Letter to Diane Feinstein

Senator Feinstein,

My local news broadcast made mention of the fact that President Bush is going to meet with members of the Senate to try and revive S. 1348. It appears that the President is going to try and persuade, (bully) some Republican Senators into changing their votes to allow this bill to pass cloture and go on to a final vote.

I am past anger at the arrogance of the President and those members of the United States Senate, who behind closed doors came up with this travesty of a bill that the Senate tried to force feed the American people, saying it would solve all our immigration problems.

If I recall correctly, we were fed the same lies back in 1986. How goes the old saying, "fool me once, shame on you, fool me twice...". I am not fooled by the Kyl/Kennedy bill. Since I have been unable to successfully contact your office by phone, I imagine that many of your constituents are not fooled as well.

We, the people of these United States are tired of our voices being ignored and disregarded by our elected representatives. By virtue of the fact that we voted for you, (although sometimes I wonder why), you are obliged to listen to us, or have your forgotten that fact? The majority of the legal citizens in this country do not want any new immigration laws passed. We are tired of laws being written, then not enforced.

Groups such as the Coalition for Comprehensive Immigration Reform have more say in the U.S. Senate than the American People and we are not going to sit back and remain silent any longer.

You took an oath of office which states, “I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter”.

Article VI of the Constitution, which you swore to uphold states, “This Constitution, and the laws of the United States which shall be made in pursuance thereof;...shall be the supreme law of the land.”

With that being said, allow me to make a suggestion. I would recommend that you forget about trying to revive S. 1348 and try a unique concept, enforce our existing immigration laws. We have all the laws and guest worker programs we need to solve our problem with illegal immigration, IF THEY WOULD JUST BE ENFORCED!

S. 1348 would grant a special Z visa to almost every single illegal alien in this country. Even gang members would only have to renounce their gang membership to obtain this visa. How ludicrous! Of course they would renounce it for legalization, but would they mean it?

According to Title 8 U.S. Code Section 1182, Inadmissible Aliens:

(a) Classes of aliens ineligible for visas or admission
Except as otherwise provided in this chapter, aliens who are
inadmissible under the following paragraphs are ineligible to
receive visas and ineligible to be admitted to the United States:

(2) Criminal and related grounds
(A) Conviction of certain crimes
(i) In general
Except as provided in clause (ii), any alien convicted of,
or who admits having committed, or who admits committing acts
which constitute the essential elements of -
(I) a crime involving moral turpitude (other than a
purely political offense) or an attempt or conspiracy to
commit such a crime, or
(II) a violation of (or a conspiracy or attempt to violate) any
law or regulation of a State, the United States, or a foreign
country relating to a controlled
substance (as defined in section 802 of title 21), is
inadmissible.

According to that title of the U.S. Code, any illegal alien is inadmissible to the United States due to the fact that they have entered this country illegally, or overstayed their visa. They are not entitled to stay! You are sworn to uphold this law. Shall I continue?

I tried to read through the text of S. 1348 as best I could and I could not find any mention of physical screening of the estimated 12-20 million illegal aliens prior to their receiving this Z visa.

According to 8 U.S. Code Section 1222, Detention of aliens for physical and mental examination:

(a) Detention of aliens
For the purpose of determining whether aliens (including alien
crewmen) arriving at ports of the United States belong to any of
the classes inadmissible under this chapter, by reason of being
afflicted with any of the diseases or mental or physical defects or
disabilities set forth in section 1182(a) of this title, or
whenever the Attorney General has received information showing that
any aliens are coming from a country or have embarked at a place
where any of such diseases are prevalent or epidemic, such aliens
shall be detained by the Attorney General for a sufficient time to
enable the immigration officers and medical officers to subject
such aliens to observation and an examination sufficient to
determine whether or not they belong to inadmissible classes.

The aforementioned Section 1182(a) states:

(a) Classes of aliens ineligible for visas or admission
Except as otherwise provided in this chapter, aliens who are
inadmissible under the following paragraphs are ineligible to
receive visas and ineligible to be admitted to the United States:

(1) Health-related grounds
(A) In general
Any alien -
(i) who is determined (in accordance with regulations
prescribed by the Secretary of Health and Human Services) to
have a communicable disease of public health significance,
which shall include infection with the etiologic agent for
acquired immune deficiency syndrome,
(ii) except as provided in subparagraph (C), who seeks
admission as an immigrant, or who seeks adjustment of status
to the status of an alien lawfully admitted for permanent
residence, and who has failed to present documentation of
having received vaccination against vaccine-preventable
diseases, which shall include at least the following
diseases: mumps, measles, rubella, polio, tetanus and
diphtheria toxoids, pertussis, influenza type B and hepatitis
B, and any other vaccinations against vaccine-preventable
diseases recommended by the Advisory Committee for
Immunization Practices,
(iii) who is determined (in accordance with regulations
prescribed by the Secretary of Health and Human Services in
consultation with the Attorney General) -
(I) to have a physical or mental disorder and behavior
associated with the disorder that may pose, or has posed, a
threat to the property, safety, or welfare of the alien or
others, or
(II) to have had a physical or mental disorder and a
history of behavior associated with the disorder, which
behavior has posed a threat to the property, safety, or
welfare of the alien or others and which behavior is likely
to recur or to lead to other harmful behavior, or
(iv) who is determined (in accordance with regulations
prescribed by the Secretary of Health and Human Services) to
be a drug abuser or addict,
is inadmissible.

Next I would like to mention 8 U.S. Code, Section 1324 in regards to those who have provided sanctuary for illegal aliens, to include they mayors of every city who has passed ordinances stating that their cities are sanctuary cities, and the churches that provide sanctuary for known illegal aliens. They should be tried and convicted for violation of U.S. law.

Sec. 1324. Bringing in and harboring certain aliens

(a) Criminal penalties
(1)(A) Any person who -
(i) knowing that a person is an alien, brings to or attempts to
bring to the United States in any manner whatsoever such person
at a place other than a designated port of entry or place other
than as designated by the Commissioner, regardless of whether
such alien has received prior official authorization to come to,
enter, or reside in the United States and regardless of any
future official action which may be taken with respect to such
alien;
(ii) knowing or in reckless disregard of the fact that an alien
has come to, entered, or remains in the United States in
violation of law, transports, or moves or attempts to transport
or move such alien within the United States by means of
transportation or otherwise, in furtherance of such violation of
law;
(iii) knowing or in reckless disregard of the fact that an
alien has come to, entered, or remains in the United States in
violation of law, conceals, harbors, or shields from detection,
or attempts to conceal, harbor, or shield from detection, such
alien in any place, including any building or any means of
transportation;
(iv) encourages or induces an alien to come to, enter, or
reside in the United States, knowing or in reckless disregard of
the fact that such coming to, entry, or residence is or will be
in violation of law; or
(v)(I) engages in any conspiracy to commit any of the preceding
acts, or
(II) aids or abets the commission of any of the preceding acts,
shall be punished as provided in subparagraph (B).
(B) A person who violates subparagraph (A) shall, for each alien
in respect to whom such a violation occurs -
(i) in the case of a violation of subparagraph (A)(i) or (v)(I)
or in the case of a violation of subparagraph (A)(ii), (iii), or
(iv) in which the offense was done for the purpose of commercial
advantage or private financial gain, be fined under title 18,
imprisoned not more than 10 years, or both;
(ii) in the case of a violation of subparagraph (A)(ii), (iii),
(iv), or (v)(II), be fined under title 18, imprisoned not more
than 5 years, or both;
(iii) in the case of a violation of subparagraph (A)(i), (ii),
(iii), (iv), or (v) during and in relation to which the person
causes serious bodily injury (as defined in section 1365 of title
18) to, or places in jeopardy the life of, any person, be fined
under title 18, imprisoned not more than 20 years, or both; and
(iv) in the case of a violation of subparagraph (A)(i), (ii),
(iii), (iv), or (v) resulting in the death of any person, be
punished by death or imprisoned for any term of years or for
life, fined under title 18, or both.

So, at the minimum, the members of the clergy who provide sanctuary for illegal aliens would be facing jail time of 5 years. The mayors of the cities who provide sanctuary for illegal aliens, including those gang members, who through their activities cause the death of another person, could be facing the death penalty according to section (B) (iv).

8 U.S. Code section 1252c, Authorizing State and local law enforcement officials to arrest and detain certain illegal aliens, states:

(a) In general
Notwithstanding any other provision of law, to the extent
permitted by relevant State and local law, State and local law
enforcement officials are authorized to arrest and detain an
individual who -
(1) is an alien illegally present in the United States; and
(2) has previously been convicted of a felony in the United
States and deported or left the United States after such
conviction,
but only after the State or local law enforcement officials obtain
appropriate confirmation from the Immigration and Naturalization
Service of the status of such individual and only for such period
of time as may be required for the Service to take the individual
into Federal custody for purposes of deporting or removing the
alien from the United States.
(b) Cooperation
The Attorney General shall cooperate with the States to assure
that information in the control of the Attorney General, including
information in the National Crime Information Center, that would
assist State and local law enforcement officials in carrying out
duties under subsection (a) of this section is made available to
such officials.

These sanctuary policies are against these two sections of U.S. Code. My question is this, why haven’t you, and/or the Attorney General of the United States upheld these EXISTING laws?

I would also like to cover the misconception that we need a guest worker program. As previously stated, we already have an estimated 12-20 million illegal aliens inside the United States at this time. I would venture to say it is closer to 30-40 million as there is no effective means of counting them.

With those kinds of numbers, why do we need more workers? Aren’t there enough already? We already have a guest worker program with the H2A visas. I have friends who have told me that without migrant workers their fruit would not get picked. I can accept that fact and would allow for workers to come to our country and do that type work. However, when they take jobs that used to be held by American workers at meat packing facilities, construction, and landscaping jobs, that is where I draw the line. The employers of these workers are only concerned with increasing their profits, not the welfare of the American workers.

Our existing law already provides for a guest worker program. It is found in 8 U.S. Code, Section 1188.

Admission of temporary H-2A workers

(a) Conditions for approval of H-2A petitions
(1) A petition to import an alien as an H-2A worker (as defined
in subsection (i)(2) of this section) may not be approved by the
Attorney General unless the petitioner has applied to the Secretary
of Labor for a certification that -
(A) there are not sufficient workers who are able, willing, and
qualified, and who will be available at the time and place
needed, to perform the labor or services involved in the
petition, and
(B) the employment of the alien in such labor or services will
not adversely affect the wages and working conditions of workers
in the United States similarly employed.

The Secretary of Labor may not issue a certification under
subsection (a) of this section with respect to an employer if the
conditions described in that subsection are not met or if any of
the following conditions are met:

(3) The employer has not provided the Secretary with
satisfactory assurances that if the employment for which the
certification is sought is not covered by State workers'
compensation law, the employer will provide, at no cost to the
worker, insurance covering injury and disease arising out of and
in the course of the worker's employment which will provide
benefits at least equal to those provided under the State
workers' compensation law for comparable employment.

(4) The Secretary determines that the employer has not made
positive recruitment efforts within a multi-state region of
traditional or expected labor supply where the Secretary finds
that there are a significant number of qualified United States
workers who, if recruited, would be willing to make themselves
available for work at the time and place needed. Positive
recruitment under this paragraph is in addition to, and shall be
conducted within the same time period as, the circulation through
the interstate employment service system of the employer's job
offer. The obligation to engage in positive recruitment under
this paragraph shall terminate on the date the H-2A workers
depart for the employer's place of employment.

Finally, S. 1348 would put into place employer sanctions for the hiring of illegal aliens. 8 U.S. Code, Section 1324a covers this area in great detail, it states:

Unlawful employment of aliens

(a) Making employment of unauthorized aliens unlawful
(1) In general
It is unlawful for a person or other entity -
(A) to hire, or to recruit or refer for a fee, for employment
in the United States an alien knowing the alien is an
unauthorized alien (as defined in subsection (h)(3) of this
section) with respect to such employment, or
(B)(i) to hire for employment in the United States an
individual without complying with the requirements of
subsection (b) of this section or (ii) if the person or entity
is an agricultural association, agricultural employer, or farm
labor contractor (as defined in section 1802 of title 29), to
hire, or to recruit or refer for a fee, for employment in the
United States an individual without complying with the
requirements of subsection (b) of this section.
(2) Continuing employment
It is unlawful for a person or other entity, after hiring an
alien for employment in accordance with paragraph (1), to
continue to employ the alien in the United States knowing the
alien is (or has become) an unauthorized alien with respect to
such employment.
(3) Defense
A person or entity that establishes that it has complied in
good faith with the requirements of subsection (b) of this
section with respect to the hiring, recruiting, or referral for
employment of an alien in the United States has established an
affirmative defense that the person or entity has not violated
paragraph (1)(A) with respect to such hiring, recruiting, or
referral.

It may be argued that S. 1348 had improved methods of ensuring that those working here were authorized to do so, but in 8 U.S. Code, Section 1324a subsection 6(C) (c) it states:

(c)No authorization of national identification cards
Nothing in this section shall be construed to authorize, directly
or indirectly, the issuance or use of national identification cards
or the establishment of a national identification card.
(d) Evaluation and changes in employment verification system
(1) Presidential monitoring and improvements in system
(A) Monitoring
The President shall provide for the monitoring and evaluation
of the degree to which the employment verification system
established under subsection (b) of this section provides a
secure system to determine employment eligibility in the United
States and shall examine the suitability of existing Federal
and State identification systems for use for this purpose.
(B) Improvements to establish secure system
To the extent that the system established under subsection
(b) of this section is found not to be a secure system to
determine employment eligibility in the United States, the
President shall, subject to paragraph (3) and taking into
account the results of any demonstration projects conducted
under paragraph (4), implement such changes in (including
additions to) the requirements of subsection (b) of this
section as may be necessary to establish a secure system to
determine employment eligibility in the United States. Such
changes in the system may be implemented only if the changes
conform to the requirements of paragraph (2).
(2) Restrictions on changes in system
Any change the President proposes to implement under paragraph
(1) in the verification system must be designed in a manner so
the verification system, as so changed, meets the following
requirements:
(A) Reliable determination of identity
The system must be capable of reliably determining whether -
(i) a person with the identity claimed by an employee or
prospective employee is eligible to work, and
(ii) the employee or prospective employee is claiming the
identity of another individual.

The fines for violating this section of our law are as follows,
(f) Criminal penalties and injunctions for pattern or practice
violations

(1) Criminal penalty
Any person or entity which engages in a pattern or practice of
violations of subsection (a)(1)(A) or (a)(2) of this section
shall be fined not more than $3,000 for each unauthorized alien
with respect to whom such a violation occurs, imprisoned for not
more than six months for the entire pattern or practice, or both,
notwithstanding the provisions of any other Federal law relating
to fine levels.

So again, I ask you, as an elected representative of the lawful citizens of the United States, who has taken an oath to uphold the Constitution, which states that all laws passed under it shall be the supreme law of the land, why haven’t you enforced these existing laws? Why must we, the American people be made to suffer the consequences of granting 12-20 million illegal aliens a pathway to that most precious gift, citizenship?

If you can explain to me why these laws were never enforced and convince me why we should trust you this time, I might reconsider my opposition to any new immigration reform. Until then I will fight this to my last breath.