Response from Sen. Isakson:
Friends:
There has been a great deal of misinformation and falsehoods circulating
about the immigration proposal that is to be debated in the Senate this week
and Senator Isakson’s role in the development of it. In order to clarify the
misperceptions, I am forwarding the following.
A couple of things to keep in mind:
Senator Isakson was instrumental in drafting and fighting for the
inclusion of the “border security first trigger.” There would be no
commitment to truly securing the border had Senator Isakson not been
at the table for these discussions. It is equally important to note
that he was not in every meeting dealing with and was surely not the
“lead negotiator” on the overall proposal.
Senator Isakson simply said that this proposal is a good starting
point for the debate; he has not said that he supports or will vote
for any final bill. The Devil is in the details, and he will review
the final product before making a judgment.
Senator Isakson believes in a full debate before a final vote is
taken. Today there will be a vote on cloture on a motion to proceed
to the bill; it is not a vote on final passage of this bill.
Please feel free to contact me if you have further questions.
Best regards,
Chris
Key Questions/Answers About The Border Security And
Immigration Reform Proposal
Why did Senate conservatives have to negotiate with Ted Kennedy, the
Democrats and the White House on any immigration proposal?
· The Democrats control both the House and Senate and have the votes to
pass last year’s Kennedy bill or something worse that will grant amnesty and
will not secure our borders.
· In the legislative process, no one gets 100 percent of what they want.
This legislation represents the best opportunity that we have to secure our
borders and address this problem.
· Some say we can not trust this White House or the Democrats to actually
enforce the new bill. That will be true of any legislation, and that is why
the Isakson border-security-first triggers are so important.
· We also have to consider what kind of bill we might get with a
Democratic President (no border security, blanket amnesty, no enforcement
and rights to all welfare benefits).
Will this proposal secure our borders and does it include the Isakson
border-security-first trigger? Yes.
This proposal would result in our borders being secure for the
first time in our history.
This proposal contains the Isakson border-security-first trigger
exactly as Senator Johnny Isakson of Georgia drafted it. It says
that no temporary worker program can begin until the Secretary of
Homeland Security certifies to the President and to the Congress
that specific key border security measures are funded, in place and
operational.
The border security measures that must be funded, in place and
operational are:
Manpower – A total of 18,000 full-time Border Patrol
Agents.
Detention beds – Detention facilities with a total
capacity of 27,500 detention beds to end the practice of
“catch and release.”
Barriers – Additional barriers such as 370 miles of
fences and 70 underground sensor systems along the entire
U.S.-Mexico border.
Unmanned Aerial Vehicles -- A squadron of at least four
unmanned aerial vehicles with high-tech sensors and
satellite communication to allow coverage on the border by
an unmanned vehicle 24 hours a day.
Biometrically secure ID – A biometrically secure
identification card program so employers can instantly
verify whether an immigrant is legal or illegal.
Does this proposal offer a new, special pathway for illegal immigrants to
obtain U.S. citizenship or permanent residency? No.
There is no new automatic pathway to citizenship, nor is there a
new automatic path to establish permanent residency with a green
card.
Illegals must leave the country and must apply for a green card
through a U.S. Embassy or Consulate outside the United States, just
like everyone else, and they are placed at the back of the line.
Everyone who has been waiting patiently on line will be ahead of
them.
Does this proposal give amnesty to those who are here illegally? No.
According to Black’s Law Dictionary, amnesty is the blanket
pardon of an offense without penalty. This proposal is not amnesty
because illegal workers must complete the following steps in order
to obtain a probationary Z visa granting temporary, probationary
legal status:
Come forward within 18 months of the bill’s enactment
Plead guilty to breaking the law and be placed on
probation
Pay an extensive fine and processing fee
Undergo criminal background checks
Prove they are employed
Become proficient in English
Workers approved for Z visas will be given a temporary
probationary legal status, but they will be barred from the full
privileges of citizens or Legal Permanent Residents, such as welfare
benefits, Social Security benefits, and the ability to sponsor
relatives abroad as immigrants.
Workers who obtain Z visas must leave the country when they stop
working.
What if someone here illegally does not come forward?
· Individuals who are here illegally have 18 months to come forward.
· If they do not come forward, they will be deported and permanently
banned from the United States when they are caught.
· If they try to get a job, employers will ask for their biometrically
secure identification cards, which they won’t have.
· If an employer hires an individual without a biometrically secure
identification card, the employer will face extensive fines for each illegal
immigrant that is employed.
Does this proposal allow illegal immigrants to immediately apply for a
green card? No.
Under this proposal, it will take most Z visa workers at least a
decade to be eligible for a green card.
After becoming eligible, Z visa workers must wait in line behind
those who applied lawfully, pay penalties, fees, and fines, complete
accelerated English requirements, leave the United States and file
their application in their home country, and demonstrate merit based
on the skills and attributes they will bring to the United States.
Does this proposal end “chain-migration”? Yes.
The immigration system would be reformed to better balance the
importance of family connections with the economic needs of our
country by replacing the current system, where nearly two-thirds of
green cards are awarded to relatives of U.S. citizens, with a system
in which future family immigration will focus on the nuclear family
and parents.
A new Parents Visitor visa is created to ensure that parents are
allowed to visit their children in the United States regularly and
for extended periods of time.
The Diversity Lottery Program, which grants 50,000 green cards
per year through random chance, is ended.
These rebalanced green cards are used to clear the Family Backlog
in eight years and then applied to the new Merit System for future
immigration once the backlog is cleared.
Does the proposal create a new merit based system to select immigrants
based upon what they contribute to the United States? Yes.
The Proposal establishes a new merit-based system to select
future immigrants based on the skills and attributes they will bring
to the United States. A merit system is used by many other
countries.
Under the merit system, future immigrants applying to enter the
United States will be assigned points for skills, education,
employment background and other attributes that further our national
interest. These skills include:
Ability to speak English.
Level of schooling, including added points for training
in science, math, and technology.
Job offer in a high-demand field.
Work experience in the United States.
Employer endorsement.
Family ties to the United States.
Will Z visa workers be allowed to collect Social Security benefits?
Z visa workers will pay into the Social Security system, as will
their employers. Z visa workers may collect ONLY the share they
individually put into the system and ONLY when they leave the United
States. Z visa workers are barred from collecting the share of
Social Security that employers put into the system on their behalf.
Won’t illegal immigrants simply come out of the shadows and on to the
welfare rolls? No.
Z visa workers are not entitled to welfare, Food Stamps, SSI,
non-emergency Medicaid, or other programs and privileges enjoyed by
U.S. citizens and some Legal Permanent Residents.
In order to apply for and maintain Z visa status, workers must
remain employed. If they are no longer working, they must leave the
United States immediately.
Will Z visa workers be required to learn English and Civics? Yes.
Probationary Z visa applicants must demonstrate a knowledge and
understanding of the fundamentals of the history and of the
principles and form of government of the United States, as well as
be able to read, write, speak, and understand words in ordinary
usage in the English language. They must prove this in a test prior
to their first renewal of their probationary Z visa.
The proposal also recognizes that English is the common language
of the United States and that the Government of the United States
shall preserve and enhance the role of English as the language of
the United States of America.
In addition, the DHS Office of Citizenship will be expanded to
include coordinating assimilation efforts in its mission, and the
Education Secretary will make an English instruction program freely
available over the Internet.
Does this proposal repeat the mistakes of the 1986 Immigration Reform and
Control Act? No.
· The 1986 Act failed because it provided amnesty for 3 million
immigrants, but did not secure our borders and did not include a workable
employer verification system.
· This proposal addresses every one of the shortcomings from 1986:
o No Amnesty: Illegal workers must acknowledge that they broke the law
and pay a fine to be eligible for a Z visa.
o Border Security: Border security benchmarks must be met before the Z
visa and temporary worker programs go into effect. These triggers include:
constructing 370 miles of fencing and 200 miles of vehicle barriers at the
border and increasing the size of the Border Patrol to 18,000 agents.
o Employer Verification System: An Employment Eligibility Verification
System must be ready to process new hires before the Z visa and temporary
worker programs go into effect.
· The 1986 Act offered green cards after just 18 months, but under this
proposal, green card applicants must meet so many responsibilities that it
will take most candidates more than a decade to become eligible.
How will the government be able to meet its promise to crack down on the
hiring of illegal workers?
Before the Z visa and temporary worker programs go into effect,
an Employment Eligibility Verification System (EEVS) must be in
place and ready to prevent unauthorized workers from obtaining jobs
in the United States.
Employers will be required to verify the work eligibility of all
employees using the EEVS, and all workers will be required to
present stronger and more readily verifiable identification
documents. Tough new anti-fraud measures will be implemented to
restrict fraud and identity theft.
Employers who hire illegal workers will face stiff new criminal
and civil penalties. For example, the maximum criminal penalty for a
pattern or practice of hiring illegals will increase 25-fold, from
$3,000 per alien to $75,000 per alien.
Will the trigger period cause a rush to the border? No.
To be eligible to apply for a Z visa, illegal immigrants must
prove they were in the country prior to January 1, 2007. Those who
cannot prove that will be deported immediately.
Anyone caught crossing the border after the new law passes will
be fingerprinted and permanently barred from entry to the U.S.,
creating a strong disincentive to illegal immigration.
Will government agencies be able to share information to pursue
immigration violators? Yes.
Under this proposal, there will be unprecedented information
sharing between Federal, State, and local agencies to ensure that
immigration laws are respected and enforced.
The new Employment Eligibility Verification System, which
employers will be required to use for all employees, will rely on
unprecedented information sharing across Federal and State
databases, including Social Security records, passport and visa
records, and State driver's licenses.
For Z visa applicants, DHS has authority to share information
with law enforcement about terrorist aliens, security risks, and
criminal aliens, including aliens who lie on their applications and
aliens who commit fraud.
Under this proposal, DHS will receive Social Security
Administration "no match" information on individuals and information
on multiple uses of the same social security number by more than one
individual.
Was this deal negotiated behind closed doors?
Recognizing the diversity of thought in the Senate on this issue,
the Senate Republican and Democratic Leadership, as well as the
White House, convened a number of working groups to hear different
views and ideas on how best to address this problem.
A number of Senators representing different views on this issue
participated in formulating a proposal.
The next step is an open debate of this proposal on the Senate
floor.
Numerous articles in the press have chronicled the process to
develop legislation over the past several months.
Will there be an opportunity to alter the language of this proposal, or
is this the final version?
During debate of this proposal on the Senate floor, there will be
opportunity to offer amendments to change the language of the
proposal.
Senator Isakson looks forward to a floor debate in which all
members of the Senate have a chance to offer amendments that they
think would improve the bill.
Should we support a bill that contains 90 percent of what conservatives
want?
With a Democratic-controlled Congress, it is a victory that most
of the principles that conservatives have been fighting for are
contained in this proposal. Conservatives should see this as the
best chance to secure the border and reform our immigration system
using conservative principles.
With the political uncertainty of the 2008 presidential election,
this is our best shot at securing the border and reforming our
immigration system with conservative principles.
Conservatives should not allow the perfect to be the enemy of the
good.
Is it true that illegal immigrants do not have to go home to be eligible
for a Z visa?
For now the bill does not force deportation of the estimated 12
to 20 million illegal immigrants who are here. While this is not
ideal, the Democrats are not willing to force deportation, and they
are in the majority.
The proposal would force illegals to come forward within 18
months of the bill’s enactment and plead guilty to the crime of
entering our country illegally, pay a fine and become proficient in
English. If they fail to come forward, or fail to clear a background
check, or fail to learn English, or fail to remain employed, or if
they commit a second crime, they will be deported and permanently
banned from the United States.
Under the current proposal, workers who obtain Z visas would have
to leave the country when they stopped working.
However, this proposal is open to amendment in the Senate. When
this proposal is debated on the Senate floor, Senator Isakson will
work for and support any amendment that would require illegals to
have to go home before they may obtain a Z visa.
Are conservatives united in their opposition to this proposal? No.
Conservatives are NOT united in opposing this proposal. Those who
have really looked at what the proposal contains realize that it
includes most of the principles conservatives have been fighting
for.
Is Senator Isakson a co-sponsor of this proposal? No.
· Senator Isakson is not a co-sponsor of this immigration proposal.
Will Senator Isakson vote in support of this immigration proposal?
· Senator Isakson has said he will reserve judgment on supporting the
final bill until the debate is complete.
· He has said that at a minimum the bill must include his
border-security-first triggers prohibiting implementation of a temporary,
probationary work permit program until the Department of Homeland Security
certifies to the President and to the Congress that the border security
provisions in the immigration legislation are fully funded and operational.
· He also has said the bill must prohibit any new pathway to U.S.
citizenship and must require illegal immigrants to return home and get in
the back of the line to apply for citizenship just as everyone must do now.