Thread: House Democrats Ready to Unveil Ambitious Immigration Plan

House Democrats Ready to Unveil Ambitious Immigration Plan
Dec. 12, 2009, 4:14 p.m.
By Jennifer Bendery
Roll Call Staff

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House proponents of comprehensive immigration reform are set to unveil an ambitious bill Tuesday that calls for a pathway to legalization for illegal immigrants, family reunification policies and another push for the controversial AgJOBS program, which would grant temporary immigration status to undocumented farm workers.

Some backers of the bill, sponsored by Rep. Luis Gutierrez (D-Ill.), readily admit the measure is their ideal version of reform and is not likely to be what ultimately would pass into law. In contrast to their efforts in 2007, when they unsuccessfully pushed a bipartisan package, advocates are kicking off debate this time with a solidly Democratic plan.

“It’s a very important marker,â€

This has gotten to the point of complete Idiocy..... The ENTIRE Congressional Hispanic Caucus needs the boot right Into Mexico, where their real loyalties are. I was under the Impression that Congress was supposed to work for ALL AMERICAN CITIZENS,and not just a handful of Illegal aliens and all of their special Interest enablers.... Where Is the Congressional AMERICAN CITIZEN CAUCUS ? Why are we letting Congressional representatives get away with aiding and abetting Illegal aliens? I thought It was against the law to do so? Federal Immigration and Nationality Act
Section 8 USC 1324(a)(1)(A)(iv)(b)(iii)

"Any person who . . . encourages or induces an alien to . . . reside . . . knowing or in reckless disregard of the fact that such . . . residence is . . . in violation of law, shall be punished as provided . . . for each alien in respect to whom such a violation occurs . . . fined under title 18 . . . imprisoned not more than 5 years, or both."

Section 274 felonies under the federal Immigration and Nationality Act, INA 274A(a)(1)(A):

A person (including a group of persons, business, organization, or local government) commits a federal felony when she or he:

* assists an alien s/he should reasonably know is illegally in the U.S. or who lacks employment authorization, by transporting, sheltering, or assisting him or her to obtain employment, or

* encourages that alien to remain in the U.S. by referring him or her to an employer or by acting as employer or agent for an employer in any way, or

* knowingly assists illegal aliens due to personal convictions.

Penalties upon conviction include criminal fines, imprisonment, and forfeiture of vehicles and real property used to commit the crime. Anyone employing or contracting with an illegal alien without verifying his or her work authorization status is guilty of a misdemeanor. Aliens and employers violating immigration laws are subject to arrest, detention, and seizure of their vehicles or property. In addition, individuals or entities who engage in racketeering enterprises that commit (or conspire to commit) immigration-related felonies are subject to private civil suits for treble damages and injunctive relief.

Recruitment and Employment of Illegal Aliens

It is unlawful to hire an alien, to recruit an alien, or to refer an alien for a fee, knowing the alien is unauthorized to work in the United States. It is equally unlawful to continue to employ an alien knowing that the alien is unauthorized to work. Employers may give preference in recruitment and hiring to a U.S. citizen over an alien with work authorization only where the U.S. citizen is equally or better qualified. It is unlawful to hire an individual for employment in the United States without complying with employment eligibility verification requirements. Requirements include examination of identity documents and completion of Form I-9 for every employee hired. Employers must retain all I-9s, and, with three days' advance notice, the forms must be made available for inspection. Employment includes any service or labor performed for any type of remuneration within the United States, with the exception of sporadic domestic service by an individual in a private home. Day laborers or other casual workers engaged in any compensated activity (with the above exception) are employees for purposes of immigration law. An employer includes an agent or anyone acting directly or indirectly in the interest of the employer. For purposes of verfication of authorization to work, employer also means an independent contractor, or a contractor other than the person using the alien labor. The use of temporary or short-term contracts cannot be used to circumvent the employment authorization verification requirements. If employment is to be for less than the usual three days allowed for completing the I-9 Form requirement, the form must be completed immediately at the time of hire.

An employer has constructive knowledge that an employee is an illegal unauthorized worker if a reasonable person would infer it from the facts. Constructive knowledge constituting a violation of federal law has been found where (1) the I-9 employment eligibility form has not been properly completed, including supporting documentation, (2) the employer has learned from other individuals, media reports, or any source of information available to the employer that the alien is unauthorized to work, or (3) the employer acts with reckless disregard for the legal consequences of permitting a third party to provide or introduce an illegal alien into the employer's work force. Knowledge cannot be inferred solely on the basis of an individual's accent or foreign appearance.

Actual specific knowledge is not required. For example, a newspaper article stating that ballrooms depend on an illegal alien work force of dance hostesses was held by the courts to be a reasonable ground for suspicion that unlawful conduct had occurred.

IT IS ILLEGAL FOR NONPROFIT OR RELIGIOUS ORGANIZATIONS to knowingly assist an employer to violate employment sanctions, REGARDLESS OF CLAIMS THAT THEIR CONVICTIONS REQUIRE THEM TO ASSIST ALIENS. Harboring or aiding illegal aliens is not protected by the First Amendment. It is a felony to establish a commercial enterprise for the purpose of evading any provision of federal immigration law. Violators may be fined or imprisoned for up to five years.

Encouraging and Harboring Illegal Aliens

It is a violation of law for any person to conceal, harbor, or shield from detection in any place, including any building or means of transportation, any alien who is in the United States in violation of law. HARBORING MEANS ANY CONDUCT THAT TENDS TO SUBSTANTIALLY FACILITATE AN ALIEN TO REMAIN IN THE U.S. ILLEGALLY. The sheltering need not be clandestine, and harboring covers aliens arrested outdoors, as well as in a building. This provision includes harboring an alien who entered the U.S. legally but has since lost his legal status.

An employer can be convicted of the felony of harboring illegal aliens who are his employees if he takes actions in reckless disregard of their illegal status, such as ordering them to obtain false documents, altering records, obstructing INS inspections, or taking other actions that facilitate the alien's illegal employment. Any person who within any 12-month period hires ten or more individuals with actual knowledge that they are illegal aliens or unauthorized workers is guilty of felony harboring. It is also a felony to encourage or induce an alien to come to or reside in the U.S. knowing or recklessly disregarding the fact that the alien's entry or residence is in violation of the law. This crime applies to any person, rather than just employers of illegal aliens. Courts have ruled that "encouraging" includes counseling illegal aliens to continue working in the U.S. or assisting them to complete applications with false statements or obvious errors. The fact that the alien is a refugee fleeing persecution is not a defense to this felony, since U.S. law and the UN Protocol on Refugees both require that a refugee must report to immigration authorities without delay upon entry to the U.S.

The penalty for felony harboring is a fine and imprisonment for up to five years. The penalty for felony alien smuggling is a fine and up to ten years' imprisonment. Where the crime causes serious bodily injury or places the life of any person in jeopardy, the penalty is a fine and up to twenty years' imprisonment. If the criminal smuggling or harboring results in the death of any person, the penalty can include life imprisonment. Convictions for aiding, abetting, or conspiracy to commit alien smuggling or harboring, carry the same penalties. Courts can impose consecutive prison sentences for each alien smuggled or harbored. A court may order a convicted smuggler to pay restitution if the alien smuggled qualifies as a victim under the Victim and Witness Protection Act. Conspiracy to commit crimes of sheltering, harboring, or employing illegal aliens is a separate federal offense punishable by a fine of up to $10,000 or five years' imprisonment.

Every last one of these treason committing bastards belongs in prison because if it isn't crystal clear by now that they are working in the best interests of Mexico and untold millions of foreign nationals who have breached our borders then I'm sure I don't know when it will be clear enough

You can see part of the OBL strategy here: Gutierrez's amnesty bill will be so extreme, that Schumer's Senate version (while still extreme but somewhat less so) will seem more "moderate" in comparison. But of course both are horrendous. We will have to make it absolutely clear that any form of "path to legalization" amnesty is unacceptable.

TX Sen. John Cornyn evidently has replaced Sen. John McCain (as Dem. Sen. Chuck Schumer replaced Sen. Kennedy) as the Republican "co-supporter" (if not formal co-sponsor) of the "more moderate" (as populist wrote) and 'sensible' Senate legislation to follow. Additionally, Sen. Cornyn will bring with him the support (both public and behind-the-scenes) of most of the Southwestern state governors and congressional delegates, in addition to that of many Southwestern local officials and law enforcement officers and organizations -especially those from influencial "sanctuary cities" such as L.A., S.F., Phoenix, Houston.

I'm sure as you know Texas2step, Cornyn has been saying since his reelection that we have to secure the borders and enforce the laws "first," before other matters (amnesty). So by using his own logic, we have to stress to him and other "secure the border first" pols, that although crossings may be down somewhat, the border is still far from secure and our laws still unenforced (with Obama & Napolitano in fact greatly weakening these laws).

[quote]“It gives us a rallying point. ... We understand that down the road we’re going to have to compromise, but we’d rather negotiate from here than starting at the bottom like we did last time. It’s a strategic move,â€

Populist wrote:

"I'm sure as you know Texas2step, Cornyn has been saying since his reelection that we have to secure the borders and enforce the laws "first," before other matters (amnesty). So by using his own logic, we have to stress to him and other "secure the border first" pols, that although crossings may be down somewhat, the border is still far from secure and our laws still unenforced (with Obama & Napolitano in fact greatly weakening these laws)."

I certainly support all you wrote above; however, speaking for myself as his consitutuent, I will continue to simply stress to Sen. Cornyn that rewarding people who have broken the laws of our country to enter it with permanent residency and an additional "path to U.S. citizenship" is unacceptable to me no matter what "conditions" are tacked onto it. Our borders need to be secured and our immigration and labor (and all other laws) enforced because that is what defines us as an independent, sovereign nation. And if Sen. Cornyn's office wishes to consider me as "narrow minded", "xenophobic" and/or "standing in the way of the future", so be it.

Why should securing our border be conditioned on granting amnesty to 20 million who violated that border!

INSANITY!

US House Lawmakers To Unveil Immigration Bill; Path Forward Uncertain
Dec 14, 2009
By Corey Boles, Of DOW JONES NEWSWIRES

WASHINGTON -(Dow Jones)- U.S. House Democratic lawmakers on Tuesday plan to introduce a bill that would overhaul the country's immigration laws, although aides say any movement is on hold until a nearly year-long push on sweeping health-care legislation is completed.

The legislation is set to be introduced by Rep. Luis Gutierrez (D., Ill.), the chairman of the House Immigration Caucus. The effort has the backing of two key groups within the House Democratic membership - the Hispanic and liberal-leaning Progressive caucuses.

It would offer a path to legal residence for people currently living illegally in the U.S., and would create a new panel within the Department of Homeland Security to make recommendations about future inflows of immigrants, according to an aide to a member of the Progressive Caucus familiar with the legislation.

Illegal residents in the U.S. with no criminal records would be able to pay a fine, start to pay taxes, take English and civic classes, and after six years be able to apply for a green card.

It was unclear how large the fine would be, and whether the immigrants would be required to pay unpaid back taxes.

The bill would largely defer the issue of future inflows of immigrants to officials at the DHS, who would make an annual recommendation to Congress about how many new entrants would be allowed.

No new funds would be made available to beef up border security, but the DHS secretary would be tasked with conducting a review and reporting to Congress about what further resources would be required, the aide said.

The bill would take steps to implement an Internet-based verification program for employers to ensure that prospective employees are legal, but would stop short of making that program mandatory. Universal usage of the E-Verify program is the ultimate goal, the aide said, and Congress would be instructed to review its take-up by employers.

The bill would propose an end to a controversial program in which federal immigration officials work with local law enforcement forces to crack down on illegal residents. The scheme has provoked criticism from minority groups which say it has resulted in racial profiling by police, especially in states with large Hispanic populations.

Representatives of pro-immigration groups said they hope the introduction of the bill would focus lawmakers' attention on the need for an overhaul of the country's immigration laws.

But unlike previous attempts at tackling the immigration issue, the legislation set to be released Tuesday isn't expected to have any Republican support.

According to a Republican House aide who works for a lawmaker who has been supportive of earlier attempts at reaching a deal on immigration, Gutierrez didn't reach across the aisle to Republicans this time around.

"This bill has no chance of bipartisan support and will put a depth charge in any bipartisan deal," the aide said.

A spokeswoman for Gutierrez declined to comment before the legislation was formally released Tuesday.

Several House Democratic aides said the Senate would take the lead on any comprehensive immigration effort, given the difficulty of getting significant legislation through that chamber.

Senate Majority Leader Harry Reid (D., Nev.) said earlier in the year that he wanted to turn to immigration after health-care legislation was completed. But that was before months of bruising debate over health care.

A spokeswoman for Reid said Monday that the Democratic leader still hopes to push for an overhaul of the country's immigration laws in the first half of 2010.

But despite this insistence, it remains unclear whether there is the appetite within Congress to tackle another major domestic policy issue, especially given mid-term elections at the end of 2010. Lawmakers must still complete a rewrite of the entire regulatory landscape of the financial sector in the wake of last year's market collapse. They want to pass some form of legislation aimed at tackling global warming, and pass a package of initiatives aimed at stimulating job growth as well.

A Senate leadership aide said there is a window to complete immigration legislation, but that it is a "narrow window."

Sen. Charles Schumer (D., N.Y.), who would lead the charge in the Senate, said "we are working hard with Republicans in the Senate to craft a bipartisan bill that can pass."

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