[Congressional Record Volume 140, Number 29 (Wednesday, March 16, 1994)]
[Extensions of Remarks]
[Page E]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: March 16, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                        THE LAND OF OPPORTUNITY

                                 ______


                         HON. CHARLES H. TAYLOR

                           of north carolina

                    in the house of representatives

                       Wednesday, March 16, 1994

  Mr. TAYLOR of North Carolina. Mr. Speaker, I rise today to address a 
problem of great importance to the people of this Nation. Increasingly, 
the world perceives the United States as a community chest of Federal 
benefits available for the taking instead of a land where success is 
achieved through hard work and perseverance. The liberal Federal 
entitlement policies of the past several decades directly caused this 
unfortunate view of America, and this body alone holds the ability to 
correct the misconception. Our country continues to grow and improve 
because of the diversity of cultures brought to it by a constant flow 
of immigrants. If we shut our borders completely, American culture 
would stagnate and eventually deteriorate. Unregulated immigration, on 
the other hand, creates a burden that even the strongest economies 
cannot support. We, therefore, must rethink our immigration policies to 
ensure that the perception of America as the ``Land of Opportunity'' 
means the opportunity for success through hard work and personal 
responsibility. To that end, I am introducing the Immigration Reform 
Act of 1994 and its companion amendment to the Constitution.
  These bills attack our immigration problem in four ways. First, the 
Immigration Reform Act lifts the incredible burden criminal aliens 
place on our State and Federal criminal justice systems. On the Federal 
level alone, over 27 percent of inmates in prison are classified as 
``non-citizens.'' To feed, shelter, and clothe these convicts, it costs 
the American taxpayer over half a billion dollars a year. An abundance 
of legislation already exists that would provide for expedited 
deportation hearings in these cases. The Immigration Reform Act, 
however, mandates that immediately upon conviction of a felony, a 
criminal alien must be deported as part of his or her sentence. Since 
no court decision explicitly requires an administrative deportation 
hearing, the due process requirements can be satisfied by affording the 
alien an opportunity during trial to present evidence and testimony 
that he or she should not be deported. Recently, the 11th Circuit 
Federal Court of Appeals supported this procedure in its decision in 
U.S. versus Chukwura. The court held that a criminal trial 
and subsequent sentencing procedures satisfy the due process 
requirements for deportment. In many cases, however, the alien may 
avoid punishment if returned to his or her country of origin. The 
Attorney General can, in that situation, defer the deportation. 
Moreover, in order to attack this problem on the State level, a State 
attorney general may petition the U.S. Attorney General to deport 
criminal aliens in his or here State prison system. By eliminating the 
burden caused by criminal aliens, we alleviate prison overcrowding and 
save the American taxpayers a considerable sum of money.

  Second, we must discourage the mass exodus of people crossing our 
borders coming to live off the hard work of taxpaying citizens and 
legal immigrants. The Immigration Reform Act removes the incentives for 
aliens attempting to enter or remain in this country illegally by 
prohibiting them from receiving any type of direct Federal financial 
benefits. This legislation cuts off all unemployment benefits to aliens 
without a work permit. It stops all welfare payments and food stamps to 
illegal aliens. It prevents them from benefiting from the Social 
Security trust fund, and it limits federally funded emergency medical 
treatment to 30 days. Tighter border controls help, but until we 
eliminate the financial advantages of illegal immigration, the flood of 
people across our borders will continue unabated.
  Third, we must implement more sensible regulations and procedures for 
those attempting to immigrate to our country. Currently, we provide for 
the exclusion of any immigrant infected with certain contagious 
diseases as determined by the Secretary of Health and Human Services; 
however, the Secretary may change this list at any time. This power 
provides the administration with a political tool rather than a means 
of protecting the American people from disease. The Immigration Reform 
Act prohibits all immigrants known to have gonorrhea, syphilis 
(infectious stage), infectious leprosy, HIV, and active tuberculosis 
from immigrating to the United States. Moreover, the current political 
asylum hearing process opens a wide door for anyone wishing to enter 
the country. Because they are allowed entrance while their hearings are 
pending, political asylum claimants are often in the country for years 
before their asylum hearings are held. This bill seals the door shut by 
requiring the INS to detain candidates until all hearings are complete, 
and it has been determined that they deserve political asylum.
  Lastly, when the States ratified the 14th amendment on July 9, 1869, 
they failed to realize the long-term ramifications of extending 
citizenship to all persons born in the United States. Today, the lure 
of unrestricted citizenship and all the benefits that accompany it 
bring a deluge of illegal immigrants across the border to bear their 
children. Even if the border patrol returns the parents to their home 
country, they know their children will be supported for life through 
the American welfare system. This provision in the 14th amendment 
helped build America in the time of westward expansion and industrial 
growth. Now, however, it is more of a detriment than an advantage--
especially in areas like southern California and Florida. My joint 
resolution, therefore, proposes that we change the 14th amendment to no 
longer extend citizenship to children born in the United States to 
illegal aliens. We are a nation of immigrants; therefore, the extension 
of citizenship to those persons born to legal immigrants in this 
country must be preserved. How can we justify granting the privileges 
of citizenship to those who choose to ignore our laws while piling 
restrictions and red tape on immigrants trying to become citizens 
through the proper channels? A constitutional amendment is not to be 
taken lightly, but in this situation, it provides the best solution to 
an expanding problem.

  Finally, Mr. Speaker, until we completely restructure our perspective 
and our policies on immigration, the world will continue to view 
America as the land of the free ride and the home of the artful dodger. 
By enacting my immigration reform package, this Congress can 
effectively remove the incentives for illegal immigration, rid our 
streets and jails of criminal aliens, and protect our residents from 
harmful or fatal diseases. Moreover, this legislation accomplishes 
these goals without instituting xenophobic measures that would severely 
restrict or eliminate the legal immigration vitally necessary to the 
survival of this country and its unique culture. I sincerely hope that 
my colleagues possess the foresight to realize the importance of these 
proposals and take swift action to restore the proper perception of 
America as the ``Land of Opportunity''.

                          ____________________