[Congressional Record (Bound Edition), Volume 153 (2007), Part 12]
[Senate]
[Pages 16368-16369]
[From the U.S. Government Publishing Office, www.gpo.gov]




                         SUBMITTED RESOLUTIONS

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  SENATE RESOLUTION 239--EXPRESSING THE SENSE OF THE SENATE THAT THE 
ADMINISTRATION SHOULD RIGOROUSLY ENFORCE THE LAWS OF THE UNITED STATES 
TO SUBSTANTIALLY REDUCE ILLEGAL IMMIGRATION AND GREATLY IMPROVE BORDER 
                                SECURITY

  Mr. SESSIONS (for himself, Mr. DeMint, Mrs. Dole, Mr. Grassley, and 
Mr. Vitter) submitted the following resolution; which was referred to 
the Committee on the Judiciary:

                              S. Res. 239

       Whereas the President of the United States has the primary 
     authority to employ Federal Government resources to enforce 
     Federal immigration laws;
       Whereas an estimated 40 percent of the estimated 12,000,000 
     to 20,000,000 illegal immigrants in the United States have 
     overstayed their nonimmigrant visas;
       Whereas the implementation of the United States Visitor and 
     Immigrant Status Indicator Technology (US-VISIT) program 
     would provide the Federal Government with information about 
     whether people who entered the country on a short-term visa 
     return to their countries of origin before such visas expire;
       Whereas the decision of the Department of the Treasury to 
     allow financial institutions to accept the Mexican matricula 
     consular card as valid identification for the purpose of 
     opening bank accounts encourages illegal immigrants to remain 
     in the United States;
       Whereas Federal Bureau of Investigation officials have 
     testified under oath that the matricula consular card ``is 
     not a reliable form of identification, due to the 
     nonexistence of any means of verifying the true identity of 
     the card holder'' and because the card is so vulnerable to 
     fraud and forgery ``there are 2 major criminal threats posed 
     by the cards, and 1 potential terrorist threat.'';
       Whereas the current and previous Administrations have 
     failed to enforce the legally binding affidavits of support 
     signed by sponsors of immigrants;
       Whereas the lack of such enforcement sends a message to 
     immigrants that they can wrongfully take advantage of 
     government benefits paid for by American taxpayers;
       Whereas 98 percent of illegal immigrants arrested along the 
     international border between the United States and Mexico 
     between 2000 and 2005 were released across the border without 
     prosecution, and many of such illegal immigrants were caught 
     and released multiple times;
       Whereas such a catch and return without prosecution policy 
     encourages illegal immigrants to keep trying to enter 
     illegally and creates a revolving door of illegal 
     immigration;
       Whereas the current and previous Administrations have 
     largely ignored laws enacted as part of the Immigration 
     Reform and Control Act of 1986 that impose fines on 
     businesses that employ illegal workers;
       Whereas in 2004, the Administration did not issue any final 
     orders to employers for hiring illegal immigrants;
       Whereas in 2005, the Administration issued only 10 such 
     final orders;
       Whereas not enforcing employer sanctions encourages the 
     hiring of illegal immigrants

[[Page 16369]]

     and the easy availability of jobs acts as a magnet that 
     attracts illegal immigrants;
       Whereas neither the Department of Homeland Security nor the 
     Department of Justice has filed suit to stop any of the 10 
     States that allow colleges and universities to offer in-State 
     tuition rates to illegal immigrants in violation of section 
     505 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996;
       Whereas such a policy unfairly burdens United States 
     citizens because there are fewer places for legal residents 
     in those colleges or universities and out-of-State students 
     pay higher tuition than the tuition charged to illegal 
     immigrants;
       Whereas in some judicial jurisdictions alien smugglers will 
     not be prosecuted by the United States Attorney's Office 
     unless they are caught smuggling at least 12 illegal 
     immigrants;
       Whereas such a policy acts as an incentive for smugglers to 
     continue their trade as long as they do not breach the 
     arbitrary threshold for prosecution;
       Whereas, as of June 2007, there are only 13,500 active 
     border patrol agents, which is 1,306 less than the number 
     Congress required be in place by the end of fiscal year 2007 
     under section 5202 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004;
       Whereas more Border Patrol agents would help ensure 
     effective control of the international border between the 
     United States and Mexico;
       Whereas, as of June 2007, there are only 27,500 detention 
     beds for holding illegal immigrants, which is 15,944 less 
     than the number Congress required be in use by the end of 
     fiscal year 2007 under section 5204 of the Intelligence 
     Reform and Terrorism Prevention Act of 2004;
       Whereas additional detention beds would help ensure that 
     all criminal aliens and individuals apprehended while 
     crossing the border illegally are detained prior to 
     prosecution and deportation;
       Whereas, as of June 2007, there are only 5,571 immigration 
     investigators, which is less than the number Congress 
     required be in place by the end of fiscal year 2007 under 
     section 5203 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004;
       Whereas additional investigators would help ensure that 
     sufficient worksite enforcement is performed to impose 
     employer sanctions on those who hire illegal immigrants;
       Whereas the Secure Fence Act of 2006 requires that more 
     than 700 miles of fencing be built along the international 
     border between the United States and Mexico;
       Whereas as of June 5, 2007, only 87 miles of fencing 
     exists, even though such fencing helps deter illegal border 
     crossing;
       Whereas the Department of Homeland Security may use 
     expedited removal procedures for any illegal immigrants who 
     have not been admitted or paroled into the United States and 
     who have not affirmatively shown that they have been inside 
     the United States for 2 years;
       Whereas the Department of Homeland Security only uses 
     expedited removal procedures for illegal immigrants who are 
     apprehended within 100 miles of the United States border and 
     within 14 days of entry to the Unites States even though 
     wider use of expedited removal would help decrease the number 
     of appeals of removal orders which clog the Federal court 
     system;
       Whereas the current Immigration Violators File in the 
     National Crime Information Center (NCIC) database is being 
     underutilized and could be expanded so that State and local 
     law enforcement could help locate the more than 600,000 alien 
     absconders living in the United States; and
       Whereas the current illegal immigration crisis is a direct 
     result of this and previous Administrations failing to 
     enforce or adequately enforce at least 8 immigration laws 
     passed by Congress and enacted by the current and previous 
     Administrations: Now, therefore, be it
       Resolved, That the Senate believes that--
       (1) the Administration should--
       (A) implement the entry and exit portions of the United 
     States Visitor and Immigrant Status Indicator Technology (US-
     VISIT) as required under the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996;
       (B) reverse the United States Treasury Department decision 
     to allow financial institutions to accept the Mexican 
     matricula consular cards as valid identification for the 
     purpose of opening bank accounts;
       (C) enforce legally binding affidavits of support signed by 
     sponsors of immigrants;
       (D) end the practice of catching illegal immigrants at the 
     border and returning them without prosecution;
       (E) enforce the employer sanctions contained in the 
     Immigration Reform and Control Act of 1986.
       (F) enforce section 505 of the Illegal Immigration Reform 
     and Immigrant Responsibility Act of 1996, which prohibits in-
     State college tuition for illegal immigrants.
       (G) require prosecution of anyone caught smuggling 
     immigrants across the border regardless of how many 
     immigrants are being smuggled.
       (H) increase the number of full time border patrol agents 
     by at least 1,306 by the end of fiscal year 2007, as 
     authorized by the Intelligence Reform and Terrorism 
     Prevention Act of 2004;
       (I) increase the number of detention beds for illegal 
     immigrants by at least 15,944 by the end of fiscal year 2007, 
     as authorized under the Intelligence Reform and Terrorism 
     Prevention Act of 2004;
       (J) increase the number of full time immigration 
     investigators by at least 1,600 by the end of fiscal year 
     2007, as authorized by the Intelligence Reform and Terrorism 
     Prevention Act of 2004;
       (K) comply with the Secure Fence Act of 2006 by building 
     over 700 miles of fencing along the international border 
     between the United States and Mexico;
       (L) increase the use of expedited removal procedures for 
     all illegal immigrants eligible for removal under United 
     States immigration laws; and
       (M) expand the Immigration Violators File in the NCIC 
     database to include information on aliens with final orders 
     of removal, aliens with expired voluntary departure 
     agreements, aliens whom Federal immigration officers have 
     confirmed are unlawfully present, and aliens whose visas have 
     been revoked; and
       (2) taking the steps set forth in paragraph (1)--
       (A) will lead to a substantial reduction in illegal 
     immigration; and
       (B) will greatly improve the border security of the United 
     States.

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