Thread: Rep. Gutierrez Introduces Mass Amnesty Bill

Comprehensive Amnesty Threat

Overview

Often referred to as Comprehensive Immigration Reform, pro-amnesty groups seek to offer legal permanent residence to illegal aliens. Comprehensive Immigration Reform bills were introduced in Congress in both 2006 and 2007.

In 2006, separate versions were passed in the Senate and House, but an agreement was never reached in conference committee. In 2007, a version in the Senate proposed by Senators John McCain and Ted Kennedy with support from Pres. Bush failed to reach a cloture vote. The grassroots effort from NumbersUSA members was a major reason why the amnesty failed.

Often referred to as Comprehensive Immigration Reform, pro-amnesty groups seek to offer legal permanent residence to illegal aliens. Comprehensive Immigration Reform bills were introduced in Congress in both 2006 and 2007.

In 2006, separate versions were passed in the Senate and House, but an agreement was never reached in conference committee. In 2007, a version in the Senate proposed by Senators John McCain and Ted Kennedy with support from Pres. Bush failed to reach a cloture vote. The grassroots effort from NumbersUSA members was a major reason why the amnesty failed.

During the 2008 campaign, Pres. Obama offered support for amnesty, and with an overwhelming majority of supporters in the House and Senate, newer versions of the failed bills are likely to be introduced.

Update
Rep. Gutierrez Introduces Mass Amnesty Bill

Tuesday, December 15, 2009, 4:47 PM EST - posted on NumbersUSA

Rep. Luis Gutierrez

Rep. Luis Gutierrez

Rep. Luis Gutierrez (D-Ill.) along with several members of the Hispanic Congressional Caucus introduced legislation today that offers amnesty to the nation's estimated 11-18 million illegal aliens. The Comprehensive Immigration Reform for America's Security and Prosperity Act would increase annual immigration numbers, put an end to 287(g), replace E-Verify with a new worker verification system, and prohibit any state or local law that discriminates against an individuals immigration status.

The following summary is provided by the American Immigration Lawyers Association...

Comprehensive Immigration Reform for America's Security and Prosperity (CIR ASAP) Act of 2009

TITLE I - BORDER SECURITY, DETENTION, AND ENFORCEMENT

Subtitle A - Border Security:

Subtitle A of Title I assembles a vision of effective and accountable enforcement for the 21st century through maximizing border security by requiring the Secretary of Homeland Security to form a national strategy that is consistent with the progress already made. In order to achieve these goals, oversight and accountability for the Department of Homeland Security is emphasized, especially as they pertain to fiscal appropriations and cost-benefit analyses of operations and programs.

Protecting Our Borders: This subtitle protects United States border cities and communities from violence and crime along the U.S.-Mexico border by:

* Creating a Southern Border Security Task Force that is composed of federal, state, and local law enforcement officers
* Requiring a security plan for land ports of entry at the borders involved in international trade
* Expanding the programs under the Customs-Trade Partnership Against Terrorism that is in accordance to the SAFE Port Act
* Improving the exchange of information between federal agencies on North American Security by a conducting a targeted study of security clearance standards, document integrity, immigration and visa management and coordination, terrorist watch lists and smuggling operations

Effective Enforcement: Subtitle A achieves effective enforcement by improving personnel, assets and technology. This section:

* Supports additional training, oversight and evaluation for agents who are the first face of America at the borders
* Ensures that Customs and Border Protection have sufficient personal equipment like body armor, weapons, and uniforms, and that Customs and Border Protection have sufficient assets such as helicopters, power boats, motor vehicles and other electronic equipment
* Promotes standards for searches of electronic devices and appropriate training for agents in conducting such searches
* Minimizes wasteful spending by developing and studying comprehensive uses of advanced technologies, such as aerial and automated surveillance
* Requires an inventory prior to any increase of personnel assets and technology

Securing Ports of Entry: Our nation's ports of entry are modernized for our economic benefit and security by conducting a study of the infrastructure and operations to identify necessary improvements and projects to enhance border security and the flow of legitimate commerce and travel. This section:

* Improves infrastructure and recalibrates resources and training to allow for more effective screening of commercial goods and individuals so as to minimize threats to national security at ports of entry
* Increases the number of full-time port of entry inspectors, agricultural specialists, and support staff to improve the timely and safe flow of commercial goods and individuals
* Establishes a demonstration project to test and evaluate new port of entry technologies and also refines existing technologies and operational concepts

Combating Criminal Activity: This subtitle recognizes the role of state law enforcement at the border in combating criminal activity by creating border relief grant programs for Northern and Southern border state, local and tribal law enforcement entities. This section:

* Enables better training and technical assistance for state and local partners that deals with narcotics-related kidnapping, drug trafficking and the interdiction of weapons and currency
* Facilitates information-sharing and collaboration between federal and state partners
* Suspends the Operation Streamline program pending review of the goals, impacts and costbenefit analyses
* Reimburses Northern and Southern border state and local prosecutors for prosecuting federally initiated drug cases
* Provides expanded resources for Operation Armas Cruzadas and Project Gunrunner to identify, investigate, and prosecute individuals involved in the trafficking and smuggling of firearms between Mexico and the United States.

Improving Partnerships: The importance of border communities as partners and allies are recognized as key in achieving effective enforcement by prioritizing community consultation in developing enforcement policies, border protection strategies and training. This subtitle:

* Establishes the U.S.-Mexico Border Enforcement Commission and a Border Communities Liaison Office to foster and institutionalize community consultation
* Prohibits military involvement in non-emergency border enforcement
* Prioritizes mitigating adverse impacts to federal, tribal, state, local and private lands, waters, wildlife and habitats by promoting cross-agency development of comprehensive monitoring and mitigation of ecological and environmental impacts of border security infrastructure and activity

Combating Human Trafficking: Subtitle A requires the development and implementation of a plan to improve coordination amongst federal and state partners to address human smuggling and migrant deaths. This section calls for additional ICE agents dedicated to combating human smuggling are stationed at ports of entry, requires reporting on migrant deaths, and establishes a study of strategies used at the Southern border to address this problem.

Subtitle B - Detention:

Improving Conditions of Detention: The bill requires DHS to meet minimum requirements to ensure the humane treatment of detainees. Minimum requirements include:

* Adequate medical and mental health screenings, evaluations, medically necessary treatment, and continuing care
* A review process for medical treatment requests and complete and confidential medical records
* Reasonable access to telephones, affordable rates, and privacy protections for calls
* Protections from sexual abuse, care for victims, and reports and investigations of abuse
* Protection from transfers that fail to consider health and access to counsel

To ensure compliance with minimum detention conditions, the bill requires rulemaking and enforcement. An independent immigration detention commission is established to investigate and report on compliance. DHS must report the death of a detainee within 48 hours, and report annually to Congress on the circumstances of all deaths in detention.

Protecting U.S. Citizens, Lawfully Present Immigrants, Vulnerable Populations, and Communities: This section increases screening and protections during immigration-related enforcement activities for U.S. citizens, Legal Permanent Residents, others lawfully present in the U.S., and vulnerable populations. Social service agencies, translators, and legal services must be available during enforcement activities. DHS will be required to:

* Issue regulations prohibiting apprehensions at enumerated community, educational, and religious locations
* Provide access to legal orientation programs and access to counsel during enforcement activities and for disabled individuals unable to fully participate in removal proceedings
* Give timely notice and service of immigration charges, as well as timely bond hearings if detained more than 48 hours

This section increases protections for individuals subject to immigration detainers, limits the use of detainers to confirmed removable aliens, and requires DHS to collect data and report on detainer use. The unnecessary detention of refugees is prohibited. DHS is required to report to Congress on the impact of immigration-related enforcement activities.

Improving Secure Alternative to Detention Programs: Criteria are established to guide detention and release decisions and require release for vulnerable populations. Detention decisions must be in writing, served upon detainees, and are subject to redetermination by an immigration judge.

Protecting Family Unity: Families with children may not be separated except in exceptional circumstances where alternatives to detention are not available. Residential, non-penal facilities are developed for any necessary family detention with appropriate protections for children and parental rights. The bill includes safeguards for families and children during immigration-related enforcement actions by:

* Improving child welfare services for children separated from parents and guardians who are in immigration detention or have been removed
* Requiring training for federal and state personnel who interact with separated children and for staff at immigration detention facilities on parental rights, humanitarian, and due process protections
* Ensuring protections for detained parents, guardians, and caregivers in immigration detention to promote access to children, family courts, child welfare services, and consular officials

Protecting Unaccompanied Alien Children: Training is required for DHS employees who encounter unaccompanied alien children. Upon apprehension of an unaccompanied alien child, immediate notice is required by DHS or ORR and transfer to ORR custody within 24 hours.

Subtitle C - Enforcement:

Protecting workers: Provides temporary visas and work authorization for detained workers when they have been retaliated against by their employer for asserting their labor rights and they agree to pursue labor claims against their employer. Also expands U visas to provide for whistleblower protections with regard to worker exploitation, civil rights violations and retaliation for exercising labor rights.

Address Reporting: Clarifies address reporting requirements

Ending Discrimination: Preempts any state or local law that discriminates against an individual based on immigration status or imposes sanctions on any individual or entity based on the immigration status of its clients, employees or tenants

Repeals the 287(g) program: Repeals the 287(g) program and clarifies that the authority to enforce federal immigration law lies solely with the federal government

ICE Ombudsman: Establishes an Immigration and Customs Enforcement (ICE) Ombudsman Asylum: Eliminates the arbitrary 1-year bar to applying for asylum

Restores federal jurisdiction: Restores the federal courts of their jurisdiction to review decisions and practices of DHS thereby also restoring the historic role that the courts play in reviewing agency actions

TITLE II - EMPLOYMENT VERIFICATION

This section sets up an employment verification system for employers to verify each new hire’s authorization to work. The new system will eventually apply to all workers and all new hires, and will be rolled out in phases, beginning with critical infrastructure employers and large employers. The employment verification system:

* Creates significant civil penalties for employers who do not comply with the requirements under the new system
* Establishes serious criminal penalties for knowingly hiring unauthorized aliens
* Debars employers who repeatedly violate these provisions from government contracts, grants, and agreements
* Includes privacy safeguards by limiting the data that can be collected and stored in the database and requiring the agencies to develop the system with maximum security and privacy protections
* Requires the agencies to evaluate impact of system from a privacy perspective and complete privacy impact statements
* Prohibits creation of a national identification card
* Includes anti-discrimination provisions. Forbids employers from using the new system to discriminate against applicants or employees on the basis of nationality. Prohibits employers from terminating employment due to a tentative non-confirmation, using the system to screen employees prior to offering employment, or using the system selectively
* Allows an individual to register with the Social Security Administration and acquire a PIN that would allow them electronic access to their file in the system, update their information, and lock their file for purposes of employment

TITLE III - VISA REFORMS

Backlog Reduction and Numerical Limit Reforms:

Reduction of existing backlogs: Permits the “recaptureâ€

Quote:

"Repeals the 287(g) program: Repeals the 287(g) program AND CLARIFIES THAT THE AUTHORITY TO ENFORCE FEDERAL IMMIGRATION LAW LIES SOLELY WITH THE FEDERAL GOVERNMENT.

ICE Ombudsman: Establishes an Immigration and Customs Enforcement (ICE) Ombudsman Asylum: Eliminates the arbitrary 1-year bar to applying for asylum

RESTORES FEDERAL JURISDICTION: Restores the federal courts of their jurisdiction TO REVIEW DECISIONS AND PRACTICES OF DHS thereby also restoring the historic role that the courts play in reviewing agency actions."


And these provisions, of course, would the the "nails in the coffin" of any state and local legislative and/or law enforcement efforts to fill the void left by our federal government's refusal to enforce our immigration laws.