Hayworth Introduces -ËœEnforcement First- Immigration Reform Bill

Proposes Zero Tolerance for Illegal Immigration WASHINGTON- U.S. Rep. J.D. Hayworth has introduced sweeping legislation containing core conservative principles that should guide the national effort to confront illegal immigration. The Hayworth bill, a 115-page document incorporating new proposals authored by the Arizona Republican and a host of anti-illegal immigration measures offered by House conservatives, takes an enforcement first approach and rejects guest worker plans. Hayworth said he hopes the Enforcement First legislation will serve as a rallying point for the overwhelming majority of Americans that are dedicated to creating an effective, commonsense approach to immigration. If we leave this issue to the powerful self-interest groups in Washington, the opportunity to heal and strengthen our broken immigration system will be lost for generations and perhaps forever, Hayworth said. During a Capitol Hill news conference on Thursday to announce the introduction of the Enforcement First Immigration Reform Act, Hayworth said Americas borders are being overrun by illegal aliens and the blame for this failure rests squarely with the federal government. He cited a broad range of failures and refusals by the federal government to enforce current laws and said this has sent the wrong message. We must send a different message: zero tolerance of illegal immigration, Hayworth said. This is more than a legislative proposal; it is a national call for action. Our goal is to inspire the American people to rise up and demand that Congress enact an immigration policy that strengthens our borders, makes our nation more secure, and honors our abiding commitment to the rule of law. The bill pointedly excludes any of the guest worker plans that are the centerpiece of proposals offered by the White House and members of the House and Senate. Those types of experiments have been tried numerous times in the past and there is a reason we have no temporary worker program now; they dont work. The results have always been more illegals crossing our borders and lower wages for American workers. We are determined to be a part of the solution to illegal immigration rather than adding to the problem. His legislation calls for a coordinated effort by the Social Security Administration, Internal Revenue Service, and the Immigration and Customs Enforcement agency to detect illegal workers and penalize their employers. Employer fines would be increased from $10,000 to $50,000 for each illegal alien hired. Jail terms would be increased from six months to a maximum five years. For submitting false W-2 data, employer fines would be increased from $50 to $500 per infraction, up to a maximum cap of $2.5 million. The bill also requires the IRS and SSA to report the names of top violators to Congress each year. The bill authorizes the addition of 10,000 Department of Homeland Security personnel whose sole responsibility will be to enforce employer compliance and prosecute those who hire illegal aliens. Hayworth said this approach will encourage those who are here illegally to leave and discourage other illegals from coming across our borders. At the same time, the Hayworth bill proposes a 120,000 increase in employment-based visas granted each year. Certain non-employment visas currently granted in other categories would be reduced to maintain the overall annual number of legal immigrants at its present level. Also, the bill endorses a plan to require aliens seeking temporary visas to obtain a bond that would be forfeited if they violate terms of their permit. Further, the practice of granting citizenship to any child born in the United States is ended unless at least one parent is in the U.S. legally. To strengthen the nations porous borders, the bill authorizes U.S. military forces to aid the effort to strengthen the nations porous borders, as well as 10,000 new Border Patrol agents and 1,250 officers at ports of entry. In addition, it authorizes $2.5 billion to equip border officials with force-multiplying surveillance and detection technology. Also, the bill proposes to mobilize the nations 700,000 state and local law enforcement officers, who in the course of their normal duties would help federal authorities apprehend and deport some 400,000 criminal aliens, 80,000 of which have been convicted of serious felonies. Enforcement First Immigration Reform Act of 2005 Description of Major Provisions Promotes Vigorous, Coordinated Interior Enforcement ¢ Increases the number of investigators and attorneys in the Department of Homeland Securitys Immigration and Customs Enforcement agency; also increases Department of Justice immigration judges and attorneys; creates a new Assistant Attorney General for Immigration Enforcement at DOJ. ¢ Authorizes state and local law enforcement to enforce immigration law in the course of their duties---similar to narcotics and vice operations. This could add as many as 700,000 law enforcement officials to the battle against illegal immigration. ¢ Adds to the National Crime Information Center database the names of 400,000 illegal aliens in the U.S. with standing deportation orders, including 85,000 murderers, rapists, and other violent criminals; gives local police officers immediate access to the data base. ¢ State and local law enforcement agencies that choose to use this authority will have access to $1 billion in State Criminal Alien Assistance Program (SCAAP) reimbursement funds per year. ¢ Increases federal detention bed space by 10,000 beds and promotes alternatives to detention. ¢ Department of Homeland Security (DHS) will report to Congress each year on the progress made in enforcing immigration laws in the interior of the country. Cracks Down on Illegal Employment ¢ Directs SSA to automatically furnish names of employers that submit false SS#s to immigration law enforcement officials at DHS. ¢ Increases IRS fine for employers that submit false W-2 data (from $50 to $500 per incident, and cap from $250,000 to $2,500,000). ¢ IRS and SSA will report the top employers with non-matching employee records to Congress annually. ¢ Allows safe harbor from IRS fine for submission of false W-2 data (SSN) only in cases of quickly corrected clerical errors, or if employer used SSA system to verify employees SSN. ¢ No credit toward Social Security benefits for illegal work. Strengthens Workplace Enforcement ¢ Adds 10,000 new DHS personnel whose sole responsibility will be to enforce employer compliance and authorizes a minimum of $100 million per year to prosecute those who hire illegal aliens. ¢ Increases the fine for employing illegal aliens from $10,000 total to $50,000 per illegal alien hired. ¢ Increases the jail term for hiring illegal aliens to 1 year per illegal alien hired (up to a 5 year maximum sentence), and requires the employer to pay for the illegal aliens deportation. ¢ Requires employers to verify the work authorization documents and eligibility of all new hires via the Employment Verification System (previously referred to as the Basic Pilot Program) beginning 30 days after enactment. ¢ Requires employers who receive a no-match letter for an employee hired before the date of enactment to use the employment eligibility verification database. Reduces Identification Fraud ¢ Creates a tamper resistant Social Security card with a digitized photograph of the cardholder, which will allow employers to instantaneously verify citizenship for new hires via a new electronic database. ¢ Requires the Internal Revenue Service (IRS) to change the format of the Individual Taxpayer Identification Numbers to make it distinguishable from a SSN. ¢ Requires the IRS to share ITIN information with the Department of Homeland Security for immigration enforcement purposes. ¢ Prohibits the federal government from accepting any foreign-issued document other than a passport for the purposes of identification. ¢ Prohibits the federal government or any state or local agency charged with administering federal benefits from accepting foreign-issued documents. ¢ Prohibits financial institutions from accepting any form of foreign identification except a passport for the purposes of opening an account. ¢ Establishes minimum security standards for federal recognition of state-issued birth certificates. Requires SSA to independently verify birth records submitted in support of applications for Social Security cards. Improves Border Security ¢ Enhances Border Patrol by authorizing U.S. military forces to aid in border security in the protection of our homeland. ¢ Authorizes 10,000 Border Patrol agents (same as Intelligence Reform bill) and 1,250 new Customs and Border Protection Officers at ports of entry. ¢ Authorizes $2.5 billion for Border Patrol to rapidly acquire force-multiplying technology, including unmanned aerial vehicles, cameras, radar, and sensors. ¢ Expands expedited removal for aliens who are ineligible to enter the U.S. ¢ Provides assistance to tribal communities to reduce illegal immigration across tribal lands. Ensures American Immigration Priorities Are Met ¢ Increases Employment-based immigration visa categories by 120,000 visas a year. Encourages immigration based on skills of immigrants and U.S. economic needs. ¢ Eliminates the Visa Lottery Program (55,000 visas). ¢ Eliminates the Sibling Visa Category (65,000 visas). ¢ Department of Labor will report to Congress on the projected demand for foreign laborers, both immigrant and non-immigrant, for the next fiscal year. ¢ State Department consular officers may require aliens seeking temporary visa to obtain a bond to ensure compliance with the visa terms. ¢ Aliens subject to removal proceedings may be released on bond of at least $10,000 so long as a judge expressly finds that the alien is not a flight risk and threat to the U.S. Defends Citizenship ¢ Makes voting in a foreign election, serving in a foreign government, running for an elective office in a foreign state, or serving in a foreign army a felony punishable by a $10,000 fine and 1 year in jail unless the Secretary of State approves an exemption on a case by case basis. ¢ Ends the practice of granting citizenship to any child born in the United States unless at least one parent is in the U.S. legally. Encourages Mexico to be a Good Neighbor ¢ 3-year moratorium on approving family-based or employment-based immigrant visas for Mexican citizens. ¢ Limits family-based immigration visas for Mexico to 50,000 per year after the 3-year moratorium. Statement by U.S. Rep. J.D. Hayworth (R-AZ) Announcing Introduction of The Enforcement First Immigration Reform Act Washington D.C. - Thurs., Sept. 29, 2005 America's borders are being overrun by illegal aliens and the blame for this failure rests squarely with the federal government. If America is truly committed to homeland security, if ours is a nation of laws, and if our sovereign borders are to be respected by the world, then both the White House and the Congress must chart a different course. That course is laid out in the bill we are introducing today, the "Enforcement First Immigration Reform Act of 2005." There are those who believe the answer to our immigration problems is amnesty in the form of a guest worker plan. They claim that enforcement will never work. But how would they know? Rigorous, consistent enforcement has never been tried. As the numbers of illegals grew into the millions, efforts to enforce the law actually diminished. For example, in 2004 the Bureau of Immigration and Customs Enforcement in the Department of Homeland Security issued a grand total of only three notices of intent to seek fines against employers for knowingly hiring illegals. Years of non-enforcement have encouraged those who are here illegally to stay and millions more to come. We must send a different message: zero tolerance of illegal immigration. We will encourage those who are here illegally to leave and discourage others from coming by denying them the opportunity to work illegally. That same, commonsense approach extends to an overhaul of the present visa system. By giving the highest priority to employment-based visas, we will create a pool of 120,000 new workers annually without increasing the overall number of visas. This bill does not sell entry passes to illegal aliens, as various guest worker proposals would. We welcome only those individuals who are willing to respect our immigration laws. Americans know and our bill that we need stronger borders, tougher laws, tougher fines and criminal penalties, more vigorous interior enforcement, and more immigration enforcement agents. It is time for the federal government to act accordingly. We would mobilize a coordinated effort by law enforcement officers at the local, state and national levels to apprehend and deport an estimated 400,000 criminal aliens, including some 80,000 that have been convicted of serious crimes. And we would cancel the wrong message that unelected officials and regulators in the federal government have been sending. A perfect example is the recent decision directing federally chartered banks and lending institutions to honor foreign-issued identification documents, specifically the Matricula Consular card. That decision was made in the face of warnings from the FBI that national security would be weakened. Apparently, the lessons of 9-11 already have been forgotten. In crafting this bill, we were determined to be a part of the solution to illegal immigration rather than adding to the problem. That is precisely why you will not find any type of guest worker or temporary worker program in this bill. Those types of experiments have been tried numerous times in the past and there is a reason we have no temporary worker program now they dont work. The results have always been more illegals crossing our borders and lower wages for American workers. Since the president announced his intention to enact a guest worker program in January 2004, our borders have been overrun by illegals looking to get in the country and in line for what they clearly perceive as amnesty. The Enforcement First Immigration Reform Act avoids that catastrophic mistake. This bill offers a sweeping and comprehensive plan. It incorporates several good ideas put forward by my colleagues. By joining forces, it is our hope and intention that this bill will serve as a rallying point for the overwhelming majority of Americans that are dedicated to creating an effective, commonsense approach to immigration. We are under no illusions about the difficulty of our task. Powerful self-interest factions are preparing an all-out, big money campaign to pressure Congress into accepting the same old amnesty approach that has failed before. They offer corporate welfare in the form of a never-ending supply of cheap labor. They offer big labor the possibility of hundreds of thousands of new members. And some Republicans are ready to join Democrats in a craven, shortsighted battle to see which party can build the greater political power base out of the anticipated huge influx of Hispanic voters. If we leave this issue to the powerful self-interest groups in Washington, the opportunity to heal and strengthen our broken immigration system will be lost for generations and perhaps forever. That is why our Enforcement First approach is more than a legislative proposal; it is a national call for action. Our goal is to inspire the American people to rise up and demand that Congress enact an immigration policy that strengthens our borders, makes our nation more secure, and honors our abiding commitment to the rule of law.