the US, the tools they need to fulfill the American dream. It would allow them to further their educations, gain meaningful and productive employment, and through their hard work and commitment, eventually earn the right to become full members society, free of the undocumented status passed on to them by their parents.

Senate Majority Leader, Harry Reid, has promised that in the next few weeks the bill will be taken up for consideration one more time. Please contact your Senators today and let them know that the children have waited long enough, worked hard enough, and followed the rules long enough ...they've earned the opportunity to now follow their dreams.


Learn more about the DREAM ACT

More on the Dream Act from MigraMatters

Contact your Senators and tell them to give these children the opportunity they deserve by supporting the DREAM Act.

YouTube Link

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Tuesday, September 18, 2007

DREAM Act Resurrected: Time to Take Action.

One would think that a bill that would allow 60,000 high school graduates a year the opportunity to pursue higher education could garner pretty widespread support in Washington, particularly given our President's commitment to educational excellence and leaving no child behind.

And if these graduates came from a segment of society which the right-wing continually claims under-performs academically and eventually becomes a burden on society, one would think winger politicians would be falling over themselves to support legislation that would enable these ethnic scholars to become more productive members of society, even if to only supply more to the tax base.

OK .. just kidding .

We all know that wingers see 60,000 immigrant kids yearning for an education and say:

"No way, your American dream ends right here, we don't care that you were raised and schooled in this country, we don't care that despite all odds, you've succeeded, we don't care that you're just as 'American' as the next kid."

…all they see are "illegal aliens"

Each year approximately 2.8 million students graduate from United States High Schools. Some of them will go on to college, join the military, or take other paths in life, hopefully all becoming productive members of society, But for approximately 60,000 of them these opportunities will never be available , not because they lack motivation, or achievement, but because of the status passed on to them by their parents. They cannot attend college, or otherwise live a full lifes. Children that grew up on American soil, respected the laws of this country, and want nothing more than to be recognized for what they are, Americans….despite the "sins of there fathers."

But it doesn't have to be this way

A simple little bill, written by Sen.Dick Durbin(D-Il), can change the situation.

At seven pages long it's got a few simple provisions that would allow thousands of kids who've worked hard and played by the rules to qualify for the exact same rights afforded every student in the nation. … the right to continue their educations and make a better life for themselves and there families.

Wingers call the legislation "just one more shamnsty" bill, because it allows those who have lived here most of there lives, and know no other home, a conditional reprieve from arrest and deportation. It allows them a chance to temporarily shrug off the yoke of their parents "misdeeds" and provides them an opportunity to prove themselves "worthy" of their adopted home.

The DREAM Act would provide a path to legality for persons brought illegally to the United States by their parents as children, or whose parents attempted to immigrate legally but were then denied legality.

To qualify, the immigrant student would have to meet certain requirements:

  • Proof of having arrived in the United States before reaching 16 years of age;


  • Proof of residence in the United States for a least five (5) consecutive years since their date of arrival.


  • Having graduated from an American High School, or obtained a GED.


  • "Good moral character," essentially defined as the absence of a significant criminal record (or any drug charges whatsoever).

After meeting the above requirements students would be eligible to apply for a temporary six year "conditional" residence permit which would allow them to live legally in the United States, obtain driver's licenses, attend college as in-state residents, work legally (including obtaining a social security number), and apply for special travel documents which would allow for travel outside of the country for limited amounts of time.

During the six years of conditional status, the eligible immigrant would be required to either:

  1. graduate from a two-year community college,

  2. Complete at least two years towards a 4-year degree, or

  3. serve two years in the U.S. military.

After the six year period, an immigrant who meets at least one of these three conditions would be eligible to apply for legal permanent resident (green card) status. During their temporary time, immigrants would not be eligible for federal higher education grants such as Pell grants, though they would be able to apply for student loans and work study.

If the immigrant does not meet the educational or military service requirement within the six year time period, their temporary residence would be revoked and he or she would be subject to deportation.

During the six years, the immigrant must not commit any crimes other than those considered non-drug related misdemeanors, regardless of whether or not they have already been approved for permanent status at the end of their six years.

Being convicted of a major crime or drug-related infraction would automatically remove the six year temporary residence status and he or she would be subject to deportation.

If the immigrant meets all of the conditions at the end of the 6-year conditional period, he or she would be granted a permanent green card with the same rights as a permanent resident alien, including the right to apply for U.S. citizenship.

It's a simple enough bill. No hundreds of pages of legal-speak and loopholes like most immigration related legislation.

The qualifications are simple and cut and dry, The "benefits" and obligations easily understood. You can read a copy here to see for yourself.

Wingers are already gearing up to fight this bill. Their spin machine of obfuscating rhetoric is ready to go. Numbers USA has already sent out hundreds of thousands of action alerts to oppose the legislation. Michele Malkin, Rush Limbaugh, Bill O'Relly and Lou Dobbs are already spreading their foul bile and propaganda.

But there's not much to debate here.

One either sees these children raised and schooled in America as future Americans …or sees them as nothing more than the products of their parents "misdeeds" who must be punished the rest of their lives as such.

Call your Senators Now (call between 9am and 5 pm)

Or e-mail your Senator

Better yet, Fax you Senator now

THE SWING VOTE LIST

The following Senators have not yet committed on the DREAM Act

If any of these are your Senators, contact them through the direct channels provided above.

If not, phone them by contacting the Senate switchboard at 202-224-3121


Alabama: Shelby
Alaska: Murkowski, Stevens
Arkansas: Pryor
Colorado: Allard
Georgia: Chambliss, Isakson
Idaho: Crapo
Indiana: Bayh
Iowa: Grassley, Harkin
Kansas: Brownback,Roberts
Kentucky: McConnell
Louisiana: Landrieu
Maine: Collins
Michigan: Stabenow
Minnesota: Coleman
Mississippi: Cochran
Missouri: Bond, McCaskill
Montana: Baucus, Tester
Nebraska: Nelson (Ben)
Nevada: Ensign
New Hampshire: Sununu
New Mexico: Bingaman, Domenici
North Carolina: Burr, Dole
North Dakota: Dorgan
Ohio: Brown, Voinovich
Oklahoma: Coburn
Oregon: Smith
South Carolina: DeMint
South Dakota: *Johnson, Thune
Tennessee: Alexander, Corker
Texas: Cornyn, Hutchison
Utah: Hatch
Vermont: Sanders
Virginia: Warner, Webb
West Virginia: Byrd, Rockefeller
Wyoming: Enzi, Barrasso

and let them know;
you support the children,
you support education,
you support fairness,
you support opportunity,
you support the Dream Act.

TALKING POINTS
1) SUPPORT the Durbin DREAM Act Amendment to the Defense Authorization (H.R. 1585)

2) Each year, thousands of immigrants who graduate from high school and who have grown up in the United States are unable to pursue their dreams of going to college because they lack legal immigration status.

3) This amendment would provide deserving undocumented immigrant students with an opportunity to apply for legal status and to continue their education.

4) Children who were not old enough to make their own decisions when entering the United States should not be held responsible for their parents' actions. They should be given an opportunity to go earn legal status and contribute to this country.

5) Providing these children with the opportunity to come out of the shadows and maximize their potential will strengthen the nation's economic foundation and remedy a clear injustice in our immigration system.



For more information see: National Immigration Law Council

Read More...

Thursday, June 7, 2007

Immigration Reform: Shame on all of us for we have failed

Twenty-one years ago, at the height of his political power, Ronald Reagan moved through Congress the Immigration Reform and Control Act of 1986. It granted amnesty to the roughly 3mil undocumented immigrants and promised increased border security and stricter enforcement of employer sanctions. We now know that that law was not only highly flawed, but set the stage for today's current immigration debate.

Today as the Senate prepares to vote on the current immigration reform bill, we are once again at a crossroads. …and once again we are about to take a path that will most assuredly lead to problems of even greater scope and scale than were ever caused by IRCA.

But before going into detail as to how great a mistake we are about to make, we need take to look at just how we got to this place


The rumblings about immigration began long before the 2004 Presidential race. Prior to being thrust into reality by the events of September 2001, a newly elected President Bush had made "immigration reform", in the form of a greatly increased guest worker program, a cornerstone of his new administration's policy agenda.

Back-burnered by world events, the issue lay dormant for a few years as a growing current of anti-immigrant sentiment grew in the right-wing of the President's party. Shortly after salvaging the 2004 election with a combination of wedge issues and personal attacks, the Republicans went looking for a new wedge to divide the Democrats and bring out the party faithful. Newly appointed Democratic Chairman, Howard Dean, warned at that time that immigration would be the next great wedge.

With a highly unpopular war, record federal and trade deficits, wage stagnation, a growing health care crisis, and an under-funded and failing education system, only a wedge issue of epic proportions could save the Republicans from sure defeat in the next election cycle.

And so the "immigration crisis" was born.

To the Democrat's delight the wedge has blown up in the Republican's face and divided the party as never before. Exposing the fragility of the coalition first put together by Nixon's Southern Strategy and honed by Reagan with the inclusion of the Christian Right and Reagan Democrats, the immigration issue, fueled by nativist xenophobia on one side and corporate greed on the other, has cleaved the party down the middle.

But in so doing, it has now left the nation equally divided and put us in a position where one of the worst pieces of legislation ever written is about to leave the Senate.

But now it is no longer solely a Republican problem. Democrats, through their inability or unwillingness to stick to the liberal and progressive ideals on which the modern party was built, are now equally culpable in enacting legislation that will manage to not only virtually enslave millions of current and future immigrants in a system of second-class citizenry, but also attacks the very working Americans who have long been the backbone of the party.

The greatest failure of the Reagan legislation, contrary to popular opinion, was not its lack of enforcement and employer oversight, or an amnesty that sent a message of permissiveness to a world anxious to take advantage of our perceived weakness.

In the years following the legislation there was no great rush to the border by all those "waiting for the next amnesty." In fact, the numbers of undocumented immigrants remained stable at around 3.5 mil for nearly ten years, until the mid-nineties, when border crossing soared.

The same is true of border enforcement. In the 21 years since the bill was enacted the number of border patrol agents has increased from 3,243 in 1986 to 11, 106 today. Spending on border security has gone from $700 mil to $2,792 mil.

Additionally with the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 hundreds of miles of border walls and fences were built along the most heavily populated and traveled illegal entry routes, yet with all this added man-power and spending, the number of border apprehensions went down from 1,692,544 in 1986 to 1,188,977 currently, while the undocumented population soared to 12 mil.

This is because the true flaw in the Reagan legislation was that it never changed the fundamental dynamics of illegal immigration because in didn't make the needed and fundamental changes in the legal immigration system.

Reagan essentially asked for a "do-over" and got it without changing the rules of the game. There were no quota changes, no changes in the number green cards issued, no change in processing of paperwork, no changes in the path to citizenship for those qualified, no provisions made for any further immigration. Basically 3mil undocumented immigrants...many of them refugees from Reagan's Dirty Wars in Central America were made legal essentially over night ...then business was resumed as usual....without addressing why there were 3 mil undocumented immigrants here in the first place.

And we are about to repeat the same situation again. In fact, outside of the roughly 3mil green cards that will be used to alleviate the backlog that was caused by our current failed system...once it's been cleared up, there will be 200,000 less green cards available on a yearly basis then there are even today…. and we all know what that will lead to....in five years or ten...we'll be right back where we started.

Additionally, we will end up with 12 million people in the perpetual limbo of the Z visa system where they will pay continual fees to remain in legal status while never being able to convert to LPR status (green card holder) due to the constraints of a merit system intended to keep them on the margins of society while favoring the kind of high-skilled workers already stressing certain sectors of the native –born workforce through the various temporary worker programs already in place such as the H1-b visa program.

These perpetual Z workers will never become citizens, never fully join society, never have a voice in the political system, and never achieve the rights all workers deserve to organize and demand fair treatment due to the fact that their very ability to stay in the country will hinge upon their ability to remain employed. If they get fired …and are not re-employed within sixty days …they lose all rights and privileges. … no matter how long they've been here.

But, perhaps the most insidious aspect of this legislation is the new temporary worker program which will serve no purpose outside of supplying a perpetual supply of little more than indentured servants to a corporate system all too willing to exploit foreign workers to keep the wages of all workers artificially low.

These are only the most glaring faults of the legislation, but anyone whose read through it can attest to the hundreds of loopholes, infringements on basic rights and protections that will not only apply to immigrants but all US citizens, capitulations to business interests and lack of protections of workers both immigrant and native-born.

But who is to blame for this monstrosity?

It's easy to blame the politicians, the corporate boogiemen, the opposition party, DINOS, RINOS, the DLC, Bush, special interests, and lobbyists.

But the only ones we can really blame are ourselves. The liberals, the progressives, the left, the unions …. All of those who are supposed to be the conscience of the Democratic party.

WE had an opportunity, after twenty one years, to right a wrong, to fix a broken system, but instead we sat back either relishing the meltdown of the opposition party, or spent the time infighting.

As we have done so many times in the past, we have allowed our small differences to divide us. Those concerned with the human rights issues surrounding immigration reform fight with those advocating for H1-b visa reform. Those who favor guest worker programs as a path towards citizenship fight with those who oppose the plans on the grounds they are exploitive.

We have allowed those who first brought this issue to the forefront to frame the debate. We argue in the language of the Republican right and corporate wings. We argue in the language of Lou Dobbs, Tamar Jacoby, Tom Tancredo and George Bush. "Open Borders", "willing employers" "amnesty", "rule of law", "xenophobe" "anchor baby", "Mexican invasion", "English only", "Nation of immigrants", "Jobs Americans won't do"...this is how we have argued this debate….and shame on us for doing so.

These are their words … not ours. These terms were not part of the Democratic lexicon. They were spawned in the think tanks and PR firms of the Manhattan Institute and Frank Luntz.

We could have held firm to our values and beliefs as liberals and progressives.

  • We could have focused on workers rights and workplace enforcement of labor laws.


  • We could have focused on addressing the root causes of migration and demanded changes to trade agreements and foreign policy to guarantee a change of the conditions in sender nations.


  • We could have worked to change the quota system to ensure that it reflected our true labor needs as opposed to those imposed by corporate interests.


  • We could have demanded that all new immigrants were guaranteed the same worker protections and rights afforded all workers to end the exploitive practices that lower wages for all.


  • We could have ended all the exploitive guest worker programs that lower standards for all workers.


  • We could have fixed the legal immigration system so that it worked for all Americans and those wishing to become Americans.


But instead we dropped the ball. We allowed ourselves to lose sight of our core beliefs and got caught up in a Republican cat fight.

We could have led on this issue - instead we followed. And now we will reap what we have sown.

To those who sat back and watched the Republican melt-down in glee, I say shame on you.

To those who allowed themselves to be blinded by the faux populism of the Republican right, I say shame on you.

To those whose rigid adherence to humanitarian concerns allowed them to lose sight of the bigger picture, I say shame on you.

To liberals, progressives and Democrats, I say shame on us…shame on us all.

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Monday, June 4, 2007

This week's upcoming immigration fight

The Senate spent most of today's afternoon session on little more than a series of long-winded speeches in attempts to set the stage for this weeks upcoming immigration fight.

Tomorrow morning the main event should resume with a series debates on proposed amendments and voting.

With the defeat of the Vitter (R-LA) amendment to strike title VI from the bill by a vote of 29-66 and the Dorgan (D-ND) amendment to kill the Y-visa program by a vote of 31-64 during the first week of debate, it's appearing as though the bill's opponents will not be able to muster the needed votes to kill this legislation in the Senate.

Having tested the two most controversial aspects of the bill, the earned legalization provisions that have been characterized as "amnesty" by the right, and the guest worker program opposed by those on both sides of the debate - and failed on both accounts - it looks highly unlikely that opponents will be able to stop the bill on lesser grounds.

Not surprisingly, the World Street Journal reported this past weekend that business interests have now moved their lobbying efforts over to the House.


In a further sign that passage is expected, business lobbyists and others seeking changes in the bill already were starting to make their cases in the House, which would take up the issue after Senate passage. The Bush administration was pushing hard for a top business priority: increasing the number of laborers who would be allowed in each year under a new temporary-worker program.

WSJ

The same is true of those on the left looking to modify the legislation. The Mexican American Political Association (MAPA) has advised that while still working to make the Senate bill more palatable through the amendment process, it is now the House that should become the center of focus.

The debate on and the amendments to the "grand bargain" in the Senate will continue this week, but shortly the debate will move to the House. In reality, this is where we will have more leverage. The main focus of our attention should be on the House Subcommittee on Immigration, chaired by Congresswoman Zoe Lofgren.

Link


Yet with that said, there are still many important amendments to be considered by the Senate, and they will be taking up 14 of them in the next few days...some the bill's architect, Jon Kyl (R-AZ), characterized today as deal breakers.

This weeks upcoming amendments

Those highlighted in red are highly troubling and should be opposed by all looking for meaningful progressive reform

  1. Grassley 1166 - This amendment would broaden the restriction on judicial review of visa revocations. Currently, judicial review of visa revocation is already severely restricted. Judicial review is, however, permitted in the context of removal proceedings if the revocation is the sole ground for removal.

  2. Cornyn 1184 - The amendment severely limits who would be eligible for legalization programs. Makes anyone who is inadmissible under 212(a) ineligible for the legalization program. This is virtually the entire undocumented population. Also makes ineligible anyone unlawfully present for one year or more and subsequently reentered. Significantly expands class of “Aggravated Felony” crimes and makes them retroactive. Gives the AG unreviewable discretion to use secret evidence to determine if an alien is ‘described in’ the national security exclusions within immigration law. Adds new grounds of deportability for convictions relating to social security account numbers or social security cards and convictions relating to identity fraud

  3. Dodd-Menendez 1199 - amendment would undo damage in the compromise that makes it more difficult for the parents of U.S. citizens to obtain a visa. The compromise would place a limit on the number of visas for parents at roughly half the current usage. The amendment retains the limitation but raises it to 90,000 visas per year or roughly the current usage.

  4. Menendez-Hagel 1194 - to extend the date for those eligible for back-log reduction green cards from May 2005 to Jan. 2007 to ensure that the entire family backlog already in line to become legal permanent residents will get addressed. The current bill would essentially toss out all applications filed after May 2005. Also calls for increased quotas in all categories (family based, employment based, and asylum/refugee) of green cards set aside for back-log reduction.

  5. McConnell 1170 - Each State shall require individuals casting ballots in an election for Federal office in person to present a current valid photo identification issued by a governmental entity before voting. Each State shall be required to comply with the requirements of subsection (a) on and after January 1, 2008

  6. Feingold 1176 – to set up a commission on wartime treatment of European Americans of Italian and German decent during WWII and a commission to address the wartime treatment of Jewish refugees during WWII.

  7. Durbin-Grassley 1231 - to require all employers seeking a Y worker to first attempt to recruit US workers. Removes exemptions for employers in occupations and areas that the DOL has determined there is a shortage of US workers.

  8. Sessions 1234 - to deny Earned Income Tax Credit to Y and Z visa holders paying back taxes.

  9. Sessions 1235 - to deny Earned Income Tax Credit to legal immigrants with less than five years in the US,

  10. Lieberman 1191 - to improve treatment of immigrants seeking asylum and to establish clear standards for treatment of immigrants in detention.

  11. Allard 1189 - to remove the supplemental schedule for merit-based points for Z visa holders that gives credit for past employment, home ownership and having medical insurance when applying for green cards. In essence would eliminate the majority of Z visa holders from eventually obtaining permanent residency.

  12. Cornyn 1250 - removes the confidentiality protections for legalization applicants and orders the Secretary of Homeland Security and the Secretary of State to provide the information furnished in applications filed under section 601 and 602, and any other information derived from such furnished information, to any law enforcement entity, intelligence agency, national security agency, component of the Department of Homeland Security, court, or grand jury in connection with a criminal or civil investigation.

  13. Clinton-Hagel 1183 - to ensure that the spouses and children of legal permanent immigrants can immigrant into the United States to be with their family members.

  14. Obama-Menendez 1202 - to sunset the point system after five years. The Senate never had the opportunity to debate the system out in the open; the result is a proposal that would gut family-sponsored immigration


Call your Senators – 1-800-417-7666 in English or 1-800-882-2005 en Espanol

UPDATES:

Grassley (#1166) abolishing judicial review on visa revocations made by the Secretary of State. Agreed to by unanimous consent on 6/4/07

Allard (#1189) to remove the supplemental schedule for merit-based points for Z visa holders. Failed by vote of 62-31 on 6/5/07

Durbin-Grassley (#1231) to require all employers seeking a Y worker to first attempt to recruit US workers. Passed 71-22 on 6/5/07

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Thursday, May 24, 2007

The good, bad and ugly: Today's Senate immigration action

It's a given that no one likes the current immigration compromise moving through the Senate. So there's no need to rehash all the pro's and con's of the bill.

But since there is still a chance this thing might see the light of day and actually make it out of the Senate, it's important to try our best to influence those who are supposed to represent us to make the necessary changes to it.

In general, the debate thus far has followed a predictable path. Democrats, in concert with the labor unions and the immigrants-rights lobby, have been trying to limit guest worker programs and add more labor protections to them. They have also tried to ease the quotas and restrictions on family based immigration and family reunification.

The Republican immigration hawks are trying to stiffen penalties and limit participation in legalization programs, and the corporate wings of both parties are just trying to get the bill through with as few changes as possible.

Yesterday we had one major change to the bill when the total number of Y-visas guest workers was cut in half. There were also a few important modifications made by both side of the aisle.

  • Senator Bingaman (D-NM) entered an amendment to cut the number of Y-visa guest workers from 400k to 200K – despite opposition from Kennedy (D-MA) and Martinez (R-FA) - the amendment passed - 74-24.

  • Senator Feinstein (D-CA) introduced an amendment that attempts to improve the way the federal government treats those unaccompanied alien children in its custody who have no other family members in this country - amendment was agreed to by voice vote.

  • Senator Graham (R-SC) introduced an amendment calling for mandatory minimum penalties for those who have been removed from the country and attempt to reenter unlawfully. The amendment calls for a minimum mandatory jail sentence of 60 days for anyone previously removed and who attempt an unlawful reentry or is found to be present unlawfully in this country. It also calls for jail sentences ranging from a minimum of one year to a maximum of 20 years for those who attempt to reenter unlawfully after having been convicted, prior to removal, of 3 misdemeanors or 1 felony. - amendment was accepted by unanimous consent.

  • Senator Gregg (R-NH) introduced an amendment to provide additional resources aimed at shoring up the southwest border, above what is already called for in the underlying bill. Specifically, the amendment calls for an additional 375 miles of real and virtual fencing along the border, additional CBP agents, and detention beds above what is already called for in the underlying bill It also requires certification that the requirements have been satisfied before implementation of certain other provisions in the larger bill can be triggered , including the new worker program. Finally, that the Secretary of DHS certify in writing that they have achieved and demonstrated operational control over 100% of the U.S.-Mexico land border. - amendment was accepted by voice


That brings us to today's action:

THE GOOD

Menendez/Hagel Amendment - amendment to restore the ability of over 800,000 U.S. citizens to be reunited with close family members. Without this bipartisan amendment, they would lose their place in the legal immigration line and get shifted into the untested and unpredictable Point System for visa allocation. Reducing opportunities for citizens who have waited to be reunited with close family members should not be part of the overall compromise. This amendment limits the damage to families and should be the first amendment to be debated and voted upon today.

Clinton/Hagel Amendment – this amendment would treat spouses and minor children of permanent residents as 'immediate relatives' for immigration category purposes. If adopted, the amendment would mean that spouses and minor children would no longer have to endure up to five years of waiting for their visas.

Menendez/Obama Amendments - offer two amendments that would reduce the negative impact on family reunification that would be created by the new Point System. (1)would end the Point System after 5 years unless Congress studies and extends it and (2) give family members a better chance of emerging from the Point System with enough points to qualify for a visa

Dodd/Hatch Amendment - This bipartisan amendment would undo damage in the compromise that makes it more difficult for the parents of U.S. citizens to obtain a visa. The compromise would place a limit on the number of visas for parents at roughly half the current usage. The amendment retains the limitation but raises it to 90,000 visas per year or roughly the current usage.

Sanders (I-V) Amendment(#1223) an amendment to significantly increase employer fees on H-1B Visas and use the resulting resources for scholarships in math, science, engineering and nursing education. The scholarship program would award merit-based scholarships of up to $15,000 per year for students to pursue associate, undergraduate or graduate level degrees in mathematics, engineering, nursing, medicine, or computer science. The scholarships would be awarded to over 65,000 American students each year and would be funded by increasing the current $1,500 employer fee per H-1B worker to $8,500 per worker.


THE BAD

McCaskill Amendment - . In addition to the $5,000 fine, would add various application fees and eight or more year process for eventual legal status that is already in the compromise, the potential McCaskill Amendment would force individuals seeking legal status to admit to the misdemeanor of entering the United States without authorization and to perform hundreds of hours of 'community service.'



THE UGLY

Cornyn (R-TX) Amendment - Expanding Restrictions on Immigration Benefits and Due Process (#1184)
The amendment severely limits who would be eligible for legalization programs. Makes anyone who is inadmissible under 212(a) ineligible for the legalization program. This is virtually the entire undocumented population. Also makes ineligible anyone unlawfully present for one year or more and subsequently reentered. Significantly expands class of “Aggravated Felony” crimes and makes them retroactive. Gives the AG unreviewable discretion to use secret evidence to determine if an alien is ‘described in’ the national security exclusions within immigration law. Adds new grounds of deportability for convictions relating to social security account numbers or social security cards and convictions relating to identity fraud

Coleman (R-MN) Amendment– (#1158) - an amendment to outlaw state and local policies that prevent their employees—including police and health and safety workers—from inquiring about the immigration status of those they serve if there is “probable cause” to believe the individual being questioned is undocumented. Essentially outlaws "sanctuary" legalization or policies by municipalities and states. There is no exception where such policies are necessary to protect the health and safety or promote the welfare of the community


There are probably a few I've missed as these amendments are coming out fast and furious.

Please take the time to call your Senators to let them know what you think of these various amendments.

If we are to end up with this legislation passing, we need to do all we can to make sure it's at least better than what we started with at the beginning of the process. It will be a long summer of immigration debate so get ready to start participating ....or you've got no one to blame but yourself if when it's all over and you don't like what we end up with.

Call the Capitol Switchboard at (202) 224-3121 to be directly connected to your Senators’ offices. OR Call your senators using this toll-free number: 1-800-417-7666



[UPDATE]: 6:00 PM EST - Coleman Amendment defeated by one vote. - Sanders Amendment passes 59-35

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