Kyl happy with Bush plan to put Guard on border; others skeptical
Senator Jon Kyl says he's "delighted", where's "crash" Mccain at ?
Arizona Senator Jon Kyl says he's "delighted" with President Bush's plan to send the National Guard to the U-S border with Mexico.
Monday, May 15, 2006
guest worker program ? we got an "uninvited guest worker" problem already !
guest worker program ? we got an "uninvited guest worker" problem already !
that's the prblem, uninvteed workers.
guest worker program ? we got an "uninvited guest worker" problem already !
that's the prblem, uninvteed workers.
guest worker program ? we got an "uninvited guest worker" problem already !
Republican newsletter for Arizona
Republican newsletter for Arizona
"So full marks to Arizona Congressman John Shadegg, who was the first politician of note to propose that the government suspend the outrageously high tariffs on imported ethanol."
- From a Wall Street Journal editorial last week lauding Congressman John Shadegg's introduction of the Ethanol Tax Relief Act.
Congressman Shadegg Offers Real Solutions to High Gas Prices
With consumers continuing to face high gas prices, Congressman John Shadegg is offering relief with the introduction of the Ethanol Tax Relief Act.
With the gasoline additive MBTE being phased out, almost every gallon of gasoline sold in the United States is going to require ethanol, but the domestic ethanol supply is simply inadequate. The United States levies a tariff of 2.5 percent and a 54-cent per gallon duty on imported ethanol. The result is higher gasoline prices. Rep. Shadegg's bill would suspend the taxes on imported ethanol until January 1, 2007, increasing supply and lowering prices.
The Wall Street Journal praised Congressman Shadegg's bill, saying, "Washington is floating so many bad ideas in its panic over $3 gasoline that it's something of a miracle when someone proposes a good one. So full marks to Arizona Congressman John Shadegg, who was the first politician of note to propose that the government suspend the outrageously high tariffs on imported ethanol."
The New York Sun agrees. In an editorial, the paper wrote, "Rep. John Shadegg has introduced one of the few sensible proposals for dealing with high gasoline prices - a lifting, albeit temporary, of protectionist tariffs on foreign ethanol."
With Democrats proposing shortsighted tax gimmicks to fix our pains at the pump, Congressman Shadegg is leading the fight for commonsense solutions to the energy crunch.
Margaret Garcia Dugan Addresses Tucson Magnet High School
Margaret Garcia Dugan, the Arizona Department of Education's deputy associate superintendent for schools, addressed Tucson Magnet High School on Friday, May 12. You'll recall that's the same high school where last month labor activist claimed, "Republicans hate Latinos" during a left-wing rant in a speech before students.
In her remarks, Ms. Garcia Dugan set the record straight on Republican values and spoke of the need for students to think independently.
In her speech, Ms. Garcia Dugan said, "When you hear a broad and unsupported statement like, 'Republicans Hate Latinos,' you should check it out to see if there is any evidence backing it up before you make up your mind to believe it. Any time a person gives you a blanket statement, that stereotypes people into a category, you need to be smart enough to see through that."
Ms. Garcia Dugan is to be commended for seeking to give students a new perspective on our nation's political landscape.
Trunk & Tusk 2006 Dinner Series Kicks Off With Governor Mitt Romney
Trunk & Tusk is back! By joining TNT you get invitations to all TNT events and special membership benefits.
The TNT 2006 series starts June 10 at the Scottsdale Plaza Resort with special guest Massachusetts Governor Mitt Romney. The VIP reception starts at 6 pm, with dinner at 7 pm.
For $275 you get a Silver membership, which includes three dinners in 2006.
A Gold membership is $500 and includes three dinners and VIP receptions.
A Platinum membership is $5000 and includes the dinners and receptions for two people, and participation in exclusive roundtable discussions with Arizona Republican Party Chairman Matt Salmon and national political leaders.
Become a member today by registering at the AZ GOP Web page or by sending your check or credit card information to:
Arizona Republican Party
3501 N. 24th St.
Phoenix, AZ 85016
Congressman Renzi Votes for Tax Relief While Opponent Calls for Giant Tax Hike
America's most liberal Congressional candidate and former ACLU President Ellen Simon announced her support for a massive $70 billion tax increase for Arizonans - including vulnerable senior citizens- over the next four years.
Simon criticized Congressman Rick Renzi for voting in support of tax relief for working Americans and small businesses that are spurring explosive economic growth across the nation and in Arizona. Twenty-eight million families will benefit from the tax cuts by an average of almost $990 on their 2006 tax returns. Over eight million beneficiaries are seniors who received an average benefit of $1,144.
If Ellen Simon had her way, we'd have a crippling tax hike that would send our economy into a tail spin and take money from the pockets of Arizona's families and seniors.
The National Taxpayers Union said preventing the tax hike will boost America's economy. According to the NTU, "By extending the lower tax rate on this vital fuel for our economic expansion, the bill ensures that Americans will be able to count on some stability in the tax system. Since many large and small investors try to plan on a multi-year financial horizon, middle-class families saving for college or retirement will see greater returns and smaller tax bills."
Hayworth Campaign Going Strong, But Mitchell Can't Get Support
In a sign of a campaign failing to gain traction with supporters, the Democratic Congressional Campaign Committee (DCCC) has decided not to include Harry Mitchell's campaign for the District 5 seat in the U.S. House of Representatives in its current fundraising efforts. DCCC support is a key gauge of the confidence the Democratic Party has in its candidates.
This is a rare example of fiscal conservatism from a party known for its spendthrift ways. While Republicans are united behind Congressman J.D. Hayworth, Democrats have looked at Harry Mitchell and decided to spend their money elsewhere.
Capitol Update
WHAT YOUR REPUBLICAN LEGISLATURE IS DOING - FOR THE WEEK ENDING MAY 12, 2006
• Comprehensive immigration plan takes shape. The Republican Legislature has crafted the most aggressive and comprehensive border security plan in the country. This week the Legislature plans to take up the multi-layered approach to securing the nearly 400 miles of Arizona's border with Mexico.
Highlights of the plan include a radar system that can spot illegal aliens crossing the desert; $55 million for local law enforcement for jail and immigration enforcement costs; $10 million to station the National Guard on the border; and employer sanctions that hold businesses liable that knowingly hire illegal aliens.
The comprehensive Republican built plan invests $150 million where Arizona really needs it - border security.
• Tax cuts part of state budget package. The Legislature has proposed a two-year, $500 million tax relief package that reduces both personal income and property taxes to help ensure the state's economy continues humming along. A new budget proposal contains a five percent reduction in income tax rates in each of the next two years to ensure that Arizonans get to keep more of the money they work so hard to earn. And with property taxes on the rise thanks to an explosive increase in valuations, the Legislature is proposing a substantial reduction in the state property tax.
In addition to tax relief, the fiscally responsible proposal that does not spend more permanent revenue than the state has, demonstrates a commitment to funding all of the state's top priorities like infrastructure, public safety, education, health care and the above-discussed groundbreaking and critically important package for border enforcement.
And speaking of investing in our burgeoning state's infrastructure, to help relieve traffic congestion the Republican Legislature is proposing to invest $345 million for new roads around the state.
Quote of the week: "It focuses on education, taxpayers, illegal immigration issues and financial, fiscal responsibility by not spending more than we have." Senate President Ken Bennett on the legislative budget proposal set to move through the legislative process this week.
Did you know? Governor Napolitano's spending plan, which loads up on social welfare and entitlement spending and offers no meaningful or broad-based tax cuts, would land Arizona right back into a deficit, with ongoing spending outstripping ongoing revenue to the tune of a whopping $375 million.
By contrast, the Republican Legislature's plan that will move through the legislative process this week leaves the state with a positive balance.
Campaign Season Means Field Offices are Open for Business
As Republicans begin the march to victory in November, we need your help to make every campaign a winning one.
We'll be running phone banks and other campaign activities from our field offices and we count on volunteers like you to help with staff support.
If you are able to help at any of the offices below, please contact Mateo Figueroa via e-mail.
West Valley
15440 N. 35th Ave., Ste. 4
Phoenix, AZ 85053
(North of Greenway Rd. in the Thank Q Shopping Center)
602-843-3863
Flagstaff
405 N. Beaver
Suite #3
Flagstaff, AZ 86001
928-213-0849
Green Valley
125 W. Calle de Las Tiendas
Suite #119A
Green Valley, AZ 85614
520-399-4671
Tucson
Pima County Republican Party
5447 E. Fifth St., Suite 100
Tucson, AZ 85711
520-360-2412
Tempe
Tempe Executive Center
1232 E. Broadway
Suite 202
Tempe, AZ 85282
AZ GOP Headquarters
3501 N. 24th Street
Phoenix, AZ 85016
602-957-7770
Sierra Vista Office
498 W. Fry Rd.
Sierra Vista, AZ 85635
520-417-1000
Senator Kyl Bumper Stickers Available at AZ GOP HQ
Just a quick reminder that Kyl for Senate bumper stickers are available at Arizona Republican Party headquarters at 3501 N. 24th St. in Phoenix.
Upcoming Events
Cocktails and conversation with Senator Jon Kyl
Please join politically-astute women for cocktails and conversation with The Honorable Jon Kyl, U.S. Senator, Arizona on Friday, May 19, 2006 from 5:00 pm - 6:30 pm.
At the home of Susan Bitter Smith, 5806 East Lewis Avenue, in Scottsdale.
$100 per person. For event questions and details, please contact Pam Barbey or Anne Lynch at 602-840-0306 or pam@jonkyl.com or anne@jonkyl.com.
Contributions are not deductible as charitable contributions for federal income tax purposes.
Coconino County Lincoln Day Dinner
Join the Acting Secretary of the Interior Lynn Scarlett at this year's Coconino County Lincoln Day Dinner on Friday, May 19. This annual celebration will take place at the Canyon Clubhouse at Forest Highlands in Flagstaff.
• Roundtable discussion: 4:30 PM - $1000 per person - includes VIP reception and dinner.
• VIP Reception: 5:30 PM - $125 per person/$250 per couple includes dinner and photo.
• Dinner: 6:30 PM - $75 per person/$150 per couple
• Table of 10 for $750
Call (928) 213-0849 to make your reservation.
Arizona Latino Republican Association Meeting
ALRA, the Arizona Latino Republican Association, will meet on May 22 at 5:30 PM at AZ GOP Headquarters at 3501 N. 24th St., in Phoenix.
For more information contact Alica Lara.
"So full marks to Arizona Congressman John Shadegg, who was the first politician of note to propose that the government suspend the outrageously high tariffs on imported ethanol."
- From a Wall Street Journal editorial last week lauding Congressman John Shadegg's introduction of the Ethanol Tax Relief Act.
Congressman Shadegg Offers Real Solutions to High Gas Prices
With consumers continuing to face high gas prices, Congressman John Shadegg is offering relief with the introduction of the Ethanol Tax Relief Act.
With the gasoline additive MBTE being phased out, almost every gallon of gasoline sold in the United States is going to require ethanol, but the domestic ethanol supply is simply inadequate. The United States levies a tariff of 2.5 percent and a 54-cent per gallon duty on imported ethanol. The result is higher gasoline prices. Rep. Shadegg's bill would suspend the taxes on imported ethanol until January 1, 2007, increasing supply and lowering prices.
The Wall Street Journal praised Congressman Shadegg's bill, saying, "Washington is floating so many bad ideas in its panic over $3 gasoline that it's something of a miracle when someone proposes a good one. So full marks to Arizona Congressman John Shadegg, who was the first politician of note to propose that the government suspend the outrageously high tariffs on imported ethanol."
The New York Sun agrees. In an editorial, the paper wrote, "Rep. John Shadegg has introduced one of the few sensible proposals for dealing with high gasoline prices - a lifting, albeit temporary, of protectionist tariffs on foreign ethanol."
With Democrats proposing shortsighted tax gimmicks to fix our pains at the pump, Congressman Shadegg is leading the fight for commonsense solutions to the energy crunch.
Margaret Garcia Dugan Addresses Tucson Magnet High School
Margaret Garcia Dugan, the Arizona Department of Education's deputy associate superintendent for schools, addressed Tucson Magnet High School on Friday, May 12. You'll recall that's the same high school where last month labor activist claimed, "Republicans hate Latinos" during a left-wing rant in a speech before students.
In her remarks, Ms. Garcia Dugan set the record straight on Republican values and spoke of the need for students to think independently.
In her speech, Ms. Garcia Dugan said, "When you hear a broad and unsupported statement like, 'Republicans Hate Latinos,' you should check it out to see if there is any evidence backing it up before you make up your mind to believe it. Any time a person gives you a blanket statement, that stereotypes people into a category, you need to be smart enough to see through that."
Ms. Garcia Dugan is to be commended for seeking to give students a new perspective on our nation's political landscape.
Trunk & Tusk 2006 Dinner Series Kicks Off With Governor Mitt Romney
Trunk & Tusk is back! By joining TNT you get invitations to all TNT events and special membership benefits.
The TNT 2006 series starts June 10 at the Scottsdale Plaza Resort with special guest Massachusetts Governor Mitt Romney. The VIP reception starts at 6 pm, with dinner at 7 pm.
For $275 you get a Silver membership, which includes three dinners in 2006.
A Gold membership is $500 and includes three dinners and VIP receptions.
A Platinum membership is $5000 and includes the dinners and receptions for two people, and participation in exclusive roundtable discussions with Arizona Republican Party Chairman Matt Salmon and national political leaders.
Become a member today by registering at the AZ GOP Web page or by sending your check or credit card information to:
Arizona Republican Party
3501 N. 24th St.
Phoenix, AZ 85016
Congressman Renzi Votes for Tax Relief While Opponent Calls for Giant Tax Hike
America's most liberal Congressional candidate and former ACLU President Ellen Simon announced her support for a massive $70 billion tax increase for Arizonans - including vulnerable senior citizens- over the next four years.
Simon criticized Congressman Rick Renzi for voting in support of tax relief for working Americans and small businesses that are spurring explosive economic growth across the nation and in Arizona. Twenty-eight million families will benefit from the tax cuts by an average of almost $990 on their 2006 tax returns. Over eight million beneficiaries are seniors who received an average benefit of $1,144.
If Ellen Simon had her way, we'd have a crippling tax hike that would send our economy into a tail spin and take money from the pockets of Arizona's families and seniors.
The National Taxpayers Union said preventing the tax hike will boost America's economy. According to the NTU, "By extending the lower tax rate on this vital fuel for our economic expansion, the bill ensures that Americans will be able to count on some stability in the tax system. Since many large and small investors try to plan on a multi-year financial horizon, middle-class families saving for college or retirement will see greater returns and smaller tax bills."
Hayworth Campaign Going Strong, But Mitchell Can't Get Support
In a sign of a campaign failing to gain traction with supporters, the Democratic Congressional Campaign Committee (DCCC) has decided not to include Harry Mitchell's campaign for the District 5 seat in the U.S. House of Representatives in its current fundraising efforts. DCCC support is a key gauge of the confidence the Democratic Party has in its candidates.
This is a rare example of fiscal conservatism from a party known for its spendthrift ways. While Republicans are united behind Congressman J.D. Hayworth, Democrats have looked at Harry Mitchell and decided to spend their money elsewhere.
Capitol Update
WHAT YOUR REPUBLICAN LEGISLATURE IS DOING - FOR THE WEEK ENDING MAY 12, 2006
• Comprehensive immigration plan takes shape. The Republican Legislature has crafted the most aggressive and comprehensive border security plan in the country. This week the Legislature plans to take up the multi-layered approach to securing the nearly 400 miles of Arizona's border with Mexico.
Highlights of the plan include a radar system that can spot illegal aliens crossing the desert; $55 million for local law enforcement for jail and immigration enforcement costs; $10 million to station the National Guard on the border; and employer sanctions that hold businesses liable that knowingly hire illegal aliens.
The comprehensive Republican built plan invests $150 million where Arizona really needs it - border security.
• Tax cuts part of state budget package. The Legislature has proposed a two-year, $500 million tax relief package that reduces both personal income and property taxes to help ensure the state's economy continues humming along. A new budget proposal contains a five percent reduction in income tax rates in each of the next two years to ensure that Arizonans get to keep more of the money they work so hard to earn. And with property taxes on the rise thanks to an explosive increase in valuations, the Legislature is proposing a substantial reduction in the state property tax.
In addition to tax relief, the fiscally responsible proposal that does not spend more permanent revenue than the state has, demonstrates a commitment to funding all of the state's top priorities like infrastructure, public safety, education, health care and the above-discussed groundbreaking and critically important package for border enforcement.
And speaking of investing in our burgeoning state's infrastructure, to help relieve traffic congestion the Republican Legislature is proposing to invest $345 million for new roads around the state.
Quote of the week: "It focuses on education, taxpayers, illegal immigration issues and financial, fiscal responsibility by not spending more than we have." Senate President Ken Bennett on the legislative budget proposal set to move through the legislative process this week.
Did you know? Governor Napolitano's spending plan, which loads up on social welfare and entitlement spending and offers no meaningful or broad-based tax cuts, would land Arizona right back into a deficit, with ongoing spending outstripping ongoing revenue to the tune of a whopping $375 million.
By contrast, the Republican Legislature's plan that will move through the legislative process this week leaves the state with a positive balance.
Campaign Season Means Field Offices are Open for Business
As Republicans begin the march to victory in November, we need your help to make every campaign a winning one.
We'll be running phone banks and other campaign activities from our field offices and we count on volunteers like you to help with staff support.
If you are able to help at any of the offices below, please contact Mateo Figueroa via e-mail.
West Valley
15440 N. 35th Ave., Ste. 4
Phoenix, AZ 85053
(North of Greenway Rd. in the Thank Q Shopping Center)
602-843-3863
Flagstaff
405 N. Beaver
Suite #3
Flagstaff, AZ 86001
928-213-0849
Green Valley
125 W. Calle de Las Tiendas
Suite #119A
Green Valley, AZ 85614
520-399-4671
Tucson
Pima County Republican Party
5447 E. Fifth St., Suite 100
Tucson, AZ 85711
520-360-2412
Tempe
Tempe Executive Center
1232 E. Broadway
Suite 202
Tempe, AZ 85282
AZ GOP Headquarters
3501 N. 24th Street
Phoenix, AZ 85016
602-957-7770
Sierra Vista Office
498 W. Fry Rd.
Sierra Vista, AZ 85635
520-417-1000
Senator Kyl Bumper Stickers Available at AZ GOP HQ
Just a quick reminder that Kyl for Senate bumper stickers are available at Arizona Republican Party headquarters at 3501 N. 24th St. in Phoenix.
Upcoming Events
Cocktails and conversation with Senator Jon Kyl
Please join politically-astute women for cocktails and conversation with The Honorable Jon Kyl, U.S. Senator, Arizona on Friday, May 19, 2006 from 5:00 pm - 6:30 pm.
At the home of Susan Bitter Smith, 5806 East Lewis Avenue, in Scottsdale.
$100 per person. For event questions and details, please contact Pam Barbey or Anne Lynch at 602-840-0306 or pam@jonkyl.com or anne@jonkyl.com.
Contributions are not deductible as charitable contributions for federal income tax purposes.
Coconino County Lincoln Day Dinner
Join the Acting Secretary of the Interior Lynn Scarlett at this year's Coconino County Lincoln Day Dinner on Friday, May 19. This annual celebration will take place at the Canyon Clubhouse at Forest Highlands in Flagstaff.
• Roundtable discussion: 4:30 PM - $1000 per person - includes VIP reception and dinner.
• VIP Reception: 5:30 PM - $125 per person/$250 per couple includes dinner and photo.
• Dinner: 6:30 PM - $75 per person/$150 per couple
• Table of 10 for $750
Call (928) 213-0849 to make your reservation.
Arizona Latino Republican Association Meeting
ALRA, the Arizona Latino Republican Association, will meet on May 22 at 5:30 PM at AZ GOP Headquarters at 3501 N. 24th St., in Phoenix.
For more information contact Alica Lara.
should Mexico be placed on the " axis of evil" list of terrorist nations ?
should Mexico be placed on the " axis of evil" list of terrorist nations ?
Mexico exports drugs,
imports a lot of stolen US cars
a deflationary cheap labor source
economic sanctions if they continue to ignore the these serious issues.
Mexico exports drugs,
imports a lot of stolen US cars
a deflationary cheap labor source
economic sanctions if they continue to ignore the these serious issues.
how about merely boosting and fund the 1986 act ?
how about merely boosting and fund the 1986 act ?
Statement on Signing the Immigration Reform and Control Act of 1986
November 6, 1986
The Immigration Reform and Control Act of 1986 is the most comprehensive reform of our immigration laws since 1952. In the past 35 years our nation has been increasingly affected by illegal immigration. This legislation takes a major step toward meeting this challenge to our sovereignty. At the same time, it preserves and enhances the Nation's heritage of legal immigration. I am pleased to sign the bill into law.
In 1981 this administration asked the Congress to pass a comprehensive legislative package, including employer sanctions, other measures to increase enforcement of the immigration laws, and legalization. The act provides these three essential components. The employer sanctions program is the keystone and major element. It will remove the incentive for illegal immigration by eliminating the job opportunities which draw illegal aliens here. We have consistently supported a legalization program which is both generous to the alien and fair to the countless thousands of people throughout the world who seek legally to come to America. The legalization provisions in this act will go far to improve the lives of a class of individuals who now must hide in the shadows, without access to many of the benefits of a free and open society. Very soon many of these men and women will be able to step into the sunlight and, ultimately, if they choose, they may become Americans.
Section 102(a) of the bill adds section 274B to the Immigration and Nationality Act. This new section relates to certain kinds of discrimination in connection with employment in the United States. Section 274B(a) provides that it is an ``unfair immigration-related employment practice'' to ``discriminate against'' any individual in hiring, recruitment or referral for a fee, or discharging from employment ``because of'' such individual's national origin or -- if such individual is a United States citizen or an alien who is a lawful permanent resident, refugee admitted under INA section 207, or asylee granted asylum under section 208, and who has taken certain steps evidencing an intent to become a United States citizen -- because of such individual's citizenship status. Employers of fewer than four employees are expressly exempted from coverage. Discrimination against an ``unauthorized alien,'' as defined in section 274A(h)(3), is also not covered. Other exceptions include cases of discrimination because of national origin that are covered by title VII of the Civil Rights Act of 1964, discrimination based on citizenship status when lawfully required under government authority, and discrimination in favor of a United States citizen over an alien if the citizen is at least ``equally qualified.''
The major purpose of section 274B is to reduce the possibility that employer sanctions will result in increased national origin and alienage discrimination and to provide a remedy if employer sanctions enforcement does have this result. Accordingly, subsection (k) provides that the section will not apply to any discrimination that takes place after a repeal of employer sanctions if this should occur. In the light of this major purpose, the Special Counsel should exercise the discretion provided under subsection (d)(1) so as to limit the investigations conducted on his own initiative to cases involving discrimination apparently caused by an employer's fear of liability under the employer sanctions program.
I understand section 274B to require a ``discriminatory intent'' standard of proof: The party bringing the action must show that in the decisionmaking process the defendant's action was motivated by one of the prohibited criteria. Thus, it would be improper to use the ``disparate impact'' theory of recovery, which was developed under paragraph (2) of section 703(a) of title VII, in a line of Supreme Court cases over the last 15 years. This paragraph of title VII does not have a counterpart in section 274B. Section 274B tracks only the language of paragraph (1) of section 703(a), the basis of the ``disparate treatment'' (discriminatory intent) theory of recovery under title VII. Moreover, paragraph (d)(2) refers to ``knowing an intentional discrimination'' and ``a pattern or practice of discriminatory activity.'' The meaning of the former phrase is self-evident, while the latter is taken from the Supreme Court's disparate treatment jurisprudence and thus includes the requirement of a discriminatory intent.
Thus, a facially neutral employee selection practice that is employed without discriminatory intent will be permissible under the provisions of section 274B. For example, the section does not preclude a requirement of English language skill or a minimum score on an aptitude test even if the employer cannot show a ``manifest relationship'' to the job in question or that the requirement is a ``bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise,'' so long as the practice is not a guise used to discriminate on account of national origin or citizenship status. Indeed, unless the plaintiff presents evidence that the employer has intentionally discriminated on proscribed grounds, the employer need not offer any explanation for his employee selection procedures.
Section 274B(c) provides that the President shall appoint, with the advice and consent of the Senate, a Special Counsel for Immigration-Related Unfair Employment Practices within the Justice Department, to serve for a term of 4 years. I understand this subsection to provide that the Special Counsel shall serve at the pleasure and with the policy guidance of the President, but for no longer than for a 4-year term (subject to reappointment by the President with the advice and consent of the Senate).
In accordance with the provisions of section 274B(h) and (j)(4), a requirement to pay attorneys' fees may be imposed against nonprevailing parties -- including alleged victims or persons who file on their behalf as well as employers -- if claims or defenses are made that do not have a reasonable foundation in both law and fact. The same standard for the imposing of attorneys' fees applies to all nonprevailing parties. It is therefore expected that prevailing defendants would recover attorneys' fees in all cases for which this standard is satisfied, not merely in cases where the claim of the victim or person filing on their behalf is found to be vexatious or frivolous.
The provisions of new INA section 245A(a)(4)(B) and (b)(1)(C)(ii), added by section 201(a) of the bill, state that no alien would qualify for the lawful temporary or the permanent residence status provided in that section if he or she has been convicted of any felony or three or more misdemeanors committed in the United States.
New INA section 245A(d)(2) states that no alien would qualify for the lawful temporary or permanent residence status provided in that section if ``likely to become [a] public charge [ ].'' This disqualification could be waived by the Attorney General under certain circumstances. A likelihood that an applicant would become a public charge would exist, for example, if the applicant had failed to demonstrate either a history of employment in the United States of a kind that would provide sufficient means without public cash assistance for the support of the alien and his likely dependents who are not United States citizens or the possession of independent means sufficient by itself for such support for an indefinite period.
New INA section 245A(a)(3) requires that an applicant for legalization establish that he has been ``continuously physically present in the United States since the date of the enactment'' but states that ``brief, casual, and innocent absences from the United States'' will not be considered a break in the required continuous physical presence. To the extent that the INS has made available a procedure by which aliens can obtain permission to depart and reenter the United States after a brief, casual, and innocent absence by establishing a prima facie case of eligibility for adjustment of status under this section, I understand section 245A(a)(3) to require that an unauthorized departure and illegal reentry will constitute a break in ``continuous physical presence.''
New INA section 210(d), added by section 302(a) of the bill, provides that an alien who is ``apprehended'' before or during the application period for adjustment of status for certain ``special agricultural workers,'' may not under certain circumstances related to the establishment of a nonfrivolous case of eligibility for such adjustment of status be excluded or deported. I understand this subsection not to authorize any alien to apply for admission to or to be admitted to the United States in order to apply for adjustment of status under this section. Aliens outside the United States may apply for adjustment of status under this section at an appropriate consular office outside the United States pursuant to the procedures established by the Attorney General, in cooperation with the Secretary of State, as provided in section 210(b)(1)(B).
Section 304 of the bill establishes the Commission on Agricultural Workers, half of whose 12 members are appointed by the executive branch and half by the legislative branch. This hybrid Commission is not consistent with constitutional separation of powers. However, the Commission's role will be entirely advisory.
Section 304(g) provides that upon request of the Commission's Chairman, the head of ``any department or agency of the United States'' must supply ``information necessary to enable it to carry out [the] section.'' Although I expect that the executive branch will cooperate closely with the Commission, its access to executive branch information will be limited in accordance with established principles of law, including the constitutional separation of powers.
Section 601 establishes a Commission for the Study of International Migration and Cooperative Economic Development, all of whose members are appointed by the legislative branch. Section 601(d)(1) states that the access to executive branch information required under section 304(g) must be provided to this Commission also. Accordingly, the comments of the preceding paragraph are appropriate here as well.
New INA section 274A(a)(5) provides that a person or entity shall be deemed in compliance with the employment verification system in the case of an individual who is referred for employment by a State employment agency if that person or entity retains documentation of such referral certifying that the agency complied with the verification system with respect to the individual referred. I understand this provision not to mandate State employment agencies to issue referral documents certifying compliance with the verification system or to impose any additional affirmative duty or obligation on the offices or personnel of such agencies.
Distance has not discouraged illegal immigration to the United States from all around the globe. The problem of illegal immigration should not, therefore, be seen as a problem between the United States and its neighbors. Our objective is only to establish a reasonable, fair, orderly, and secure system of immigration into this country and not to discriminate in any way against particular nations or people.
The act I am signing today is the product of one of the longest and most difficult legislative undertakings of recent memory. It has truly been a bipartisan effort, with this administration and the allies of immigration reform in the Congress, of both parties, working together to accomplish these critically important reforms. Future generations of Americans will be thankful for our efforts to humanely regain control of our borders and thereby preserve the value of one of the most sacred possessions of our people: American citizenship.
Note: S. 1200, approved November 6, was assigned Public Law No. 99 - 603.
Statement on Signing the Immigration Reform and Control Act of 1986
November 6, 1986
The Immigration Reform and Control Act of 1986 is the most comprehensive reform of our immigration laws since 1952. In the past 35 years our nation has been increasingly affected by illegal immigration. This legislation takes a major step toward meeting this challenge to our sovereignty. At the same time, it preserves and enhances the Nation's heritage of legal immigration. I am pleased to sign the bill into law.
In 1981 this administration asked the Congress to pass a comprehensive legislative package, including employer sanctions, other measures to increase enforcement of the immigration laws, and legalization. The act provides these three essential components. The employer sanctions program is the keystone and major element. It will remove the incentive for illegal immigration by eliminating the job opportunities which draw illegal aliens here. We have consistently supported a legalization program which is both generous to the alien and fair to the countless thousands of people throughout the world who seek legally to come to America. The legalization provisions in this act will go far to improve the lives of a class of individuals who now must hide in the shadows, without access to many of the benefits of a free and open society. Very soon many of these men and women will be able to step into the sunlight and, ultimately, if they choose, they may become Americans.
Section 102(a) of the bill adds section 274B to the Immigration and Nationality Act. This new section relates to certain kinds of discrimination in connection with employment in the United States. Section 274B(a) provides that it is an ``unfair immigration-related employment practice'' to ``discriminate against'' any individual in hiring, recruitment or referral for a fee, or discharging from employment ``because of'' such individual's national origin or -- if such individual is a United States citizen or an alien who is a lawful permanent resident, refugee admitted under INA section 207, or asylee granted asylum under section 208, and who has taken certain steps evidencing an intent to become a United States citizen -- because of such individual's citizenship status. Employers of fewer than four employees are expressly exempted from coverage. Discrimination against an ``unauthorized alien,'' as defined in section 274A(h)(3), is also not covered. Other exceptions include cases of discrimination because of national origin that are covered by title VII of the Civil Rights Act of 1964, discrimination based on citizenship status when lawfully required under government authority, and discrimination in favor of a United States citizen over an alien if the citizen is at least ``equally qualified.''
The major purpose of section 274B is to reduce the possibility that employer sanctions will result in increased national origin and alienage discrimination and to provide a remedy if employer sanctions enforcement does have this result. Accordingly, subsection (k) provides that the section will not apply to any discrimination that takes place after a repeal of employer sanctions if this should occur. In the light of this major purpose, the Special Counsel should exercise the discretion provided under subsection (d)(1) so as to limit the investigations conducted on his own initiative to cases involving discrimination apparently caused by an employer's fear of liability under the employer sanctions program.
I understand section 274B to require a ``discriminatory intent'' standard of proof: The party bringing the action must show that in the decisionmaking process the defendant's action was motivated by one of the prohibited criteria. Thus, it would be improper to use the ``disparate impact'' theory of recovery, which was developed under paragraph (2) of section 703(a) of title VII, in a line of Supreme Court cases over the last 15 years. This paragraph of title VII does not have a counterpart in section 274B. Section 274B tracks only the language of paragraph (1) of section 703(a), the basis of the ``disparate treatment'' (discriminatory intent) theory of recovery under title VII. Moreover, paragraph (d)(2) refers to ``knowing an intentional discrimination'' and ``a pattern or practice of discriminatory activity.'' The meaning of the former phrase is self-evident, while the latter is taken from the Supreme Court's disparate treatment jurisprudence and thus includes the requirement of a discriminatory intent.
Thus, a facially neutral employee selection practice that is employed without discriminatory intent will be permissible under the provisions of section 274B. For example, the section does not preclude a requirement of English language skill or a minimum score on an aptitude test even if the employer cannot show a ``manifest relationship'' to the job in question or that the requirement is a ``bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise,'' so long as the practice is not a guise used to discriminate on account of national origin or citizenship status. Indeed, unless the plaintiff presents evidence that the employer has intentionally discriminated on proscribed grounds, the employer need not offer any explanation for his employee selection procedures.
Section 274B(c) provides that the President shall appoint, with the advice and consent of the Senate, a Special Counsel for Immigration-Related Unfair Employment Practices within the Justice Department, to serve for a term of 4 years. I understand this subsection to provide that the Special Counsel shall serve at the pleasure and with the policy guidance of the President, but for no longer than for a 4-year term (subject to reappointment by the President with the advice and consent of the Senate).
In accordance with the provisions of section 274B(h) and (j)(4), a requirement to pay attorneys' fees may be imposed against nonprevailing parties -- including alleged victims or persons who file on their behalf as well as employers -- if claims or defenses are made that do not have a reasonable foundation in both law and fact. The same standard for the imposing of attorneys' fees applies to all nonprevailing parties. It is therefore expected that prevailing defendants would recover attorneys' fees in all cases for which this standard is satisfied, not merely in cases where the claim of the victim or person filing on their behalf is found to be vexatious or frivolous.
The provisions of new INA section 245A(a)(4)(B) and (b)(1)(C)(ii), added by section 201(a) of the bill, state that no alien would qualify for the lawful temporary or the permanent residence status provided in that section if he or she has been convicted of any felony or three or more misdemeanors committed in the United States.
New INA section 245A(d)(2) states that no alien would qualify for the lawful temporary or permanent residence status provided in that section if ``likely to become [a] public charge [ ].'' This disqualification could be waived by the Attorney General under certain circumstances. A likelihood that an applicant would become a public charge would exist, for example, if the applicant had failed to demonstrate either a history of employment in the United States of a kind that would provide sufficient means without public cash assistance for the support of the alien and his likely dependents who are not United States citizens or the possession of independent means sufficient by itself for such support for an indefinite period.
New INA section 245A(a)(3) requires that an applicant for legalization establish that he has been ``continuously physically present in the United States since the date of the enactment'' but states that ``brief, casual, and innocent absences from the United States'' will not be considered a break in the required continuous physical presence. To the extent that the INS has made available a procedure by which aliens can obtain permission to depart and reenter the United States after a brief, casual, and innocent absence by establishing a prima facie case of eligibility for adjustment of status under this section, I understand section 245A(a)(3) to require that an unauthorized departure and illegal reentry will constitute a break in ``continuous physical presence.''
New INA section 210(d), added by section 302(a) of the bill, provides that an alien who is ``apprehended'' before or during the application period for adjustment of status for certain ``special agricultural workers,'' may not under certain circumstances related to the establishment of a nonfrivolous case of eligibility for such adjustment of status be excluded or deported. I understand this subsection not to authorize any alien to apply for admission to or to be admitted to the United States in order to apply for adjustment of status under this section. Aliens outside the United States may apply for adjustment of status under this section at an appropriate consular office outside the United States pursuant to the procedures established by the Attorney General, in cooperation with the Secretary of State, as provided in section 210(b)(1)(B).
Section 304 of the bill establishes the Commission on Agricultural Workers, half of whose 12 members are appointed by the executive branch and half by the legislative branch. This hybrid Commission is not consistent with constitutional separation of powers. However, the Commission's role will be entirely advisory.
Section 304(g) provides that upon request of the Commission's Chairman, the head of ``any department or agency of the United States'' must supply ``information necessary to enable it to carry out [the] section.'' Although I expect that the executive branch will cooperate closely with the Commission, its access to executive branch information will be limited in accordance with established principles of law, including the constitutional separation of powers.
Section 601 establishes a Commission for the Study of International Migration and Cooperative Economic Development, all of whose members are appointed by the legislative branch. Section 601(d)(1) states that the access to executive branch information required under section 304(g) must be provided to this Commission also. Accordingly, the comments of the preceding paragraph are appropriate here as well.
New INA section 274A(a)(5) provides that a person or entity shall be deemed in compliance with the employment verification system in the case of an individual who is referred for employment by a State employment agency if that person or entity retains documentation of such referral certifying that the agency complied with the verification system with respect to the individual referred. I understand this provision not to mandate State employment agencies to issue referral documents certifying compliance with the verification system or to impose any additional affirmative duty or obligation on the offices or personnel of such agencies.
Distance has not discouraged illegal immigration to the United States from all around the globe. The problem of illegal immigration should not, therefore, be seen as a problem between the United States and its neighbors. Our objective is only to establish a reasonable, fair, orderly, and secure system of immigration into this country and not to discriminate in any way against particular nations or people.
The act I am signing today is the product of one of the longest and most difficult legislative undertakings of recent memory. It has truly been a bipartisan effort, with this administration and the allies of immigration reform in the Congress, of both parties, working together to accomplish these critically important reforms. Future generations of Americans will be thankful for our efforts to humanely regain control of our borders and thereby preserve the value of one of the most sacred possessions of our people: American citizenship.
Note: S. 1200, approved November 6, was assigned Public Law No. 99 - 603.
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