Senate Amendments Increase Funding for Border Security
On Wednesday, two significant border-related amendments were added to the Defense Appropriations bill currently before the Senate (H.R. 3222). The first of these was an amendment offered by Senator Jeff Sessions (R-AL) to continue funding for 6,000 National Guard troops stationed on the southern border (S.A. 3192). Since May, the Administration has drawn down half of the National Guardsmen originally stationed on the border as part of Operation Jump Start. The Administration plans to draw down the remainder at the beginning of 2008.
The Sessions Amendment, which was added to the bill on a voice vote, reverses the Administration's efforts to end Operation Jump Start by keeping troops funded on the border through fiscal year 2008. "The number of illegal aliens attempting to cross the border decreased by about 25 percent since National Guard troops were deployed," said Sen. Sessions. "This program is a proven success and it would be unthinkable to back away so soon from this critical part of our border enforcement strategy." (Reuters, Oct. 4, 2007)
Earlier in the day, the Senate adopted by a vote of 95-1 an amendment to the Defense Appropriations bill authored by Lindsey Graham (R-SC) that would provide $3 billion for security at the U.S.-Mexico border. Senator Johnny Isakson (R-GA) spoke in support of the amendment, saying, "There's no greater domestic issue in this country than the problems on our southern border with Mexico, and it is time that Congress makes a commitment to make border security a reality." The amendment sets aside money for selected purposes at the discretion of the Administration. The Administration may spend this $3 billion to hire additional border patrol agents, to install fencing and vehicle barriers along the border, for removal and detention of illegal aliens, and to reimburse states and localities utilizing a 287(g) program. The only money dedicated to a specific enforcement area is $60,000,000 designated for employment eligibility verification programs.
During the debate on the amendment Senator Graham demonstrated that he had no intent of giving up on "comprehensive immigration reform." Indicating that the enforcement package was aimed at laying the predicate for further legislative action, he said, "People who want border security first, this is a recognition that we've listened to you, we understand what you're saying, and we're putting money aside to make sure we secure our border." (Houston Chronicle, Oct. 4, 2007; The State, Oct. 4, 2007)
Tuesday, October 09, 2007
Lawmakers Working Under the Radar to Increase H-2B Visas
Lawmakers Working Under the Radar to Increase H-2B Visas
Reports are coming from the Hill that certain lawmakers are quietly working to increase the number of unskilled workers allowed into the U.S. by surreptitiously raising the H-2B visa cap. The leading proponents of such a move are Senator Barbara Mikulski (D-MD) and Congressman Bart Stupak (D-MI), who have introduced the "Save Our Small and Seasonal Business Act of 2007" (S.988/H.R.1843) and are going from Member to Member to gain support. This legislation would increase the number of unskilled foreign workers in the U.S. by exempting H-2B workers who have been in the U.S. "during any 1 of the preceding 3 years" from the 66,000 cap when they reenter the U.S.
The H-2B program is a temporary non-immigrant worker program through which U.S. businesses import tens of thousands of unskilled foreign laborers each year to perform non-agricultural work. Last year, for example, over 134,000 non-immigrants were brought into the U.S. as H-2B workers, nearly one-third of whom were employed as landscapers and at least one-tenth of whom worked in the resort industry. (U.S. Department of Labor, Office of Foreign Labor Certification, Performance Report: March 28, 2005-September 30, 2006, September 17, 2007). The maximum duration of an H-2B visa is one year.
Under long-standing law, the number of H-2B visas issued in a year is capped at 66,000. Each fiscal year, half of these visas become available in October and the other half becomes available beginning in April. Often, these H-2B visas are all apportioned before they are even released. In this year, for example, applications for the visas coming available in April were already over 33,000 in March. (Denver Post, October 4, 2007).
However, instead of putting pressure on employers to increase wages or seek out American workers to make up any labor shortfalls, Congress increased H-2B visas in both 2005 and 2006. This was the result of Senator Barbara Mikulski (D-MD) successfully offering amendments that provided a temporary back-door way to avoid the H-2B cap. The Mikulski language allowed an H-2B worker who had received his or her visa in any of the previous three years to return without being counted toward the cap. Thus, a business could get around the cap entirely by rehiring previous H-2B workers. According to the Department of Homeland Security, in fiscal year 2006, the total number of admissions of returning workers into the U.S. was 36,792. Department of Homeland Security, USCIS, 2006 Statistical Yearbook, Table 26: Nonimmigrant Admissions (I-94 Only) By Class Of Admission: Fiscal Years 1998 To 2006, 2007).
Through the Save Our Small and Seasonal Business Act of 2007, Congress is once again entertaining pleas from business to renew the returning worker exception. And because simply renewing the returning worker exemption would not be enough to appease business interests, the legislation offered by Senator Mikulski and Congressman Stupak this year has no sunset. The legislation would immediately permit up to 264,000 people to enter the country under the H-2B program—66,000 per year for the three previous years and 66,000 more for fiscal year 2008. This number could then grow at a rate of 66,000 workers per year and by 2017, the potential number of H-2B workers allowed into the country could reach 858,000.
Reports are coming from the Hill that certain lawmakers are quietly working to increase the number of unskilled workers allowed into the U.S. by surreptitiously raising the H-2B visa cap. The leading proponents of such a move are Senator Barbara Mikulski (D-MD) and Congressman Bart Stupak (D-MI), who have introduced the "Save Our Small and Seasonal Business Act of 2007" (S.988/H.R.1843) and are going from Member to Member to gain support. This legislation would increase the number of unskilled foreign workers in the U.S. by exempting H-2B workers who have been in the U.S. "during any 1 of the preceding 3 years" from the 66,000 cap when they reenter the U.S.
The H-2B program is a temporary non-immigrant worker program through which U.S. businesses import tens of thousands of unskilled foreign laborers each year to perform non-agricultural work. Last year, for example, over 134,000 non-immigrants were brought into the U.S. as H-2B workers, nearly one-third of whom were employed as landscapers and at least one-tenth of whom worked in the resort industry. (U.S. Department of Labor, Office of Foreign Labor Certification, Performance Report: March 28, 2005-September 30, 2006, September 17, 2007). The maximum duration of an H-2B visa is one year.
Under long-standing law, the number of H-2B visas issued in a year is capped at 66,000. Each fiscal year, half of these visas become available in October and the other half becomes available beginning in April. Often, these H-2B visas are all apportioned before they are even released. In this year, for example, applications for the visas coming available in April were already over 33,000 in March. (Denver Post, October 4, 2007).
However, instead of putting pressure on employers to increase wages or seek out American workers to make up any labor shortfalls, Congress increased H-2B visas in both 2005 and 2006. This was the result of Senator Barbara Mikulski (D-MD) successfully offering amendments that provided a temporary back-door way to avoid the H-2B cap. The Mikulski language allowed an H-2B worker who had received his or her visa in any of the previous three years to return without being counted toward the cap. Thus, a business could get around the cap entirely by rehiring previous H-2B workers. According to the Department of Homeland Security, in fiscal year 2006, the total number of admissions of returning workers into the U.S. was 36,792. Department of Homeland Security, USCIS, 2006 Statistical Yearbook, Table 26: Nonimmigrant Admissions (I-94 Only) By Class Of Admission: Fiscal Years 1998 To 2006, 2007).
Through the Save Our Small and Seasonal Business Act of 2007, Congress is once again entertaining pleas from business to renew the returning worker exception. And because simply renewing the returning worker exemption would not be enough to appease business interests, the legislation offered by Senator Mikulski and Congressman Stupak this year has no sunset. The legislation would immediately permit up to 264,000 people to enter the country under the H-2B program—66,000 per year for the three previous years and 66,000 more for fiscal year 2008. This number could then grow at a rate of 66,000 workers per year and by 2017, the potential number of H-2B workers allowed into the country could reach 858,000.
ICE Sweep Nets over 1300 Illegal Aliens
ICE Sweep Nets over 1300 Illegal Aliens in Southern California
On Wednesday, Immigration and Customs Enforcement (ICE) officials announced one of the country's largest immigration sweeps on record, netting over 1300 illegal aliens across 5 counties in Southern California. (San Diego Union Tribute, October 4). The operation, taken in concert with local sheriffs, focused on aliens who had been processed at southern California jails and were discovered to be deportable.
Of those arrested in the sweep, about 530 were apprehended at their homes and workplaces, while 800 others were removed immediately after the completion of their jail terms. Nearly 1100 of those arrested came from Mexico, but the remainder originated from over 30 countries, including Armenia, India and Ireland. While the vast majority of the aliens were in the country illegally, several of those arrested were lawful residents whose felonies made them deportable. More than 600 of those arrested had been deported by Wednesday. (AFP, October 4; Deutsche Press-Agentur, October 3).
Jim Hayes, the Los Angeles field director for ICE, indicated that the sweep reflects the agency's newfound aggressive stance towards enforcement of immigration laws. "Where the laws may not have been enforced in the past," he said, "that has changed." Nonetheless, there remain nearly 597,000 immigration fugitives in the U.S. While this figure is down 35,000 from last year, it is evidence that ICE has only scratched the surface when it comes to enforcing our country's immigration laws.
On Wednesday, Immigration and Customs Enforcement (ICE) officials announced one of the country's largest immigration sweeps on record, netting over 1300 illegal aliens across 5 counties in Southern California. (San Diego Union Tribute, October 4). The operation, taken in concert with local sheriffs, focused on aliens who had been processed at southern California jails and were discovered to be deportable.
Of those arrested in the sweep, about 530 were apprehended at their homes and workplaces, while 800 others were removed immediately after the completion of their jail terms. Nearly 1100 of those arrested came from Mexico, but the remainder originated from over 30 countries, including Armenia, India and Ireland. While the vast majority of the aliens were in the country illegally, several of those arrested were lawful residents whose felonies made them deportable. More than 600 of those arrested had been deported by Wednesday. (AFP, October 4; Deutsche Press-Agentur, October 3).
Jim Hayes, the Los Angeles field director for ICE, indicated that the sweep reflects the agency's newfound aggressive stance towards enforcement of immigration laws. "Where the laws may not have been enforced in the past," he said, "that has changed." Nonetheless, there remain nearly 597,000 immigration fugitives in the U.S. While this figure is down 35,000 from last year, it is evidence that ICE has only scratched the surface when it comes to enforcing our country's immigration laws.
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