Although illegal immigration continues to plague the United States, few
Americans are aware that some patriots in congress have introduced legislation
to address the problem, "The Secure America through Verification and Enforcement
(SAVE) Act" [The act was introduced in 2007 by Representative Heath Shuler,
Democrat from North Carolina] . The legislative effort has languished in the
House under the leadership of speaker Nancy Pelosi and many in the Democrat
Party who choose to take no action to stem the flow into the United States of
what they see as potential Democrat voters.
It’s no secret that the Democrat
Party base is made up of those dependent upon the government and the huge
illegal immigrant population certainly make up a large segment of the
government-dependent community and, thus, likely future Democrats when amnesty
is accomplished. Republicans going along with Democrats on this issue may
foolishly believe their support of Democrat illegal immigrant policies will
attract them to the Republican Party but that is not going to happen. Other
Republicans supporting amnesty and the Democrat failure to protect our borders
may do so in a misguided belief that this is somehow done to be "fair" are
equally in error because these policies are not in the long term best interests
of our country.
The Secure America through Verification and Enforcement
(SAVE) Act of 2007 (H.R. 4088) aims at reducing the presence of illegal
immigrants in the U.S. through increased border enforcement and by bolstering
several existing interior enforcement measures. While the SAVE Act does not
address all of the problems in our immigration system, it tackles a major cause
of illegal immigration—the ease with which illegal aliens obtain employment—by
mandating the use of the E-Verify system. [That this approach succeeds is not
empirical, it is actually working in Arizona and Okalahoma; see "Forget the
carrot and stick approach, just eliminate the carrot" on
www.vincentgioia.com.]
The SAVE Act would increase border enforcement by
adding technology, infrastructure and personnel at the border. It also provides
grants to border towns and counties to assist with enforcement of criminal law.
These objectives are accomplished by revising the alien smuggling and harboring
provisions of INA §274.
The Act increases the use of technology at the
border by:
- Developing and implementing a plan for the use of Department
of Defense equipment at the border (SAVE §102(a));
-Providing border
patrol agents with 2-way satellite communications and GPS positioning (SAVE
§§102(c)&123(b)&(c)), sport utility vehicles (SAVE §103(a)(1)), access
to helicopters and power boats (SAVE §122(b)), portable computers (SAVE
§123(a)), night vision equipment (SAVE §123(d)), body armor (SAVE §124(a)) and
additional weaponry (SAVE §124(b);
- Testing a program utilizing unmanned
aerial vehicles, additional sensors and satellite command and control to oversee
the border (SAVE §104);
- Acquiring other technology to establish a
security perimeter — a virtual fence — along U.S. borders (SAVE §104(e)
-
Targeting the physical infrastructure along the border by authorizing the
construction of additional fencing in urban areas and vehicle barriers (SAVE
§103(a) (4) & (5)); and
- Authorizing the construction or
acquisition of additional detention facilities with a total of 8,000 new beds
(SAVE §304).
In, addition, SAVE raises the number and efficacy of border
agents by:
- Authorizing an increase in border patrol agents by a total
of 8,000 over five years (SAVE §101(a));
- Increasing investigators
dedicated to smuggling activities by 350 (SAVE §101(b)(1));
- Increasing
the budget of the task force used to pinpoint smuggling tunnels by 50%
(SAVE
§101(b)(2)); and
- Encouraging recruitment of former armed services
personnel to work along the border
(SAVE §101(c)).
The act provides
grants to local towns and counties to mitigate the impact of criminal activity
by aliens crossing the border and to assist them in transferring illegal aliens
to law enforcement authorities (SAVE §132).
SAVE significantly amends the
alien smuggling and harboring provisions
currently in force by:
-
Increasing many penalties for violation of the law;
- Adding penalties
of up to 30 years where the smuggler or person harboring the alien either knew
or had reason to know the alien was engaged in terrorist activity; and
-
Removing statutory prohibitions (1) for conspiracy to harbor or smuggle an alien
and (2) for aiding and abetting the harboring or smuggling of an illegal alien
(SAVE §141).
SAVE would also create incentives for illegal aliens to
repatriate to their home countries by reducing employment opportunities and
making participation in the E-Verify electronic employment verification program
mandatory on all employers within 4 years of enactment (SAVE §201).
Under
the Act Federal agencies, federal contractors and employers with more than 250
employees would be required to comply immediately; employers with 100 or more
employees would be required to comply in 2 years; employers with 30 or more
employees would be required to comply within 3 years; and all other employers
would be required to comply within 4 years.
Although employers are not
required by statute to terminate an employee whose employment eligibility cannot
be discerned by E-Verify, but they face a rebuttable presumption that it
knowingly hired an illegal alien and therefore would have the burden of proving
it had not violated the law.
To assist in enforcing the law, employers
would have to inform employees for whom the name and social security numbers
provided to the Social Security Administration do not match the Social Security
Administration’s records that they must correct the no-match within 10 days or
be terminated. (SAVE §202(a)). It would be also be required that any individual
whose social security account number income has been reported by two or more
employers to submit proof to the Social Security Administration that the
individual is the person to whom the social security number was issued and that
he or she worked for those employers.(SAVE §202(b)). Deductions would be
disallowed to employers for wages paid to unauthorized aliens. (SAVE
§211)
Two versions of Rep. Heath Shuler’s SAVE Act were introduced in the
Senate by Senators Mark Pryor and Mary Landrieu, both enlightened Democrats from
Arkansas and Louisiana, respectively, and Republican Senator David Vitter of
Louisiana. The Pryor/Landrieu bill is S. 2368 and Sen. Vitter's bill is S.
2366.
Both the House and Senate versions of SAVE employ the principle of
Attrition Through Enforcement, the premise of which is that living illegally in
the United States will become more difficult and less satisfying over time when
the government enforces all of the laws already on the books. It is also
imperative that the government with the full cooperation of the private sector,
implements certain workplace enforcement measures. The goal is to make it
extremely difficult for unauthorized persons to live and work in the United
States. There is no need for the government to spend billions of their dollars
to round up and deport illegal aliens ; illegal immigrants will arrange their
own transportation to go home if they can no longer earn a living
here.
As I said before, we know Attrition Through Enforcement works
because, in states that have passed tough new laws to penalize employers of and
deny public benefits to illegal aliens, the illegal aliens began to move out of
those states, often before the new laws are even implemented. Almost 200,000
illegal aliens self-deport from the United States every year, but one can expect
many more would leave if our government refused to grant illegal aliens amnesty,
mandated all employers to verify a person’s eligibility to work here, cracked
down on identity fraud and enabled local police to easily transfer illegal
aliens in their custody to Immigration and Customs Enforcement (ICE)
officials.
I believe Attrition Through Enforcement is the true "middle
ground" in the illegal immigration debate. President Bush and the rest of the
open borders contingent constantly tell the American people that there are only
two solutions to our nation's illegal alien crisis – give illegal aliens amnesty
or round them up and deport them. This is a diversionary tactic to draw public
attention away from the most effective solution for the illegal immigration
problem.
All of us should get behind congressional approval of SAVE. This
is not a total solution because it doesn’t address the amnesty and anchor baby’s
issues but it would be a beginning to rationally deal with illegal immigration.
As you can see from the parties of those who introduced the bill in the house
and Senate, this is a bipartisan effort. Please contact your representatives and
senators to call the bills up for action and encourage them to vote for its
approval.