Monday, October 29, 2007

The SAVE Act: Finally Some Sensible Legislation Vis a Vis Illegal Immigration

Another hat tip goes to Numbers USA for bringing this to my attention. Heath Shuler, of North Carolina, has come up with a bill that may in fact be some sensible legislation to deal with the illegal immigration mess. The SAVE Act (Secure America with Verification and Enforcement) creates a system where employers can easily verify the status of all their employees. Here is how Numbers put it.

SAVE would eventually require every employee in America to go through the E-Verify system. This internet system provides employers with an inexpensive, quick, and accurate way to verify that employees are not illegal aliens. The rules for use are such that no employee or employer suffers if there is a mistake in the system because there is ample time to correct errors on the employee's side and on the government's side.

Here are the nuts and bolts of the loan again according to Numbers.

require during Year 1 that all government agencies, government contractors, plus all businesses with more than 250 employees run all NEW hires through E-Verify.

... require during Year 2 that all businesses with 100 or more employees use E-Verify for new hires.

... require during Year 3 that all businesses with more than 20 employees use E-Verify for new hires.

... during Year 4 add businesses with fewer than 20 employees so that all businesses use E-Verify for new hires.

... also during Year 4 require all businessese to run all their previous hires through E-Verify.

There is a huge potential pitfall that I see with this bill. As my favorite quote goes, "the nine most terrifying words in the English language are 'I'm from the government and I'm here to help''. This looks like the beginning of a massive new bureaucracy and for it to work the government would need to stay streamlined without being bloated. While this is certainly a concern, I also look forward to Shuler explaining the logistics of the system.

On the flipside, almost everyone agrees that without the temptation of jobs illegal immigration dries up. This deals with that temptation head on, and it isn't just some token measure. Shuler's plan at least appears deadly serious.

Currently, Shuler's own website has no information about this bill. That is problematic and besides Numbers USA there are very few resources touting this bill. That is also problematic. This bill has a lot of potential and I believe that with the proper debate it can be turned into one that deals with the problem of illegal immigration correctly without bloating government in an unnecessary way. Please contact your representative here and demand that the SAVE Act get a full and fair debate.


Anonymous said...

I am for requiring employers to verify the legal status of their workforce. If ANY illegals show up on their workforce, I would make it manditory for the CEO be sentenced to 5 years in prison with no special priviages. He/she would be just one of the guys/gals in prison and not like the country club prison like Martha Stewart. I also like a fine of $10,000 per illegal. I am referring to any workers used by the company like dayworkers not just employees. It needs to be an air tight wording where the CEOs cannot weasle out of their crimes.

I would like this program to be administered by an immigration czar in which he/she would ACTUALLY ENFORCE the immigration laws unlike the horrible Bush administration.

I would feel better if Mr. Bush was impeached now and deported to his beloved Mexico.

Anonymous said...

Shuler's web site does have information regarding this bill. Numbers USA has very good information also.

For too long, Congress and the President have looked the other way while our immigration laws were broken. The bottom line is that no law we pass in Washington will be effective until it is enforced. So the SAVE Act increases the investigative abilities of Immigration and Customs Enforcement (ICE) by increasing agents, including an additional 140 Criminal Alien Program officers to pick up those illegal immigrants local law enforcement has apprehended.

Call yr congressman and ask him / her to co-sponsor this bill. Call today.

PS Impeach Jorge Boosh for failing to secure our borders from invading hordes of illegal aliens !

Anonymous said...

This is a wolf in sheeps clothing.

Prepare for a legnthy comment, I apologize in advance.

While the SAVE Act (HR 4088) seems like a legit stab at the illegal alien issue, there are some rather concerning aspects of the act that I would like to point out.

First, on its face is the requirement of a nationalized uniform standarization and database creation containing vital information orginially controlled by and stored by the State. This, like the REAL ID Act of 2005, would require states to upload information only available to federal government agencies through a warrant directly to the Department of Homeland Security as seen in Sec 203 provided at the bottom of this entry.


(a) In consultation with the Secretary of Health and Human Services and the Commissioner of Social Security, the Secretary shall take the following actions:

(1) Work with the States to establish a common data set and common data exchange protocol for electronic birth registration systems and death registration systems.

(2) Coordinate requirements for such systems to align with a national model.

(3) Ensure that fraud prevention is built into the design of electronic vital registration systems in the collection of vital event data, the issuance of birth certificates, and the exchange of data among government agencies.

(4) Ensure that electronic systems for issuing birth certificates, in the form of printed abstracts of birth records or digitized images, employ a common format of the certified copy, so that those requiring such documents can quickly confirm their validity.

(5) Establish uniform field requirements for State birth registries.

(6) Not later than 1 year after the date of the enactment of this Act, establish a process with the Department of Defense that will result in the sharing of data, with the States and the Social Security Administration, regarding deaths of United States military personnel and the birth and death of their dependents.

(7) Not later than 1 year after the date of the enactment of this Act, establish a process with the Department of State to improve registration, notification, and the sharing of data with the States and the Social Security Administration, regarding births and deaths of United States citizens abroad.

(8) Not later than 3 years after the date of establishment of databases provided for under this section, require States to record and retain electronic records of pertinent identification information collected from requestors who are not the registrants.

(9) Not later than 6 months after the date of the enactment of this Act, submit to Congress a report on whether there is a need for Federal laws to address penalties for fraud and misuse of vital records and whether violations are sufficiently enforced.
A little deeper digging revels other upsetting details such as the E-Verify system, which completely excludes the state in matters of employability. Should an error arise in the system, or the system, which is maintained by the DHS, deems you unemployable, then you cannot be hired at any job until the matter is resolved. This plays perfectly on the REAL ID Act legislation, which deems the REAL ID (either nationalized drivers license or current passport) as the only form of verification that it will accept for Part A of the I-9, a temporary pilot program made permanent by the language of the act. Any federal agency or employer of more than 250 people will have to immediate comply, with phasing in taking place over a period of 4 years for other employers. Any non-compliance, even if the person is a Citizen who has refused a REAL ID, will strike the employer with huge penalties up to and including the seizure of all property and assets.


(a) Making Basic Pilot Program Permanent- Section 401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended by adding before the period at the end of the last sentence the following .., except that the basic pilot program described in section 403(a) shall be a permanent program'.

(b) Mandatory Use of E-Verify System-

(1) IN GENERAL- Subject to paragraphs (2) and (3), every person or other entity that hires one or more individuals for employment in the United States shall verify through the E-Verify program, established as the basic pilot program by section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 1324a note), that each such individual is authorized to work in the United States. The Secretary of Homeland Security shall ensure that verification by means of a toll-free telephone line is an available option in complying with the preceding sentence.

(2) SELECT ENTITIES REQUIRED TO USE E-VERIFY PROGRAM IMMEDIATELY- The following entities must satisfy the requirement in paragraph (1) by not later than one year after the date of the enactment of this Act:

(A) FEDERAL AGENCIES- Each department and agency of the Federal Government.

(B) FEDERAL CONTRACTORS- A contractor that--

(i) has entered into a contract with the Federal Government to which section 2(b)(1) of the Service Contract Act of 1965 (41 U.S.C. 351(b)(1)) applies, and any subcontractor under such contract; or

(ii) has entered into a contract exempted from the application of such Act by section 6 of such Act (41 U.S.C. 356), and any subcontractor under such contract; and

(C) LARGE EMPLOYERS- An employer that employs more than 250 individuals in the United States.


(A) 2 YEARS FOR EMPLOYERS OF 100 OR MORE- Entities that employ 100 or more individuals in the United States must satisfy the requirement in paragraph (1) by not later than two years after the date of the enactment of this Act.

(B) 3 YEARS FOR EMPLOYERS WITH 30 OR MORE EMPLOYEES- All entities that employ 30 or more individuals in the United States must satisfy the requirement in paragraph (1) by not later than three years after the date of the enactment of this Act.

(C) 4 YEARS FOR ALL EMPLOYERS- All entities that employ one or more individuals in the United States must satisfy the requirement in paragraph (1) by not later than four years after the date of the enactment of this Act.

(4) VERIFYING EMPLOYMENT AUTHORIZATION OF CURRENT EMPLOYEES- Every person or other entity that employs one or more persons in the United States shall verify through the E-Verify program by not later than four years after the date of the enactment of this Act that each employee is authorized to work in the United States.

(5) DEFENSE- An employer who has complied with the requirements in paragraphs (1) and (4) shall not be liable for hiring an unauthorized alien, if--

(A) such hiring occurred due to an error in the E-Verify program that was unknown to the employer at the time of such hiring; and

(B) the employer terminates the employment of the alien upon being informed of the error.

(6) SANCTIONS FOR NONCOMPLIANCE- The failure of an employer to comply with the requirements in paragraphs (1) or (4) shall--

(A) be treated as a violation of section 274A(a)(1)(B) with respect to each offense; and

(B) create a rebuttable presumption that the employer has violated section 274A(a)(1)(A).

(7) VOLUNTARY PARTICIPATION OF EMPLOYERS NOT IMMEDIATELY SUBJECT TO REQUIREMENT- Nothing in this subsection shall be construed as preventing a person or other entity that is not immediately subject to the requirement of paragraph (1) pursuant to paragraph (2) or (3) from voluntarily using the E-Verify program to verify the employment authorization of new hires or current employees.

(8) STATE INTERFERENCE- No State may prohibit a person or other entity from using the E-verify program to verify the employment authorization of new hires or current employees.
As found in certain declassified papers and information of REX-84, a study and establishment of detainee camps across the United States controlled by FEMA, an additional 8000 beds and additional family facilities are to be contracted, appropriately funded, and constructed throughout the United States for the indefinate dentention of those deemed illegal aliens or unlawful enemy combatants. In otherwords...think Guantanamo...only in Minnesota and other states.


(a) In General- The Secretary of Homeland Security shall make arrangements for the availability of 8,000 additional beds for detaining aliens taken into custody by immigration officials.

(b) Implementation- Efforts shall be made to--

(1) contract private facilities whenever possible to promote efficient use and to limit the Federal Government's maintenance of and liability for additional infrastructure;

(2) utilize State and local facilities for the provision of additional beds; and

(3) utilize BRAC facilities or active duty facilities.

(c) Construction- The Department of Homeland Security shall construct facilities as necessary to meet the remainder of the 8,000 new beds to be provided.

(d) Family Detention Facility- To further meet the special needs of detained families, the Department of Homeland Security shall retain or construct a family detention facility, similar to the T. Don Hutto Family Residential Facility, offering no less than 500 beds.

(e) Responsibilities- The Secretary of Homeland Security shall be responsible for providing humane conditions, health care and nutrition, psychological services, and education for minors.

(f) Authorization- All funds necessary to accomplish the directives within this section are authorized to be appropriated
This bill plays off the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996; an act with language so vague, if a person is born abroad of American Citizen parents they may be deported.

The SAVE Act also will train and basically make into federal agents a minimum of 250 state and local law enforcement officers per state with management and oversight of ethics and direction coming from ICE and CBP, which are agencies of the Department of Homeland Security, as well as increase federal enforcement agents within the borders of the United States for law enforcement. While I do support local and state law enforcement the ability and power to arrest illegal aliens, I do NOT support the oversight of federal entities in local and state law enforcement duties. This is a dangerous mixing of power and law enforcement that should remain seperate.


(b) Criminal Alien Program (CAP)- An additional 140 CAP officers are authorized to identify and remove criminal aliens encountered in Federal, State, and local detention facilities.

(c) State and Local Law Enforcement Support- The Secretary of Homeland Security shall take necessary steps to allow for the training of a minimum of 250 State and local law enforcement officers in Federal immigration law enforcement procedure. This would be an expansion of an already active and successful program.


To ensure the ability of Immigration and Customs Enforcement (ICE) and Customs and Border Patrol (CBP) to enforce integrity and ethical behavior throughout their expanded ranks, an increase of 5 in the number of Special Agents in the Office of Professional Responsibility.
This is very much the same scenerio that is played out in such operations as Cable Splice and REX-84 and a very frightening scenerio at that.

Finally, this bill authorizes the testing and use of military surveillance systems and aircraft WITHIN THE BORDERS OF THE UNITED STATES!


(a) Unmanned Aerial Vehicle Pilot Program- During the 1-year period beginning on the date on which the report is submitted under section 102(b), the Secretary shall conduct a pilot program to test unmanned aerial vehicles for border surveillance along the international border between Canada and the United States.

(b) Unmanned Aerial Vehicles and Associated Infrastructure- The Secretary shall acquire and maintain unmanned aerial vehicles and related equipment for use to patrol the international borders of the United States, including equipment such as--

(1) additional sensors;

(2) satellite command and control; and

(3) other necessary equipment for operational support.

(c) Authorization of Appropriations-

(1) IN GENERAL- There are authorized to be appropriated to the Secretary for each of the fiscal years 2008 and 2009 such sums as may be necessary to carry out subsection (b).

(2) AVAILABILITY OF FUNDS- Amounts appropriated pursuant to the authorization of appropriations in paragraph (1) are authorized to remain available until expended.

(d) Aerial Surveillance Program-

(1) IN GENERAL- In conjunction with the border surveillance plan developed under section 5201 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1701 note), the Secretary, not later than 90 days after the date of enactment of this Act, shall develop and implement a program to fully integrate and utilize aerial surveillance technologies, including unmanned aerial vehicles, to enhance the security of the international border between the United States and Canada and the international border between the United States and Mexico. The goal of the program shall be to ensure continuous monitoring of each mile of each border.

(2) ASSESSMENT AND CONSULTATION REQUIREMENTS- In developing the program under this subsection, the Secretary shall--

(A) consider current and proposed aerial surveillance technologies;

(B) assess the feasibility and advisability of utilizing such technologies to address border threats, including an assessment of the technologies considered best suited to address respective threats;

(C) consult with the Secretary of Defense regarding any technologies or equipment, which the Secretary may deploy along an international border of the United States; and

(D) consult with the Administrator of the Federal Aviation Administration regarding safety, airspace coordination and regulation, and any other issues necessary for implementation of the program.

(3) AUTHORIZATION OF APPROPRIATIONS- The necessary funds are authorized to be appropriated to carry out this subsection.

(e) Integrated and Automated Surveillance Program-

(1) REQUIREMENT FOR PROGRAM- Subject to the availability of appropriations, the Secretary shall establish a program to procure additional unmanned aerial vehicles, drones, cameras, poles, sensors, satellites, radar coverage, and other technologies necessary to achieve operational control of the international borders of the United States and to establish a security perimeter known as a ..virtual fence' along such international borders to provide a barrier to illegal immigration.

(2) PROGRAM COMPONENTS- The Secretary shall ensure, to the maximum extent feasible, that--

(A) the technologies utilized in the Integrated and Automated Surveillance Program are integrated and function cohesively in an automated fashion, including the integration of motion sensor alerts and cameras in a manner where a sensor alert automatically activates a corresponding camera to pan and tilt in the direction of the triggered sensor;

(B) cameras utilized in the program do not have to be manually operated;

(C) such camera views and positions are not fixed;

(D) surveillance video taken by such cameras is able to be viewed at multiple designated communications centers;

(E) a standard process is used to collect and record, catalog, and report intrusion and response data collected under the Program;

(F) future remote surveillance technology investments and upgrades for the program can be integrated with existing systems;

(G) performance measures are developed and applied that can evaluate whether the program is providing desired results and increasing response effectiveness in monitoring and detecting illegal intrusions along the international borders of the United States;

(H) plans are developed under the program to streamline site selection and site validation processes to minimize delays of installing surveillance technology infrastructure;

(I) standards are developed under the program to expand the shared use of existing private and governmental structures to install remote surveillance technology infrastructure where possible;

(J) standards are developed under the program to identify and deploy the use of nonpermanent or mobile surveillance platforms that will increase the Secretary's mobility and ability to identify illegal border intrusions; and

(K) Border Patrol agents respond to each reported intrusion that appears to involve aliens or smugglers.
This bill is being pushed hard and has almost 100 bi-partisan co-sponsors. THIS BILL MUST BE KILLED IMMEDIATELY!!

mike volpe said...

I don't mind the long comment, and I certainly think it adds to the piece that the bill is laid out, however just regurgitating the bill isn't proof that it is a bad bill. You don't like the bill however you don't say why. If you think that regurgitating it is proof then you need a refresher course in debate.

I share concerns with the bill and in all my pieces I lay those out. You lay out the bill and expect people to find your concern within it. That doesn't work for me.

Based on what you wrote, my concerns remain the same, however I still see the bill as having plenty of potential.

You make one comment about the potential of mistakes. Like I said, I have serious concerns about how this bureaucracy will work, however I don't dismiss the bill out of hand because it will have a new bureaucracy. I have a heavy dose of skepticism as a result.

You need to be more clear in my opinion.