amnesty

The Senate "Gang of Eight" immigration bill, S. 744, now wending its way through the Judiciary Committee, has been sold as a "pathway to citizenship" for the estimated 11 million illegal aliens. It does a lot more damage than that, and the public needs to understand what's in it.

Just a few years ago, key members of the "Gang of Eight" would have seemed content to enact the so-called Dream Act — a more modest amnesty for about 500,000 to 700,000 aliens brought here as young people. This has been replaced with a massive proposal that tries to rewrite virtually every aspect of U.S. immigration law, and not for the better.

Why the big reach now? Because the bill's major sponsors figure the stars have aligned and that it is time to go for broke. Under prodding from President Obama and the supervision of Sen. Charles E. Schumer, New York Democrat, S. 744 is not just a big amnesty — it goes way beyond that in ways the mainstream media haven't reported. Mr. Schumer has assembled a wish list for every special-interest group that profits from immigration either financially or politically. In doing so, the public and national security interests are in very real danger of irreparable damage.

If you care about effective and enforceable immigration policies, you need to pay attention. The bill has the potential to change everything that makes America a great place to be. Overcrowding, congestion, unemployment and even larger deficits will be the new norm.

Mr. Schumer has presided over the crafting of a stealthy legislative monster that would render any limits on immigration meaningless. Through its 867 pages, the bill explodes overall immigration — more than 50 million people will gain permanent residence or temporary work status in just the next 10 years — while rendering asylum, refugee and immigration laws virtually unenforceable. On top of the expected administrative anarchy, the huge increases in overall immigration could set off the biggest unmanaged population increase in modern history.

Mr. Schumer is not to be underestimated. A 30-year veteran of immigration law and policy, he knows how to design a program to maximize the inflow while derailing integrity. He gave us the fraud-ridden agricultural amnesty in 1986, viewed by most experts as having been riddled with fraud.

Mr. Schumer has built on this experience by authoring a bill designed to promote fragmentation, dysfunction and delay. Instead of actual border security, S. 744 promises us a plan to secure the border, with no consequence for failing to implement it. It hands lawyers carte blanche to tie our legal system in knots litigating denied amnesty claims, even on behalf of criminals and people who have already been deported. The bill would dramatically expand the admission of both skilled and low-skilled labor, while widening the grounds for gaining asylum beyond what is justified by law and common sense.

This bill is a political power grab by those who would sell off residency in the United States to the highest bidder — using a public asset for personal and party gain. Mr. Schumer and the rest of the "Gang of Eight" think they can get away with it because the American people — who still care about borders and the collective good — do not have powerful Washington lobbyists looking out for their interests.

The drafters know the details of the bill would be extremely unpopular if they were widely known, which is why it is being rushed through the Senate before anyone can even fully digest it. After just a handful of stacked hearings, S. 744 is now being rushed through markup in an effort to get it to the floor by June.

The American people need to know more about what is in this bill, and the media have the obligation to explain the scope and probable effects of this bill. Amazingly, even in the wake of the Boston bombings, concerns about the national security implications of the bill have not only not been explored, but dismissed as obstructionist.

S. 744 is much more than a big amnesty program. It shreds our immigration-control system and enshrines every fear that Americans have regarding our loss of border and administrative management. Passing bills first and reading them later is a prescription for disaster. We can only have an honest discussion about our national immigration future if we all have an honest opportunity to read and study the bill.

Dan Stein is president of the Federation for American Immigration Reform. Read more about No need for speed on immigration bill

On Tuesday, May 21st, state and local groups around the country will hold a series of press conferences to highlight their opposition to S. 744, the Senate’s comprehensive amnesty bill. The goal is to call attention to the bill’s many failings and to promote an immigration-enforcement approach to reform.

An Arizona-based coalition called Remember 1986 took the lead in coordinating the press conferences. The coalition’s press conference web site page contains a list of planned events. In many instances, participants will be delivering to Senators NumbersUSA petitions that have been signed by a state's citizens.

The events will especially spotlight three key factors about the Gang of Eight immigration bill:

• It won't stop the next amnesty: Its format of amnesty first and enforcement later is the same as the 1986 amnesty in which "later" never came and enforcement promises were all broken.
• It is an attack on the 20 million Americans who can't find a full-time job: The bill doubles legal immigration to meet the desires of a gang of corporate lobbyists to continue to hold down wages. All-told, the bill offers 33 million lifetime work permits to 11 million illegal aliens and 22 million new immigrants in the first decade alone.
• It adds a massive unfunded mandate to government spending and debt: The Heritage Foundation studied the costs of the bill only for the 11 million illegal aliens who would get the amnesty. It projected $9.4 trillion in government services over their lifetime, but only $3.1 trillion in taxes, leaving a net cost of $6.3 trillion.

  Read more about National Press Day Opposing Comprehensive Amnesty Bill

A Federal judge on Thursday refused to halt Gov. Jan Brewer’s order that denies driver’s licenses for illegal aliens in Arizona who have gotten work permits and avoided deportation under Barack Obama’s “DACA” virtual amnesty.

The decision by U.S. District Judge David Campbell rejects the argument by immigrant rights advocates who said Brewer’s policy was unconstitutional because it’s trumped by federal law – an enormous victory for Arizona and defeat for Obama, which should immediately rally other states to deny licenses as well.

Arizona’s refusal to view those in President Barack Obama’s Deferred Action for Childhood Arrivals amnesty program as legal residents has become the most visible challenge to his announcement in June that some young immigrants would be protected from deportation. The Department of Homeland Security has said illegal aliens with work permits issued under the policy are lawfully present in the U.S.

Brewer’s lawyers argued that Obama’s policy isn’t federal law and the state has the authority to distinguish between illegals with work permits who are on the path toward permanent residency and those benefiting from Obama’s policy. The state’s lawyers argued Arizona isn’t violating its own policy by refusing to grant licenses to the immigrants in the program, because the youths haven’t been granted legal protections by Congress.

This is the same argument being made by ICE agent leader Chris Crane, who is suing Obama and DHS to halt this unlawful decree.

Obama, in July 2012, said people younger than 30 brought to the U.S. before they turned 16 could apply for “deferred action”. They will be granted work permits and Social Security numbers. As SWA detailed at the time, Obama’s amnesty order is ripe for abuse, as it has almost no safeguards against fraud.

Currently, Arizona, Iowa, and Nebraska prohibit driver’s licenses to DACA recipients, while California, Texas and Florida grant the licenses. Michigan initially denied licenses – until the DHS memo was released, whereupon they reversed course and will now grant them. North Carolina is currently waffling over whether or not to do so.

Each state must decide the issue for itself, according to the American Association of Motor Vehicle Administrators, which said, “At the end of the day, it’s a state-issued document, and the state has the authority to determine who is eligible for that document.”

We salute Gov. Brewer for standing tall for the rule of law – and directly against Obama – on this critical issue, where others have sadly floundered. We call on citizens to contact their governors to deny all illegal aliens drivers licenses, and cite this critical Federal judicial ruling to back it up.

Gov. Brewer issued a statement regarding the court’s order tonight…

Earlier tonight, a federal court UPHELD my Executive Order and Arizona’s law denying driver’s licenses to illegal aliens who President Obama has allowed to remain in our country under his outrageous deferred action program. The court ruled that Obama’s program DOES NOT preempt Arizona’s ability to determine who can re…ceive a driver’s license. This is a great victory for state’s rights and the rule of law! As Governor, I have taken an oath to uphold the laws of Arizona and I will continue to vigorously defend the citizens of Arizona and the duly-enacted laws of our State.

WTG Governor! Read more about Victory: federal Judge Upholds Arizona Governor Brewer's Order Denying Licenses to Illegal Aliens

A national biometric database of virtually every adult in the United States would be created under the comprehensive immigration reform legislation currently being debated in the Senate.

Such a database, introduced on page 178 of the 844-page bill, has privacy groups fearing that it is the first step toward a national identification system, Wired.com reports.

The reform bill would create a “photo tool” — a huge federal database — that would be administered by the Department of Homeland Security, Wired reports.

It would contain the names, ages, Social Security numbers and photographs of everyone in the nation with a driver’s license or other state-issued photo ID.

Employers would be required to check the database for every new hire to verify that they match their photo, Wired reports.

The database seeks to curb the employment of undocumented immigrants, but privacy advocates fear widespread abuse on many levels.

“It starts to change the relationship between the citizen and state. You do have to get permission to do things,” Chris Calabrese, a congressional lobbyist with the American Civil Liberties Union, told Wired. “More fundamentally, it could be the start of keeping a record of all things.”

The legislation currently allows the database to be used solely for employment purposes — though such limitations haven’t lasted long historically, privacy advocates say.

They cite the Social Security card, created in 1936 to track individual government retirement benefits.

Now, the number is necessary virtually any major purchase, including health insurance.

“The Social Security number itself, it’s pretty ubiquitous in your life,” Calabrese said.

David Bier, an analyst with the Competitive Enterprise Institute, the libertarian think tank, agreed.

“The most worrying aspect is that this creates a principle of permission basically to do certain activities — and it can be used to restrict activities,” Bier told Wired. “It’s like a national ID system without the card.”

The Senate Judiciary Committee has not yet examined this part of the immigration bill, formally known as the Border Security, Economic Opportunity, and Immigration Modernization Act.

Debate is scheduled to continue on Thursday. Read more about Immigration Reform Bill Includes National Biometric Database

Earlier this today, the Heritage Foundation released its analysis on the fiscal costs to U.S. taxpayers should the Gang of Eight's amnesty bill pass in Congress. The study found that an amnesty for the nation's 11 million illegal aliens would cost taxpayers $6.3 trillion over the lifetime of the illegal aliens. The study compared dozens of ways that the government would collect taxes and fees from amnestied illegal aliens against the benefits they would receive from the federal government.

The study assigns all federal benefits to four separate categories:

• Direct benefits. These include Social Security, Medicare, unemployment insurance, and workers' compensation.
• Means-tested welfare benefits. There are over 80 of these programs which, at a cost of nearly $900 billion per year, provide cash, food, housing, medical, and other services to roughly 100 million low-income Americans. Major programs include Medicaid, food stamps, the refundable Earned Income Tax Credit, public housing, Supplemental Security Income, and Temporary Assistance for Needy Families.
• Public education. At a cost of $12,300 per pupil per year, these services are largely free or heavily subsidized for low-income parents.
• Population-based services. Police, fire, highways, parks, and similar services, as the National Academy of Sciences determined in its study of the fiscal costs of immigration, generally have to expand as new immigrants enter a community; someone has to bear the cost of that expansion.

Robert Rector, who conducted most of the research for the report, has been studying government-funded services for years and has found that only households with high levels of education pay more in taxes over their lifetime than those with lower levels of education.

The Pew Hispanic Center estimates that only 15% of illegal aliens have at least a college degree, while nearly three out of every four illegal aliens has no more than a high school diploma. Rector used government data similar to Pew's data to reach his conclusion.

Through Rector's research, he's determined that the average illegal-alien household receives around $24,721 in government services, while only paying $10,334 in taxes, amounting to a $14,387 net cost to the American taxpayer. That cost would obviously continue, but legalization of the illegal alien population would also make them eligible for many other forms of federal benefits, primarily Medicare and Social Security in retirement, once they receive green cards and citizenship.

The final phase of amnesty is retirement. Unlawful immigrants are not currently eligible for Social Security and Medicare, but under amnesty they would become so. The cost of this change would be very large indeed.

• As noted, at the current time (before amnesty), the average unlawful immigrant household has a net deficit (benefits received minus taxes paid) of $14,387 per household.
• During the interim phase immediately after amnesty, tax payments would increase more than government benefits, and the average fiscal deficit for former unlawful immigrant households would fall to $11,455.
• At the end of the interim period, unlawful immigrants would become eligible for means-tested welfare and medical subsidies under Obamacare. Average benefits would rise to $43,900 per household; tax payments would remain around $16,000; the average fiscal deficit (benefits minus taxes) would be about $28,000 per household.
• Amnesty would also raise retirement costs by making unlawful immigrants eligible for Social Security and Medicare, resulting in a net fiscal deficit of around $22,700 per retired amnesty recipient per year.

In terms of public policy and government deficits, an important figure is the aggregate annual deficit for all unlawful immigrant households. This equals the total benefits and services received by all unlawful immigrant households minus the total taxes paid by those households.

• Under current law, all unlawful immigrant households together have an aggregate annual deficit of around $54.5 billion.
• In the interim phase (roughly the first 13 years after amnesty), the aggregate annual deficit would fall to $43.4 billion.
• At the end of the interim phase, former unlawful immigrant households would become fully eligible for means-tested welfare and health care benefits under the Affordable Care Act. The aggregate annual deficit would soar to around $106 billion.
• In the retirement phase, the annual aggregate deficit would be around $160 billion. It would slowly decline as former unlawful immigrants gradually expire.

  Read more about Heritage: Amnesty will Cost U.S. Taxpayers $6.3 Trillion

The Gang of Eight has stated, “this legislation does not significantly increase long-term, annual migration to the United States” and has indicated the legislation shift the United States from low-skill and chain migration to high-skill merit-based. Conspicuously, however, they have refused to provide an estimate of future flow. A conservative analysis of the legislation, with low-range estimates for the new and expanded visa programs, reveals that the proposal would dramatically increase the future flow of low-skill workers and chain migration and provide legal status and work authorization to 30 million immigrants over the next 10 years—who will then be able to bring in family members, initiating a wave of non-merit-based chain migration that will greatly increase low-skilled immigration.

Here is a shorthand way of looking at the explosive growth in the number of people who will be granted work authorization and permanent residency over the next 10 years, largely on a non-merit based track:

· An estimated 2.5 million DREAM beneficiaries of any age (including those no longer living in the country) will be eligible for citizenship in five years.

· DREAM beneficiaries will be able to bring in an unlimited number of parents, spouses, and children (not subject to any cap) and those spouses,  children, and parents will get permanent legal status in five years and be eligible for citizenship in 10.

· An estimated 800,000 illegal agricultural workers will become legal permanent residents (green card holders) in five years and will then be eligible to bring in an unlimited number of spouses and children.

· An estimated 8 million additional illegal immigrants, including recent arrivals and millions of visa overstays, will receive legal status and work authorization. These 8 million will be able to bring in their relatives as soon as 10 years from now. Those relatives, over time, will be able to bring in spouses, children, and parents.

· An estimated 4.5 million aliens awaiting employment and family-based visas under current cap limitations will be cleared in less than 10 years, not subject to the family-based annual cap (thus freeing up room for more family-based migration that is subject to the annual cap).

The bill increases the level of immigration through current and new visa systems. Here are just some examples of how the bill increases legal immigration through visas:

· The bill creates a new merit based visa, which allows for up to 250,000 visas annually. If a little over half of the visas are issued over a 10-year period, the increase in the number of immigrants would be 1,250,000.

· The bill creates a new guest worker program (W-1) for low-skilled workers with a cap of 200,000 visas annually. If a little over a half of the guest workers visas available are issued over a 10-year period, the increase in the number of immigrants would be 1,000,000.

· The bill creates a new nonimmigrant agricultural workers program (W-3 & W-4 visa) which allows up to 112,333 annually. If half of the visas are issued over a 10-year period, the increase in the number of nonimmigrants would be 561,665.

· The bill exempts Priority Workers (EB-1 under current law), STEM graduates, and spouses and children of LPRs from the employment-based visa caps. By taking the average number of immigrants in the two exempt categories over the past 10 years, the exemption will account for an additional 762,000 immigrants over 10 years.

· The bill increases the H-1B visa cap up to 180,000 with a floor of 110,000. If half of the H-1B visas are issued over a 10-year period, the increase in the number of immigrants would be 1,450,000.

· The bill leaves current employment visa caps unchanged and moderately decreases family caps, allowing 301,000 visas a year with some exemptions, but allows for unused visas from 1992 through 2013 to be recaptured. Over a 10-year period, the number of legal immigrants would be 3,879,094.

The total number of immigrants obtaining legal status from the programs listed above is 24,702,759 over a 10-year period. That number does not include other immigrant and nonimmigrant visa programs in the bill (e.g. refugee and asylum seekers, W-1 visas, W-2 visas, W-3 visas, W-4 visas), nor does it include student visas who are now allowed dual intent.

The Gang of Eight’s bill will drastically increase low-skill chain migration. Some of the chain categories are subject to an annual family-based visa cap of 161,000, including adult unmarried sons and daughters of citizens or LPRs, and married sons and daughters (under the age of 31) of U.S. citizens. However, the bill completely exempts the largest categories of chain migrants from the family- and employment-based visa caps, including spouses and children of LPRs or citizens and parents of citizens. The following illustrates how the exempt chain migration categories will dramatically increase the future flow by millions of immigrants over the next 10 years:

• An estimate 2–3 million DREAM beneficiaries are eligible for legal permanent residency and citizenship after just 5 years. After receiving LPR status, the DREAMers may bring a spouse and child through the bill’s exempt chain category and, once granted citizenship, can bring their parents as well (not subject to cap). Assuming 1 million DREAMers bring any combination of two people, the future flow of immigrants would increase by over 2 million. This does not include other chain migrants that a DREAMer may petition under the caps, including adult unmarried sons and daughters, and married sons and daughters. Subsequently, the chain migrants will have the same opportunity to petition for their relatives in the same manner as the DREAMers.

In sum, over the first decade, the total number granted will be well over 32 million (not taking into account chain migration from increased legal flow). Adding in all the various categories of nonimmigrant work visas, and the number climbs to more than 57 million. Further, because approximately 7 million illegal immigrants are on a 13-year track to citizenship, there will be a second wave of chain migration initiated just outside the 10-year window (substantially increasing the net low-skill immigration).
  Read more about Analysis of Future Flow In Gang of Eight Plan: More than 30 Million Immigrants Granted Legal Status In 10 Years, With The Ability To Bring Their Relatives

In a telling vote early Saturday morning, the Senate rejected an amendment (#614) by true immigration reformer Sen. Jeff Sessions (R-AL) to the Senate's 2014 budget bill that would deny illegal aliens ObamaCare and Medicaid in the event Congress passes an amnesty bill later this year. (The Hill, Mar. 23, 2013)

"My amendment would simply say if you are here illegally and then get lawful status, you do not qualify for ObamaCare and Medicaid," explained Sen. Sessions ahead of the vote. (The Hill, Mar. 23, 2013) Long-time pro-amnesty Senator Bob Menendez (D-NJ), a member of the Senate "Gang of Eight" who was recently investigated for hiring an illegal alien intern, argued against the Sessions' amendment, saying "current law already explicitly excludes undocumented people from receiving benefits." (Id.)

Although illegal aliens are prohibited from receiving subsidized healthcare under ObamaCare, non-immigrants and immigrants (green card holders) are allowed coverage. This means that if Congress grants amnesty to the 11-12 million illegal aliens currently in the U.S., those aliens will be eligible for subsidized healthcare from day one of legalization. So far, the Senate "Gang of Eight" proposal does nothing to prohibit illegal aliens from receiving these benefits.

Republican Senators Susan Collins (ME) and Lisa Murkowski (AK) voted with the Democrat majority to deny the sensible reform measure 43 to 56. To see whether your Senators voted to support subsidized healthcare for amnestied aliens, check the vote here. To find your Members of Congress to tell them to oppose Obamacare and other benefits for amnestied aliens, click here. Read more about Senate Rejects Amendment to Deny Amnestied Illegal Aliens ObamaCare