US Immigration Legislative Update May 19, 2008

[Omaha Steve]

http://www.rightsidenews.com/20080520985/border-and-sovereignty/us-immigration-legislative-update-may-19-2008.html

May 19, 2008

Senator Feinstein Adds AgJobs Amnesty to Iraq War Funding Bill
On Thursday, the Senate Appropriations Committee approved four separate immigration amendments to the Iraq War Funding bill. These amendments were a nod to various special interests, including the agribusiness and corporate lobbies, that have been pushing hard since the fall of last year's Bush-Kennedy Amnesty bill for piecemeal legislation to safeguard their sources of cheap labor.

The most ominous amendment adopted in the Senate Appropriations Committee was the "AgJobs" amendment offered by Senators Dianne Feinstein (D-CA) and Larry Craig (R-ID). Similar to legislation offered last year, the Feinstein-Craig amendment (called the Emergency Agricultural Relief Act), grants 5-year amnesty visas to approximately 1.35 million illegal alien agricultural workers, plus their spouses and children, by conferring on them so-called "emergency agricultural worker status" (EAW). To obtain EAW status, aliens must show they were employed for at least 150 days or earned at least $7,000 in the agricultural sector during the 48 months ending December 31, 2007.

The alien worker must then pay a fee of $250 and will receive a biometric identification card. Once the alien obtains the emergency worker status, the alien, plus his spouse and children, "shall be considered to be an alien lawfully admitted for permanent residence" for all non-immigration purposes (See Sec. 102(a)). To maintain EAW status, an alien must work 100 days per year in an agricultural job. The Feinstein-Craig Amendment also expressly prohibits the prosecution of illegal alien applicants for Social Security crimes.

In addition to the 5-year amnesty, the Feinstein-Craig amendment also amends the existing H-2A agricultural guest worker program. These changes include Reducing impediments to employers seeking to import foreign agricultural labor;

* Reducing the administrative and legal oversight exercised by the Department of Labor over H-2A jobs;
* Freezing the wage standard for three years;
* Diminishing labor protections for U.S. and alien workers under the H-2A program;
* Creating an ongoing amnesty program for illegal aliens who qualify as sheepherders, goat herders and dairy workers.
* The Feinstein-Craig Amendment passed on a 17-12 vote. To see how your Senators voted, see voting record at the bottom.

The Senate Appropriations Committee also approved an amendment authored by Senator Barbara Mikulski (D-MD) that reinstates the returning worker exemption to the H-2B (non-agricultural) guest worker program, which expired last year. Under the exemption, an alien who worked in the U.S. during the past three years under the H-2B program, may return to the U.S. to work without counting towards the 66,000 cap. The exemption means an ever growing number of unskilled guest workers may enter the U.S. as H-2B workers. In 2006, for example, there were over 134,000 non-immigrant H-2B worker entries into the U.S., nearly one-third of whom were employed as landscapers and at least one-tenth of whom worked in the resort industry. (U.S. Department of Labor, Office of Foreign Labor Certification, Performance Report: March 28, 2005-September 30, 2006, September 17, 2007).

The Mikulski Amendment passed on a 23-6 vote. To see how your Senators voted, see bottom of update.

The Committee adopted two other amendments aimed at satisfying special interests. One authored by Senator Patty Murray (D-WA) increases the number of employment-based green cards available for multinational executives and "high-tech" workers by "recapturing" approximately 218,000 unused visas from as far back as 1994. Another, authored by Senator Patrick Leahy (D-VT) makes it easier for wealthy investors to obtain green cards by extending the Regional Center Pilot (EB-5) program for 5 more years. Created in 1992, the EB-5 program grants two-year conditional green cards to foreign investors who invest at least $500,000.00 in targeted areas and can demonstrate that at least 10 American jobs were created.

The Iraq War Funding Bill is expected to land on the Senate floor this week. Stay tuned to FAIR for more information…

ICE Conducts Workplace Raid at Iowa Food Processing Plant
On Monday, Immigration and Customs Enforcement (ICE) served search warrants and arrested over 390 individuals at the Agriprocessors meatpacking plant in Postville, Iowa. U.S. Attorney Matt Dummermuth called the raid "the largest operation of its type ever in Iowa," but would not comment about possible charges against plant managers. The raid followed a months-long investigation by ICE and DOJ into Agriprocessors, the largest kosher meat processing facility in the U.S. Most of the illegal aliens arrested were from Mexico and Guatemala, but some were also from Ukraine and Israel. (ICE Press Release, May 12, 2008)

The search warrant affidavit indicated widespread illegal activity was taking place in the plant, including methamphetamine production, employee abuse, and the production of false identities. (The Cedar Rapids Gazette, Search Warrants Detail Reasons for Postville Raid, May 13, 2008) One witness estimated that 80 percent of the foreign born workers in the plant were illegally present in the United States. Other witnesses reported that the plant's Human Resources Manager laughed when it was brought to her attention that three employees all had the same Social Security number. Yet another witness testified that he had observed a floor supervisor duct-tape the eyes of an undocumented Guatemalan worker and hit them with a meat hook. The worker did not want to report the incident in fear that they would lose their job. (Id. May 13, 2008)

After the raid, Agriprocessors released the following statement: "Our company takes the immigration laws seriously. We cooperated with the government in the enforcement action. We intend to continue to cooperate with the government in its investigation. Agriprocessors will also inquire further into the circumstances that led to today's events. We extend our heartfelt sympathies to the families whose lives were disrupted and wish them the best. We are deeply committed to meeting the needs of all of our customers and are operating again today." (The Cedar Rapids Gazette, Agriprocessors media statement, May 13, 2008)

Despite last week's raid, Agriprocessors is no stranger to the issue of illegal immigration. The company is in a long running struggle with the United Food and Commercial Workers Union (UFCW) to keep the union out. The Union claims that Agriproccesors refused to bargain with the UFCW after employees elected to have the union represent them in September of 2005.

The UFCW filed an unfair labor practice complaint with the National Labor Relations Board (NLRB). In its defense to the complaint, Agriprocessors management asserted that the election should be declared null because a majority of the employees who voted in the election were illegal aliens. (347 NLRB No. 107) This argument was rejected both by the NLRB and the U.S. Court of Appeals for the District of Columbia on appeal. (Agri Processor Co. Inc. v. NLRB, 2008 U.S. App. LEXIS 101 (D.C. Cir. 2008))

Washington Post Scrutinizes Health Care Provided to ICE Detainees

FULL story at link.