September 24, 2007

In this update:

DREAM Act Still Looms Over Senate

AgJOBS on the Horizon

Recent House Bills Make Strides Towards True Immigration Reform

House Committee Holds Hearing on USCIS Fee Increase

Recent Floor Statements

Press Releases

DREAM Act Still Looms Over Senate
For almost a week now, true immigration reformers have been bracing for the possibility that Senator Dick Durbin (D-IL) and other amnesty advocates will bring the DREAM Act to the floor as an amendment to the Department of Defense Authorization Bill (H.R.1585). The efforts by amnesty advocates such as Senator Durbin to tack the DREAM Act onto what many consider a "must-pass" bill has been widely criticized as an attempt to pass amnesty legislation piece by piece. The DREAM Act was part of the massive Bush-Kennedy Amnesty Bill (S.1639), which was overwhelmingly rejected in June of this year.

The week began with Senator Durbin giving a speech on the Senate floor, recognizing that some might question why he would bring up such a controversial amendment during a debate over our nation's armed forces. His response was that the DREAM Act would address a serious recruitment crisis facing our military. "Under the DREAM Act," he said, "tens of thousands of well-qualified potential recruits would become eligible for military service for the first time. They are eager to serve in the armed services, and under the DREAM Act, they would have a very strong incentive to enlist because it would give them a path to permanent legal status."

Senator Durbin's vision of granting legal status to illegal aliens in order to meet our military recruitment goals was not well-received. This may have been because those who are familiar with the DREAM Act's history know that the legislation deals with more than granting amnesty to illegal aliens who serve in the military. Previous versions of the legislation have granted amnesty to an uncapped number of illegal aliens in the military or school—regardless of age, it allowed states to offer in-state tuition to illegal aliens and it expressly provided that illegal aliens who receive status under the Act are eligible for federal financial aid for college tuition.

Under pressure from skeptics in the Senate and growing outcries from middle-class America, Senator Durbin filed a revised version of his DREAM Act (S.A.2919) amendment on Wednesday. The revised version purports to create an age limit of 30; however the age limit does not affect the ability of illegal aliens to receive retroactive benefits if they already meet the criteria of the amnesty program. The amendment also deletes the section relating to in-state tuition, but maintains the provision allowing illegal aliens granted legal status under the program to receive federal financial aid for college tuition.

Whether these changes are sufficient to persuade more Senators to support this amnesty legislation is still in question. Outraged constituents have been calling Senate offices by the thousands. In fact, FAIR has learned that one Senate office received over 10,000 calls on the DREAM Act in only three days—85% of which were in opposition. Some worry that the relative silence on the part of amnesty advocates suggest that they intend to slip the DREAM Act into the DOD Authorization Bill under the cover of darkness. Stay tuned to FAIR for more updates on the DREAM Act…

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AgJOBS on the Horizon
This week, Capitol Hill sources informed FAIR that Senators are already working behind the scenes to bring the AgJOBS legislation to the floor—maybe as early as this week! According to these sources, Senator Feinstein hopes to amend AgJOBS onto the Farm Bill in the Senate Agriculture Committee and then use that bill as a vehicle to pass the amnesty legislation. Some Senators have already been approached to see whether they would support a cloture motion on the Senate floor.

AgJOBS, which was part of the massive Bush-Kennedy Amnesty Bill (S.1639), grants amnesty to 1.5 million illegal alien farm workers, plus their families. It also makes substantial reforms to the existing—and uncapped—agricultural guest worker program, commonly known as the H-2A program. These reforms would make it easier for agri-business to import foreign labor at lower wages. AgJOBS has long been pushed by agri-business special interests and Senators Dianne Feinstein (D-CA) and Larry Craig (R-ID) to secure a stream of cheap foreign workers for U.S. farms and ranches.



Recent House Bills Make Strides Towards True Immigration Reform
Over the past month, several members of the House of Representatives have taken important steps to encourage state and local governments to take up immigration enforcement in the absence of federal action. On September 7, Representative Marsha Blackburn (R-TN) introduced the Charlie Norwood CLEAR Act of 2007 (H.R. 3494). The legislation is named in honor of the late Congressman Charlie Norwood (R-GA), who initially introduced the legislation in 2003 as the Clear Law Enforcement for Criminal Alien Removal Act. The bill garnered one-quarter of House members as co-sponsors, but was never enacted. The CLEAR Act clarifies the inherent authority of local law enforcement to enforce federal immigration laws. The legislation also provides that local law enforcement agencies not inquiring into the immigration status of suspected aliens will lose federal dollars that go to cover the cost of detaining illegal aliens in state prisons and local jails.

On September 14, Representative Ginny Brown-Waite (R-FL) introduced similar legislation targeting sanctuary cities. The Accountability in Enforcing Immigration Laws Act of 2007 (H.R. 3531) authorizes the detention of all illegal aliens apprehended until they are deported and it creates incentives for those states and municipalities assisting in the identification and detention of illegal aliens. Under the bill, cities that harbor criminal illegal aliens will see a 25 percent reduction in non-emergency Department of Homeland Security (DHS) funding within six months. This reduction in DHS funding may increase to 50 percent. Finally, the legislation increases the penalty for illegal entry from a misdemeanor to a felony. According to Rep. Brown-Waite, "When cities proclaim that they will not check immigration status, they essentially become a safe haven for not only out-of-status immigrants, but criminal aliens who have often committed violent atrocities in our country." At this time, the bill has nine co-sponsors, including Brian Bilbray (R-CA), Elton Gallegly (R-CA), and Tom Tancredo (R-CO).

Lastly, on Thursday, September 20, Representative Dave Weldon (R-FL) introduced legislation authorizing state and local governments to impose additional employment verification requirements on employers and to provide state penalties for hiring illegal aliens. The bill is aimed at undoing the recent federal court decision striking down the efforts of the city of Hazelton, Pennsylvania to punish businesses which employ illegal aliens by revoking their business licenses. The legislation clearly reasserts the authority of states and municipalities to sanction employers through state and local power to issue business licenses. In addition, it allows state and local governments to impose more demanding standards of employment verification than those imposed by federal law. According to Rep. Weldon, "The federal government has passed immigration laws but refuses to enforce them. My bill will ensure that communities, which are forced to pay for tens of billions of dollars in services to illegal immigrants, are able to address local problems caused by the influx of illegal immigrants." (TCPalm.com, September 21, 2007).



House Committee Holds Hearing on USCIS Fee Increase
On Thursday, the House Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law held a hearing on recent fee increases by U.S. Citizenship and Immigration Services (USCIS). The fee increases, which went into effect at the end of July, raised USCIS application and service charges by an average of 88 percent. The agency expects to raise an additional $1.2 billion from the fee increase. With the increased income from fees, USCIS plans not only to shorten application processing time, but to become 99 percent self-funded.

The list of attendees included several USCIS officers and directors, as well as members of various unions and immigrants rights organizations, including Rhadmes Rivera of the Service Employees International Union (SEIU), which is currently suing USCIS to stop the fee increase. At the hearing, committee Chairwoman Zoë Lofgren (D-CA) suggested that USCIS was overcharging immigrants for its services, noting that the agency had raised fees nearly 750 percent over the previous 16 years. Luis Gutierrez (D-IL), author of the Flake-Gutierrez amnesty legislation, also took aim at the fee increase, accusing the government of double-billing immigrants who already pay taxes for access to federal services. Representative Steve King (R-IA) disagreed, pointing out that the privilege of American citizenship is "priceless," and that any cost is a small price to pay for immigrants seeking citizenship services. (National Journal, September 20, 2007).



Recent Floor Statements
Rep. David Vitter (R-IL) commented on Dream Act Amendment (September 20, 2007)
Rep. Dave Weldon (R-FL) commented on Introduction Of "Local Law Enforcement Restoration Act Of 2007'' (September 20, 2007)
Rep. Ander Crenshaw (R-FL) commented on H.R. 3162:--The Children's Health And Medicare Protection Act (September 20, 2007)
Sen. Richard Durbin (D-IL) commented on SA 2919 Title XXXIII--DREAM Act Of 2007 (September 19, 2007)
Rep. Steve King (R-IA) commented on Immigration (September 19, 2007)
Sen. Jeff Sessions (R-AL) commented on Defense Authorization And Appropriations (September 18, 2007)
Sen. Richard Durbin (D-IL) commented on National Defense Authorization Act For Fiscal Year 2008 (September 18, 2007)
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Press Releases
Registration is now open for FAIR's 2007 Immigration Reform Summit in Florida (September 20, 2007)
Senate Preparing to Dress a Wolf in Sheep’s Clothing (September 17, 2007)

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