I posted this a while back, but though I would post it again for all of our new members.

http://www.federalobserver.com/archive.php?aid=10562



Free Inside every 'Guest Worker Plan': A Social Security Time Bomb!



Part I: The 'time bomb' and how it will go off.



By S. J. Miller

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We've all heard the cries that the poor illegal alien pays Social Security taxes for which they will never receive any benefits, and that their "illegal wages add FICA payroll deductions to what Social Security Administration (SSA) called the "Earnings Suspense Fund." The total of employer-reported quarterly Social Security deductions whose SSN doesn't match the name on SSA files now totals (are you ready for this?) $376 billion!!! (b) With the passage of any "guest-worker plan" currently in Congress, every illegal alien who becomes legal will have the chance to claim as much of the $376 billion as they can.

Does Tamar Jacoby, representing the "open borders lobby" of the Manhattan Institute, really expect me to believe all that money is against wages for "jobs Americans won't do?"

So let's explode another myth perpetuated by the "illegal aliens' lobby;" that illegal aliens "contribute" to the Social Security system and the economy by paying Social Security payroll deduction taxes and accept that they have no hope of collecting benefits. The truth is that when an illegal alien attains legal status, whether by amnesty/"guest worker program", marrying an American or some other trickery, that illegal alien is issued a genuine SSN. They use it to earn future wages and Social Security credits, obtain public-funded benefits, financial aid for their education; the list goes on.

But here's the time bomb: Their new SSN enables the illegal alien to retroactively grab wage credit for money in the Earnings Suspense File, even if they were using a bogus SSN or "borrowing" a valid SSN assigned to someone else! It's all part of each and every "Guest Worker plan." There's virtually no way to prevent it so long as the new "guest worker" is issued a valid SSN.

Their genuine SSN is their ticket; it's just that simple.

How the time bomb works...
Having read of the Earnings Suspense File, it didn't take long to figure out the results of 20 million-plus illegal aliens all making a grab for that $376 billion.

My 27 years' experience with computer applications systems told me the SSA system already has a process for transferring wages from one SSN to another, and a veteran at SSA confirmed it: "If we determine that wages were reported under a "wrong" SSN - we can remove those earnings and post them to a worker under the "correct" SSN. It's not difficult, but it is time consuming amid all the other priorities we have.

"Under a recent law (HR 743, the Social Security Protection Act of 2003), it states that we cannot post wages earned when illegally working, starting 2004. We can, for years before 2004. This means that if an illegal had bogus pay stubs or W-2's (making up numerous names and SSNs) from 1980-2000, and was given amnesty OR became legal - we would have to give them "credit" for those 20 years of illegal work! Starting 2004, we can't give them credit for work done while illegal, so Congress would have to change the law to give them credit for illegal work done after 2003. BUT, who knows what Congress will do."

Considering the money at stake, both in past Social Security payroll deductions and future benefits, can anyone doubt that these illegal aliens will do all possible to lay claim to "wage credits" and FICA tax deductions from the SSN they've been fraudulently using? Does anyone suspect they might also try to take wage credit that doesn't belong to them? Is the Pope a Catholic? Certainly their experience with immigration law enforcement and prosecution won't be a deterrent.

Straight from the SSA Operations Manual...
Every guest worker plan bill currently in Congress contains this time bomb, no matter the author: McCain, Kennedy, Hatch, Craig, Domenici, Specter, or any of the Congressional panderers. Although none dare mention the "Social Security Time bomb," it's plainly outlined in the SSA manual, SSA's Program Operations Manual System. (http://policy.ssa.gov/poms.nsf/aboutpoms ) (c) (Passages from POMS are Italicized to distinguish them from my comments)

First, a lesson in SSA policy and lingo. These policies are posted on the internet, and are almost laughable in their attempt to address the situations encountered with illegal aliens while being politically correct, ethnically and racially sensitive. I can't imagine who the author thought would be fooled.

According to RS 01403.005 (Wage Evidence Policy, Policy & Authority), SSA begins with the Presumption that individual earning records on file at SSA are correct. But 3-Corrections, is the illegal aliens' loophole: "There are certain circumstances under which the presumption of earning record accuracy may be overcome." And that's the "time bomb" by which every illegal alien tries to grab as much of that $376 billion as the SSA bureaucracy allows. Fortunately for the illegal aliens "4-Sufficiency" states "The Secretary has full authority to determine what evidence is sufficient to overcome the 'presumption of correctness.'" Should the illegal alien present what SSA calls "Primary Evidence" to overcome the Presumption, such as Employer Statements, W-2 forms or paycheck stubs, that's fine.

It's when the illegal alien lacks evidence (and what illegal alien doesn't?) that SSA will accept "Secondary Evidence," and that's when the cigarette packages, tamale wrappers and Western Union wire receipts for remitted wages become SSA-acceptable substitutes. Further on, C-Policy - Evidence; 4-Overcoming Presumption of Correctness for Posted Earnings states


(a) If it is known that primary evidence was used to establish a wage record, generally only another piece of primary evidence or two pieces of corroborative preferred secondary evidence may overcome the presumption of correctness.

(b) Such evidence must convince the authorized SSA employee that the previous wage record is incorrect.

(c) If the type of evidence used to establish the original wage record is unknown, follow the Sequential Development in D.1 below.

Do you believe this? It apparently takes a Philadelphia lawyer to assign a label to each piece of "evidence" submitted by illegal aliens. Does anyone notice that not once does the SSA POMS manual mention establishing the authenticity of such evidence? Not once. That seems to be the easy part; the authenticity is established when the illegal alien brings it to the SSA office.

Reading the "cookbook-style" directions in D-Procedure for Sequential Development might suggest extra care to prevent fraud until you remember "4-Sufficiency" above. The "steps" are so "flexible" that literally anything can be accepted as evidence by administrative people who make up these cockamamie "rules."

Next comes RS 01403-042 (Accepting Form W-2s Not Completed Properly). Does this mean that illegal aliens might submit W-2s that they've produced after the fact, not knowing which boxes to check and which numbers to enter in each? This is another section that should be eliminated with the admonition: If the W-2 matches the one on file at IRS for the tax year, accept it. If not, throw it out. Isn't that easy?

The SSA directive for "Other Errors" is "If other errors were made, the W-2 is acceptable if correct information can be obtained from an informed source, e.g. the employer (or his/her representative). As we know, the SSA Commissioner or authorized employee decides what constitutes an "informed source." Should an authorized employee be excluded from decisions because their illegal alien family members would create a conflict of interest? Oh, no, no, no. That would be racial profiling and ethnically insulting.

SSA wants to overlook that employers issue W-2 corrections on From W-2C, and the same test will work--if there are "other errors," the employer would have issued a W-2C. If the presented W-2 matched the IRS W-2, it's OK. If not, reject it.

The next policy (RS 01403.050 When Development of Secondary Evidence of Wages May Begin) should be totally eliminated from SSA policy. Stating "Begin only after all sources of primary evidence have been exhausted as in RS 01403.004.D-1. Without "primary evidence" such as employer statements, paycheck stubs or W-2s (that were filed for the year in question with IRS and a Form 1040, obviously), the process should stop. In plain language, this section tells when SSA should begin accepting the cigarette packages, tamale wrappers and Western Union wire receipts as wage evidence.

RS 01403.060 Employee's Own Record of Wages is a hoot!. Even after SSA admits the "value of these records is weak because such records serve the individual's own interest, but regular, complete and genuine records may corroborate other secondary evidence."

Regular, complete and genuine? These are illegal aliens we're talking about!

Here's the process for accepting these records as genuine:


Obtain a signed (and dated) statement from employee (or his/her representative/survivor) showing;


a. who made the entries on the record;

b. whether entries were made currently;

c. the basis of the entries;

d. whether any statements, pay-envelopes, etc, were furnished by the employer, and if so, what became of them, and;

e. reconciliation of all discrepancies and explanation of all inaccuracies to the extent possible.

Notice that all that's needed is a signed and dated statement--no sworn under penalty of purjury, not even notarization! No need for the "records" to even be in English! A statement and doctored "wage records" are all that's needed. I predict that LaRaza, LULAC, Catholic Charities, the Friends' Society and the rest of the taxpayer-funded advocates will be conducting classes for illegal aliens in concocting these records.

And the best for last: RS 01430.077 Secondary Evidence - Allegations of Wages by Migrant Farm Workers SSA outlines that "special problems unique to migrant farm workers" present special problems that SSA takes upon themselves to resolve, rather than assigning the problem to the worker. If extra time and effort is needed, it should be the employee who pays for the help, not the taxpayers. SSA lists several problems:


(a) no Social Security tax withholding or reporting;

(b) no wage statements given to employees;

(c) language complications preventing communication;

(d) difficult determinations of the employer's identify and payment of "wages."

Did I get (a) correctly? SSA is working to obtain wage credits when there were no FICA taxes paid? All the problems listed are functions of the illegal alien entering the US without legal permission. They gambled, and they lost. Taxpayer-funded SSA employees shouldn't be helping illegal aliens to gain Social Security benefits for their illegal wages. Adding insult to injury is 3-Statement Content to outline who may provide "secondary evidence:"


"Obtain signed (and dated) statements from the employee, fellow agricultural workers, and anyone else, including family members, who have actual (not hearsay) knowledge of this employment that show as much of the following information as possible:


(a) name of employer(s)

(b) address of employer

(c) periods of employment

(d) rate(s) of pay for each period of employment

(e) amount paid per year of employment

(f) basis for declarer's knowledge of the above facts

(g) relationship of declarer to the employee

Again, only a "signed and dated" statement is needed - no sworn under penalty of perjury or notarization needed. That means it's difficult to prosecute anyone lying with fraudulent statements. 4-Statement Development gives even more leeway to the "authorized SSA employee," the claimant and their representative:


(a) Use RCs to detail any oral evidence when signed statement cannot be obtained from employer. (A Report of Contact is a form used by SSA employees whenever they talk to anyone over the phone, or want to make notes. Recording information an RC transforms what would normally be regarded as worthless and non-credible into "evidence," even with no means of verifying the identity of the "informant.")

The interpretation of this directive is that the "evidence" an individual provides shouldn't be discarded just because the "witness" refuses to even sign and date a statement or won't visit the SSA office in person. In that situation, the SSA employee simply writes up an RC that magically becomes "evidence" for the record despite the obvious lack of credibility. Another situation allows the SSA employee will transform an "RC" into evidence by a "phone call." That the SSA employee has no means of verifying identity of the person on the line, the phone call becomes "evidence" to favor granting Social Security wage credit for an illegal alien.

Accepting such flimsly evidents translates to awarding Social Security benefits to those who don't deserve them. Not wonder the predictions of "Social Security will soon go bankrupt!"

(b) Use approximate dates/rates of pay/wages where precise information is not known or not available

(c) Make sure that the information is as complete as possible.

After just a cursory review of the Social Security Operations Manual, Americans clearly see how far the Social Security Administration will go to produce "evidence" to justify US Social Security benefits to illegal aliens. If their written policy is this blatant, the front-line reality is generally much worse.

Do you notice that SSA employees (paid by your taxes) are directed to assemble this evidence rather than the illegal alien? Does anyone doubt that SSA employees will immediately help illegal aliens while American citizens wait for hours? That's the way it was after the 1986 amnesty, and likely will be again.

Why the Congressional silence?
It's no surprise that few members of Congress mention the "time bomb;" it might stir the anger of every American over 50 for the Bush Administration's endless tricks to give amnesty to illegal aliens. Americans don't like being blind-sided by politicians' sneaking around making deals in the dark of night - the recent furor over the UAE handling of US port operations demonstrated that.

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'REAL' Evidence??

It would expose the lie of "Guest-Worker Amnesty" authors that "my bill won't allow any illegal alien to profit from their lawbreaking" since illegal aliens will be thronging SSA offices to do exactly that.

Politicians in Congress have no reason to object; they won't lose personally. Their generous taxpayer-funded pensions will more than compensate for any Social Security benefits they may lose.

They want this immigration issue resolved, dead and buried; they're tired of listening to outraged constituents who face illegal immigration in their daily lives. They hope to be out of office and collecting their pensions and/or lobbyist salaries when the time bomb finally goes off. Until then, they want the "time bomb" kept quiet.

One thing is certain - they can't do a "Sergeant Schultz "I know nothing" act after their passage of HR 743 to limit (even slightly) illegal aliens' claiming Social Security credit for their past illegal wages.

Even reports of the Senate Finance Committee (chaired by Chuck Grassley - IA) for HR 743 acknowledged that their "no wage transfers after 2003 law" was inadequate:


"This provision does not fully address this issue as individuals who begin working illegally and later obtain legal status could still use their illegal earnings to qualify for Social Security benefits. However, the Commissioner of Social Security has raised concerns about SSA's ability to administer a more comprehensive approach. The Committee believes the proposal in the bill is the best approach to this issue at this time, but the Committee will continue to consider ways to more fully address this issue in the future." (d)

As a card-carrying member of the Bush Administration, of course Commissioner Barnhardt told the Senate that SSA "can't" fully correct the problem of illegal alien wage transfers! What else would she tell the puppets of George Bush known as the US Senate except what they want to hear?

And Americans have no doubt what "ways to more fully address this issue in the future" might be. Denying it's an amnesty, the Senators adhere to the George Bush naming convention of "Guest Worker Plan."

Reality of "guest worker plan" amnesties
What will really happen to Social Security with passage of a guest-worker plan?

Regardless of the safeguards we're assured will be taken, we've learned by now how phony those promises are. We all remember the "student visa renewals" arriving at flight schools 6 months after 9/11 for the flight student hijackers. Our SSA veteran agrees: "A lot of what happens - will be determined by the legislation, BUT you can be sure that whatever is written - SSA's bureaucracy will bend over backward to give illegals "credit" for illegal wages - with the flimsiest of evidence. In other words, - instead of insisting on solid "proof" of wages - such as pay stubs, W-2's, that clearly belong to the person, we'll receive instructions something like..... " you will accept as proof of wages, the statement of the worker that they worked for such and such, for such and such year" even if they have no 'hard evidence'."

Even if legislators require "proof," what self-respecting illegal alien can't provide "proof" of anything false they want? Based on the fraudulent documents accepted for the 1986 amnesty, SSA employers will be directed to honor earnings records on cocktail napkins and tamale wrappers. And of course, no SSA or ICE/CIS employee would dream of rejecting "proof" submitted by an illegal alien (no matter how worthless or fraudulent); that would be racially insulting and ethnically insensitive!

Moreover, every lawyer and "immigrant rights" advocate will be circling like vultures for the chance to file complaints and lawsuits if any "documentation" is rejected or any illegal alien's ludicrous demand is refused.

Why not limit ALL wage evidence to statements produced by the employer and signed by the President/CEO? That would certainly prevent later claims by employers that "low-level managers did this without the knowledge of the company's officers."

When I inquired what preventative measures SSA will take against fraud, our SSA veteran replied:


"There will be tremendous "fraud" you can be sure. Again, we'll have to see what is written into the legislation, but you can bet we'll have tolerances such as...'if there is no documentation, accept the allegation....'

"There are so many liberals within the US Govt., I'd be certain whatever the law says, ways will be found around it."

Sounds like the fast one AZ Governor Janet Napolitano tried to pull after AZ voters passed Prop 200 over her vehement objections. Late in December (probably hoping to hide in the holiday rush), "Janet" issued orders that if applicants lacked proof of citizenship, AZ would accept "written and notarized attestation statements" of citizenship. In other words, an illegal alien needed only to have someone write a statement that "I am a citizen of the US," go to a bank that accepts the Mexican matricula consular and provides notary service, sign and notarize the statement, and "Janet" would accept it.

Many Prop 200 volunteers howled in outrage and bombarded the governor's phone: "We didn't collect petition signatures in the hot Arizona sun just to have illegals swear they're US citizens." There was so much publicity that Janet knew she'd been caught red-handed trying to sabotage Prop 200. She quietly withdrew her order to replace documentary evidence of citizenship with her phony "attestations." (e)

Many Americans would ask "Won't SSA take measures to prevent such fraud?" I wouldn't bet on it. The "rule of law" has long ago been replaced by "rule of the White House" at most Executive branch departments; SSA has joined DHS, DOJ and the rest.

Remember that SSA is an Executive branch agency whose director is appointed by the President. Director Joann Barnhardt is so eager to give US Social Security benefits to Mexicans that she signed the US-Mexico Totalization Treaty in July 2004 and built an SSA building in Mexico! (b)(f)

Don't be surprised if the total of FICA wage credits exceeds the amount in the Earnings Suspense File!

A rerun of the 1986 "one-time amnesty
You certainly don't hear Ted Kennedy, Orrin Hatch or John McCain bragging that they voted for the 1986 Illegal Alien Amnesty, much less promoting acceptance of fraudulent documents. But it happened before, and our SSA veteran assures us it will happen again.

In 1986, we were promised that amnesty would be given to 300,000 illegal aliens, but the final count was nearly 3 million. Although the Bush Administration cites 11 million illegal aliens, no one stands by that number when none of the guest-worker amnesty bills contain numeric limits. Even the 2006 Bear Stearns estimate is 25-50 million. Every American knows better than to believe any information on illegal aliens that comes from George Bush or his Executive Branch buddies.

The 1986 "One-Time Amnesty" showed INS and SSA knowingly accepted massive numbers of fraudulent rent receipts, earning records and birth records. Who's foolish enough to think today's "Guest Worker Amnesty" will be different or that a pro-illegal alien Administration will suddenly crack down on phony documents?

I'm convinced that the 1986 amnesty had the same "time bomb" effect on the US Social Security system. When our payroll FICA deductions increased to the current 6.25% after the amnesty, Ronald Reagan told us it was to build up the "Baby Boomers' Trust Fund." I didn't believe it then, and I don't believe it now. I'm convinced it was due to demands on Social Security by newly-amnestied illegal aliens.

We don't need another FICA payroll tax increase to pay for illegal aliens. Once was enough.

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



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

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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."

Simcox believes groups like FAIR who fight illegal immigration have missed the boat. He says "The message should be 'border security.'"

"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 ."

"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."

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."

"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."

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.

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."

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."


Watch disappear the incessant concerns of "profiling" and "immigrants (illegal aliens) rights" when money is at stake.

See illegal aliens begin to deport themselves.

See everyone gasp in amazement at the reduction in state and local government expenses and reduction in crime.

See the improvement in Americans' quality of life.

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!