illegal immigration

SALEM — Medford state representative Sal Esquivel and a fellow GOP legislator want voters to decide whether to overturn a new law that allows illegal immigrants in Oregon to obtain driver's licenses.

Esquivel, Rep. Kim Thatcher of Keizer and Portland activist Richard LaMountain with the group Oregonians for Immigration Reform are sponsors of a referendum submitted to the Secretary of State's Office Wednesday.

Referendum supporters will have to work quickly if they want to make the November 2014 ballot. They'll have to gather more than 58,000 valid signatures from registered voters within 90 days after the Legislature adjourns.

The law is scheduled to take effect Jan. 1, but it would be put on hold until after the election if referendum proponents successfully force a vote.

Critics say the law rewards illegal actions and might encourage more people without legal documents to come to Oregon.

"If someone is willing to disregard immigration laws, what other laws are they willing to disregard?" Thatcher said last month.

Esquivel, the son of immigrants, questioned the value of the law in a May 1 story in the Mail Tribune.

"They broke the law getting in the country, broke the law working, broke the law driving and broke the law by being uninsured," Esquivel said. "... I don't see where the card makes them buy insurance. Let's face the facts. They're not going to buy it."

Supporters, however, say it would make Oregon's roads safer by reducing the number of unlicensed and uninsured drivers.

"(The referendum) is trying to make this about immigration when this is a public safety issue about Oregon's roads," said Jeff Stone, director of Oregon Association of Nurseries and an architect of the law.

Stone said he's disappointed by the referendum, especially because the legislation passed with bipartisan support.

Gov. John Kitzhaber signed the bill last week before a throng of cheering supporters in front of the Capitol.

The law would allow tens of thousands of immigrants living in Oregon without legal permission to get driver's licenses good for four years, half as long as a standard Oregon license. Immigrants and others who don't have documents proving they are in the country lawfully, including elderly and homeless people, could apply for the driver's licenses if they've lived in Oregon for at least a year and meet other requirements.

The restricted driver's licenses could not be used to vote, board a plane or buy a firearm. The licenses would be marked "Driver's Card" to distinguish them from a standard Oregon license.
  Read more about Esquivel files to kill new driver's licence law

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

A man who investigators described as the kingpin of the county’s second-largest known drug operation has entered a plea of guilty as part of a negotiated agreement with the prosecution.

Rogelio Gonzalez-Martinez, 37, of Lebanon, pleaded guilty in Benton County Circuit Court on Monday to one count of racketeering and to five counts related to dealing methamphetamine. Dismissed in exchange were remaining charges of racketeering and of dealing meth, cocaine and heroin.

His sentencing hearing has not yet been scheduled.

Prosecutors from the Benton County District Attorney’s Office and the Oregon Department of Justice, and Gonzalez-Martinez’s defense will argue his potential sentence before Circuit Court Judge Matthew Donohue.

Gonzalez-Martinez and 26 others were arrested in March 2012 after area law-enforcement agencies served more than three dozen search warrants as part of a drug bust, which they dubbed Icebreaker 2.

His brother — Abel Gonzalez-Martinez — and Juventino Santibanez-Castro, who investigators identified as the other top men in the operation, were each sentenced to 10 years in prison last December.

The enterprise involved bringing in “substantial amounts” of cocaine, heroin and methamphetamine from Mexico for distribution throughout Oregon, according to court testimony.

The raid came almost five years to the day after another huge drug bust, dubbed Ice Breaker, which remains the largest criminal sweep in Benton County’s history. Some of the people arrested in the Ice Breaker 2 raid had ties to the first Ice Breaker case, authorities said.
  Read more about Kingpin behind Ice Breaker 2 drug enterprise pleads guilty

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

“The revised [Gang of Eight] 867-page bill contains multiple changes from the first 844-page version, released April 18, but Democrats have not announced any delay to the committee review of the complex bill that begins next week. The bill includes roughly 1.14 waivers or exemptions per page. By comparison, the 2,409-page Obamacare law includes 0.78 waivers and exemptions per page… NumbersUSA has estimated that 33 million extra people would be able to apply to live in the United States because of the immigration bill, under the terms of the original draft.”

The Senate’s “Gang of Eight” has released a new version of the immigration bill that contains 999 references to waivers, exemptions and political discretion.

The revised 867-page bill contains multiple changes from the first 844-page version, released April 18, but Democrats have not announced any delay to the committee review of the complex bill that begins next week.

The bill includes roughly 1.14 waivers or exemptions per page. By comparison, the 2,409-page Obamacare law includes 0.78 waivers and exemptions per page.

The Obamacare law contains 1,882 mentions of “unless,” “notwithstanding,” “except,” “exempt,” “waivers,” “discretion” and “may.” “Waiver” is mention 209 times in the law.

The new draft of the immigration bill — which will allow officials much control over the supply and cost of labor needed by American companies — has 85 mentions of “unless,” 150 uses of “except,” 18 inclusions of “exempt,” 92 mentions of “waiver,” 42 offers of “discretion,” 47 use of “notwithstanding” and 618 uses of “may” in the 876-page bill.

The Daily Caller subtracted mentions of “may not” from both bills’ final tally of exemptions and options.

President Barack Obama backs the bill, and told reporters Tuesday that it “is going to be a historic achievement.”

The bill has been crafted by eight senators, led by New York Sen. Chuck Schumer, the third-ranked Democrat in the Senate.

Alex Conant, a spokesman for Sen. Marco Rubio, the leading GOP supporter of the pending immigration bill, did not respond when asked by email if Rubio will ask for a delay to let his fellow GOP senators and their staffers read and understand the new version.

Since January, Rubio has declared that senators and outside opponents of the bill will have plenty of time to review the bill’s contents and to urge changes.

“Senator Rubio has said from the outset that we will not rush this process, and that begins at the committee level,” Conant told The Washington Post April 12.

“The Judiciary Committee must have plenty of time to debate and improve the bipartisan group’s proposal. … We believe that the more public scrutiny this legislation receives, the better it will become,” Conant said.

“We don’t see anything really coming to the [Senate] floor before, at the earliest, sometime in May,” McCain told Fox News’ Greta Van Susteren April 11.

“We want to give it plenty of time.”

Jessica Brady, a spokeswoman for the Judiciary Committee, declined Wednesday to say if the Democratic-run committee would delay the bill’s review.

Instead, she forwarded April 25 remarks by committee chairman Vermont Sen. Patrick Leahy.

“When we next meet, the bill will have been publicly available for three weeks. So before we vote on any aspect of it we and the public will have had the bill for some time,” he said.  The bill is extremely complex.

For example, there are 47 mentions of the term “notwithstanding,” each of which creates an exemption to the bill or to existing law. On page 339 of the new bill, a paragraph requires the amnesty be extended to illegals who voluntarily left the United States or were deported.

“Notwithstanding section 212(a)(9) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)), an alien’s application for an immigrant visa shall be considered if the alien was excluded, deported, removed, or departed voluntarily before the date of the enactment of this Act,” says the paragraph.

Another section allows the families of deported illegals, including family members who never visited the United States, to apply for the amnesty.

The limited-immigration group NumbersUSA has estimated that 33 million extra people would be able to apply to live in the United States because of the immigration bill, under the terms of the original draft.

The group — which wants to reduce the current annual immigration rate of 1 million — has not released an estimate of how many people could arrive under the new draft.

Advocates for the bill have highlighted at least one change in the new version, which is the addition of language that is said to plug a gap created by the bill’s immediate elimination of the current E-Verify system and its projected creation of a new E-Verify system. E-verify is used by employers to gauge whether a job applicant has the right to work in the United States.

  Read more about New immigration bill has more waivers and exceptions per page than Obamacare

Thousands of Oregonians will be allowed to drive with four-year driver’s cards, instead of regular eight-year licenses, under a bill that won final legislative approval today.

The House voted 38-20 to pass Senate Bill 833, which goes to Gov. John Kitzhaber for his signature at a May Day rally Wednesday on the Capitol steps. The bill would take effect Jan. 1, 2014.

A similar bill two years ago failed to advance in the Legislature.

This time, however, it was backed by Kitzhaber and major business groups such as Associated Oregon Industries, Oregon Business Association, Associated General Contractors, Oregon Association of Nurseries, Oregon Farm Bureau Federation, Oregon Home Builders Association, Oregon Restaurant & Lodging Association, and Oregon Winegrowers Association.

“All Oregonians, regardless of the documents they have, need the ability to participate in the local economy,” said Rep. Chris Harker, D-Beaverton, co-floor manager. “This bill will give them a chance to prove they can drive, get licenses and obtain insurance.”

It also was a major priority of immigrant-rights groups, along with in-state tuition for immigrant students whose parents brought them to the United States illegally as children. Kitzhaber signed that bill on April 2.

“The bill for a driver’s card is equally important,” Kitzhaber said in a recent interview.

But Rep. Dennis Richardson, R-Central Point, said that holders of such cards may find it harder to get jobs, contrary to the intent of some of the bill’s advocates.

“For all practical purposes, this bill is dealing with those who cannot prove they are in the United States or Oregon legally,” Richardson said.

“You have to wonder that if someone is willing to disregard immigration law, what other laws are they willing to disregard?” asked Rep. Kim Thatcher, R-Keizer.

Rep. Vic Gilliam of Silverton was one of the few Republicans to speak for the bill.

“I think it’s a small step forward in facing reality,” Gilliam said. “Can’t we give some hard-working Oregonians a second chance?”

  Read more about Bill allowing four-year driver's cards passes Oregon House