HomeUSHomeland SecurityU. S. Legislative Immigration Update April 23, 2012

U. S. Legislative Immigration Update April 23, 2012

Right Side News Reports from the·Federation for American Immigration Reform (FAIR) in this legislative weekly including: Senate to Consider Increasing U Visas this Week, Alabama House Votes to Strip Language from HB 56, Supreme Court to Hear Oral Arguments on SB 1070, House Committee Votes to Close Child Tax Credit Loophole, Congress Questions Obama’s Decision to Cut Border Troops

Senate to Consider Increasing U Visas this Weekbald_eagle_head_and_american_flag1

The U.S. Senate is widely anticipated to take up the Violence Against Women Reauthorization Act (VAWA) this week. Although VAWA was initially passed in 1994 to increase protections for women suffering domestic violence and abuse, it has become the latest vehicle for the open-borders lobby to increase visas and grant amnesty to illegal aliens.

The version currently before the Senate, S. 1925 introduced by Senate Judiciary Chair Pat Leahy (D-VT), contains provisions that could increase the number of U-visas by 34,000. It does this by increasing the number of U visas granted annually from 10,000 (the current ceiling) to 15,000, until all unused U visas since 2006 are recaptured.  (S. 1925 at § 805)

Congress created the U nonimmigrant visa in 2000 to allow aliens who have suffered substantial physical or mental abuse as a victim of domestic violence, rape, or certain other crimes to obtain temporary legal status if they help law enforcement prosecute those crimes. (INA § 101(a)(15)(U); see also FAIR Legislative Update, Feb. 6, 2012) An alien can obtain a U visa regardless of legal status, remain in the country for four-years at a time, receive work authorization, and become eligible for a green card after three years. (INA § 214(p); USCIS Website on U visas)

Spearheaded by Sen. Charles Grassley (R-IA) ranking member of the Senate Judiciary Committee and Sen. Kay Bailey Hutchison (R-TX), Republicans plan to introduce alternative legislation that would strike the U visa and other immigration-related provisions from the bill. (See Des Moines Register Op-Ed by Sen. Hutchison; Apr. 5, 2012) “Violence against women except for these additions is noncontroversial. I’m afraid what they’re doing here is they want a political issue — you know, ‘war on women’ — and they are going to end up with another one-year extension,” said Sen. Grassley of Democrats’ use of VAWA to increase immigration.

S. 1925, however, already has 61 co-sponsors, giving Sen. Leahy’s bill a filibuster-proof majority in the Senate.   Acknowledging this, Sen. Grassley has stated he will not try to extend debate, but expects Democratic leaders to at least allow his alternative to be voted on. (Roll Call, Apr. 18, 2012) “We’re not going to extend this debate,” Grassley commented. “There won’t be a cloture vote necessary, and they’ll surely let us have a vote on our substitute,” he stated. (Id.)

If the Senate passes S. 1925, it goes to the Republican-controlled House where it is expected to face an uphill battle. (Id.)

Alabama House Votes to Strip Language from HB 56

Last Thursday, the Alabama House of Representatives voted 64-34 to make major revisions to the State’s immigration enforcement law, HB 56.  (Montgomery Advertiser, Apr. 19, 2012) The changes were adopted through the passage of HB 658, introduced by Rep. Micky Hammon, also the House author of HB 56. House passage of HB 658 comes only two weeks after the bill’s introduction, during which time the bill was heard and amended by the Public Safety and Homeland Security Committee. (See Alabama House Bill Status for HB 658)

HB 658 weakens HB 56 in several ways. It limits the circumstances under which law enforcement officers check immigration status, weakens the penalties for knowingly hiring illegal aliens, eliminates the prohibition on renting apartments to an individual a landlord knows is an illegal alien, and eliminates the requirement that schools collect immigration data on their students for inclusion in state reports.  (See HB 658 as engrossed; FAIR Legislative Update, Apr. 9, 2012) With regard to the last provision, however, HB 658 still requires that the state prepare a report on the cost of educating the children of illegal aliens and expressly allows the state to contract with scholars, economists, or public research institutions to complete it.

Debate on the Alabama House floor was long and contentious.  Opponents said the bill did not go far enough, calling for an outright repeal.  (See, e.g. Letter to House Speaker Hubbard and Senate President Pro Tem Marsh)  Early on, the House Legislative Black Caucus led a filibuster, saying the law had led to discrimination and other unintended consequences. (Montgomery Advertiser, Apr. 19, 2012) Rep. Hammon, however, promoted the changes as merely clarifying HB 56, particularly for law enforcement. “We’ve had a year to examine our law and talk to people who work with the law every day,” said Hammon. “We have put together some clarifications and simplifications and few language changes in the law.” (Montgomery Advertiser, Apr. 19, 2012)

The Alabama Senate will soon be considering companion legislation to HB 658.  The companion bill, SB 541, was introduced by Senator Scott Beason on April 19, the same day the House passed HB 658. However, in contrast to HB 658, SB 541 is much smaller in scope regarding the revisions it makes to HB 56.

Supreme Court to Hear Oral Arguments on SB 1070

This Wednesday, the United States Supreme Court will hear oral arguments on Arizona’s immigration enforcement law, SB 1070.  The Arizona legislature passed SB 1070 in April of 2010 and within months, the Department of Justice (DOJ) sued the State in an attempt to strike down the law. (See FAIR Legislative Update, June 21, 2010)

At issue before the Supreme Court are four sections of SB 1070:

  • Section 2: Requires state and local law enforcement officers, during a lawful stop, arrest or detention, to inquire about immigration status if the officer has reasonable suspicion to believe the individual is an illegal alien.
  • Section 3: Provides that it is a violation of state law for an illegal alien to be in violation of the federal alien registration statutes.
  • Section 5: Creates a misdemeanor offense that prohibits illegal aliens from applying for work, soliciting work in public places, or performing work in Arizona.
  • Section 6: Authorizes state and local police officers to conduct a warrantless arrest of an individual if the officer has probable cause to believe the person has committed a removable offense.

All four of these sections were enjoined by the Federal District Court for the District of Arizona. The 9th Circuit Court of Appeals then upheld that injunction.  Among the factors for determining whether an injunction is appropriate is a determination of whether the plaintiff will likely win on the merits. Thus, as part of its ruling, the Supreme Court must decide whether the DOJ will likely win its case on the merits.  To learn more about the arguments Arizona and the Department of Justice have filed with the Supreme Court, FAIR’s guide to the oral arguments.

House Committee Votes to Close Child Tax Credit Loophole

The House Ways and Means Committee passed by a 22-12 vote key legislation Wednesday that would close a loophole under current tax law that allows illegal aliens to collect the Additional Child Tax Credit (ACTC). (CQ Today, Apr. 18, 2012; see votes here) The ACTC is a refundable credit that allows individuals with three or more children to reduce their federal income tax by up to $1,000 for each child who meets certain criteria. (See TIGTA Report 2011-41-061, July 7, 2011)

Currently, illegal aliens are eligible for this credit because the IRS only requires applicants for the ACTC to provide an Individual Taxpayer Identification Number (ITIN), which the Internal Revenue Service (IRS) indiscriminately hands out to illegal aliens. And, the amount of tax dollars handed out to illegal aliens is significant.  Last year, the Inspector General for the U.S. Treasury Department released a report revealing that illegal aliens annually receive $4.2 billion in refundable tax credits, primarily through the Additional Child Tax Credit (ACTC). (Id.; see also FAIR Legislative Update, Sept. 6, 2011)

But during last week’s committee hearing, the Ways and Means Committee voted to close this tax credit loophole by requiring that individuals who claim the ACTC provide a valid Social Security Number (SSN). This amendment was based on language introduced by Rep. Sam Johnson (R-TX). (See Proposed Committee bill)

The ACTC amendment is now part of a budget reconciliation proposal that will go to the House Budget Committee for inclusion in a larger package aimed at saving tax-payer dollars. (CQ Today, Apr. 18, 2012; NY Times, Apr. 13, 2012) While passage in the House seems likely, the bill’s prospects in the Senate are uncertain.

Congress Questions Obama’s Decision to Cut Border Troops

On Tuesday, the House Homeland Security Subcommittee on Border and Maritime Security held a hearing on the Obama Administration’s decision to drastically reduce the number of National Guard troops along the U.S.-Mexico border. Now, after 19 months of stationing 1,200 National Guard ground troops along the border, that number sits at a mere 300. (Boston Herald, April 19, 2012)

Late last year, the Administration announced its intent to replace a majority of National Guard ground troops with aerial surveillance by using members of the Army and Air National Guard.  (San Francisco Chronicle, Dec. 13, 2011; FAIR Legislative Update, Dec. 19, 2011) Troops were initially placed along the southern border to assist both Customs and Border Protection (CBP) in spotting illegal entries, and Immigration and Customs Enforcement (ICE) with criminal intelligence. (C-Span video, July 19, 2010; see also FAIR Legislative Update, July 26, 2010

Pointing this out, Members of the Subcommittee questioned the Administration’s plan to reduce the number of boots on the ground. Chairman Candice Miller (R-MI) argued that National Guard troops have served a critical purpose on the border, serving as backup to CBP during times when agents were in short supply. “[W]ill CBP’s aviation components be able to sustain the missions previously performed by the National Guard?” she asked. (Rep. Miller Advisory, April 12, 2012) Arizona Rep. Paul Gosar (R) agreed, further arguing against troop withdrawal given the fact that the U.S. only has operational control of 873 miles of the 2,000-mile border.  (Bloomberg Government Transcript, April. 17, 2012)

The Administration nonetheless claims that replacing the troops on the ground with aerial surveillance will increase border security. Testifying before the Subcommittee, Assistant Defense Secretary Paul Stockton claimed that aerial surveillance technology would provide a new deterrent to illegal border crossers, as traffickers would no longer be able to easily avoid fixed-location entry identification teams along the border. (Bloomberg Government Transcript, April. 17, 2012)

Members of the National Guard’s aviation teams have already taken to the skies. Instead of 1,200 ground troops, Blackhawk helicopters and fixed-wing manned surveillance planes now fly over the border region. (Boston Herald, Apr. 19, 2012) According to media reports, the 300 remaining troops will either fly aircraft or analyze intelligence about smuggling routes in command centers miles from the border. (Id.; The Baltimore Sun, Apr. 19, 2012)

 

Most Popular

Recent Comments

Toddy Littman on Coronavirus & Dr. Rife
jimjfox on The Islamic Scam
USAPATRIOT✓ on Coronavirus & Dr. Rife
Dumb Bass Fisherman on The Disgrace of Benghazi
Dumb Bass Fisherman on Prosecute Biden the Crook!
Dumb Bass Fisherman on The Disgrace of Benghazi
Christan on Who is Nasim Aghdam?
FarvingStartist on
Swampmom on Stubborn Syria
OhSoGood on SHOCKING Media LIES
Pbranham on
Pbranham on
Fay Butler on Lawfare, living in fear
John Cunningham on The Media and Trump at 100 Days
steve smith on
Worried on
Insanity Personified on
no mo uro on
no mo uro on
Patriotjeff on
OhSoGood on
Steve on
lovelydestruction on
Val Cocora on
Jerry Kenney on
Merlinever on
Phill Crapidy on
Clifford Ishii on
Americanmommy on
Doctor Fine on
reggiec on
DeltamanH20 on
Ms. warrior4Christ on
Comrade Molotov on
reggiec on
JEANNIEMAC2 on
Average Punter on
shamm86 on
Rich on
ort on
Lee Sargeant on
Lee Sargeant on
jcarroll4415 on
Erroldean Andrews on
charles becker on
David Miller on
charles becker on
Sophia Emma on March4Trump
UR.carrion on The Islamic Scam
pbr90 on
John Cornel Kovach on Should Islam Be Banned from America?
Lane Wingham on Rituals of Islam
Lane Wingham on Rituals of Islam
Taylor Crystaloski on Rituals of Islam
lamarlamar on California Dreaming
usaok59 on Smearing Sessions
b.a. freeman on True Islam vs Pseudo Islam
b.a. freeman on True Islam vs Pseudo Islam
Randy McDaniels on True Islam vs Pseudo Islam
Mohammad Izzaterd on True Islam vs Pseudo Islam
Bikinis not Burkas on True Islam vs Pseudo Islam
John Cornel Kovach on Should Islam Be Banned from America?
paramore309 on
Anthony Duhe on
Anthony Duhe on
Dianna9490 on
Guest✓ᵛᵉʳᶦᶠᶦᵉᵈ on Dana Rohrabacher for Secretary of State
Guest✓ᵛᵉʳᶦᶠᶦᵉᵈ on Dana Rohrabacher for Secretary of State
Abu Mohamed on
wellilltellya on The Obama Era is Over
Dianna9490 on The Obama Era is Over
reggiec on Democratic Panic
Tony Donaldson on Why Trump Will Prevail
Charlotte W on Why Trump Will Prevail
Bubba Gump on Why Trump Will Prevail
bas h on
Dianna9490 on Weaponized Immigration
Dianna9490 on Charlotte Burning
Tony Donaldson on Hillary Clinton: Basket Case
SuperDave2 on The Islamic Scam
Truthorlie on Hillary’s Race War
Proud Amelekite on We are in the End of Days
EarthCitizenNumberOne on George Soros’s Open Border Foundations
EarthCitizenNumberOne on George Soros’s Open Border Foundations
Sgt Saunders on We are in the End of Days
Proud Amelekite on We are in the End of Days
Proud Amelekite on We are in the End of Days
Saputra 007 on We are in the End of Days
Kevan Massey on We are in the End of Days
Bonnie Wolf on We are in the End of Days
Bruce Peters on We are in the End of Days
David Collins on We are in the End of Days
Monte Noffsinger on We are in the End of Days
Proud Amelekite on We are in the End of Days
Eddie Clever on The Flying Clintons
jackcandobutwont on
TSM on
Tee Quake on Born in America
shamm86 on Born in America
seersuckerandapanama on The Coming US/Mexico War
Sgt Saunders on Would Jesus Bomb Hiroshima?
michaelhayes on Would Jesus Bomb Hiroshima?
Roberta Dzubow on MUST READ: The Twisting Noose
danstewart on Why Trump Chickened Out
Uzoozy on Paul Ryan's Hijra
JEANNIEMAC2 on Importing Terror
JEANNIEMAC2 on Insane Muslim Terrorists
"The Eastern Diamondback" on King Barack the Lawless Endangers Girls
Jeff Tangen on The Cults of Islam
Joe on
amyinnh on
David Gearhart on Sex Slavery by the Numbers
David Gearhart on Sex Slavery by the Numbers
Uzoozy on The Cults of Islam
Uzoozy on The Cults of Islam
GregAbdul on The Cults of Islam
Sgt Saunders on The Cults of Islam
Uzoozy on The Cults of Islam
Uzoozy on The Cults of Islam
charles becker on American Outlaws!
GregAbdul on The Cults of Islam
GregAbdul on The Cults of Islam
Uzoozy on The Cults of Islam
Uzoozy on The Cults of Islam
Uzoozy on The Cults of Islam
GregAbdul on The Cults of Islam
Uzoozy on The Cults of Islam
Uzoozy on The Cults of Islam
Uzoozy on The Cults of Islam
GregAbdul on The Cults of Islam
GregAbdul on The Cults of Islam
Uzoozy on The Cults of Islam
smacready on The Cults of Islam
Uzoozy on The Cults of Islam
Uzoozy on The Cults of Islam
smacready on The Cults of Islam
Uzoozy on The Cults of Islam
Uzoozy on The Cults of Islam
Uzoozy on The Cults of Islam
TheBucko on The Cults of Islam
TheBucko on The Cults of Islam
smacready on The Cults of Islam
smacready on The Cults of Islam
smacready on The Cults of Islam
smacready on The Cults of Islam
smacready on The Cults of Islam
smacready on The Cults of Islam
GregAbdul on The Cults of Islam
GregAbdul on The Cults of Islam
Robin Morgan on The Cults of Islam
bob250 on The Cults of Islam
SEARING JW TRUTH on The Cults of Islam
Uzoozy on The Cults of Islam
Winston Lawrence on The Satanic Bible's 'Golden Rule'
SEARING JW TRUTH on The Cults of Islam
smacready on The Cults of Islam
sherri palmer on
John Cunningham on Jihad in Brussels
Sebastian Medina on The Coming US/Mexico War
sherri palmer on
BobWhiteRevisited✓ᴺᵃᵗᶦᵒᶰᵃˡᶦˢᵗ on Why I Stump for Trump
sherri palmer on
Kevin Alfred Strom on Support for Trump Backfires on CPAC
marlene on
marlene on
DC on
DC on
Ike_Kiefer on
sherri palmer on
sherri palmer on
Christopher Strunk on Is Trump a Sleeper Agent for Moscow?
Christopher Strunk on Is Trump a Sleeper Agent for Moscow?
usaok59 on
Chris Palmer on
RobSez on
marlene on
MayPA on
spartan111 on
John Cunningham on
Weeping Man on
felix1999 on
felix1999 on
Virgil Cole on
Virgil Cole on
Virgil Cole on
Buzg on
usaok59 on
John Cunningham on
cfd_007 on
alfy on
D Guest on
marlene on
adbj102 on
JEANNIEMAC2 on
Hugh Jass on
JEANNIEMAC2 on
Uzoozy on
TexasOlTimer on
Uzoozy on
Uzoozy on
Waiting on
TexasOlTimer on
TexasOlTimer on
<-----MyFrontDoorBuddy on
<-----MyFrontDoorBuddy on
Sarfaraz A. on
Sarfaraz A. on
Alex Sheibani on
Uzoozy on
sherri palmer on
sviri finq on
No Corporate BS on
SumatraSue on
Ted Johnson on
Waiting on
Jason Woodworth on
Helmut Beintner on
Doug Sterling on
JEANNIEMAC2 on
jwmiller on
sickandtired on
sherri palmer on
VTrobert on
Fredrick Rehders on
usaok59 on
Waiting on
VTrobert on
cool-subzero90 on
michaelhayes on
danstewart on
reggiec on
John Cunningham on
Andrew on
John Cunningham on
Don P on
Britt Brooks on
John Cunningham on
Helmut Beintner on
Jim on
Spectrum on
danstewart on
Helmut Beintner on
Helmut Beintner on
Helmut Beintner on
John Cunningham on
missinger on
adbj102 on
noh1bvisas on
danstewart on
Jigsaw on
Jigsaw on
Patty Villanova on
sherri palmer on
sherri palmer on
sherri palmer on
sherri palmer on
sherri palmer on
sherri palmer on
sherri palmer on
Weeping Man on
Frosty Wooldridge on
Hugh Jass on
danstewart on
Jr1776 on
JEANNIEMAC2 on
Fredrick Rehders on
JEANNIEMAC2 on
ort on
Jared on
dndgaddy on
Thunderbolt #1 on
JEANNIEMAC2 on
reggiec on
David Gearhart on
David Gearhart on
madgrandma on
David Gearhart on
David Gearhart on
John Wesley Bletsch on
Chopko on
LaineeTheCat Wallace on 10 Tips How to Counter Islam
LaineeTheCat ✔Trump on
LaineeTheCat ✔Trump on
danstewart on
marlene on
marlene on
felix1999 on
felix1999 on
felix1999 on
ort on
ort on
felix1999 on
felix1999 on
felix1999 on
<-----MyFrontDoorBuddy on
marlene on
Helmut Beintner on
Whynot be great again222 on
JEANNIEMAC2 on
ort on
michaelhayes on
John Wesley Bletsch on
missinger on
missinger on
missinger on
Whynot be great again222 on
Whynot be great again222 on
Whynot be great again222 on
Whynot be great again222 on
Whynot be great again222 on
Whynot be great again222 on
Whynot be great again222 on
ort on
Allright Hamilton! on
ort on
Allright Hamilton! on
Allright Hamilton! on
TheBucko on
ort on
ort on
ZEPHANIAH54321 on
mzliberty2013 on
JEANNIEMAC2 on
Frosty Wooldridge on
Jim on
Frosty Wooldridge on
Whynot be great again222 on
Jawad Karim on
Tranqual on
Allright Hamilton! on
Whynot be great again222 on
Allright Hamilton! on
danstewart on
ort on
marlene on
satovey on The Islamic Scam
Tranqual on
Tranqual on
madgrandma on
durabo on
Warrior on
marlene on
reggiec on
reggiec on
marlene on
marlene on
marlene on
marlene on
marlene on
deanosslewis . on The Islamic Scam
asinnersavedbygrace on Top Bible Prophecy Stories of 2015
Jill Hasselbach Villalba on The New Terror Threat: Organized Rape
malaka_eneuresis on The Islamic Scam
TexasOlTimer on Trump Gets It: The Snake
maddog0311 on Trump Gets It: The Snake
John Cunningham on US Criminalizing Free Speech?
Michael Bluestein on Burns, Oregon, Is Not Bundy Ranch
John Cunningham on US Criminalizing Free Speech?
John Cunningham on US Criminalizing Free Speech?
John Cunningham on US Criminalizing Free Speech?
John Cunningham on US Criminalizing Free Speech?
sherri palmer on What Muslims Really Believe
David Gearhart on What Muslims Really Believe
wildmanonearth on Sharia Law for the Non-Muslim
Vladsmom on
bruce on Chelm
John Cunningham on ISIS Campaign for Europe
John Cunningham on Being Thankful for the Left
marlene on  GOP Plot Thickens
Fredrick Neal Rehders on Media Darling Conservatives
Sgt Saunders on Red-Faced Fury
Fredrick Neal Rehders on America Isn’t Dead Yet
funk u zionist bedouin on Red-Faced Fury
Fredrick Neal Rehders on Empty the Prisons Bill Now on Fast Track
NetJobsOnline~~~~Earn $97/hour on The Obama Machine Takes Over Canada
NetJobsOnline~~~~Earn $97/hour on The Death of Europe
NetJobsOnline~~~~Earn $97/hour on A Big Stash of Campaign Cash in Marijuana for Paul
kunling on The Death of Europe
Richard N on The Death of Europe
Yours Truly on Sweden Close to Collapse
John Cunningham on Sweden Close to Collapse
michaelhayes on Sweden Close to Collapse
michaelhayes on Sweden Close to Collapse
Doc Eckleberg on Sweden Close to Collapse
John Cunningham on Legitimizing Hillary’s Crimes
John Cunningham on Sweden Close to Collapse
Enos Dapenis on The Coming US/Mexico War
Fucck your lies on The Coming US/Mexico War
BornAgainSouthernPride on Obama and a Doctrine of Dishonesty
GooglePostJobs:::GET $97/h on Chinese Government Runs Circles Around Obama
GooglePostJobs:::GET $97/h on JW Exposes Hillary Clinton Lie
John Cunningham on JW Exposes Hillary Clinton Lie
Yours Truly on I Am Mourning For America
Yours Truly on I Am Mourning For America
Prophetess Anya Kelly on Are We Living In The Last Days?
disqus_NSXp0ZCum6 on Should Christians Call God Allah?
Tee Quake on Nuclear Jihad
ort on
Jim on
Joel Spealman on Is Trump the Real Deal?
RobertLaity on
DENNIS J. MALONE on Is Trump the Real Deal?
ort on
Manorbier on
Bo Wetstone on The Banking Oligarchs
Dannie Poe on
JohnDiLiberto on The Banking Oligarchs
Herman Van Keer on Answering Muslims Conference
Mean Green Law on Donald Trump: American Patriot
Jigsaw on Trumping Trump
b keaton on Trumping Trump