Thread: * Urgent * SENATE AMNESTY TEXT!! S.1348

Hint for using 'Thomas' folks.

The link just shut me down for 'too long'. So I went back and copied/pasted the section I'm working on an 'new message' in my email. Then shut 'Thomas' down so I can go back. Will edit on that email, then copy/past in ALIPAC. Never done this before. If you have a better idea, pm me, please.

Please continue phone calls:

*BLITZ* ~ the Senate HAIL MARY AMNESTY BOMB

http://www.alipac.us/modules.php?name=F ... 804#352804

Check out these latest updates from Roy Beck---the S. 1438 was simply last year's Senate amnesty bill probably introduced to throw us off stride. The Republicans are still working on a compromise!!!! "A BAD BILL IS WORSE THAN NO BILL AT ALL"



http://www.alipac.us/modules.php?name=F ... ic&t=63433

http://www.alipac.us/modules.php?name=F ... ic&t=63431

Section 113.b3c

(C) in exploring methods for Canada, Mexico, and the United States to waive visa requirements for nationals and citizens of the same foreign countries;

This means unchecked movement of all nationals within North America.

TITLE I--BORDER ENFORCEMENT
Subtitle B--Border Security Plans, Strategies, and Reports

SEC. 113. REPORTS ON IMPROVING THE EXCHANGE OF INFORMATION ON NORTH AMERICAN SECURITY.

(a) Requirement for Reports- Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of State, in coordination with the Secretary and the heads of other appropriate Federal agencies, shall submit to Congress a report on improving the exchange of information related to the security of North America.

NAU

(b) Contents- Each report submitted under subsection (a) shall contain a description of the following:

(1) SECURITY CLEARANCES AND DOCUMENT INTEGRITY- The progress made toward the development of common enrollment, security, technical, and biometric standards for the issuance, authentication, validation, and repudiation of secure documents, including--

(A) technical and biometric standards based on best practices and consistent with international standards for the issuance, authentication, validation, and repudiation of travel documents, including--
(i) passports;
(ii) visas; and
(iii) permanent resident cards;

(B) working with Canada and Mexico to encourage foreign governments to enact laws to combat alien smuggling and trafficking, and laws to forbid the use and manufacture of fraudulent travel documents and to promote information sharing;

NAU

(C) applying the necessary pressures and support to ensure that other countries meet proper travel document standards and are committed to travel document verification before the citizens of such countries travel internationally, including travel by such citizens to the United States; and

Ever heard of fraudulent documents, corruption, bribery?

(D) providing technical assistance for the development and maintenance of a national database built upon identified best practices for biometrics associated with visa and travel documents.

REAL ID Fraud possible, ID theft easy.

(2) IMMIGRATION AND VISA MANAGEMENT- The progress of efforts to share information regarding high-risk individuals who may attempt to enter Canada, Mexico, or the United States, including the progress made--

Criminals? Gang members, drug and human traffickers? Terrorists?

(A) in implementing the Statement of Mutual Understanding on Information Sharing, signed by Canada and the United States in February 2003; and

(B) in identifying trends related to immigration fraud, including asylum and document fraud, and to analyze such trends.

(3) VISA POLICY COORDINATION AND IMMIGRATION SECURITY- The progress made by Canada, Mexico, and the United States to enhance the security of North America by cooperating on visa policy and identifying best practices regarding immigration security, including the progress made-

NAU, NAU, NAU

(A) in enhancing consultation among officials who issue visas at the consulates or embassies of Canada, Mexico, or the United States throughout the world to share information, trends, and best practices on visa flows;

(B) in comparing the procedures and policies of Canada and the United States related to visitor visa processing, including--
(i) application process;
(ii) interview policy;

(iii) general screening procedures;

(iv) visa validity;

(v) quality control measures; and

(vi) access to appeal or review;

(C) in exploring methods for Canada, Mexico, and the United States to waive visa requirements for nationals and citizens of the same foreign countries;

OBL, and UN plan for 'free immigration'. NAU.

(D) in providing technical assistance for the development and maintenance of a national database built upon identified best practices for biometrics associated with immigration violators;

REAL ID

(E) in developing and implementing an immigration security strategy for North America that works toward the development of a common security perimeter by enhancing technical assistance for programs and systems to support advance automated reporting and risk targeting of international passengers;

NAU, which means loss of sovereignty for the USA, as well as for Mexico and Canada. For "common security perimeter" read: one border around Canada, the USA and Mexico.

(F) in sharing information on lost and stolen passports on a real-time basis among immigration or law enforcement officials of Canada, Mexico, and the United States; and

(G) in collecting 10 fingerprints from each individual who applies for a visa.

What, no DNA? Sarcasm intended.

(4) NORTH AMERICAN VISITOR OVERSTAY PROGRAM- The progress made by Canada and the United States in implementing parallel entry-exit tracking systems that, while respecting the privacy laws of both countries, share information regarding third country nationals who have overstayed their period of authorized admission in either Canada or the United States.

Why isn't MEXICO in here? Is any other law-abiding US citizen or LEGAL immigrant a tad concerned re all the data collecting?

(5) TERRORIST WATCH LISTS- The progress made in enhancing the capacity of the United States to combat terrorism through the coordination of counterterrorism efforts, including the progress made--

(A) in developing and implementing bilateral agreements between Canada and the United States and between Mexico and the United States to govern the sharing of terrorist watch list data and to comprehensively enumerate the uses of such data by the governments of each country;

(B) in establishing appropriate linkages among Canada, Mexico, and the United States Terrorist Screening Center; and

(C) in exploring with foreign governments the establishment of a multilateral watch list mechanism that would facilitate direct coordination between the country that identifies an individual as an individual included on a watch list, and the country that owns such list, including procedures that satisfy the security concerns and are consistent with the privacy and other laws of each participating country.

You hear 'bringing our laws in line with each other' meaning the lowest common denominator.

(7) LAW ENFORCEMENT COOPERATION- The progress made in enhancing law enforcement cooperation among Canada, Mexico, and the United States through enhanced technical assistance for the development and maintenance of a national database built upon identified best practices for biometrics associated with known and suspected criminals or terrorists, including exploring the formation of law enforcement teams that include personnel from the United States and Mexico, and appropriate procedures for such teams.

Do you want cops from Mexico in the USA, making arrests, etc. when they are acknowledged to be, some of the most corrupt in the world? By a high Mexican official?

Critique of S1348

>>Critical portions (questions especially) in bold

>> NR = 'Nothing Remarkable'



SEC 101 Enforcement Personnel

(NR)


SEC. 202. DETENTION AND REMOVAL OF ALIENS ORDERED REMOVED.


Authority transferred from AG to DHS Secretary

These various language changes that, in total, amount to ‘watering down’ the requirements to hold and deport illegals - especially those under orders of removal. Allows for less mandatory incarceration, greater self-reporting, etc.

Block Begin -

`( ADDITIONAL RULES FOR DETENTION OR RELEASE OF ALIENS- The following procedures shall apply to an alien detained under this section:

`(A) DETENTION REVIEW PROCESS FOR ALIENS WHO HAVE EFFECTED AN ENTRY AND FULLY COOPERATE WITH REMOVAL- The Secretary of Homeland Security shall establish an administrative review process to determine whether an alien described in subparagraph (B) should be detained or released after the removal period in accordance with this paragraph.

`(B) ALIEN DESCRIBED- An alien is described in this subparagraph if the alien--

`(i) has effected an entry into the United States;

`(ii) has made all reasonable efforts to comply with the alien's removal order;

`(iii) has cooperated fully with the Secretary's efforts to establish the alien's identity and to carry out the removal order, including making timely application in good faith for travel or other documents necessary for the alien's departure; and

`(iv) has not conspired or acted to prevent removal.

- Block end

Summary - this is worrisome, as it basically says that for those illegals that have been caught and are being held (jailed), that the DHS has a lot of latitude in determining whether to continue to hold them or even release them if...they have been cooperating with immigration officials in a productive way. So, once released after their cooperation, under the assumption they will leave on their own recognizance, what process is in place to go find and deport them should they not live up to their part of the voluntary removal agreement? (Eg. Such thing is not identified here).


Here’s another problematic section similar to the above, but this time, think of Elvira and people like her:

Block Begin -

`(E) AUTHORITY TO DETAIN FOR ADDITIONAL PERIOD- The Secretary, in the exercise of the Secretary's discretion and without any limitations other than those specified in this section, may detain an alien beyond the 90-day period authorized under subparagraph (D) until the alien is removed, if the Secretary--

`(i) determines that there is a significant likelihood that the alien will be removed in the reasonably foreseeable future; or

`(ii) certifies in writing--

`(I) in consultation with the Secretary of Health and Human Services, that the alien has a highly contagious disease that poses a threat to public safety;

`(II) after receipt of a written recommendation from the Secretary of State, that the release of the alien would likely have serious adverse foreign policy consequences for the
United States;

Block End

Note Section (II) - allows Sec. Of State to provide for sensitive or high-profile cases to allow appeasement of diplomatic staff as to removal of aliens caught here. Yes, we should in some cases consider the effects on foreign policy, but should we write into law a requirement that the SoS be involved? Why can’t DHS Secretary handle this on their own?


Laws to be effective upon passage of the act - (eg. Immediately)


SEC 203 Aggravated Felony

(NR)

SEC 204 Terrorist Bars

(A) Good Moral Character
Allows terrorists to apply/enter as long as they have committed their crimes > 10 years previous. (Etc) - Under these definitions and rules, the ‘Ft Dix 6', would be allowed to remain in the US - *even if*, they were identified and apprehended by state/local authorities.


SEC. 205. INCREASED CRIMINAL PENALTIES RELATED TO GANG VIOLENCE, REMOVAL, AND ALIEN SMUGGLING.

Block Begin-

`(d) Denying Visas to Nationals of Country Denying or Delaying Accepting Alien- The Secretary of Homeland Security, after making a determination that the government of a foreign country has denied or unreasonably delayed accepting an alien who is a citizen, subject, national, or resident of that country after the alien has been ordered removed, and after consultation with the Secretary of State, may instruct the Secretary of State to deny a visa to any citizen, subject, national, or resident of that country until the country accepts the alien that was ordered removed.'.

Block End

Summary - necessary to deal with countries like China who have a bad habit of not accepting their very own deportees back into their own country.


Watch this language carefully -

Block Begin-

`(d) Authority To Arrest- No officer or person shall have authority to make any arrests for a violation of any provision of this section except--

`(1) officers and employees designated by the Secretary of Homeland Security, either individually or as a member of a class; and

`(2) other officers responsible for the enforcement of Federal criminal laws.

Block End

Explicitly defines jurisdiction solely to Federal law enforcement; or those authorized by Fed. law enforcement. Any bearing upon on Section 287(g) and those wishing to do local enforcement?
I imagine that the enforcement provisions are largely unchanged, but this language is still potentially worrisome.

Fiscal provisions (funds allocated only through next Presidential election cycle):

`(3) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums are necessary for the fiscal years 2008 through 2012 to carry out this subsection.’

SEC 207 ILLEGAL ENTRY

(NR)

SEC. 208. REFORM OF PASSPORT, VISA, AND IMMIGRATION FRAUD OFFENSES.

SECs 1546-1550 approx.

These provide greater penalties for aliens that are apprehended - but, that really isn’t the main problem - we have plenty of penalties in effect NOW, what is needed is greater apprehensions - eg. greater enforcement, not new penalties. How have the existing penalties deterred illegal entry even now???


This one actually looks good (from our side):
.
`SEC. 1554. Authorized law enforcement activities

`Nothing in this chapter shall prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or an intelligence agency of the United States, or any activity authorized under title V of the Organized Crime Control Act of 1970 (84 Stat. 933).


SEC. 1555. Exception for refugees, asylees, and other vulnerable persons

`(a) In General- If a person believed to have violated section 1542, 1544, 1546, or 1548 while attempting to enter the United States, without delay, indicates an intention to apply for asylum under section 208 or 241(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1158 and 1231), or for relief under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (in accordance with section 208.17 of title 8, Code of Federal Regulations), or under section 101(a)(15)(T), 101(a)(15)(U), 101(a)(27)(J), 101(a)(51), 216(c)(4)(C), 240A(b)(2), or 244(a)(3) (as in effect prior to March 31, 1997) of such Act, or a credible fear of persecution or torture--

`(1) the person shall be referred to an appropriate Federal immigration official to review such claim and make a determination if such claim is warranted;

`(2) if the Federal immigration official determines that the person qualifies for the claimed relief, the person shall not be considered to have violated any such section; and

`(3) if the Federal immigration official determines that the person does not qualify for the claimed relief, the person shall be referred to an appropriate Federal official for prosecution under this chapter.


Summary: There is no limit on the number of aliens that can apply for, and receive admission under the refugees and asylum provisions. What happens when Castro dies in Cuba, and, if another dictatorial government were to remain in place, and not, if, but WHEN there is a sudden exodus (to the US)... are we obligated to grant entry/residency to tens or hundreds of thousands or even millions of newcomers???


SEC. 209. INADMISSIBILITY AND REMOVAL FOR PASSPORT AND IMMIGRATION FRAUD OFFENSES

(NR - Minor language changes)


SEC. 210. INCARCERATION OF CRIMINAL ALIENS.

Summary:

(Reviewer Note - I would like to see some mention or addressing of requiring origin nations to have to fund at least part of the incarceration costs of their aliens when they are convicted and incarcerated in our country)


Institutional Removal Program - Continuation, but Expansion optional, not guaranteed.

Funds allocated through 2008-2012


SEC. 211. ENCOURAGING ALIENS TO DEPART VOLUNTARILY.

(Minor language changes, still need to watch these however)


SEC. 212. DETERRING ALIENS ORDERED REMOVED FROM REMAINING IN THE UNITED STATES UNLAWFULLY.

(NR)


SEC. 213. PROHIBITION OF THE SALE OF FIREARMS TO, OR THE POSSESSION OF FIREARMS BY CERTAIN ALIENS


(NR - needs more research though)

SEC. 214. UNIFORM STATUTE OF LIMITATIONS FOR CERTAIN IMMIGRATION, NATURALIZATION, AND PEONAGE OFFENSES.

`Sec. 3291. Immigration, naturalization, and peonage offenses

`No person shall be prosecuted, tried, or punished for a violation of any section of chapters 69 (relating to nationality and citizenship offenses), 75 (relating to passport, visa, and immigration offenses), or 77 (relating to peonage, slavery, and trafficking in persons), for an attempt or conspiracy to violate any such section, for a violation of any criminal provision under section 243, 266, 274, 275, 276, 277, or 278 of the Immigration and Nationality Act (8 U.S.C. 1253, 1306, 1324, 1325, 1326, 1327, and 132, or for an attempt or conspiracy to violate any such section, unless the indictment is returned or the information filed not later than 10 years after the commission of the offense.'.


Provides for a statute of limitations (eg ‘amnesty’) in terms of committing an immigration-related offense - so long as, the offense took place 10 or more years ago. More recent crimes are prosecuted, those committed 10 or more years ago are effectively ‘forgiven’.




SEC. 215. DIPLOMATIC SECURITY SERVICE.

(NR)


SEC. 216. FIELD AGENT ALLOCATION AND BACKGROUND CHECKS.

(a) In General- Section 103 (8 U.S.C. 1103) is amended--

(1) by amending subsection (f) to read as follows:

`(f) Minimum Number of Agents in States-

`(1) IN GENERAL- The Secretary of Homeland Security shall allocate to each State--

`(A) not fewer than 40 full-time active duty agents of the Bureau of Immigration and Customs Enforcement to--

`(i) investigate immigration violations; and

`(ii) ensure the departure of all removable aliens; and

`(B) not fewer than 15 full-time active duty agents of the Bureau of Citizenship and Immigration Services to carry out immigration and naturalization adjudication functions.

`(2) WAIVER- The Secretary may waive the application of paragraph (1) for any State with a population of less than 2,000,000, as most recently reported by the Bureau of the Census'; and

(2) by adding at the end the following:


`(i) Notwithstanding any other provision of law, appropriate background and security checks, as determined by the Secretary of Homeland Security, shall be completed and assessed and any suspected or alleged fraud relating to the granting of any status (including the granting of adjustment of status), relief, protection from removal, or other benefit under this Act shall be investigated and resolved before the Secretary or the Attorney General may--

`(1) grant or order the grant of adjustment of status of an alien to that of an alien lawfully admitted for permanent residence;

`(2) grant or order the grant of any other status, relief, protection from removal, or other benefit under the immigration laws; or

`(3) issue any documentation evidencing or related to such grant by the Secretary, the Attorney General, or any court.'.

(b) Effective Date- The amendment made by subsection (a)(1) shall take effect on the date that is 90 days after the date of the enactment of this Act.



This is troublesome. The section begins by mentioning agent funding levels, and then goes into a discussion about how status can be changed or granted? Also, mention the protection from removal, etc. Are people enforcing immigration law supposed to do judicial interpretation in parallel with their enforcement responsibilities? I don’t think so!


SEC 217 CONSTRUCTION

(NR)


SEC. 218. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM.


“ (a) Reimbursement for Costs Associated With Processing Criminal Illegal Aliens- The Secretary shall reimburse States and units of local government for costs associated with processing undocumented criminal aliens through the criminal justice system, including--

(1) indigent defense;

(2) criminal prosecution;

(3) autopsies;

(4) translators and interpreters; and

(5) courts costs.â€

Originally Posted by olivermyboy

S.1348 is S 2611 from last summer!!! Introduced by Kennedy, Menendez, and Salazar and Reid!!!!!!!!!

Let's rip it a part for the worthless crap it is and start making calls ASAP

Senator Salazar aggravates me more everyday. I am just glad I am in his district so I can vote him out when the time comes, its just too bad its quite a while off.

I plan on contacting Salazar's local office and giving them a huge ear full about how this will not be forgotten and his continued support of amnesty will force me and other local activists to donate time and money to his opposition come 2010. Its a long time off but we will not forget.

Now its time for me to be off to read this bill and see what I can dig out as blatent slaps to the faces of the Legal American Citizen.

If she stole someone else's SSN, then what about that victim? Her whole case makes me want to

Are there any sections left to be dissected?
I'm happy to take some on....
Should I just pick one or are they being assigned?????

Here is a simple question. How will they know if these people ACTUALLY left and re-entered with permission?

Now today is a bad day for me to be sitting down to try to read through this, and I will admit, I a will only have a small chance to sit and read some. Hope you all forgive me on this today.

Still, how will our government know?

Another point my husband and I agree upon. We feel strongly that there is no way in you-know-what, that millions of these people are going to step out of the shadows, pay huge fines, go back and then ask. They are already imbedded in and they simply will stay with the way things are for them. This simply is not going to work, no matter how much the senate and congress or the Bush admin. tries to say they will do what they are proposing.

And since our government cannot , or should we say, will not, enforce the laws now, then what will change if they were to get their far out wish for Comprehensive Immigration Reform, that they will THEN enforce the laws?

I do not believe our government has any inclination to enforce more so then, than they do now, and I certainly do not believe the illegals will voluntarily come out of the shadows, pay huge fines willingly, and then self-deport in order to come back, versus just staying here and circumventing the laws as they always have. It's ludicrous, all of it.

I've called all my Senators on this, but I have been having a real hard time getting through. The lines have been busy most of the day.

Keep it up!!!!

Pass the word along.

We CAN and WILL defeat this!


The Patriot