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Revealed: The Secret Immigration Chapter in Obama’s Trade Agreement

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by Alex Swoyer10 Jun 2015Washington, DC
Discovered inside the huge tranche of secretive Obamatrade documents released by Wikileaks are key details on how technically any Republican voting for Trade Promotion Authority (TPA) that would fast-track trade deals like the Trans-Pacific Partnership (TPP) trade deal would technically also be voting to massively expand President Obama’s executive authority when it comes to immigration matters.

The mainstream media covered the Wikileaks document dump extensively, but did not mention the immigration chapter contained within it, so Breitbart News took the documents to immigration experts to get their take on it. Nobody has figured how big a deal the documents uncovered by Wikileaks are until now. (See below)
The president’s Trade in Services Act (TiSA) documents, which is one of the three different close-to-completely-negotiated deals that would be fast-tracked making up the president’s trade agreement, show Obamatrade in fact unilaterally alters current U.S. immigration law. TiSA, like TPP or the Transatlantic Trade and Investment Partnership (T-TIP) deals, are international trade agreements that President Obama is trying to force through to final approval. The way he can do so is by getting Congress to give him fast-track authority through TPA.
TiSA is even more secretive than TPP. Lawmakers on Capitol Hill can review the text of TPP in a secret, secured room inside the Capitol—and in some cases can bring staffers who have high enough security clearances—but with TiSA, no such draft text is available.
Voting for TPA, of course, would essentially ensure the final passage of each TPP, T-TIP, and TiSA by Congress, since in the history of fast-track any deal that’s ever started on fast-track has been approved.
Roughly 10 pages of this TiSA agreement document leak are specifically about immigration.
“The existence of these ten pages on immigration in the Trade and Services Agreement make it absolutely clear in my mind that the administration is negotiating immigration – and for them to say they are not – they have a lot of explaining to do based on the actual text in this agreement,” Rosemary Jenks, the Director of Government Relations at Numbers USA, told Breitbart News following her review of these documents.
Obama will be able to finalize all three of the Obamatrade deals, without any Congressional input, if Congress grants him fast-track authority by passing TPA. Fast-track lowers the vote thresholds in the Senate and blocks Congress from amending any trade deals—and also, since each of these three deals are pretty much entirely negotiated already, it wouldn’t lead to any more congressional involvement or transparency with each.
The Senate passed the TPA last month, so it is up to the House to put the brakes on Obama’s unilateral power. The House could vote as early as Friday on fast-track, but may head into next week. By all counts, it’s going to be a very tight vote—and may not pass. It remains to be seen what will happen in light of leaks about things like the immigration provisions of TiSA—which deals with 24 separate parties, mostly different nations but also the European Union. It is focused on increasing the free flow of services worldwide—and with that, comes labor. Labor means immigration and guestworkers.
“This Trade and Services Agreement is specifically mentioned in TPA as being covered by fast-track authority, so why would Congress be passing a Trade Promotion Authority Act that covers this agreement, if the U.S. weren’t intended to be a party to this agreement – so at the very least, there should be specific places where the U.S. exempts itself from these provisions and there are not,” explained Jenks.
She emphasized that this is a draft, but at this point “certainly the implication is that the U.S. intends to be a party to all or some of the provisions of this agreement. There is nothing in there that says otherwise, and there is no question in my mind that some of the provisions in this Trade and Services Agreement would require the United States to change its immigration laws.”
In 2003, the Senate unanimously passed a resolution that said no immigration provision should be in trade agreements – and in fact, former Sen. Hillary Rodham Clinton (D-NY) voted for this resolution.
The existence of these 10 pages is in clear violation of that earlier unanimous decision, and also in violation of the statements made by the U.S. Trade Representative.
“He has told members of Congress very specifically the U.S. is not negotiating immigration – or at least is not negotiating any immigration provisions that would require us to change our laws. So, unless major changes are made to the Trade and Services Agreement – that is not true,” said Jenks.
There are three examples within the 10 pages of areas where the U.S. would have to alter current immigration law.
First, on page 4 and 5 of the agreement, roughly 40 industries are listed where potentially the U.S. visa processes would have to change to accommodate the requirements within the agreement.
Jenks explained that under the agreement, the terms don’t have an economic needs based test, which currently U.S. law requires for some types of visa applications in order to show there aren’t American workers available to fill positions.
Secondly, on page 7 of the agreement, it suggests, “The period of processing applications may not exceed 30 days.”
Jenks said this is a massive problem for the U.S. because so many visa applications take longer than 30 days.
“We will not be able to meet those requirements without essentially our government becoming a rubber stamp because it very often takes more than 30 days to process a temporary worker visa,” she said.
Jenks also spotted another issue with the application process.
“The fact that there’s a footnote in this agreement that says that face to face interviews are too burdensome … we’re supposed to be doing face to face interviews with applicants for temporary visas,” she added.
“According to the State Department Consular Officer, it’s the in person interviews that really gives the Consular Officer an opportunity to determine – is this person is a criminal, is this person a terrorist … all of those things are more easily determined when you’re sitting face to face with someone and asking those questions.”
The third issue is present on page 4 of the agreement. It only provides an “[X]” where the number of years would be filled in for the entry or temporary stay.
Jenks explained that for example, with L visas under current U.S. immigration law, the time limit is seven years – so if the agreement were to go beyond seven years, it would change current U.S. law.
This wouldn’t be unconstitutional if Obama has fast-track authority under TPA, as Congress would essentially have given him the power to finalize all aspects of the negotiations, including altering immigration law.
“I think this whole thing makes it very clear that this administration is negotiating immigration – intends to make immigration changes if they can get away with it, and I think it’s that much more critical that Congress ensure that the administration does not have the authority to negotiate immigration,” Jenks said.
Breitbart News’ Matthew Boyle contributed to this report.