15 Problems with Senate Bill 1639

26 06 2007

Cross posted from The Virtuous Republic

Have you read Senate Bill 1639, better known to the rest of us as the Kennedy-Bush Amnesty Bill? Being 762 pages long, very few have. Do you really think Voinovich or Lott or Kennedy have read the bill? I haven’t read the whole thing, but I have managed to sift through some of it and I have highlighted what I consider questionable passages.

Proponents of this amnesty bill will argue that I’m not a lawyer, but as a citizen, I think I am entitled to ask, “What do this passages mean? What do they entail?” From my perspective, many parts of this bill are problematic and, at least to me, the sponsors of this mass amnesty are not serious about border enforcement nor are they serious about stopping illegal immigration.

Pages 18-19

LIMITATION ON REQUIREMENTS.— Notwithstanding subparagraph (A), nothing in

this paragraph shall require the Secretary of Homeland Security to install fencing, physical barriers, roads, lighting, cameras, and sensors in a particular location along an international

border of the United States, if the Secretary determines that the use or placement of such re-

sources is not the most appropriate means to achieve and maintain operational control over

the international border at such location.


• Remember that fence that we were promised last year? Some 700 miles? It hasn’t been built and this language doesn’t instill any confidence in me that our southern border will be secured. If our government had a reliable track record, this discretionary passage wouldn’t bother me, but do you trust our leaders so much that you don’t think they will use this clause as an excuse not to build a fence? Since our government has a poor track record, this discretionary clause should be made an absolute clause. Build a “X” miles of fence, install “Y” amount of sensors–no choice.


Page 124


 

INCREASED PENALTIES BARRING THE ADMISSION OF CONVICTED SEX OFFENDERS FAILING TO REGISTER AND REQUIRING DEPORTATION OF SEX OFFENDERS FAILING TO REGISTER


(1) INADMISSIBILITY.—Section 212(a)(2)(A)(i) (8 U.S.C. 1182(a)(2)(A)(i)), as amended by section 4

209(a)(3), is further amended—A) in subclause (II), by striking ‘‘or’’ at

the end; (B) in subclause (III), by striking the comma at the end and inserting a semicolon;

and (C) by inserting after subclause (III) the following:

‘‘(IV) a violation of section 2250

of title 18, United States Code (relating to failure to register as a sex offender); or’’.

(2) DEPORTABILITY.—Section 237(a)(2)(A)(i) (8 U.S.C. 1227(a)(2)(A)(i)) is amended—

(A) in subclause (I), by striking ‘‘, and’’ and inserting a semicolon;

(B) in subclause (II), by striking the comma at the end and inserting ‘‘; or’’; and

(C) by adding at the end the following: ‘‘(III) a violation of section 2250

of title 18, United States Code (relating to failure to register as a sex of-fender).’’.


• Maybe I’m wrong, but this doesn’t bar sex offenders from amnesty, just those who fail to register? Doesn’t that make you feel safer already! Seems to me if our Senators spent as much time just saying alien sex offenders have no place in the U.S. as they do moving semicolons around, this bill might be passable.


Page 131


‘‘(C) knowingly enters or crosses the border to the United States by means of a knowingly false or misleading representation or the knowing concealment of a material fact (including such representation or concealment in the context of arrival, reporting, entry, or clearance requirements of the customs laws, immigration laws, agriculture laws, or shipping laws). ‘‘(2) CRIMINAL PENALTIES.—Any alien who

violates any provision under paragraph (1)- (A) shall, for the first violation, be fined under title 18, United States Code, imprisoned not more than 6 months, or both; ‘‘(B) shall, for a second or subsequent violation, or following an order of voluntary departure, be fined under such title, imprisoned not more than 2 years, or both; ‘‘(C) if the violation occurred after the alien had been convicted of 3 or more misdemeanors or for a felony, shall be fined under such title, imprisoned not more than 10 years, or both;


You can read the entire passage for yourself, but ask yourself, where is the clause that involves their deportment and lifetime ban from reentering our nation?


Pages 137-138

 

SEC. 206. ILLEGAL ENTRY.

(a) IN GENERAL.—Section 275 (8 U.S.C. 1325) is amended to read as follows:

‘‘SEC. 275. ILLEGAL ENTRY.

‘‘(a) IN GENERAL.—

‘‘(1) CRIMINAL OFFENSES.—An alien shall be

subject to the penalties set forth in paragraph (2) if the alien— ‘‘(A) knowingly enters or crosses the border into the United States at any time or place other than as designated by the Secretary of

Homeland Security; ‘‘(B) knowingly eludes examination or inspection by an immigration officer (including

failing to stop at the command of such officer), or a customs or agriculture inspection at a port

of entry; or ‘‘(C) knowingly enters or crosses the border to the United States by means of a knowingly false or misleading representation or the knowing concealment of a material fact (including such representation or concealment in the context of arrival, reporting, entry, or clearance requirements of the customs laws, immigration laws, agriculture laws, or shipping laws).


‘‘(2) CRIMINAL PENALTIES.—Any alien who violates any provision under paragraph (1)— ‘‘(A) shall, for the first violation, be fined under title 18, United States Code, imprisoned not more than 6 months, or both; ‘‘(B) shall, for a second or subsequent violation, or following an order of voluntary departure, be fined under such title, imprisoned not more than 2 years, or both;‘‘(C) if the violation occurred after the

alien had been convicted of 3 or more misdemeanors or for a felony, shall be fined under

such title, imprisoned not more than 10 years, or both; ‘‘(D) if the violation occurred after the

alien had been convicted of a felony for which the alien received a term of imprisonment of not less than 30 months, shall be fined under such title, imprisoned not more than 15 years, or both; and…


• You can read the entire passage, but once again, how many chances to illegal aliens get under this bill before they are permanently deported and banned for life? One, two, three, four…? To me, this lenience simply sets us up for another future amnesty bill.


Pages 141-142


‘‘(a) REENTRY AFTER REMOVAL.—Any alien who has been denied admission, excluded, deported, or removed, or who has departed the United States while an order of exclusion, deportation, or removal is outstanding, and subsequently enters, attempts to enter, crosses the border to, attempts to cross the border to, or is at any time found in the United States, shall be fined under title 18, United States Code, and imprisoned not less than 60 days and not more than 2 years. ‘‘(b) REENTRY OF CRIMINAL OFFENDERS.—Not-10

withstanding the penalty provided in subsection (a), if an alien described in that subsection— ‘‘(1) was convicted for 3 or more misdemeanors or a felony before such removal or departure, the alien shall be fined under title 18, United States Code, and imprisoned not less than 1 year and not more than 10 years, or both; 1

‘‘(2) was convicted for a felony before such removal or departure for which the alien was sentenced to a term of imprisonment of not less than 30 months, the alien shall be fined under such title,

and imprisoned not less than 2 years and not more than 15 years, or both; ‘‘(3) was convicted for a felony before such removal or departure for which the alien was sentenced to a term of imprisonment of not less than

60 months, the alien shall be fined under such title, and imprisoned not less than 4 years and not more

than 20 years, or both; ‘‘(4) was convicted for 3 felonies before such removal or departure, the alien shall be fined under such title, and imprisoned not less than 4 years and not more than 20 years, or both; or

‘‘(5) was convicted, before such removal or departure, for murder, rape, kidnapping, or a felony

offense described in chapter 77 (relating to peonage and slavery) or 113B (relating to terrorism) of such

title, the alien shall be fined under such title, and imprisoned not less than 5 years and not more than 14

20 years, or both.

‘‘(c) REENTRY AFTER REPEATED REMOVAL.—Any alien who has been denied admission, excluded, deported, or removed 3 or more times and thereafter enters, attempts to enter, crosses the border to, attempts to cross the border to, or is at any time found in the United States, shall be fined under title 18, United States Code, and imprisoned not less than 2 years and not more than 10 years, or both.’’.


• To me, the penalties for those who have been deported, but reenter this nation are inadequate. Sixty days, two, three or more chances. These aren’t deterrent, they are acceptable odds. Harsher penalties are required to deter illegal immigrants.


Page 176


‘‘SEC. 3291. IMMIGRATION, PASSPORT, AND NATURALIZATION OFFENSES.

‘‘No person shall be prosecuted, tried, or punished for a violation of any section of chapters 69 (relating to nationality and citizenship offenses), 75 (relating to passport, visa, and immigration offenses), or for a violation of any criminal provision under section 243, 266, 274, 275, 276, 277, or 278 of the Immigration and Nationality Act (8 U.S.C. 1253, 1306, 1324, 1325, 1326, 1327, and 1328), or for an attempt or conspiracy to violate any such section, unless the indictment is returned or the information filed not later than 10 years after the commission of the offense.’’.


• After ten years, the slate is wiped clean. Why would we want to allow someone who has broken our laws ten years earlier to have a chance at applying for citizenship? If you enter the U.S. illegally, you shouldn’t be able to reenter the nation or apply for citizenship, a work permit and so on.


Page 183


SEC. 220. ALTERNATIVES TO DETENTION.

The Secretary shall conduct a study of— (1) the effectiveness of alternatives to detention, including electronic monitoring devices and intensive supervision programs, in ensuring alien appearance at court and compliance with removal orders; (2) the effectiveness of the Intensive Supervision Appearance Program and the costs and benefits of expanding that program to all States; and (3) other alternatives to detention, including—

(A) release on an order of recognizance;

(B) appearance bonds; and

(C) electronic monitoring devices.


Catch and release all over again? Illegal aliens scheduled for deportment hearings aren’t going to show up on recognizance bonds. Once again, the authors aren’t serious about illegal immigration if this is the best they can do. What about jails that actually hold illegal immigrants until they are deported?



Page 314


‘‘(i) PERIOD OF AUTHORIZED ADMISSION.— ‘‘(1) IN GENERAL.—Aliens admitted to the 8

United States as Y nonimmigrants shall be granted the following periods of admission: 1

‘‘(A) Y–1 NONIMMIGRANTS.—Except as provided in (2), aliens granted admission as Y– 1 nonimmigrants shall be granted an authorized period of admission of two years. Subject to paragraph (4), such two-year period of admission may be extended for two additional two-year periods.


• The above comes from the section on “temporary workers.” So what does temporary mean to you? Six or eight months, then they go back home? For non-agricultural workers, the “temporary” period may last up to 4 years. Does that solve our immigration problem? What does it do to native American wages?


Page 367


If, after notice and an opportunity for a hearing, the Secretary of Labor finds a violation of this section, the Secretary may impose administrative remedies and penalties, including— ‘‘(A) back wages; ‘‘(B) benefits; and ‘‘(C) civil monetary penalties. ‘‘(2) CIVIL PENALTIES.—The Secretary of Labor may impose, as a civil penalty— ‘‘(A) for a violation of subsections (b) through (g)— ‘‘(i) a fine in an amount not more

than $2,000 per violation per affected worker and $4,000 per violation per affected worker for each subsequent violation; ‘‘(ii) if the violation was willful, a fine in an amount not more than $5,000 per

violation per affected worker;


• Does this bill crack down on employers who hire illegal immigrants? Do the math. If a normal American would be paid $35,000 a year with benefits, but you could pay an illegal $20,000 a year, without benefits, wouldn’t taking a chance on a $4,000 fine be worth it?


Pages 561-562

 

(1) GROUNDS OF INELIGIBILITY.—An alien is ineligible for Z nonimmigrant status if the Secretary

determines that the alien— (A)(1) is inadmissible to the United States under section 212(a) of the Act (8 U.S.C. 1182(a)), except as provided in paragraph (2); (2) Nothing in this paragraph shall require

the Secretary to commence removal proceedings against an alien.


• So even if the illegal immigrant is found not to qualify for the Z nonimmigrant status, “nothing in this paragraph shall require the Secretary to commence removal proceedings against an alien.” In other words, this is a loophole which will allow illegal immigrants to stay here, even if they don’t qualify for amnesty. What exactly is the point of this bill?


Pages 572-573


(h) TREATMENT OF APPLICANTS.—

(1) IN GENERAL.—An alien who files an application for Z nonimmigrant status shall, upon submission of any evidence required under paragraphs (f) and (g) and after the Secretary has conducted appropriate background checks, to include name and fingerprint checks, that have not by the end of the

next business day produced information rendering the applicant ineligible—

(A) be granted probationary benefits in the form of employment authorization pending final

adjudication of the alien’s application; (B) may in the Secretary’s discretion receive advance permission to reenter the United States pursuant to existing regulations governing advance parole;

(C) may not be detained for immigration purposes, determined inadmissible or deportable, or removed pending final adjudication of the alien’s application, unless the alien is determined to be ineligible for Z nonimmigrant status;


• It is still in there-the one day background check. How can the government check the background of people in one day? Why one day? Because it looks like enforcement, but in reality, the authors of this bill know that it is impossible to achieve, and thus illegal immigrants are put on the fast track to amnesty. And then look at section “C”. This person could have been sent back across the border 50 times, but Homeland Security is prohibited from doing anything to that person. Also, remember, even if the person is “ineligible” for Z status, the “Secretary” isn’t bound to deport them.


Page 559


(b) Definition of Z Nonimmigrants.-Section 101(a)(15) of the Act (8 U.S.C 1101(a)(15)) is amended by inserting at the end the following new subparagraph-‘‘(Z) subject to Title VI of the [Insert title 17

of Act], an alien who— ‘‘(i) is physically present in the United States, has maintained continuous physical presence in the United States since January 1, 2007, is employed, and

seeks to continue performing labor, services or education


Page 577

 

(3) PAYMENT OF INCOME TAXES.—

(A) IN GENERAL.—Not later than the date on which status is adjusted under this section,

the alien establishes the payment of any applicable Federal tax liability by establishing that— (i) no such tax liability exists; (ii) all outstanding liabilities have been paid; or (iii) the alien has entered into an

agreement for payment of all outstanding liabilities with the Internal Revenue Service. (B) APPLICABLE FEDERAL TAX LIABILITY.—For purposes of clause (i), the term ‘applicable Federal tax liability’ means liability for Federal taxes, including penalties and interest, owed for any year during the period of employment required by subparagraph (D)(i) for which the statutory period for assessment of any deficiency for such taxes has not expired


• Read pages 559 and 557 together. How many years are illegal aliens responsible for in terms of back taxes? Is it one, two, three, four? What if they have been here for 6, or 10, or 15 years? Trying to nail it down is next to impossible. My guess, is that if the illegal immigrant provides evidence of only 1 year of employment, then that is all that will be required of him to pay.


Page 663


(m) ELIGIBILITY FOR LEGAL SERVICES.—Section 504(a)(11) of Public Law 104–134 (110 Stat. 1321–53 et seq.) shall not be construed to prevent a recipient of funds under the Legal Services Corporation Act (42 U.S.C. 2996 et seq.) from providing legal assistance directly related to an application for a Z–A visa under subsection (b) or an adjustment of status under subsection (j).


• The Senate, in its wisdom, is going to pay for legal services for people who are here illegally so they can claim amnesty.



See what other members of the Coalition Against Illegal Immigration are saying:


GA Crimewatch on Senator Chambliss


**This was a production of The Coalition Against Illegal Immigration (CAII). If you would like to participate, please go to the above link to learn more. Afterwards, email stiknstein-at-gmail-dot-com and let us know at what level you would like to participate.

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