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August 30, 2007

Resistance to illegal immigration crackdown

The Chamber of Commerce and the AFL-CIO have joined ranks to combat the Bush Administration’s plan to crack down on illegal immigrants. A well researched article does into depth as to what the crackdown could do to cripple some industries.

According to the Washington Post, “The U.S. Chamber of Commerce and the AFL-CIO this week separately assailed a new White House-backed crackdown on illegal immigration, warning of massive disruptions to the economy and headaches for U.S. citizens if the proposal goes ahead as planned in the coming days.”

The Bush administration intends to begin writing to 140,000 employers on Tuesday regarding suspect Social Security numbers used by an estimated 8.7 million workers, as a way of pressuring them to fire illegal immigrants. President Bush disclosed the plan three weeks ago as part of a repackaged, 26-point enforcement program after Congress failed to overhaul U.S. immigration laws this summer.

But leaders of the U.S. Chamber of Commerce and a coalition of trade groups representing the politically influential construction, lodging, farming, meatpacking, restaurant, retail and service industries appealed on Monday to the Department of Homeland Security and the Social Security Administration to postpone the plan's implementation for six months.

Raising the possibility of plant closings, autumn-harvest interruptions and other destabilizing consequences for the U.S. economy, 50 business organization members of the Essential Worker Immigration Coalition signed a letter warning of "uncertainties, disruptions, and dislocations throughout broad swaths of the workforce," as well as discrimination against Hispanic and immigrant workers.

Yesterday, the AFL-CIO, the American Civil Liberties Union, the National Immigration Law Center and local labor groups separately asked a federal judge in San Francisco to stop the mass mailing and kill the plan outright. They alleged that the DHS is overstepping its authority to enforce immigration laws and is misapplying the Social Security system in a way that will unfairly penalize law-abiding workers and employers.

The groups said that inaccurate federal databases could sweep U.S. citizens and legal residents into a bureaucratic morass. The Social Security database used to cull suspicious numbers contains erroneous records on 17.8 million people, including 12.7 million native-born U.S. citizens, the Social Security Administration's inspector general reported last year.

"This rule is a new tool to repress workers' rights in the name of phony immigration enforcement," AFL-CIO President John J. Sweeney said in a statement. The plan "will cause massive discrimination against anyone who looks or sounds 'foreign,' " said Lucas Guttentag, director of the ACLU's Immigrants' Rights Project.

In a statement, Department of Homeland Security spokesman Russ Knocke called the lawsuit "completely without merit, and we intend to fight it vigorously."

Asked about the business coalition's request for a six-month reprieve, Knocke said: "The list of signatures tells you why immigration reform has been hard, and why we often face enforcement challenges. Still, we're going to restore public credibility on enforcement."

The attacks from the left and the right come as Homeland Security Secretary Michael Chertoff warns of "serious" and "unhappy consequences" for the sectors of the U.S. economy that depend on illegal labor, explaining that these are the costs of reestablishing voters' confidence.

Administration officials have blamed the congressional defeat of an immigration overhaul package partly on Washington's failure to back up its tough rhetoric on illegal immigration with action, saying that political hypocrisy particularly undermined support among conservative groups.

"Historically, whenever any administration has tried to enforce the laws that are on the books, they have received push back from stakeholders" and from "the same congressmen who say we need to be tough on immigration," said Deborah W. Meyers, an analyst at the Migration Policy Institute, a nonpartisan think tank in Washington.

Some experts speculated yesterday that the new enforcement effort might have the dual aim of solidifying Bush's standing among an unhappy part of the Republican Party's base and punishing business groups that did not adequately support the immigration overhaul package.

"I don't know if there's the will for it. Maybe it's too little, too late, but they're trying," said one congressional lobbyist, who said the administration appears to be trying to build pressure to revive the overhaul plan in Congress. The lobbyist spoke on the condition of anonymity because of the sensitivity of the subject.

Under the new rules, set to take effect on Sept. 14, employers that receive "no-match" letters have 90 days to resolve discrepancies. If they do not, the DHS may conclude that employers knowingly violated the law by employing illegal workers, opening the door to fines and even criminal arrests.

That approach marks a major change. The Social Security Administration has long sent "no-match" letters, and it has found that 4 to 10 percent of workers have suspect numbers because of typographical errors, name changes resulting from marriage or multiple surnames, as well as fraud. But, until now, it has not held employers liable.

The problem is greater in some industries. Farm groups estimate that 70 to 90 percent of field workers lack proper documents. Raids at meatpacking plants turn up discrepancies in about 30 percent of workers' documents.

Staff writer N.C. Aizenman contributed to this report.


August 27, 2007

Senate roll call vote data S. 2611 5 25 2006

summary of 62 - 36 vote:

Question: On Passage of the Bill (S. 2611 As Amended )
Vote Number: 157 Vote Date: May 25, 2006, 05:39 PM
Required For Majority: 1/2 Vote Result: Bill Passed
Measure Number: S. 2611
Measure Title: A bill to provide for comprehensive immigration reform and for other purposes.
Vote Counts: YEAs 62
NAYs 36
Not Voting 2


for the detailed information by senator:

th Congress - 2nd Session

as compiled through Senate LIS by the Senate Bill Clerk under the direction of the Secretary of the Senate

Vote Summary


Vote Summary By Senator Name By Vote Position By Home State

Alphabetical by Senator Name
Akaka (D-HI), Yea
Alexander (R-TN), Nay
Allard (R-CO), Nay
Allen (R-VA), Nay
Baucus (D-MT), Yea
Bayh (D-IN), Yea
Bennett (R-UT), Yea
Biden (D-DE), Yea
Bingaman (D-NM), Yea
Bond (R-MO), Nay
Boxer (D-CA), Yea
Brownback (R-KS), Yea
Bunning (R-KY), Nay
Burns (R-MT), Nay
Burr (R-NC), Nay
Byrd (D-WV), Nay
Cantwell (D-WA), Yea
Carper (D-DE), Yea
Chafee (R-RI), Yea
Chambliss (R-GA), Nay
Clinton (D-NY), Yea
Coburn (R-OK), Nay
Cochran (R-MS), Nay
Coleman (R-MN), Yea
Collins (R-ME), Yea
Conrad (D-ND), Yea
Cornyn (R-TX), Nay
Craig (R-ID), Yea
Crapo (R-ID), Nay
Dayton (D-MN), Yea
DeMint (R-SC), Nay
DeWine (R-OH), Yea
Dodd (D-CT), Yea
Dole (R-NC), Nay
Domenici (R-NM), Yea
Dorgan (D-ND), Nay
Durbin (D-IL), Yea
Ensign (R-NV), Nay
Enzi (R-WY), Nay
Feingold (D-WI), Yea
Feinstein (D-CA), Yea
Frist (R-TN), Yea
Graham (R-SC), Yea
Grassley (R-IA), Nay
Gregg (R-NH), Yea
Hagel (R-NE), Yea
Harkin (D-IA), Yea
Hatch (R-UT), Nay
Hutchison (R-TX), Nay
Inhofe (R-OK), Nay
Inouye (D-HI), Yea
Isakson (R-GA), Nay
Jeffords (I-VT), Yea
Johnson (D-SD), Yea
Kennedy (D-MA), Yea
Kerry (D-MA), Yea
Kohl (D-WI), Yea
Kyl (R-AZ), Nay
Landrieu (D-LA), Yea
Lautenberg (D-NJ), Yea
Leahy (D-VT), Yea
Levin (D-MI), Yea
Lieberman (D-CT), Yea
Lincoln (D-AR), Yea
Lott (R-MS), Nay
Lugar (R-IN), Yea
Martinez (R-FL), Yea
McCain (R-AZ), Yea
McConnell (R-KY), Yea
Menendez (D-NJ), Yea
Mikulski (D-MD), Yea
Murkowski (R-AK), Yea
Murray (D-WA), Yea
Nelson (D-FL), Yea
Nelson (D-NE), Nay
Obama (D-IL), Yea
Pryor (D-AR), Yea
Reed (D-RI), Yea
Reid (D-NV), Yea
Roberts (R-KS), Nay
Rockefeller (D-WV), Not Voting
Salazar (D-CO), Not Voting
Santorum (R-PA), Nay
Sarbanes (D-MD), Yea
Schumer (D-NY), Yea
Sessions (R-AL), Nay
Shelby (R-AL), Nay
Smith (R-OR), Yea
Snowe (R-ME), Yea
Specter (R-PA), Yea
Stabenow (D-MI), Nay
Stevens (R-AK), Yea
Sununu (R-NH), Nay
Talent (R-MO), Nay
Thomas (R-WY), Nay
Thune (R-SD), Nay
Vitter (R-LA), Nay
Voinovich (R-OH), Yea
Warner (R-VA), Yea
Wyden (D-OR), Yea
Vote Summary By Senator Name By Vote Position By Home State

Grouped By Vote Position
YEAs ---62
Akaka (D-HI)
Baucus (D-MT)
Bayh (D-IN)
Bennett (R-UT)
Biden (D-DE)
Bingaman (D-NM)
Boxer (D-CA)
Brownback (R-KS)
Cantwell (D-WA)
Carper (D-DE)
Chafee (R-RI)
Clinton (D-NY)
Coleman (R-MN)
Collins (R-ME)
Conrad (D-ND)
Craig (R-ID)
Dayton (D-MN)
DeWine (R-OH)
Dodd (D-CT)
Domenici (R-NM)
Durbin (D-IL)
Feingold (D-WI)
Feinstein (D-CA)
Frist (R-TN)
Graham (R-SC)
Gregg (R-NH)
Hagel (R-NE)
Harkin (D-IA)
Inouye (D-HI)
Jeffords (I-VT)
Johnson (D-SD)
Kennedy (D-MA)
Kerry (D-MA)
Kohl (D-WI)
Landrieu (D-LA)
Lautenberg (D-NJ)
Leahy (D-VT)
Levin (D-MI)
Lieberman (D-CT)
Lincoln (D-AR)
Lugar (R-IN)
Martinez (R-FL)
McCain (R-AZ)
McConnell (R-KY)
Menendez (D-NJ)
Mikulski (D-MD)
Murkowski (R-AK)
Murray (D-WA)
Nelson (D-FL)
Obama (D-IL)
Pryor (D-AR)
Reed (D-RI)
Reid (D-NV)
Sarbanes (D-MD)
Schumer (D-NY)
Smith (R-OR)
Snowe (R-ME)
Specter (R-PA)
Stevens (R-AK)
Voinovich (R-OH)
Warner (R-VA)
Wyden (D-OR)
NAYs ---36
Alexander (R-TN)
Allard (R-CO)
Allen (R-VA)
Bond (R-MO)
Bunning (R-KY)
Burns (R-MT)
Burr (R-NC)
Byrd (D-WV)
Chambliss (R-GA)
Coburn (R-OK)
Cochran (R-MS)
Cornyn (R-TX)
Crapo (R-ID)
DeMint (R-SC)
Dole (R-NC)
Dorgan (D-ND)
Ensign (R-NV)
Enzi (R-WY)
Grassley (R-IA)
Hatch (R-UT)
Hutchison (R-TX)
Inhofe (R-OK)
Isakson (R-GA)
Kyl (R-AZ)
Lott (R-MS)
Nelson (D-NE)
Roberts (R-KS)
Santorum (R-PA)
Sessions (R-AL)
Shelby (R-AL)
Stabenow (D-MI)
Sununu (R-NH)
Talent (R-MO)
Thomas (R-WY)
Thune (R-SD)
Vitter (R-LA)
Not Voting - 2
Rockefeller (D-WV)
Salazar (D-CO)

Vote Summary By Senator Name By Vote Position By Home State

Grouped by Home State
Alabama: Sessions (R-AL), Nay Shelby (R-AL), Nay
Alaska: Murkowski (R-AK), Yea Stevens (R-AK), Yea
Arizona: Kyl (R-AZ), Nay McCain (R-AZ), Yea
Arkansas: Lincoln (D-AR), Yea Pryor (D-AR), Yea
California: Boxer (D-CA), Yea Feinstein (D-CA), Yea
Colorado: Allard (R-CO), Nay Salazar (D-CO), Not Voting
Connecticut: Dodd (D-CT), Yea Lieberman (D-CT), Yea
Delaware: Biden (D-DE), Yea Carper (D-DE), Yea
Florida: Martinez (R-FL), Yea Nelson (D-FL), Yea
Georgia: Chambliss (R-GA), Nay Isakson (R-GA), Nay
Hawaii: Akaka (D-HI), Yea Inouye (D-HI), Yea
Idaho: Craig (R-ID), Yea Crapo (R-ID), Nay
Illinois: Durbin (D-IL), Yea Obama (D-IL), Yea
Indiana: Bayh (D-IN), Yea Lugar (R-IN), Yea
Iowa: Grassley (R-IA), Nay Harkin (D-IA), Yea
Kansas: Brownback (R-KS), Yea Roberts (R-KS), Nay
Kentucky: Bunning (R-KY), Nay McConnell (R-KY), Yea
Louisiana: Landrieu (D-LA), Yea Vitter (R-LA), Nay
Maine: Collins (R-ME), Yea Snowe (R-ME), Yea
Maryland: Mikulski (D-MD), Yea Sarbanes (D-MD), Yea
Massachusetts: Kennedy (D-MA), Yea Kerry (D-MA), Yea
Michigan: Levin (D-MI), Yea Stabenow (D-MI), Nay
Minnesota: Coleman (R-MN), Yea Dayton (D-MN), Yea
Mississippi: Cochran (R-MS), Nay Lott (R-MS), Nay
Missouri: Bond (R-MO), Nay Talent (R-MO), Nay
Montana: Baucus (D-MT), Yea Burns (R-MT), Nay
Nebraska: Hagel (R-NE), Yea Nelson (D-NE), Nay
Nevada: Ensign (R-NV), Nay Reid (D-NV), Yea
New Hampshire: Gregg (R-NH), Yea Sununu (R-NH), Nay
New Jersey: Lautenberg (D-NJ), Yea Menendez (D-NJ), Yea
New Mexico: Bingaman (D-NM), Yea Domenici (R-NM), Yea
New York: Clinton (D-NY), Yea Schumer (D-NY), Yea
North Carolina: Burr (R-NC), Nay Dole (R-NC), Nay
North Dakota: Conrad (D-ND), Yea Dorgan (D-ND), Nay
Ohio: DeWine (R-OH), Yea Voinovich (R-OH), Yea
Oklahoma: Coburn (R-OK), Nay Inhofe (R-OK), Nay
Oregon: Smith (R-OR), Yea Wyden (D-OR), Yea
Pennsylvania: Santorum (R-PA), Nay Specter (R-PA), Yea
Rhode Island: Chafee (R-RI), Yea Reed (D-RI), Yea
South Carolina: DeMint (R-SC), Nay Graham (R-SC), Yea
South Dakota: Johnson (D-SD), Yea Thune (R-SD), Nay
Tennessee: Alexander (R-TN), Nay Frist (R-TN), Yea
Texas: Cornyn (R-TX), Nay Hutchison (R-TX), Nay
Utah: Bennett (R-UT), Yea Hatch (R-UT), Nay
Vermont: Jeffords (I-VT), Yea Leahy (D-VT), Yea
Virginia: Allen (R-VA), Nay Warner (R-VA), Yea
Washington: Cantwell (D-WA), Yea Murray (D-WA), Yea
West Virginia: Byrd (D-WV), Nay Rockefeller (D-WV), Not Voting
Wisconsin: Feingold (D-WI), Yea Kohl (D-WI), Yea
Wyoming: Enzi (R-WY), Nay Thomas (R-WY), Nay
Vote Summary By Senator Name By Vote Position By Home State


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Attempt to revive AgJobs portion of Immigration bill

“Feinstein to push guest-worker bill; Senator to assure that farm legislation is a priority in today's Fresno appearance.” – The Fresno Bee, 8 23 07

One of the casualties in the immigration bill fiasco was the “AgJobs’ provision in the bill, crafted to solve a major labor shortage in Californian farms. The Bee reports:

Dubbed AgJobs, the legislation first introduced in September 2003 culminated years of negotiations among farmers and the United Farm Workers. It would offer legal residency, and eventually U.S. citizenship, to 1.5 million illegal immigrants now working in agriculture. It also would streamline an existing guest-worker program.

Step one in the plan for passage calls for farmers and their allies to emphasize anew the dangers of losing an agricultural work force.

One-third or more of U.S. farmworkers are in this country illegally, according to conventional estimates.

'You can't pick peaches or operate a canning plant if you don't have the people,' Cunha said.

An active player in immigration negotiations, Cunha will be watching Feinstein's appearance today at Fresno's Sunnyside Country Club. Recently, Cunha took part in an immigration conference call with White House officials who are maneuvering in their own way.

Step two relies on the latest promise by Senate Majority Leader Harry Reid, D-Nev., that he will help pass an agricultural guest-worker bill this year. With Senate floor time limited, and the legislative calendar running out, a commitment like this becomes essential.

Step three in the AgJobs game plan relies on employer anxiety over a new Bush administration plan for cracking down on companies that hire illegal immigrants. Two weeks ago, the White House announced plans to send out tens of thousands of so-called 'no-match' letters.

These letters will notify employers that an employee's name and Social Security number don't match government records. Potentially, employers could be fined for knowingly hiring illegal immigrants. More than one agricultural lobbyist believes the White House hopes that angry business leaders will now lean on Congress to change the immigration laws.


The full story:

Washington -- Get ready for another ride on the immigration roller coaster.

Today, Democratic Sen. Dianne Feinstein will be assuring a San Joaquin Valley audience that Congress will once more take up a big agricultural guest-worker bill. A top priority for Valley farmers, the bill soon could resurface on Capitol Hill.

'Agriculture is going to push this thing,' Manuel Cunha, president of the Fresno-based Nisei Farmers League, said Wednesday.

The agricultural guest-worker package is getting its second wind two months after comprehensive immigration reform collapsed in the Senate. It still faces very steep odds. However, political optimists can sketch out a scenario for snatching success from seeming defeat.

Dubbed AgJobs, the legislation first introduced in September 2003 culminated years of negotiations among farmers and the United Farm Workers. It would offer legal residency, and eventually U.S. citizenship, to 1.5 million illegal immigrants now working in agriculture. It also would streamline an existing guest-worker program.

Step one in the plan for passage calls for farmers and their allies to emphasize anew the dangers of losing an agricultural work force.

One-third or more of U.S. farmworkers are in this country illegally, according to conventional estimates.

'You can't pick peaches or operate a canning plant if you don't have the people,' Cunha said.

An active player in immigration negotiations, Cunha will be watching Feinstein's appearance today at Fresno's Sunnyside Country Club. Recently, Cunha took part in an immigration conference call with White House officials who are maneuvering in their own way.

Step two relies on the latest promise by Senate Majority Leader Harry Reid, D-Nev., that he will help pass an agricultural guest-worker bill this year. With Senate floor time limited, and the legislative calendar running out, a commitment like this becomes essential.

'I am committed to doing something about AgJobs,' Reid declared in late July, in response to Feinstein's questions. 'I hope we can do something soon.'

Revealing one potential but controversial new tactic, Reid specified he 'will do everything' he can to include the agricultural guest-worker package as part of a larger farm bill. The House already has passed its version of a farm bill, without immigration provisions.

The Senate will take up the issue next.

But with billions of dollars of agricultural subsidies at stake, the farm bill has a political constituency that may be hesitant about getting bogged down in immigration.

'There are some issues that are going to require some major amending before we will be agreeable to bringing that bill up on the farm bill,' Republican Sen. Saxby Chambliss of Georgia cautioned during debate.

If the farm bill doesn't work out as a vehicle, Reid added, he will try to bring up the 109-page agricultural guest-worker bill as a 'freestanding' bill or perhaps attach it to something else.

'There is no industry in the United States that faces the crisis agriculture does right now,' Feinstein declared.

Step three in the AgJobs game plan relies on employer anxiety over a new Bush administration plan for cracking down on companies that hire illegal immigrants. Two weeks ago, the White House announced plans to send out tens of thousands of so-called 'no-match' letters.

These letters will notify employers that an employee's name and Social Security number don't match government records. Potentially, employers could be fined for knowingly hiring illegal immigrants. More than one agricultural lobbyist believes the White House hopes that angry business leaders will now lean on Congress to change the immigration laws.

'I think that's going to increase the motivation,' Cunha said.

Thirty senators currently co-sponsor the AgJobs bill, although Feinstein said she believes she has the 60 votes needed to overcome a potential filibuster. Even so, the House would then have to approve its own version of the bill, which is something that Reps. Jim Costa, D-Fresno, and George Radanovich, R-Mariposa, have urged House Speaker Nancy Pelosi to do.

August 12, 2007

New crack down on illegal workers: what it means.

A new get tough policy is to be launched. In this posting, I am addressing three questions: What is the new program? – it aims to scare and punish a lot of employers. Which employers are affected? A huge number in some industries. What are the motivating politics behind it? The White House decided to give up on immigration reform and check in with the conservatives.

The Washington Post reported the new policy on 8/10:

The federal government today announced a new plan to crack down on illegal immigrants and their employers using existing laws, while also streamlining current guest worker programs.

Under the plan, the government will step up interior enforcement of the nation's immigration laws and strengthen a program aimed at identifying illegal-immigrant workers who use false documents to gain employment. The effort involves bolstering an electronic system to verify eligibility for employment and increasing penalties for employers who deliberately hire illegal workers.

"Obviously there are employers who deliberately violate the law, and we will come down on them like a ton of bricks," Homeland Security Secretary Michael Chertoff said at a news conference to announce the new measures.

Commerce Secretary Carlos M. Gutierrez, appearing alongside Chertoff at the news conference, said the package of administrative reforms would "sharpen the tools we have" against illegal immigration while also helping employers who have legitimate needs for foreign workers. He said the government will overhaul regulations that implement existing guest worker programs for agricultural and other seasonal employees to make the programs more "workable." The administration will also study possible administrative changes to visa programs for highly skilled workers, he said.


Every employer is exposed: Any in which mismatches exceed 0.5% of the workforce. This means in effect that the entire home residential construction, agricultural, landscaping and hospitality industries are under siege, because each of these probably has at least 10% of their workforces are illegal.

The NY Times takes another shot at this:

Employers in low-wage industries were critical but guarded, reluctant to admit openly that they hire illegal immigrants. Randel K. Johnson, a vice president of the United States Chamber of Commerce, said the measures were “one more kick in the pants” for meat-packing, construction and health care companies that employ immigrant workers in unskilled jobs.

Farmers were less shy, saying at least 70 percent of farmworkers are illegal immigrants.
Ms. Torrey, the New York farmer, and other growers expressed their distress to White House and Homeland Security Department officials during a conference call with the National Council of Agricultural Employers, arranged by the administration to explain the new plan. Ms. Torrey warned that dairy cows would die from lack of milking if New York farmers had to fire immigrant dairy workers.

Luawanna Hallstrom, a tomato grower in Oceanside, Calif., who also participated in the conference call, called the measures “a train wreck.”

The politics – David Brooks wrote a column a few days about Mitt Romney’s candidancy. I think that Romney’s focus on conservative ideology in contrast to efficiency and excellence in administration (his business track record) is a clue what the Bush Administration wants from this policy shift from accommodation with the goal of legislative reform to shoring up chances of keeping the White House Republican in 2008.

Brooks writes:

This electorate has changed, even in the past 10 years. As a study by Fabrizio, McLaughlin and Associates demonstrates, Republicans are more conservative than even a decade ago. Seventy-one percent are self-declared conservatives, compared to 55 percent in 1997. Republicans are much older. Forty-one percent of Republicans are over 55, compared to 28 percent a decade ago.

Republicans are also much less economics-oriented. A decade ago, the party had thriving deficit hawk and supply-side factions. Now the thriving groups, as the study indicates, are organized around issues like immigration, terrorism and stem cell research.