http://www.federalobserver.com/archive.php?aid=10583

March 18, 2006 Vol. 06, No. 76


Free Inside every 'Guest Worker Plan' A Social Security Time Bomb!
Part II What Congress is and isn't doing. - What you can do: A hard-hitting solution.
By S. J. Miller



Why hasn't Congress enacted legislation prohibiting "wage credit adjustments" by former illegal aliens for ALL past years? If I were an optimist, I might wonder if it were the constitutional prohibition against ex post facto laws, but we all know the low regard George Bush has for the Constitution!

Actually, several have tried.

After the 2003 passage of HR 743 ended future Social Security wage credits for illegal aliens, Rep. Dana Rohrabacher tried in 2004 to prohibit Social Security wage transfers for ALL past years with HR 98, but that attempt failed and there's little doubt why . (g)(h) When good bills for the same objective fail year after year, we know it's because Congressional leadership and the White House exert "behind the scenes" effort to pigeonhole them.

My take is that Congressional leadership accepted a "post-2003" exclusion because they expected the George W. Bush "guest worker amnesty" to be a "done deal" in 2004, after which illegal alien wage transfers would be unnecessary.

Remember that Americans first learned of Bush's "guest worker plan" from DHS Secretary Tom Ridge in December 2003, and directly from Bush himself one month later in January 2004. The 2003 passage of HR 743 (Social Security Protection Act of 2003) would have been consistent with the congressional back-scratching during their "dark of the night" advance deals. I'm sure the illegal alien and ethnic lobbies all expected the "guest worker amnesty" to be enacted and in place after 2004.

As we know, HR 743 passed quietly, prohibiting illegal aliens' Social Security wage transfers beginning in 2004. But the Bush "guest worker plan" didn't.

At the beginning of the 109th Congress, Rep Dana Rohrbacher of CA tried again with HR 1438 (j) http://thomas.loc.gov and 5 co-sponsors: Randy Cunningham-CA, Virgil Goode-VA, John Sullivan-OK, Scott Garrett-NJ, and Tom Tancredo-CO. Eight more co-sponsors have joined, the bill went to the House Ways & Means Committee chaired by Bill Thomas-CA, then to the Subcommittee on Social Security chaired by Jim McCrery-LA. In nearly a year since, there's not been so much as a hearing or subcommittee vote.

There's no doubt that Congress COULD pass legislation prohibiting any and all "illegal alien wage transfers." Why haven't they done it? Likely because both George Bush and House & Senate leadership want illegal aliens to get their "Social Security wage credits" along with their "Guest Worker Amnesty."

Silence of others...
O'Reilly Factor host "Swill" O'Reilly openly favors a Bush-style "guest worker plan," but that was clearly part of the deal when O'Reilly was given exclusive interviews with George Bush during the Summer 2004 re-election campaign. When questioned, he claims to oppose illegal alien amnesty, but also hedges with "...we can't deport 10 million illegal aliens," so it's likely he does favor amnesty but knows better than to admit it.

Mr. O'Reilly is an intelligent man, with every manner of research support staff. Surely he's not unaware of this "Social Security time bomb," so why is he silent?

The same question should be asked of Rush Limbaugh. He also favors a "guest worker plan" but quietly ignores the "Social Security time bomb." Is his silence connected with his exclusive interview with newly-confirmed Secretary of State Condolezza Rice in early 2005?

Remember Charles Dickens' "Christmas Carol" with the ghosts of Christmas Past, Christmas Present and Christmas Future?

Many people who claim to support "strong immigration enforcement" emphasize the future side: border security and enforcement of the rule of law. It's the "past and present" areas with questions like "What do you think should be done with the 20 million (or so) illegal aliens already here?" that generate foot-shuffling, harrumphing/throat-clearing and thousand-yard stares. The options for addressing the "present and past" via "amnesty" or what pro-illegal alien groups decry as Holocaust-style "mass deportation" are such political hot potatoes that most choose to ignore the "present and past" and concentrate on the "future."

I've come to believe one of many members of the "future" group includes Chris Simcox, leader of the Arizona-based Minutemen. It seemed incredible until I heard his September 2005 speech to Eagle Forum in St. Louis.(k) Much of his speech was personal anecdotes, but his comments on illegal immigration made clear how much Simcox emphasizes the future and avoids the past and even the present:

  • "If we secure our borders, there's no longer a problem with illegal immigration."
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  • Simcox believes groups like FAIR who fight illegal immigration have missed the boat. He says "The message should be 'border security.'"
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  • "Forget about illegal immigration. It causes problems--a myriad of problems, but illegal immigration isn't the issue--the lack of border security is the ."
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  • "We should tell our representatives in Congress that we're not talking about guest worker programs, not talking about amnesty, we're talking about border security."[/*:m:27gx6u39]


The Eagle Forum speech didn't clearly tell whether Chris is a silent "guest-worker plan/amnesty" supporters because it emphasizes "future." His response to my question "Do you favor the 'guest-worker plan?'" (below) was more confrontational than informational, including labeling me as the enemy and a slacker in the movement:


”Do your homework and listen to every print, radio and television interview - I have said it over, and over, no guest worker program - no detention centers -close the border(s) starting with the U.S. Mexico border - put U.S. citizens back to work then let the employers recruit guest workers to fill jobs when there is no citizen willing to take them -that's free market economy.

If we ever consider a guest worker program -once we secure the border - then let the employer subsidize the imported worker -they pay for transportation to the work site - the employer subsidizes, housing and health care - no families, no children, only workers -hold at least half the wages in escrow until the worker returns home - those who have never entered the U.S.illegally get to be first in line for the jobs available. Secure the border, clean up the mess, put U.s. citizens back to work and then, only then will we even consider a guest worker plan.

Hope that is clear enough -although, my words will somehow, most likely get twisted around, but that's how the world works - from both sides of the issue - I'm beginning to think no one really wants the border secured and it's getting more difficult to tell friend from foe -present company included.”
Chris doesn't mention that the current "guest worker plans" are amnesty, plain and simple. Chris knows that offering amnesty to illegal aliens won't deliver border security; I have no doubt of that.

I doubt that Chris knew how much "homework" I'd already done to find virtually no position in print on "guest worker amnesties" being considered in Congress. Beyond the Eagle Forum speech CD, that "homework" included; Reviewing 42 issues of Simcox's weekly Tombstone Tumbleweed while I subscribed from August 2003-August 2004 prior to his Minutemen career. The newspaper carried usual local news, with commentary on immigration in either "Chris' Corner" or "Borderline Politics."

I found two of my own "Letters to the Editor" but very little that outlined Chris' position on illegal alien amnesty or "guest-worker-plan/amnesty" or even what "amnesty" means.

  • A special notice from Chris on the bags of illegal alien trash deposited in front of Jim Kolbe's district office in October 2003 after Kolbe introduced his "Guest Worker Plan" with Jeff Flake and John McCain:

    "The next time someone plans this, call me, and I'll help out. I advocate that these actions become a weekly event. I also encourage citizens to now go to the next step--deposit trash on the doorsteps of Kolbe's, MaCain's homes, and drop off even more trash to Governor Napolitano's office at the state capitol, and to her home. I hope these reminders continue until Kolbe demands that the President send troops to augment Border Patrol until we can enforce the rule of law and demand that people enter the US legally."[/*:m:27gx6u39]


"If Kolbe does not get tough on the issue of illegal immigration and drug crimes, he will be tarred and feathered in the next election. His guest worker program is pandering of the worst kind; it shows your weakness Mr. Kolbe--we need strong leaders and your days in officer are limited if you don't listen to your constituents and follow the Constitution. We need to recall Napolitano for not sending the National Guard to the border.” (r)

Chris didn't mention that the McCain/Kolbe/Flake bill in question was clearly an amnesty, despite the general recognition by everyone in the immigration issue at the time.

  • Chris' Corner referred to "amnesty" in commenting on the President's January 7, 2004 speech outlining a "Guest Worker Plan" to "match willing employees with willing employers" to do the jobs Americans won't do: "No, Mr. President, I don't agree with blanket amnesty, and in fact my vote and millions more will be directed towards the one American who pledges to protect the sovereignty of our borders." (s) Even after the brief reference to "amnesty," the subject is quickly changed to "sovereignty."

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  • The Tumbleweed carried a statement from Congressman Ron Paul that among other comments condemned amnesty to illegal aliens (t), but no the Tumbleweed didn't express a position on amnesty.

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  • An April 5 2005 interview by WorldNet Daily columnist Larry Elder ("Sage of South Central") (l) during the April 2005 Minutemen operation in southern Arizona. Elder writes "He [Simcox] agrees that we need some orderly system to match willing sellers of labor with willing suppliers. Simcox realizes what others refuse to acknowledge - there are jobs Americans simply will not take, and he supports some form of guest-worker program, as proposed by President Bush. But, he says, it cannot work without first securing the borders."[/*:m:27gx6u39]


Simcox replied, "I agree. No one can deny that there are jobs in this country that are available, jobs other people won't take ... We're not talking about preventing people from coming to work. We're talking about people entering the country illegally. We need to know who is coming into this country, where they're going, and their intentions. If their intentions are to work, then, by all means, we should welcome them. My plan would be that we have a way to expedite workers coming in.”

Elder's use of the terms "willing suppliers" and "willing sellers of labor" almost parrots George Bush's guest worker plan designed to "match willing workers with willing employers." And the phrase "jobs Americans won't take" which generates such fury among Americans comes straight from the Chamber of Commerce and Open Borders Lobby propaganda machines. That Chris' agreement with such sentiments would trouble anti-illegal immigration activists is understandable, especially with Chris's reply to my sending Elder's article:


"Actually I had never seen this article, but it is well done and I agree with everything in it. I've been listening to Larry Elder on the radio in Los Angeles for many years, he is an intelligent, thoughtful, role model and leader in our country. I do remember the interview with him, and all of my quotes are accurate. The one thing you seem to have missed, was the fact that I stated that first we secure the border in the name of national security and public safety. Once we have the border secured, once we have put Americans back to work, then and only then that I will consider a guest worker program, its a logical progression and a reality. Great article, thanks for bringing it to my attention.”

For Simcox to agree with Elder's sentiments doesn't leave much doubt that he supported the "George Bush guest-worker plan," no matter how many times he denies it "over and over." I considered that self-education may have led Chris to adjust his position, but his reply immediately above ("my quotes are accurate") eliminates that. Notwithstanding his "you seem to have missed...," I do notice that his positions concentrate on the "future" and virtually no "past or present."

February 15 2006 Minuteman HQ Alert SIMCOX CHALLENGES SENATE (m) Simcox certainly can't claim "distortion" of his own Minuteman HQ press release, which carefully evaded a position on amnesties disguised as guest-worker plans ("Anyone proposing to enact amnesty/guest worker programs before the border is secured is endangering America.") The ambiguous "The Minutemen are in favor of legal, well-regulated immigration..." can mean anything or nothing, or spun to accommodate the "flavor" for the day. I was neither intimidated or fooled by his "I've said it before and I'm saying it again" posture; if Simcox finds himself called on to repeat what he's said "again and again," perhaps it's because his public position contradicts what he expresses in private conversations and e-mails.

It's inconceivable that Chris as a former journalist-publisher of the Tombstone Tumbleweed is unaware of such political nuances of "past," "present" and "future" in the issue of illegal immigration, regardless of the name he might assign for the three.

So I revised my question and tried again:


"Do you support what are currently named by various US Senators as "guest-worker plans" (e.g. McCain-Kennedy, Specter, Kyl-Cornyn and others) that give amnesty for illegal aliens? Without regard to specific congressional bills, do you support giving illegal aliens amnesty (i.e. allowing illegal aliens to remain in the US rather than assign the penalty of deportation as prescribed by law)?

"No I do not promote the idea of amnesty nor would I ever accept any form of amnesty for anyone who entered the country for work, to drop an anchor baby or to take back what they say we stole from them. Hope that is clear enough.” - Chris

The three sources cited (k)(l)(m) certainly make clear that Simcox supports a "guest worker plan," and that he recognizes the variety currently proliferating in Congress are phony (what Congressman Tom Tancredo calls a "lipsticked pig").

While his private e-mail reply to me states opposition to illegal alien amnesty, I have to wonder why it's so difficult to determine. As my grandmother used to say, "It was like pulling teeth to get him to say so." (She died in 1984, by the way, so she wasn't referring to Chris Simcox.)

I was so gratified to actually determine Chris' position on the current Senatorial "guest worker plans" that I didn't even mention the "Social Security time bomb" and what Chris' position might be. He certainly wouldn't be the only American unaware of it, so perhaps he'll learn from this article or another source. If Simcox should be elected to Congress, he'll definitely encounter the issue there.

The relatively long coverage on Simcox shouldn't suggest that I'm "picking on him;" rather it's because he's so similar of many in the "future" people who have a plan to cure the problem. They'd like the "past and present" to disappear (and wouldn't we all?) because that would simplify everything by avoiding the "what if" and "we've tried that and failed." That doesn't change that viewing only part of the problem produces only part of a solution.

A friend of mine living nearby is currently cross-examining Congressman Jeff Flake and his claims that the H1-B visa system has been a stellar success. Knowing how tenacious are her letters, phone calls and faxes filled with facts from an H1-B facts from an expert, I almost pity Congressman Flake. I emphasize ALMOST because Flake deserves everything she sends his way.

As with other "guest worker plan" supporters like members of Congress Jeff Flake, Jim Kolbe, Chris Cannon, Jon Kyl, John Cornyn, Larry Craig, Howard Berman and Luis Gutierrez, Simcox doesn't mention the demonstrated inability of DHS to properly and accurately administer such "guest worker plans." The GAO (Government Accountability Office) made that very clear when evaluating DHS/CIS progress reducing the current backlog of over 10 million files: "USCIS officials noted that this plan is based on the assumption that the agency will continue to operate under current laws and that if any new legislation, such as a proposed guest worker program, is enacted before the end of fiscal year 2006 without provisions for resources to carry out new responsibilities, the agency's ability to eliminate the backlog could be compromised."(n)(o). In other words, CIS historically is unable and unwilling to even manage its current workload, much less properly administer any new "guest worker plans."

My friend Rob Sanchez would wholeheartedly agree. Author of the "Job Destruction Newsletter" and expert on the H-!B visa program, Rob knows how "mucked-up," fraudulent and unsupervised is the database for the current H1-B visa "guest-worker" program. The two Executive Branch agencies who operate the program (Dept of Labor and DHS Bureau of Citizenship & Immigration Services) have abysmally failed and mismanaged what's in effect a "mini-system" of only 200,000 yearly applications and 500,000 guest workers in the US.

Rob points out there's been no improvement in the 10 years since the Office of the Inspector General published it's impolitely titled study "The Department of Labor's Foreign Labor Certification Programs: The System is Broken and Needs to Be Fixed."(u)

Rob's prime anecdote of H1-B bungling and ineptitude is one of those "only the government could do this." Seems that a labor contractor applied for H1-B visas for Romanian computer programmers at the wage of $5,00 per hour. Despite the wage being less than the current federal minimum wage, Labor Secretary Elaine Chao's agency unhesitatingly approved the application!

How can anyone advocating any of the "guest worker amnesty plans" currently before the Senate Judiciary Committee, prepared to allow a minimum of 20 million plus "guest workers?"

The 2004 report to Congress by GAO (Government Accountability Office) spoke very poorly of CIS in reducing their backlog, and the recent GAO report on Immigration Benefits (u) gave CIS even worse performance reports. After reading recent whistle-blower reports that CIS not only doesn't properly review applicants but doesn't even investigate reports of criminal graud among its own employees, any Member of Congress who supports a "guest worker plan" is either thoroughly stupid or thoroughly "bought and paid for."

As I write, the San Diego Union Tribune and Washington Times have exposed corruption at DHS (Citizenship & Immigration Services), showing clear refusal to thoroughly investigate immigrant applications for criminal background or criminal corruption charges against more than 500 DHS CIS employees. So we now know that INS/CIS is not only inept and sloppy, but untrustworthy as well. Considering the well-known habit of government agency heads to substitute their own (or their bosses') agendas and opinions for laws passed by Congress, it's no surprise that what happens at SSA occurs elsewhere in Executive Branch agencies.

There's no need to ask if the Bush "guest worker plan" is the "lipsticked pig" variety, because the Bush plan was the model used by Congressman Tom Tancredo in coining the phrase, "You can put all the lipstick you want on the pig, but everyone still recognizes it's a pig." All the lipstick in the world doesn't disguise an amnesty - any scheme sparing illegal aliens from deportation is an amnesty.

George Bush and most of his Administration are also silent about the "Social Security time bomb" in the "guest worker plan" he's determined to force upon Americans, but that's no surprise. We recall his fraudulent claims to Congress in late 2003 that the Medicare Reform price tag wouldn't exceed $400 billion. Less than 6 months later, we learned from Chief Medicare Actuary Robert Foster that his true original $543 estimate was rejected by the White House and he was threatened by White House staffers with dismissal if he didn't reduce his estimate to $400 billion. (p) Actually, George Bush's saying one thing and doing another is so routine it's almost ceased to become newsworthy.

Early in 2003, word leaked out of George Bush's Social Security Totalization Treaty with Mexico, by which Mexicans with as little as 6 quarters of US work will qualify for benefits from the US Social Security system even if they worked as illegal aliens and didn't pay Social Security taxes! It was quietly signed by SSA Director Joann Barnhart just before the 2004 Republican convention, but needed approval of the State Department and the signature of the President. Surprisingly enough, the signed treaty has never left SSA. (q)

That's strange considering George Bush's eagerness to deliver American-taxpayer-financed gifts to Vicente Fox and his illegal aliens. But perhaps Bush has another trick up his sleeve for delivering US Social Security benefits - like a "Guest Worker Amnesty."

Don't be fooled into thinking that "Social Security for Mexican illegal aliens" has been defeated. Any "guest worker plan" that allows "legalization" of 25 million-plus illegal aliens produces the same result under "guest worker" disguise as totalization - allowing illegal aliens to claim US Social Security benefits.

Indeed, after passage of the Sensenbrenner bill, the Bush Administration used the "shell game" trick to suggest that the only threat to US Social Security workers is the "Social Security Totalization Agreement." Nowhere does the Bush Administration mention that the mechanism for giving Social Security benefits to ALL illegal aliens (not just those from Mexico) is already in place.(f)

Disarming the time-bomb...
There's no doubt that this time-bomb can be disarmed or that Congress is aware of the need. Each recent session of Congress has seen bills introduced to totally and permanently end Social Security wage transfers for illegal aliens. Congressman Dana Rohrbacher (R, CA) introduced HR 98 in 2004 (h), followed by HR 1438 (j) in the 109th Congress.

By passing HR 1438, Congress would slam the door shut on illegal aliens' attempts to grab wages in the Earning Suspense File for any and all past years.

Contact your Congressman and Senator, both by phone call, e-mail and fax. If you don't know who they are, you'll find their names and phone numbers at www.house.gov and www.senate.gov. Each website has a form for sending an e-mails.

This 2-part series was written as a tool for describing the problem and needed action to members of Congress. Ask the congressional office for an e-mail address that can be used to describe the problem and needed action. Without sending the specific description, you'll likely get a form letter thanking you for writing, and assuring you that Congressman Blank is very concerned.

Tell them you know about the Earning Suspense File, its current $376 billion balance, and what illegal aliens will be doing with it. That alone should make them nervous.

Urge them to vote for HR 1438. It's currently in the House Subcommittee on Social Security and needs to be sent to the House floor with the subcommittee's "pass" recommendation. Tell the Senate to pass it without the usual pandering, amnesty-promoting amendments that Senators historically introduce.

After passage of HR 1438 tells illegal aliens and their employers to say goodbye forever to the Earnings Suspense Fund, what's to be done with the $376 billion?

Here's the solution that gets my vote:


(1) Stiff every illegal alien who "paid into" that $376 billion Knowing the risk of "losing," they gambled by entering the US to work illegally; gamblers must lose without whining or sniveling. That applies to ALL illegal aliens without exception--even those awarded the Congressional Medal of Honor by saving the life of the First Lady or single-handedly rescuing 814 children from a burning building.

Employers will likely try to claim refunds of the employer portion of Social Security contributions, but they deserve to be stiffed as well! That's the penalty they'll pay for hiring illegal aliens that generated this fiasco! Indeed, considering that both Tyson Chicken and Wal-Mart got off virtually scot-free, it's likely to be the only penalty employers will ever pay. That will silence the self-righteous "liberals" who howl that we target the poor illegal aliens and give the employers a pass.

(2) That $376 billion sits in a federal account is a public outrage. Keep 10% to cover future corrections to LEGAL wages for LEGAL workers, and distribute the remaining 90% to states for reimbursing their costs from illegal immigration--both illegal aliens and their anchor babies (medical care, education, jail and legal costs).

(3) To qualify for a pro-rated share of the "federal money," a state must enact AND ENFORCE laws against illegal aliens' voting or receiving any and all public benefits--drivers' licenses, resident college tuition, welfare payments, food stamps, rent & utility subsidies, job training, and bank loans (both consumer and home loans). They must repeal all "sanctuary" policies (otherwise known as "limited cooperation" policies), and pass state laws under CLEAR that provide full cooperation of local and state law enforcement with federal immigration authorities. In addition, the state/local government must have for the past 12 months aggressively pursued collection of medical debts by illegal aliens. (Remember how colleges began aggressively collecting delinquent student loans when "new loan money" to each college was contingent on collecting their past delinquent loans?)

The Deadline: January 1 2008. After that, no more federal reimbursement.

Let's be clear how states may use the money: to pay off debts from costs of illegal immigration, such as bonded indebtedness for schools and hospitals from illegal aliens and their families. It's NOT to be used for expanded service or new programs, nor for grants to agencies and groups who serve illegal aliens or promote immigration.

Naturally, Congress would revisit both EMTALA (Emergency Medical Treatment & Active Labor Act) that requires free treatment to illegal aliens as well as legislation described by Pleyler v. Doe verdict of 1982 that currently requires schools to provide education to illegal aliens. The objective is a double one: pay off past debts from illegal aliens as well as stopping such recurrence in the future.

Shall we predict the results in the "Fun With Dick & Jane" style?

  • See the state legislators stampede to enact such laws and qualify for the "federal money."
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  • Watch disappear the incessant concerns of "profiling" and "immigrants (illegal aliens) rights" when money is at stake.
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  • See illegal aliens begin to deport themselves.
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  • See everyone gasp in amazement at the reduction in state and local government expenses and reduction in crime.
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  • See the improvement in Americans' quality of life.[/*:m:27gx6u39]


No more time-wasting, fraudulent wage credit transfers taking up SSA employees' time and taxpayers money; and Americans needing SSA help will actually be waited on in a timely manner. The Earnings Suspense File money will be circulating in the US economy rather than languishing as a "political carrot.”

That this proposal will be politically unpopular tells clearly why I'm not in Congress. Same goes for several of my enthusiastic friends who edit, proofread and ask "what if" for the commentaries I write.

But Prop 200 was also politically unpopular until Arizonans made their will known. Let's get on the phone, the fax and the internet and make our will known to members of Congress.

No more Social Security wage transfers or Social Security benefits for illegal aliens!

© S. J. Miller, 2006. All Rights Reserved

~ About the Author ~


S. J. Miller, author of the 2005 Federal Observer series Don't be Fooled by Immigration Reform Scams , is a former veteran of the IT industry who sought another career rather than "follow the jobs" abroad, and a lifelong resident of border states, California, Texas, Arizona, and Nevada.