20 Worst Loopholes in the Senate Immigration Bill - From Senator Jeff Sessions

Sen. Jeff Sessions ^ | June 2007 | Sen. Jeff Sessions and staff

[dennisw]

 

 

 

 

20 Loopholes in the Senate Immigration Bill

 

 

• Loophole 1 – Legal Status Before Enforcement: 

 

Amnesty benefits do not wait for the “enforcement trigger.”  After filing an application and waiting 24 hours, illegal aliens will receive full “probationary benefits,” complete with the ability to legally live and work in the U.S., travel outside of the U.S. and return, and their own social security card.  Astonishingly, if the trigger is never met and amnesty applications are therefore never “approved,” the probationary benefits granted to the illegal alien population never expire, and the new social security cards issued to the illegal alien population are not revoked.   [See pp. 1, 290-291, & 315].

 

• Loophole 2 – U.S. VISIT Exit Not In Trigger: 

 

The “enforcement trigger,” required to be met before the new temporary worker program begins, does not require that the exit portion of U.S. VISIT system – the biometric border check-in/check-out system first required by Congress in 1996 that is already well past its already postponed 2005 implementation due date – to be in place before new worker or amnesty programs begin.  Without the U.S. VISIT exit portion, the U.S. has no method to ensure that workers (or their visiting families) do not overstay their visas. Our current illegal population contains 4 to 5.5 million visa overstays, therefore, we know that the U.S. VISIT exit component is key to a successful new temporary worker program.  [See pp. 1-2].

 

• Loophole 3 – Trigger Requires No More Agents, Beds, or Fencing Than Current Law:

 

The “enforcement trigger” does not require the Department of Homeland Security to have detention space sufficient to end “catch and release” at the border and in the interior.  Even after the adoption of amendment 1172, the trigger merely requires the addition of 4,000 detention beds, bringing DHS to a 31,500 bed capacity.  This is far short of the 43,000 beds required under current law to be in place by the end of 2007, or the additional 20,000 beds required later in the bill.  Additionally, the bill establishes a “catch, pay, and release” program.  This policy will benefit illegal aliens from countries other than Mexico that are caught at the border, then can post a $5,000 bond, be released and never show up for deportation hearings. Annual failure to appear rates for 2005 and 2006, caused in part by lack of detention space, doubled the 2004 rate (106,000 – 110,000 compared with 54,000).  Claims that the bill “expands fencing” are inaccurate.  The bill only requires 370 miles of fencing to be completed, while current law already mandates that more than 700 miles be constructed [See pp. 1-2, & 10-11, and EOIR’s FY2006 Statistical Yearbook, p. H2, and The Secure Fence Act of 2004].

 

• Loophole 4 -- Three Additional Years Worth of Illegal Aliens Granted Status, Treated Preferentially To Legal Filers:

 

Aliens who broke into the country illegally a mere 5 months ago, are treated better than foreign nationals who legally applied to come to the U.S. more than two years ago.  Aliens who can prove they were illegally in the U.S. on January 1, 2007, are immediately eligible to apply from inside the U.S. for amnesty benefits, while foreign nationals that filed applications to come to the U.S. after May 1, 2005 must start the application process over again from their home countries.  Last year’s bill required illegal aliens to have been here before January 7, 2004 to qualify for permanent legal status.  [See pp. 263, 282, & 306].

 

• Loophole 5 – Completion of Background Checks Not Required For Probationary Legal Status:

 

Legal status must be granted to illegal aliens 24 hours after they file an application, even if the aliens have not yet “passed all appropriate background checks.”  (Last year’s bill gave DHS 90 days to check an alien’s background before any status was granted).  No legal status should be given to any illegal alien until all appropriate background checks are complete. [See pp. 290].

 

• Loophole 6 – Some Child Molesters Are Still Eligible:

 

Some aggravated felons – those who have sexually abused a minor – are eligible for amnesty.  A child molester who committed the crime before the bill is enacted is not barred from getting amnesty if their conviction document omitted the age of the victim.  The bill corrects this loophole for future child molesters, but does not close the loophole for current or past convictions.  [See p. 47: 30-33, & p. 48: 1-2]

 

• Loophole 7 – Terrorism Connections Allowed, Good Moral Character Not Required: 

 

Illegal aliens with terrorism connections are not barred from getting amnesty. An illegal alien seeking most immigration benefits must show “good moral character.” Last year’s bill specifically barred aliens with terrorism connections from having “good moral character” and being eligible for amnesty. This year’s bill does neither.  Additionally, bill drafters ignored the Administration’s request that changes be made to the asylum, cancellation of removal, and withholding of removal statutes in order to prevent aliens with terrorist connections from receiving relief.  [Compare §204 in S. 2611 from the 109^th Congress with missing §204 on p. 48 of S.A. 1150, & see missing subsection (5) on p. 287 of S.A. 1150].

 

• Loophole 8 – Gang Members Are Eligible:

 

Instead of ensuring that members of violent gangs such as MS 13 are deported after coming out of the shadows to apply for amnesty, the bill will allow violent gang members to get amnesty as long as they “renounce” their gang membership on their application.  [See p. 289: 34-36].

 

• Loophole 9 – Absconders (those ordered deported) Are Eligible: 

 

Aliens who have already had their day in court – those subject to final orders of removal, voluntary departure orders, or reinstatement of their final orders of removal – are eligible for amnesty under the bill.  The same is true for aliens who have made a false claim to citizenship or engaged in document fraud.  More than 636,000 alien fugitives could be covered by this loophole. [See p. 285:19-22 which waives the following inadmissibility grounds:  failure to attend a removal proceeding; final orders of removal for alien smuggling; aliens unlawfully present after previous immigration violations or deportation orders; and aliens previously removed. This appears to conflict with language on p. 283:40-41.  When a direct conflict appears in a statute, the statue is interpreted by the courts to the benefit of the alien.].

 

• Loophole 10 – Learning English Not Required For A Decade (if ever in my opinion): 

 

Illegal aliens are not required to demonstrate any proficiency in English for more than a decade after they are granted amnesty. Learning English is not required for an illegal alien to receive probationary benefits, the first 4-year Z visa, or the second 4-year Z visa. The first Z visa renewal (the second 4-year Z visa) requires only that the alien demonstrate an “attempt” to learn English by being “on a waiting list for English classes.”  Passing a basic English test is required only for a second Z visa renewal (the third 4-year Z visa), and even then the alien only has to pass the test “prior to the expiration of the second extension of Z status” (12 years down the road).  [See pp. 295-296].

 

• Loophole 11 – Earned Income Tax Credit Will Cost Taxpayers Billions In Just 10 Years: 

 

Current illegal aliens and new guest workers will be eligible for the Earned Income Tax Credit, a refundable tax credit designed to encourage American citizens and legal permanent residents to work.  The Congressional Budget Office estimates that this loophole will cost the U.S. taxpayer up to $20 billion dollars in just the first 10 years after the bill’s enactment.  To be consistent with the intent of the 1996 welfare reforms – which limited new immigrants from receiving public benefits until they had been legal permanent residents for five years – the bill should withhold EITC eligibility from amnestied aliens until they become legal permanent residents.  Closing this loophole will save the taxpayers billions of dollars.  [See p. 293 after S.A. 1190 was adopted, p. 307,  p. 315, §606.  All that is required for EITC eligibility is a social security number and resident alien status.  Nothing in the bill’s tax provisions limit EITC eligibility.  The issuance of social security numbers to aliens as soon as they apply for amnesty will ensure they are able to qualify for the EITC.]

 

• Loophole 12 – Affidavits From Friends Accepted As Evidence: 

 

Records from day-labor centers, labor unions, and “sworn declarations” from any non-relative (acquaintances, friends, coworkers, etc) are to  be accepted as evidence that the illegal alien has satisfied the bill’s amnesty requirements.  This low burden of proof will invite fraud and more illegal immigration – even aliens who are not yet in the U.S. will likely meet this burden of proof.  DHS will not have the resources to examine whether the claims contained in the “sworn declarations” of the alien’s friends (that the alien was here prior to January 1, 2007 and is currently employed) are actually valid.  [See p. 293: 13-16].

 

• Loophole 13 – Taxpayer Funded Legal Counsel and Arbitration:

 

Free legal counsel and the fees and expenses of arbitrators will be provided to aliens that have been working illegally in agriculture.  The U.S. taxpayer will fund the attorneys that help these individuals fill out their amnesty applications.  Additionally, if these individuals have a dispute with their employer over whether they were fired for “just cause,” DHS will “pay the fee and expenses of the arbitrator.”  [See p. 339:37-41, & p. 332: 37-38.]

 

• Loophole 14 – In-State Tuition and Student Loans:           

 

In-state tuition and other higher education benefits, such as Stafford Loans, will be made available to current illegal aliens that are granted initial “probationary” status, even if the same in-state tuition rates are not offered to all U.S. citizens.  This would normally violate current law (8 U.S.C. §1623) which mandates that educational institutions give citizens the same postsecondary education benefits they offer to illegal aliens. [See p. 321: 8-31].

 

• Loophole 15 – Inadequacy of the Merit System:    

 

The “merit system,” designed to shift the U.S. green card distribution system to attract higher skilled workers that benefit the national interest, is only a shell of what it should have been. Though the merit system begins immediately, it will not increase the percentage of high skilled immigrants coming to the United States until 2016, 8 years after enactment.  Of the  247,000 green cards dedicated to the merit based system each year for the first 5 years, 100,000 green cards will be reserved for low-skilled guest workers (10,000) and for clearing the current employment based green card backlog (90,000). From 2013 to 2015, the number of merit based green cards drops to 140,000, and of that number, 100,000 green cards are still reserved each year for low-skilled guest workers (10,000) and for clearing the current employment based green card backlog (90,000).  Even after 2015, when the merit system really begins (in 2016) by having 380,000 green cards annually, 10,00 green cards will be reserved specifically for low skilled workers, and points will be given for many characteristics that are not considered “high-skilled.”   For example, 16 points will be given for aliens in “high demand occupations” which includes janitors, maids, food preparation workers, and groundskeepers.  [See p.260: 25 – p. 261: 20,  p. 262, & The Department of Labor’s list of “occupations with the largest job growth” available at www.bls.gov/emp/emptab3.htm].

 

 

• Loophole 16 – Visas For Individuals That Plan To Overstay: 

 

The new “parent” visa contained in the bill which allows parents of citizens, and the spouses and children of new temporary workers, to visit a worker in the United States is not only a misnomer, but also an invitation for high rates of visa overstays.  This new visa specifically allows the spouse and children of new temporary workers who intend to abandon their residence in a foreign country, to qualify to come to the U.S. to “visit.” The visa requires only a $1,000 bond, which will be forfeited when, not if, family members of new temporary workers decide to overstay their 30 day visit.  Workers should travel to their home countries to visit their families, not the other way around.   [See p. 277:1 – 33, and p. 276: 38-43].

 

• Loophole 17 – Chain Migration Trippled Before Being Eliminated: 

 

Though the bill will eventually eliminate chain migration (relatives other than spouses and children of citizens and legal permanent residents), it will not have full effect until 2016.  Until then, chain migration into the U.S. will actually triple, from approximately 138,000 chain migrants a year (equal to 14% of the 1 million green cards the U.S. currently distributes on an annual basis) to approximately 440,000 chain migrants a year (equal to 45% of the 1 million green cards the U.S. currently distributes on an annual basis).  [See pp. 260:13, p. 270: 29 – pp. 271: 17]

 

• Loophole 18 – Back Taxes Not Required: 

 

Last year’s bill required illegal aliens to prove they had paid three of their last five years of taxes to get amnesty.  This year, payment of back taxes is not required for amnesty.  The bill requires taxes to be paid at the time of application for a green card, but at that time, only proof of payment of Federal taxes (not state and local) is required for the years the alien worked on a Z visa, not the years the alien has already worked illegally in the United States.   Though Senator McCain’s S.A. 1190, adopted by voice vote, claimed to “require undocumented immigrants receiving legal status to pay owed back taxes,” the amendment actually only required proof of payment of taxes for “any year during the period of employment required by subparagraph (D)(i).”  Since the bill does not contain a subparagraph (D)(i), nor require any past years of employment as a prerequisite for amnesty, the amendment essentially only requires proof of payment of taxes for future work in the U.S., not payment of “back taxes.”  [See p. 307, and p. 293 as altered by S.A. 1190, amendment p. 2: 19-20.]

 

• Loophole 19 – Social Security Credits Allowed For Some Illegal Work Histories: 

 

Aliens who came to the U.S. on legal visas, but overstayed their visas and have been working in the U.S. for years, as well as illegal aliens who apply for Z visa status but do not qualify, will be able to collect social security credits for the years they worked illegally.  Under the bill, if an alien was ever issued a social security account number – all work-authorized aliens who originally came on legal visas receive these – the alien will receive Social Security credits for any “quarters of coverage” the alien worked after receiving their social security account number.  Because the bill requires social security account numbers to be issued “promptly” to illegal aliens as soon as they are granted “any probationary benefits based upon application [for Z status]” (these benefits are granted 24 hours after the application is filed), an illegal alien who is denied Z visa status but continues to work illegally in the U.S. will accumulate Social Security credits.  [See pp. 316:8 – 16, and pp. 315: 32-39]

 

• Loophole 20 – Criminal Fines Not Proportional To Conduct: 

 

The criminal fines an illegal alien is required to pay to receive amnesty are less than the bill’s criminal fines for paperwork violations committed by U.S. citizens, and can be paid by installment.  Under the bill, an illegal alien must pay a $1,000 criminal fine to apply for a Z visa, and a $4,000 fine to apply for a green card.  Eighty percent of those fines can be paid on an installment plan.  Under the bill’s confidentiality provisions, someone who improperly handles or uses information on an alien’s amnesty application can be fined $10,000.  Administration officials suggest that the bill’s “criminal fines are proportionate to the criminal conduct.”  Why, then, is the fine for illegally entering, using false documents to work, and live one-tenth the fine for a paperwork violation committed by a government official? [See p. 287: 34, p. 317: 9, p. 315:6-8, &  remarks made by Secretary Gutierrez on Your World with Neil Cavuto, 4:00 May 31, 2007]

 

_______________________________________________

 

WASHINGTON – U.S. Sen. Jeff Sessions (R-AL) released a list of 20 loopholes in the comprehensive immigration bill today which reveals that the bill is fatally flawed and will not establish a functioning immigration system in the future.

 

            The list of loopholes includes flaws effecting border security, chain-migration and assimilation policies.  The list exposes the lack of serious attention given to ensuring that the legislation fixes America’s failed immigration system. 

 

            “I am deeply concerned about the numerous loopholes we have found in this legislation.  They are more than technical errors, but rather symptoms of a fundamentally flawed piece of legislation that stands no chance of actually fixing our broken immigration system,” Sessions said.  “Many of the loopholes are indicative of a desire not to have the system work.”

 

            For example, one loophole in the “enforcement trigger” fails to require the U.S. VISIT system – the biometric border check-in/check-out system established by Congress in 1996, but never implemented – to be fully functioning before new worker or amnesty programs begin.  Without the system in place, the U.S. has no method of ensuring that workers and their families do not overstay their visas.

 

            Another flaw in the legislation prevents the benefits of merit-based immigration from taking full effect until 2016.  Until then, chain migration into the U.S. will actually triple, compared to a disproportionately low increase in skill-based immigration.  As a result, the merit-based system in the bill is only a shell of what it should have been.

 

            A third loophole in the bill allows immigrants to avoid demonstrating a proficiency in English for more than a decade.  Illegal aliens are not required to learn English to receive full “probationary benefits” of citizenship.  Passing a basic English test is only required for the third Z-visa renewal, twelve years after amnesty is granted.

 

            Sessions will highlight many of the loopholes contained in the list this week during Senate debate on the immigration bill. 

 

            A full list of the 20 loopholes is attached.  For more information, contact Stephen Boyd at (202) 224 – 4124.

[TheLion]

Bttt!

[TheLion]

We a fortunate to have Jeff Sessions in the senate. Thanks for posting this!

[Bigun]

Marker

[Ohioan]

I think that your suggestion of a difference between the race and its culture, misses the key fact. Every people's culture reflects their nature. Race, and within any major racial grouping all the wealth of varied types, with characteristics passed on through their lines of descent, are major factors in the culture of any people. People, after all create their cultures, not the other way around.

The Leftists who strive under a compulsion for a uniform system for all humanity, have made the subject of the heritability of personality characteristics ugly. They do not want people like the late athlete/minister Reggie White celebrating the actual diversity of human types--as opposed to the contrived way that they (the compulsive Left) use the promotion of diversity in your community to undermine its sense of community (a crucial distinction--because it leads people to resist the one world dogma, being promoted.) But there is nothing in the least ugly in understanding that different peoples are somewhat differently wrapped, and seek cultural expression in ways that make them feel fulfilled.

There are, of course, great cultural differences among the European peoples, but they pale compared to the differences between those European peoples--and the European Settlers in such lands as America, Australia, South Africa, New Zealand, etc.--and some of those whom the one world uniformists, demand that those settler peoples amalgamate with. (Think about it, a little: What other rational justification could there have been for the Teddy Kennedy promoted Immigration Reform Act of 1965, which actually gave a preference for Third World immigrants over European immigrants in coming to America? A compulsive desire to actually undermine the cultural characteristics of our people is the common thread in that and a great deal of other madness, with which we must contend.)

Once you accept the fact that not only are no two individuals completely alike, but neither are any two tribes, races or nations, you are able to let the sunshine in. You are able to refute the big lie that contends that those who want to preserve their own cultures, tribes and nations, are hate driven; that we have sinister intentions towards others; that we are benighted. The sick, hate-driven, benighted folk, are those who cannot accept the differences among humnanity; those neurotic bastards, who for one reason or another, want to bring down an iron curtain of dogmatic new norms, to be imposed upon all of us.

William Flax

[RinaseaofDs]

They seem to be adhering to three primary tactics:

1. The public is much more susceptible to a big lie than a small one.
2. Attack big, attack fast, or don’t attack at all.
3. Follow me with your hearts, and not your minds (Anyone who’s against this bill is against America, and is a bigot . . .)

Sometimes politicians do learn from history it seems.

[takenoprisoner]

“Can one speak of ‘white culture’ with as much validity as one speaks of, say, ‘chinese culture’?”

I would argue no. What we see today is an American culture that has been saturated by a flood of third world immigrants(both legal and illegal).

All too often America has sent troops off to battle in the internal conflicts of third world countries. This has resulted in them returning home bringing with them a flood of refugees from third world countries. ie. Korea, Vietnam, Yugoslavia, Kosovo, Afghanistan, and now Iraq. Add to that the Chinese labor forces brought in to build the railroads, the African slave labor brought forcefully in to build the agricultural economy. Add to that, the native Americans and Mexicans who were here first. Add to that open immigration policy encouraging third world immigration.

Whatever so called “white” culture in America is now a thing of the past. American culture can only hope that all these folks will assimulate into the American culture which was envisoned and established by the founding fathers. This entails a respect for American laws, customs, and idealogies. But when these new immigrants seek to impose their will and customs upon the American culture rather than assimulate into the American society, where they seek special treatment, ie muslims demanding special prayer rooms at airports just for them, illegal Mexican immigrants demanding special treatment to usurp longstanding immigration laws, demonstrating on American streets waving Mexican flags chanting viva Mexico, well, America finds itself at a crossroads.

If the rule of law is to prevail in America, there can be no amensty for illegal immigrants. Included in this flood of illegal Mexican immigrants given amensty will be a host of other third world illegal immigrants. Some of them seek to do us harm...to destroy the American culture, to convert, murder, or enslave the American people to conform to their culture.

America is at a major crossroad. If she doesn’t make the right turn, she will be committing suicide slamming head on into the world’s largest train wreck ever.

Finally, as to the so called “Chinese culture,” anyone who observes them, can only respect them. The Chinese are some of the brightest most hard working most dedicated people on the planet.

Then as to the so called “white” culture. It seems to be voluntarily morphing itself into some sort of yet to be classified deviant gene pool.

[WOSG]

IMMIGRATION BILL - DESIGNED TO FAIL - PING

“I am deeply concerned about the numerous loopholes we have found in this legislation. They are more than technical errors, but rather symptoms of a fundamentally flawed piece of legislation that stands no chance of actually fixing our broken immigration system,” Sessions said. “Many of the loopholes are indicative of a desire not to have the system work.”

[singfreedom]

Perhaps what you find appealing is not so much “white culture” as a dislike for what we now see (and, historically, what has always been the case)in Latin American societies. In societies South of our border violent uprisings have always been culturally acceptable. It is my most sincere desire that that sort of behavior NEVER become acceptable in my country.

The youthful anti-war demonstrations of our 60’s era were nothing compared to the normal, daily, violent demonstrations of Central and South America.

In the last few weeks alone violent drug gangs have kidnapped and/or murdered several local and national government officials in Mexico, and those are only the ones we’ve heard about! In one instance, a local politician’s head was left on the steps in front of a media outlet. That sort of uber violent behavior has, thankfully, never been sanctioned by the majority of U.S citizens, but that could quickly change. Perhaps our politicians should consider the implications of that sort of “cultural volatility” next time they entertain thoughts of an “amnesty”. Just how eager are they to have “heads”, perhaps their own, used as “political footballs”? Literally.

[singfreedom]

I agree absolutely! It is entirely possible to be fond enough of your own culture to sacrifice your very LIFE to preserve it, yet not to be disparaging, or threatening, of of other cultures.

Our culture has been VERY successful in assimilating multi-cultures, however, we are being over run by an invasion of those we would not necessarily chose to add to our culture. In the past WE have chosen who could come to this country. As the most powerful, affluent, and influential, country in the world, we should STILL have the RIGHT to pick and choose who can come to this country-—NOT be forced to accept whatever can slime their way across the border!

[singfreedom]

Oh, good grief, I had missed that!! and Senator Inhofe and I have communicated about this provision a lot.

[ProCivitas]

Hi SingFreedom, re your:"Perhaps what you find appealing is not so much “white culture” as a dislike for what we now see (and, historically, what has always been the case)in Latin American societies. In societies South of our border violent uprisings have always been culturally acceptable..."

Well, in a way, yes... what you describe about 'latin american' culture is familiar to me as someone who lived in south america for a while. Violent, tawdry, corrupt and predatory ...It just doesn't seem like 'white culture' by any reasonable definition to me, and, so, shouldn't be ours.

But then, increasingly, over the last 30 or so years, American culture doesn't seem to exemplify 'white culture' so much either. And this kind of answers Raybbr's point (aprox. Post#97?) about hispanics/latin americans being racially classified usually as 'caucasian/white'. By the usual basic three categories of race (Asian/african/caucasian) that's so.

Which is why I think there's a more important functional distinction by culture. As the anthropologists say, the 'folkways,mores,norms, and behaviors' define a culture. And we should probably name the kind of culture we favor in order to move toward it behaviorally.

Even if 'white culture' isn't quite the right term for it, it has something to do with the inventiveness of Edison and Ford, with the literary tradition of the Bible and Shakespear and Joseph Conrad, traditions of political legitimacy that restrain government, a general 'work ethic' that MaxWeber wrote about, and a heritage of discovery and its applications from NASA space exploration to the advanced designs of wind turbine electric power from scandinavian countries.

[singfreedom]

Absolutely-—what you said!!

[Sun]

Excellent!

20 loopholes spell it out!!