| Usually supports less immigration, less population growth, less foreign labor. |
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Each symbol in the left-hand column below
signifies an action for HIGHER immigration. |
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Each symbol in the right-hand column
below signifies an action for LOWER immigration. |
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Rep. Gallegly is a cosponsor of H.R. 2305, the bipartisan Security and Fairness Enhancement for America (SAFE) Act of 2009. H.R. 2305 would eliminate the visa lottery. This is a program that each year gives another 50,000 green cards to people without any regard to their humanitarian need or to what they might offer the country or to their having any family connections in the United States. It is a program that promotes massive illegal migration by people who think they may some day win the lottery and be allowed to stay in the United States. The bi-partisan U.S. Commission on Immigration Reform under the leadership of the late Barbara Jordan recommended eliminating the visa lottery.
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Rep. Gallegly is a cosponsor of H.R. 1430, the bipartisan Security and Fairness Enhancement for America (SAFE) Act of 2007. H.R. 1430 would eliminate the visa lottery. This is a program that each year gives another 50,000 green cards to people without any regard to their humanitarian need or to what they might offer the country or to their having any family connections in the United States. It is a program that promotes massive illegal migration by people who think they may some day win the lottery and be allowed to stay in the United States. The bi-partisan U.S. Commission on Immigration Reform under the leadership of the late Barbara Jordan recommended eliminating the visa lottery. This legislation was passed by a broad majority of bipartisan Members in the 109th Congress (273 - 148) as an amendment to H.R. 4437.
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Rep. Gallegly voted in favor of the Goodlatte Amendment to H.R. 4437, the Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005. The Goodlatte Amendment would eliminate the visa lottery. This is a program that each year gives another 50,000 green cards to people without any regard to their humanitarian need or to what they might offer the country or to their having any family connections in the United States. It is a program that promotes massive illegal migration by people who think they may some day win the lottery and be allowed to stay in the United States. The bi-partisan U.S. Commission on Immigration Reform under the leadership of the late Barbara Jordan recommended eliminating the visa lottery. The Goodlatte Amendment passed by a vote of 273 to 148.
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Rep. Gallegly is a cosponsor of H.R. 1219, the Security and Fairness Enhancement for America (SAFE) Act of 2005. H.R. 1219 would eliminate the visa lottery. This is a program that each year gives another 50,000 green cards to people without any regard to their humanitarian need or to what they might offer the country or to their having any family connections in the United States. It is a program that promotes massive illegal migration by people who think they may some day win the lottery and be allowed to stay in the United States. The bi-partisan U.S. Commission on Immigration Reform under the leadership of the late Barbara Jordan recommended eliminating the visa lottery.
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Rep. Gallegly voted as part of the House Judiciary Committee in favor of the King Amendment to H.R. 1954, the Armed Forces Naturalization Act of 2003. The King Amendment required that aliens and their families must be in the United States legally in order to get citizenship on the basis of military service. The King Amendment passed the House Judiciary Committee by a vote of 14-8.
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Rep. Gallegly voted as part of the House Judiciary Committee in favor of H.R. 775, the Security and Fairness Enhancement for America Act of 2003, to end the visa lottery. This is a program that each year awards another 50,000 visas to people without any regard to humanitarian need or skill level. An estimated 6 million applications for the visa lottery are filed each year, contributing to the processing backlog. As well, the visa lottery has been tied to terrorism. H.R. 775 was passed by the Judiciary Committee by a vote of 18-8.
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Rep. Gallegly voted as part of the House Subcommittee on Immigration, Border Security, and Claims in favor of H.R. 775, the Security and Fairness Enhancement for America Act of 2003, to end the visa lottery that each year awards another 50,000 visas to people without any regard to humanitarian need or skill level. H.R. 775 was passed by the House Subcommittee on Immigration, Border Security, and Claims by a vote of 5-3.
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Rep. Gallegly cosponsored H.R. 4011, the North Korean Human Rights Act of 2004 that would have increased the number of North Koreans eligible for refugee/asylum status in the United States. Currently, anyone who escapes from North Korea into South Korea automatically gains South Korean citizenship. H.R. 4011 would have essentially disregarded this and qualified North Korean nationals for refugee or asylum status in the United States. H.R. 4011 eventually passed the House of Representatives by voice vote, however the provisions to increase the number of annual refugee admissions were removed before it was voted on by the full House.
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Rep. Gallegly cosponsored H.R. 775, the Security and Fairness Enhancement for America Act of 2003. Introduced by Rep. Goodlatte, H.R. 775 would have eliminated the visa lottery. This is a program that each year gives another 50,000 green cards to people without any regard to their humanitarian need or to what they might offer the country or to their having any family connections in the United States. It is a program that promotes massive illegal migration by people who think they may some day win the lottery and be allowed to stay in the United States.
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Rep. Gallegly voted against the Chrysler-Berman Amendment to H.R.2202. For Americans who want to bring immigration back down toward traditional levels, that vote was the most important one cast since 1990. Total annual immigration had snowballed from less than 300,000 in 1965 to around a million today primarily because of provisions allowing immigrants to send for their adult relatives. Then each of those relatives can send for their and their spouse's adult relatives, creating a never-ending and ever-growing chain. The bi-partisan Barbara Jordan Commission recommended doing away with the adult relative categories (begun only in the 1950s) in order to lessen wage depression among lower-paid American workers. Rep. Gallegly agreed with the Jordan Commission. The House Judiciary Committee responded with H.R.2202 which would have effectively ended chain migration. But the Chrysler-Berman Amendment was introduced on the House floor to strip away the legal immigration reform provisions. The House voted in favor of the amendment, thus endorsing the chain migration which the Census Bureau projects will double the U.S. population again in the next century. Rep. Gallegly voted against that much-more congested future.
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Rep. Gallegly voted as part of the House Judiciary Committee in favor of H.R. 2202, the Immigration in the National Interest Act of 1995. H.R. 2202 was a large omnibus bill designed to reform the entire immigration system. The legal immigration reforms it included were based on the bi-partisan Barbara Jordan Commission's recommendations for cutting the major links of family-chain migration and protecting American workers from further wage depression. The bill would have eliminated the categories for adult children and siblings and limited that for parents of adults. H.R.2202 also included dozens of provisions aimed at reducing illegal immigration, including a 10-year ban on legal re-entry for illegal aliens, additional border patrol agents and equipment, and worksite verification programs. H.R. 2202 was passed by the House Judiciary Committee by a vote of 23-10.
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Rep. Gallegly was an original supporter of H.R. 2202, the Immigration in the National Interest Act of 1995. It was a large omnibus bill designed to reform the entire immigration system. The legal immigration reforms it included were based on the bi-partisan Barbara Jordan Commission's recommendations for cutting the major links of family-chain migration and protecting American workers from further wage depression. The bill would have eliminated the categories for adult children and siblings and limited that for parents of adults. H.R.2202 also included dozens of provisions aimed at reducing illegal immigration, including a 10-year ban on legal re-entry for illegal aliens, additional border patrol agents and equipment, and worksite verification programs.
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Rep. Gallegly was one of 100 cosponsors of H.R. 1915, the Immigration in the National Interest Act. HR 1915, as introduced and passed by the Immigration and Claims Subcommittee of the House Judiciary Committee, would have shifted the primary focus of immigration policy to spouses and minor children from extended family and to skilled immigrants from less skilled ones. It would have set a ceiling of 330,000 on family-based immigration. In addition this bill would have increased the number of skilled workers, while eliminating the unskilled worker category and the lottery program. H.R. 1915 also contained provisions designed to reduce illegal immigration such as worker verification programs. Many of the illegal immigration provisions of this bill were ultimately passed in the form of H.R. 2202 in 1996.
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Rep. Gallegly voted in favor of the Stearns Amendment to H.R. 4437, the Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005. The Stearns Amendment prohibits any alien from being granted legal immigration status of any kind until criminal record databases and terrorist watch lists are checked, and it is confirmed that no fraud has occurred. This amendment would subject each and every individual who seeks any sort of legal immigration status to a criminal background check and a review of terrorist watch lists to ensure that the United States only grants immigration status those who do not wish our citizens harm. The Stearns Amendment passed by a vote of 420 to 0.
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Rep. Gallegly voted for the Smith amendment to H.R.4300 that would have maintained hard caps on most categories of immigration. If Rep. Gallegly?s hand had been the only one on the congressional lever in 1990, over 40% of the increase in immigration caused by the 1990 Act would have been blocked. Because the majority of Congress did not agree with Rep. Gallegly, the actual level today is around one million a year. That contrasts with the traditional American level of only around 250,000 before 1980 and of around 500,000 a year during the 1980s. Rep. Gallegly voted with 143 others for this amendment
which would have placed an absolute annual ceiling of 630,000 on family, worker and lottery immigration. They were defeated 266 to 143.
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Rep. Gallegly voted against the Tancredo Amendment to H.R. 2862, the Science, State, Justice, Commerce (SSJC), and Related Agencies Appropriations Act of 2006. The Tancredo Amendment would have prohibited the use of SSJC funds to include in any bilateral or multilateral trade agreement any provisions that would increase immigration. This effectively would have prevented the U.S. Trade Representative from including immigration increases in Free Trade Agreements (as occured with the Sinagpore and Chile Free Trade Agreements, for instance). The Tancredo Amendment failed by a vote of 106 to 322.
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Rep. Gallegly was a cosponsor of H.R. 98, a bill to amend the Immigration and Nationality Act to enforce restrictions on employment in the United States of illegal aliens through the use of improved Social Security cards and an Employment Eligibility Database. H.R. 98 would have required anyone applying for a job to get a new Social Security card with their photograph and biometric information on it. Employers would be required to verify a job applicant's legal status. Employers who violate the law would be fined $50,000 per instance (an increase of five times over the current fee). In addition, H.R. 98 called for 10,000 new Homeland Security Department investigators to enforce the law. Workplace verification programs are an important component of preventing illegal aliens from taking jobs from those who have the legal right to work in this country, and in removing the job magnet for illegal immigration.
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Rep. Gallegly voted for the Singapore Free Trade Agreement, H.R. 2739. The trade agreement would permit an unlimited number of Singaporeans to enter the U.S. each year as "treaty traders or investors" who are coming to the U.S. to carry on trade between the U.S. and Singapore or to "establish, develop, administer or provide advice or key technical services" to the operations of a business in which they have invested capital. Congress is prohibited from restricting the category with numerical limits, labor certification requirements or other protections for American workers. This category is in addition to the number of Singaporeans who are permitted to come to the U.S. each year under our normal immigration laws. Finally, the agreements also prohibit Congress from placing any numerical limits, labor certification requirements or other protections for American workers on the issuance of L-1 visas to nationals of Singapore. L-1 visas are available to "intra-company transferees," or aliens who have been employed abroad for at least one year in the three years preceding application by a business that has subsidiaries or affiliates in the United States. Such visas have been widely abused by businesses seeking to avoid the restrictions on H-1B visas. The Singapore Free Trade Agreement passed the House by a vote of 272-155.
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Rep. Gallegly voted in favor of the Chile Free Trade Agreement, H.R. 2738. The trade agreement would permit an unlimited number of workers in Chile to enter the U.S. each year as "treaty traders or investors" who are coming to the U.S. to carry on trade between the U.S. and Chile or to "establish, develop, administer or provide advice or key technical services" to the operations of a business in which they have invested capital. Congress is prohibited from restricting the category with numerical limits, labor certification requirements or other protections for American workers. This category is in addition to the number of Chileans who are permitted to come to the U.S. each year under our normal immigration laws. Finally, the agreements also prohibit Congress from placing any numerical limits, labor certification requirements or other protections for American workers on the issuance of L-1 visas to nationals of Chile. L-1 visas are available to "intra-company transferees," or aliens who have been employed abroad for at least one year in the three years preceding application by a business that has subsidiaries or affiliates in the United States. Such visas have been widely abused by businesses seeking to avoid the restrictions on H-1B visas. The Chile Free Trade Agreement passed the House by a vote of 270-156.
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Rep. Gallegly voted as part of the House Judiciary Committee for H.R.4227 in 2000. This legislation would have removed the cap on the number of H-1B visas available for three years PROVIDED THAT the worker protections from the 1998 H-1B bill be implemented.
Although the bill would have allowed an unlimited number of H-1B visa holders into the country, thus increasing overall numbers, the legislation did contain important worker protections and fraud prevention measures. Among these provisions, H.R.4227 would have required that H-1Bs work full time and are paid more than $40,000 a year. It would also have required that employers provide the Labor Department with information about each H-1B visa holder and that information is posted on the Internet. The legislation passed the committee 18-11.
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Rep. Gallegly voted AGAINST the Waters amendment to H.R.4227. This amendment would have required corporations to show some level of hiring and recruitment among Blacks and Hispanics, or the H-1B program would be shut down. The amendment was defeated 12-17.
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The House passed H.R. 3736
by a vote of 288-133. Rep. Gallegly opposed this bill which ultimately increased by nearly 150,000 the number of foreign workers that high-tech American companies could hire over the next three years. Although the foreign workers receive temporary visas for up to six years, most historically have found ways to stay permanently in this country. Rep. Gallegly joined those who argued that the foreign workers were not needed while U.S. firms were laying off tens of thousands of American workers.
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Before the House passed the H-1B doubling bill (H.R.3736), Rep. Gallegly had an opportunity to vote for a Watt Substitute bill that would have forbidden U.S. firms from using temporary foreign workers to replace Americans. Rep. Gallegly opposed that protection. The substitute also would have required U.S. firms to check a box on a form attesting that they had first sought an American worker for the job. Rep. Gallegly voted against that. The protections for American workers fell 33 votes short of passing.
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During consideration of H.R.3736 in Committee, an amendment was presented by Rep. Rogan to strip worker protections from the bill and make the House bill more like the Senate bill. Rep. Gallegly voted with the 24-7 majority AGAINST the Rogan amendment. After the bill passed the committee, then Speaker of the House Newt Gingrich executed a little-used power and on his own stripped out the protections that Rep. Gallegly had voted to preserve. Gingrich then brought H.R.3736 to the House floor for a vote, packing it with language primarily from the Senate bill.
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Rep. Gallegly voted IN FAVOR of the Pombo Amendment to H.R.2202. He was voting for a massive new program that would have allowed agri-business to import up to 250,000 foreign farm workers each year for a period of service of less than a year. A bi-partisan congressional commission working with the Bush Administration (1989-93) had concluded that there were at least 190,000 farm workers already in America who were out of work at any given time. The federal commission said the oversupply of farmworkers was a major reason why farm workers’ real incomes had fallen by almost half over the previous two decades. Rep. Gallegly rejected the recommendations of the commission and took the side of growers who asked for a larger labor supply. The amendment -- which had no provisions for ensuring that the temporary workers did not stay in the U.S. as illegal aliens -- failed by a 180-242 vote.
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Rep. Gallegly was part of a 262-154 majority that brought a foreign nurses guestworker program to an end. He voted AGAINST the Burr Amendment to H.R.2202. Those favoring the amendment said many rural areas had a shortage of nurses and needed the foreign workers. Rep. Gallegly was among those who contended that there are more than enough Americans trained in nursing to do the job if the pay and working conditions are appropriate.
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Rep. Gallegly is a cosponsor of H.R. 1940, The Birthright Citizenship Act of 2007, legislation that would end the process of granting automatic citizenship to the U.S.-born children of illegal aliens. This would put an end to a major source of U.S. population growth and remove an incentive for illegal immigration. It has been, and is currently, U.S. policy to automatically grant U.S. citizenship to the babies born to illegal aliens in the United States -- some 300,000 to 350,000 a year according to a spring 2005 article in the Journal of American Physicians and Surgeons. Not only do these births represent additional U.S. population growth, but because the babies of illegal aliens are U.S. citizens, they can then act as 'anchors' to eventually pull a large number of extended family members into the country legally.
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Rep. Gallegly is a cosponsor of H.R. 133, the Citizenship Reform Act of 2007, legislation that would end the process of granting automatic citizenship to the U.S.-born children of illegal aliens. This would put an end to a major source of U.S. population growth and remove an incentive for illegal immigration. It has been, and is currently, U.S. policy to automatically grant U.S. citizenship to the babies born to illegal aliens in the United States -- some 300,000 to 350,000 a year according to a spring 2005 article in the Journal of American Physicians and Surgeons. Not only do these births represent additional U.S. population growth, but because the babies of illegal aliens are U.S. citizens, they can then act as 'anchors' to eventually pull a large number of extended family members into the country legally.
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Rep. Gallegly voted against the rule to H.R. 3962, the Affordable Health Care for America Act. Despite high publicity about the big loopholes in the bill allowing illegal aliens to participate in many parts of the new federal healthcare plan, the Rules Committee brought a rule to the House floor that blocked a vote on any amendment giving the Members a chance to close the loopholes. NumbersUSA notified the Members of Congress that a vote FOR the "closed" rule would be graded as a vote to provide rewards and incentives for illegal immigration. In particular, the rule prevented the House from considering the Heller, Deal, and Wilson verification amendments to the bill. By opposing the rule, Rep. Gallegly signaled his/her opposition to a health bill that creates rewards or incentives for illegal immigration. The rule passed 242-192 (7 Nov. 09; 1:33 PM).
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Rep. Gallegly is cosponsoring H.R. 3308, the Secure America Through Verification and Enforcement (SAVE) Act of 2009. The bipartisan SAVE Act would help reduce illegal immigration by broadening and enhancing border security and interior enforcement measures. Perhaps the most important aspect of the SAVE Act is its requirement that ALL employers use the E-Verify electronic workplace verification program, an inexpensive, quick, and accurate way to verify the employment eligibility of ALL employees. This would go a long way toward removing the job magnet for illegal immigration. As well, the SAVE Act includes a number of border control provisions. Among the provisions specifically relating to border control are: (1) increasing the number of full-time border patrol agents by 8,000 through 2012; (2) more funding available for the Tunnel Task Force; (3) a student loan repayment program and other incentives to help recruit former members of the Armed Services, National Guard, and other Reserve Components; (4) new and updated border security, surveillance, communication, and apprehension technology; (5) an equipment sharing initiative between the Department of Homeland Security and the Department of Defense, with progress reports made available to Members of Congress; (6) an official national strategy to secure all U.S. borders and ports of entry; (7) and, empowering governors in border states to declare a border emergency and request temporary redeployment of up to 1000 additional Border Patrol Agents.
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Rep. Gallegly supported the King amendment (250) to H.R. 2892, the 2010 DHS appropriations bill. This amendment requires Immigration and Customs Enforcement to remove the lookout posts constructed by drug smugglers, thereby making it more difficult for drug smugglers and reducing illegal immigration associated with illegal drug activity. This amendment passed 240-187-1 (24 June 2009, 9:14 pm).
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Rep. Gallegly supported the King amendment (253) to H.R. 2892, the DHS appropriations bill. The amendment requires all DHS contractors and subcontractors to use the E-Verify system to verify the employment eligibility of their employees. The King Amendment would have essentially implemented an Executive Order signed by President George W. Bush requiring all federal contractors to use E-Verify but the EO has been continually postponed by President Obama. Use of E-Verify is one of the most effective tools of Attrition Through Enforcement and keeping illegal aliens out of U.S. jobs. The amendment passed 349-84 on 24 June 2009 (9:24 pm).
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Rep. Gallegly cosponsored H.R. 132. This bill would have imposed a term of imprisonment and a criminal fine upon an alien who either: (1) fails to leave the United States after securing permission to depart voluntarily; or (2) returns, or attempts to return, to the United States illegally following voluntary departure (current law imposes only civil penalties). Rep. Elton Gallegly (R-Calif.) was the measure’s main sponsor.
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Rep. Gallegly cosponsored H.R. 138, the Employment Eligibility Verification and Anti-Identity Theft Act. This bill would have required workers to resolve discrepancies if their names and Social Security numbers do not match; would have required employers to terminate workers who do not resolve such discrepancies; and would have required the Social Security Administration to notify DHS so it can investigate whether a crime has been committed. Rep. Elton Gallegly (R-Calif.) was the measure’s main sponsor.
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Rep. Gallegly cosponsored H.R. 709, the Total Overhaul of Totalization Agreements Law of 2007. This bill would have prohibited an illegal alien, for purposes of Social Security benefits, from being credited for income earned while he/she is not authorized to work in the United States; would have stipulated that this prohibition was not applicable retroactively, so that all benefits already granted would not have been affected; would have required all Social Security totalization agreements to include provisions requiring the sending country of a naturalized citizen worker or lawful permanent resident worker to submit to the United States any social security taxes paid to that country by the worker or his/her employer if the worker qualifies for benefits undert the agreement, and vice versa for U.S. workers going abroad. Rep. Elton Gallegly (R-Calif.) was the measure’s main sponsor.
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Rep. Gallegly cosponsored H.R. 850, the IRS Illegal Immigrant Information Act of 2007. This bill would have required DHS to furnish the IRS annually with a list of people whose work authorizations or employment-based visas expired before December 31 of the previous calendar year; would have required the IRS to check the list against its records; would have required any tax refund or Earned Income Tax Credit with respect to any match on the list; would have required the IRS to inform DHS and the employer, with an employer being required to terminate a matching employee within 30 days of receiving a notice; would have established a process by which the employee may contest the DHS action, and would have required: (1) the employer to provide DHS with the employee’s substantiating materials within those 30 days; and (2) DHS to notify the IRS, the employer, and the employee within seven business days of receiving the employer’s submissions whether the employee may be employed in the United States; would have established a rebuttable presumption that an employer has violated unlawful employment statutes if the employer: (1) employs an individual with respect to whom a notice is received more than 30 days following receipt of the notice; (2) fails to notify the IRS and continues to employ the employee in question; or (3) refers the employee for employment after receiving a notice with respect to that employee; and would have immunized an employer from civil and criminal liability if actions are taken in good faith with respect to any individual’s eligibility to work in the United States. Rep. Elton Gallegly (R-Calif.) was the measure’s main sponsor.
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Rep. Gallegly cosponsored the LEAVE Act (H.R. 994). This bill contains multiple provisions designed to help federal authorities enforce our immigration laws including mandatory employment verification, assistance by state and local law enforcement, additional ICE agents, and secure identification measures. Click here to read more about this bill. The bill's main sponsor is Rep. Gary Miller.
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Rep. Gallegly voted in favor of bill, HR 6633, to reauthorize the E-Verify program for a period of 5 years. The E-Verify program allows businesses to determine the legal status of new hires and prevents illegal aliens from being hired, thus making the program an important tool in the Attrition through Enforcement anti-illegal immigration strategy. The bill passed by a vote of 407-2 (31 July 2008; 7:44pm).
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Rep. Gallegly vote in favor of an amendment to H.R. 5818, the Neighborhood Stabilization Act of 2008. This amendment would prevent illegal aliens from receiving Housing and Urban Development (HUD) funds pursuant to this act. The amendment passed by a vote of 391-33 (8 May 2008; 11:30 am).
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Rep. Gallegly voted in favor of an amendment to HR 5819 that would prohibit SBIR or STTR awards from going to a small business concern if an unlawful alien has an ownership interest in that concern or in a concern that has interest in the small business. The amendment also prohibits SBIR and STTR awards from going to businesses that have repeatedly hired, recruited, or referred unlawful aliens. The Small Business Innovation Research (SBIR) Program and the Small Business Technology Transfer (STTR) Program ensure that the nation's small, high-tech, innovative businesses are a significant part of the federal government's research and development efforts. The amendment passed by a vote of 406-0, with 3 present.
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Rep. Gallegly voted in favor of a motion to H.R. 5719, the Taxpayer Assistance and Simplification Act. This motion would have recommitted H.R. 5719 with instructions to add language to deny tax exempt interest with respect to bonds of sanctuary states and cities, thereby putting pressure on cities that do not enforce immigration laws and cities who do not cooperate with federal authorities on immigration matters. This motion failed by a vote of 210-210.
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and increase interior enforcement in 2007
Rep. Gallegly is a cosponsor of the Charlie Norwood CLEAR Act of 2007. The Charlie Norwood CLEAR Act of 2007, H.R. 3494, essentially mandates the federal government to pick up every illegal alien apprehended by local authorities, and it would pay local police and sheriff's departments for detaining the illegal aliens. As well H.R. 3494 would require that all aliens who violate immigration law be entered into the National Crime Information Center database, therefore greatly increasing the chances for state and local police to apprehend them; would create a new criminal offense for unlawful presence in the United States; would require DHS to build or acquire 20 more detention facilities in the United States, with a total of at least 10,000 beds, so that more aliens can be detained pending their removal or a decision on their removal; would encourage state and local governments to provide DHS with information on suspected illegal aliens and, subsequently, reimburse them for the costs of doing so; and would, two years following enactment, cut off State Criminal Alien Assistance Program funding (which aids states in incarcerating illegal aliens who commit additional offenses) to any state (or a municipality therein) that has a sanctuary policy in place. This legislation would not only stop the illegal population in the United States from growing above its estimated 10-12 million level but also would begin slowly and steadily reducing the illegal population. Click here to read a summary of the bill.
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Rep. Gallegly voted for the Gingrey amendment to HR 3043, an amendment to prohibit the use of funds by the SSA to administer Social Security benefit payments, under any agreement between the United States and Mexico establishing totalization arrangements between the two countries. The amendment passed 254-168.
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Rep. Gallegly voted in favor of the Forbes amendment to HR 2638, which would prohibit funds pursuant to this bill from being used to extend the "temporary protected status" designation of a country. This amendment failed 123-298.
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Rep. Gallegly voted in favor of the first Tancredo amendment to HR 2638, which would prohibit funding from HR 2638 from being used to fund the visa waiver program. This amendment failed 76-347.
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Rep. Gallegly voted in favor of the Brown-Waite amendment to HR 2638. This amendment re-directs $89 million set to be appropriated to the Undersecretary for Management's account to the Border Security Fencing, Infrastructure, and Technology Account, with a view towards constructing at least 700 miles of fencing along the southern border. The amendment was adopted 241-179.
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Rep. Gallegly voted in favor of the Drake Amendment to H.R. 2638, the appropriations bill for the Department of Homeland Security. The Drake Amendment would fully fund the president's budget request ($26.4 million) for the training and support for the voluntary participation of local law enforcement officers in immigration law enforcement, an important force multiplier in the fight against illegal immigration. This amendment passed 286-127.
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Rep. Gallegly is a cosponsor of H. Res. 499, providing a sense of the House that the Bush Administration should implement statutorily-mandated immigration and border controls and enforce existing Federal immigration law, including, notably: (1) implementation of the entry and exit portions of US-VISIT; (2) enforcement of existing provisions requiring the sanctioning of employers who do not comply with "unlawful employment" laws; (3) compliance with the Secure Fence Act of 2006 through completion of the fencing called for along the U.S.-Mexico border; and (4) increasing the use of expedited removal procedures for all illegal aliens eligible for such removal under Federal law. In addition, it would provide a sense of the House that taking these steps would: (1) result in a considerable decrease in illegal immigration into the United States; and (2) vastly improve U.S. border security.
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Rep. Gallegly is a member of the Congressional Immigration Reform Caucus in the 110th Congress. The Immigration Reform Caucus was established in 1999 to review current immigration policy, propose new immigration policies and provide a forum in Congress for addressing the positive and negative consequences of our immigration policies. The Immigration Reform Caucus agenda for the 110th Congress includes efforts dedicated towards identifying legislative solutions to address the issue of illegal immigration.
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Rep. Gallegly voted in favor of a Motion to Recommit H.R. 800, the Employee Free Choice Act of 2007. The Motion to Recommit, introduced by Rep. McKeon (R-CA), would have recommitted H.R. 800 to the Committee on Education and Labor with instructions to report the legislation back to the House with an amendment that would require that all employees allowed to vote in union elections be citizens or legal residents of the United States. This would have prevented illegal aliens from voting in unionization elections. This would have been an important interior enforcement measure because illegal aliens should not be allowed to have an influence in whether a workforce decides to be unionized or to block unionization. Businesses should not be allowed to use illegal aliens to stop unionization desired by its American workers. And unions should not be allowed to use illegal aliens to force unionization on American workers who don't want it. Although some Representatives voted against the Motion to Recommit because it would have delayed final passage of the bill, a vote in favor of the Motion to Recommit was clearly a vote in favor of interior enforcement and against allowing illegal aliens to vote in union elections. Motion to The Motion to Recommit failed by a vote of 202-225.
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Rep. Gallegly is a cosponsor of H.R. 416, the Fairness in Higher Education Act of 2007. H.R. 416 would prohibit institutions of higher education located in states that provide in-state tuition or other forms of financial aid (e.g., loans, work-study, etc.) to illegal aliens from receiving Federal assistance pursuant to the Higher Education Act of 1965.
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Rep. Gallegly voted in favor of H.R. 4830, the Border Tunnel Protection Act of 2006 that would penalize any person constructing or financing a border tunnel with up to 20 years’ imprisonment and anybody who recklessly permits others to construct or use such a tunnel on their land with up to 10 years’ imprisonment; would punish those who use a border tunnel to smuggle aliens (including terrorists and criminals), weapons, drugs, and other illicit goods by doubling the sentence for the underlying offense (i.e., up to 40 years’ imprisonment). H.R. 4830 passed by a vote of 422 to 0.
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Rep. Gallegly voted in favor of H.R. 6061, the Secure Fence Act of 2006. H.R. 6061: requires the Department of Homeland Security to construct 700 miles of reinforced fencing along the U.S.-Mexico border; provides for the installation of additional physical barriers, roads, lighting, cameras, and sensors in five specified lengths (encompassing approximately 700 miles) along the United States’ southwestern border; requires DHS to study the necessity, feasibility, and economic impact of constructing a similar barrier along the U.S.-Canada border; enhances border infrastructure, including checkpoints, roads, and vehicle barriers; and requires DHS to achieve and maintain "operational control" of our borders within 18 months of enactment and require reports on the progress toward this goal. H.R. 6061 passed by a vote of 283-138-1 (1 denotes a vote of "present.")
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Rep. Gallegly was a cosponsor of H.R. 2933, the Alien Gang Removal Act of 2005. H.R. 2933 would make aliens who are members of violent criminal gangs inadmissible and deportable. This bill would authorize mandatory detention of alien gang members, expedite the deportation of alien gang members by barring most forms of relief from removal and prohibit alien gang members from receiving Temporary Protected Status.
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Rep. Gallegly voted in favor of the Tancredo Amendment to H.R. 5541, the fiscal year 2007 Department of Homeland Security (DHS) appropriations bill. The Tancredo Amendment would prohibit funds appropriated by H.R. 5441 from being used to administer the continuation of Temporary Protected Status (TPS) for nationals of Guatemala, Honduras, or Nicaragua announced by DHS before the bill's enactment. Temporary Protected Status provides a temporary amnesty for certain illegal aliens from designated countries. The Tancredo Amendment failed by a vote of 134-284-1 (the "1" was a "present" vote).
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Rep. Gallegly voted in favor of the Marshall Amendment to H.R. 5441, the fiscal year 2007 Department of Homeland Security (DHS) appropriations bill. The Marshall Amendment would increase funding for USCIS' employment verification program by $20 million. This program , which is currently voluntary, allows employers to electronically check the eligibility of new employees to work in the United States. However, in December, 2005, the House passed H.R. 4437 which makes the program mandatory. The Marshall Amendment would fund this program. The Marshall Amendment passed by a vote of 358-63.
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Rep. Gallegly voted in favor of H.R. 4437, the Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005. H.R. 4437, as amended and passed, includes major improvements in interior enforcement and border security, as well as a reduction in legal immigration numbers. Among its most significant provisions are: a requirement that all businesses must use an electronic system to check if all new hires have the legal right to work in the country; additional security fencing along the Mexican border; a mandate that the federal government cooperate with local authorities in picking up all illegal aliens they detain; and elimination of the visa lottery program that each year awards 50,000 green cards to randomly selected winners. H.R. 4437 passed by a vote of 239 to 182.
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Rep. Gallegly voted in favor of the Sullivan Amendment to H.R. 4437, the Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005. The Sullivan Amendment requires full implementation of the automated entry-exit system that was instituted by Congress in 1996. As well, it requires the removal of unlawfully present aliens unless they fear persecution at home or are seeking asylum. It also reinforces the important role of state and local law enforcement in the fight against illegal immigration. The Sullivan Amendment failed by a vote of 163 to 251.
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Rep. Gallegly voted in favor of the Hunter Amendment to H.R. 4437, the Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005. The Hunter Amendment would shore up security by building fences and other physical infrastructure to keep out illegal aliens. Specifically, it mandates the construction of specific security fencing, including lights and cameras, along the Southwest border for the purposes of gaining operational control of the border. As well, it includes a requirement for the Secretary of Homeland Security to conduct a study on the use of physical barriers along the Northern border. The Hunter Amendment passed by a vote of 260-159.
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Rep. Gallegly voted as part of the Judiciary Committee in favor of H.R. 4437, the Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005. H.R. 4437 would mandate that every employer in America use what is now called the Basic Pilot Program to assure that new hires are legally allowed to work. This is probably the single most powerful measure that would reduce the illegal population in this country. The bill would strengthen border enforcement through increased personnel and infrastructure, encourage involvement of state and local law enforcement agencies in – and provide appropriate reimbursement to those agencies for – immigration enforcement, and authorize coordinated border surveillance efforts between DHS and DOD. H.R. 4437 was passed by the Judiciary Committee by a vote of 23 to 15.
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Rep. Gallegly was a cosponsor of H.R. 1986, legislation to amend Title 10 of the United States Code to authorize the Secretary of Defense to assign members of the Army, Navy, Air Force and Marine Corps to assist the Department of Homeland Security in securing the borders under certain circumstances.
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Rep. Gallegly was a cosponsor of H.R. 1770. this bill requires employers at critical infrastructure sites, including federal, state and local government buildings; military bases; nuclear energy sites; weapons sites; and airports, to participate in the Basic Pilot program. The program, originally established under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, gives employers a simple and effective way to verify the identity and employment eligibility of employees. H.R. 1770 also authorizes federal authorities to use the Basic Pilot program to enforce immigration laws, document fraud laws and the Social Security Act. This would add an
important weapon in the limited arsenal of immigration law enforcement. While all employers are encouraged to use the Basic Pilot program, employers at critical infrastructure sites should be required to use it. H.R. 1770 will help to improve national security and reduce illegal immigration by making it more difficult for illegal aliens to get jobs.
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Rep. Gallegly is a cosponsor of H.R. 3095, the New IDEA (Illegal Deduction Elimination Act).. H.R. 3095 makes wages and benefits paid to illegal aliens nondeductible for federal tax purposes. Furthermore, H.R. 3095 allows federal tax documents to be used to enforce immigration law pertaining to the hiring of illegal workers, adding a useful tool to help law enforcement officials do their jobs. The primary reason illegal aliens come to the United States is jobs. If illegal aliens are not able to get jobs and retain them, it will be much more difficult for them to remain in the United States and will reduce the incentive to immigrate illegally. New IDEA is an innovative way to limit cheap-labor abuses by employers, better enforce our immigration laws and eliminate the jobs magnet.
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Rep. Gallegly is a cosponsor of H.R. 815, the Financial Customer Identification Verification Improvement Act. H.R. 815 prohibits the use of identification cards issued by foreign governments, including Matricula consular cards, for purposes of verifying the identity of a person who opens an account at a financial institution. This eliminates one reward for illegal immigration and makes it more difficult for those illegally in the country to open bank accounts which helps them establish roots, and easily live and work in the United States.
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Rep. Gallegly voted in favor of H. Amdt. 288 to H.R. 2862, the the Science, Departments of State, Justice, and Commerce Appropriations, 2006 Act. The amendment, offered by Rep. Tom Tancredo (R-CO) would deny federal funding to states and cities that are in violation of section 642(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. This is the provision that specifically prohibits state and local governments from enacting sanctuary policies that bar public officials, including police officers, from asking an individual's immigration status to determine eligibility for public services and from reporting illegal aliens to federal authorities. Despite that, cities such as San Francisco, Los Angeles, Chicago and Houston, still have sanctuary policies in place. Maine is the only state with a sanctuary policy. The Tancredo Amendment would have created an incentive for states and cities to follow federal law prohibiting policies that protect illegal aliens, criminal aliens, and, potentially, terrorists. The amendment failed by a vote of 204 to 222.
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Rep. Gallegly voted against the Obey amendment (H. Amdt. 144) to H.R. 2360, the Department of Homeland Security Appropriations bill. The Obey amendment provided $100 million to fund grants under the REAL ID Act to assist States in conforming with minimum drivers’ license standards. The Obey amendment passed by a vote of 226-198.
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Rep. Gallegly voted in favor of an amendment (H. Admt. 138) to H.R. 2360, the Department of Homeland Security Appropriations Act, 2006. The amendment would deny federal homeland security funding to states and local governments who refuse to share information with Federal immigration authorities. The amendment, offered by Rep. Tom Tancredo (R-CO), would have created a huge incentive to rescind the policies that protect illegal aliens, criminal aliens, and, potentially, terrorists, by denying them some Federal funding. Sanctuary policies bar public officials, including police officers, from asking an individual's immigration status to determine eligibility for public services and from reporting illegal aliens to federal authorities. In 1996, Congress passed a law that specifically prohibits state and local governments from enacting sanctuary policies. Despite that, cities such as San Francisco, Los Angeles, Chicago and Houston, still have sanctuary policies in place. Maine is the only state with a sanctuary policy. The amendment failed by a vote of 165 to 285.
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Rep. Gallegly voted in favor of the Norwood Amendment to H.R. 1817, the Department of Homeland Security Appropriations bill. The amendment, sponsored by Rep. Norwood (R-GA), clarifies the existing authority of State and local law enforcement personnel to assist in the apprehension and detention of illegal aliens. This amendment would not only help deter future illegal immigration, but gradually begin to reduce the current 10-12 million illegal alien population in the United States. The amendment passed by a vote of 242 to 185.
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Rep. Gallegly voted in favor of H. Amdt. 206 to H.R. 1815. The amendment authorizes the Secretary of Defense to assign members of the military, under certain circumstances, to assist the Bureau of Border Security and U.S. Customs Service of the Department of Homeland Security on preventing the entry of terrorists, drug traffickers, and illegal aliens into the United States The amendment, sponsored by Rep. Goode of Virginia, passed the House by a vote of 245-184.
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and increase interior enforcement in 2005-2006
Rep. Gallegly is a cosponsor of, the CLEAR Act of 2005. H.R. 3137 essentially mandates the federal government to pick up every illegal alien apprehended by local authorities, and it would pay local police and sheriff's departments for detaining the illegal aliens. This legislation would not only stop the illegal population in the United States from growing above its estimated 10-12 million level but also would begin slowly and steadily reducing the illegal population.
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Rep. Gallegly is a cosponsor of H.R. 925, the Identification Integrity Act of 2005. The bill would require a secure and verifiable ID be used to obtain Federal public benefits. H.R. 925 would prohibit federal agencies from accepting non-verifiable ID documents issued by foreign governments, such as the matricula consular. Thus, illegal aliens holding those foreign cards would not be able to use them to enter a federal building guarded by federal law enforcement authorities such as the U.S. Marshal Service, or to apply for any federally provided public benefit. However, H.R. 925 would permit acceptance of foreign passports, regardless of whether the holder has permission to be in the country, as evidenced by a US-issued entrance stamp or visa.
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Rep. Gallegly voted on the floor of the House in favor of H.R. 418, the REAL ID Act. This legislation would set federal standards for the issuance of drivers' licenses and require proof of "legal presence" in order to obtain a driver's license. This would make illegal aliens ineligible for drivers' licenses. As well, H.R. 418 would tie the driver's license expiration date of a temporary visa holder to the expiration date of their visa so that those who enter the country legally as visa holders, but become illegal aliens by overstaying their visas will not have a valid driver's license after the date of the expiration of their visa. In addition, H.R. 418 includes provisions to broaden the terrorism-related grounds for inadmissibility and deportability of aliens, and to complete construction of the San Diego border fence. H.R. 418 would deter illegal immigration by making it more difficult for illegal aliens to enter and to remain in the United States. It also would reduce significantly the risk that terrorists will be able to game our asylum system or avoid removal because of loopholes in our immigration laws. H.R. 418 was passed by the House of Representatives by a vote of 261-161.
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Rep. Gallegly voted against the Nadler Amendment to H.R. 418. The Nadler Amendment was an amendment to strike Section 101 of H.R. 418. Section 101 of H.R. 418 is the section includes reforms of our asylum laws to prevent terrorists from gaming our asylum system. Specifically, it includes provisions to ensure that our asylum system is consistent with our justice system in which the trier of fact is always allowed to use the credibility of the defendant and witnesses in deciding the case. Requiring an asylum claimant to bear the burden of proof is consistent both with our justice system and with international law, which says we must grant asylum to an alien who has been persecuted or has a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion (the five grounds agreed upon in the Geneva Convention). The Nadler Amendment failed by a vote of 185-236.
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Rep. Gallegly voted in favor of the rule that incorporated the Manager's Amendment to H.R. 418 (H. Res. 75). H.R. 418 was brought to the House floor for consideration under a rule that incorporated an amendment by the bill's sponsor, Chairman Sensenbrenner. Because the rule included the amendment, a vote for the rule did two things: 1) like any rule for consideration, it established the time limits for debate of the bill and permitted the debate to begin; and 2) it added the text of the Manager's Amendment to the original bill. The Manager's Amendment included the following changes to strengthen the provisions of H.R. 418: requires immigration judges to determine an alien's credibility before granting relief or protection from removal; limits deportable aliens' ability to stall their deportation by filing endless appeals in court; and strikes both the section of the bill that explicitly recognizes states' ability to issue "driving certificates" that do not comply with the standards, and the provision that permits the Department of Homeland Security to regulate such alternative licenses. The Manager's Amendment also included a provision to eliminate the cap of 10,000 per year on the number of asylees who may apply for adjustment to permanent resident status after residing in the U.S. for at least one year following the grant of asylum. However the rest of the provisions of the Manager's Amendment more than make up this provision, since asylees already are virtually assured permanent resident status eventually. The Manager's Amendment passed by a vote of 228-198.
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Rep. Gallegly is a cosponsor of H.R. 19, to require employers to conduct employment eligibility verification. H.R. 19 expands permanently the Employment Eligibility Verification System (originally named the Basic Pilot Program) nationwide and requires all employers to participate. As well, H.R. 19 expands the courts’ authority to require participation in system for employers found in violation of employer sanctions laws. H.R. 19 would phase the mandatory program in over a period of seven years.
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Rep. Gallegly was a cosponsor the REAL ID Act, H.R. 418. Introduced by House Judiciary Chairman Rep. James Sensenbrenner (R-WI), H.R. 418 includes provisions to set federal standards for the issuance of drivers' licenses and a "legal presence" requirement that would make illegal aliens ineligible for drivers' licenses. As well, H.R. 418 would tie the driver's license expiration date of a temporary visa holder to the expiration date of their visa so that those who enter the country legally as visa holders, but become illegal aliens by overstaying their visas will not have a valid driver's license after the date of the expiration of their visa. (This was the situation for some of the 9/11 hijackers who entered the country legally, but overstayed their visas, becoming illegal aliens who still had valid drivers' licenses that allowed them to board planes on 9/11.) In addition, H.R. 418 includes provisions to broaden the terrorism-related grounds for inadmissibility and deportability of aliens, and to complete construction of the San Diego boder fence. The provisions of H.R. 418 would go a long way toward deterring future illegal immigration and implementing immigration-related security reforms that were initially recommended by the 9/11 Commission.
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Rep. Gallegly is a cosponsor of H. Res. 20, a resolution expressing the disapproval of the House of Representatives of the Social Security totalization agreement between the United States and Mexico.
The purpose of totalization agreements is to protect the retirement and disability benefits of workers from one country who work in another country for a period of time, and to prevent such workers and their employers from having to pay Social Security taxes in both countries at the same time. Current U.S. law authorizes the SSA to enter into totalization agreements with foreign countries, unless either house of Congress disapproves the agreement. Once an agreement is signed by the SSA, it must be reviewed by the State Department and the White House and then presented to Congress. The agreement automatically takes effect 60 legislative days (i.e., days when Congress is in session) after it is presented to Congress unless either the House or the Senate passes a resolution of disapproval. Under the totalization agreement between the U.S. and Mexico, illegal aliens from Mexico working under bogus names and fraudulent Social Security numbers can apply for Social Security benefits -- both retirement and disability benefits -- once they either leave the United States or obtain legal status (e.g., through an amnesty, by marrying a U.S. citizen, etc.). The then-INS in 2000 estimated that there were almost five million Mexicans residing in the United States illegally, and that they represented almost 69 percent of all the illegal aliens in the United States at that time. Obviously, the cost of a totalization agreement with Mexico that permits all of these illegal aliens to apply for Social Security benefits for themselves and their dependents would be enormous. More importantly, though, is that such an agreement would create an incentive for even more illegal immigration from Mexico.
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Rep. Gallegly voted in favor of the Ose Amendment to H.R. 10, the 9/11 Recommendations Implementation Act. The Ose Amendment would have ensured completion of the last 14 miles of the San Diego border fence. This would serve as a physical barrier to additional illegal immigration. While the border fence will segment the habitat of a few species and cause localized habitat destruction in the immediate construction zone, it will reduce the widespread destruction of habitat for all species that is caused by large numbers of illegal aliens trampling through pristine areas, leaving huge quantities of trash and human waste, and building campfires that too often turn into devastating wildfires. The Ose Amendment passed by a vote of 252-160.
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Rep. Gallegly voted in favor of the Green Amendment to H.R. 10, the 9/11 Recommendations Implementation Act. The Green Amendment would have made all terrorist-related grounds of inadmissibility, grounds of deportability, as well. This would have strengthened immigration law with regard to the deportability of alien terrorists. The Green Amendment passed by a vote of 283-132.
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Rep. Gallegly voted in favor of the Souder Amendment to H.R. 10, the 9/11 Recommendations Implementation Act. The Souder Amendment would have given all security screening personnel access to law enforcement and intelligence information maintained by DHS. The Souder Amendment would have helped security screeners identify and stop illegal aliens. The Souder Amendment passed by a vote of 410-0.
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Rep. Gallegly voted against the Smith Amendment to strip from H.R. 10 the asylum provision that reaffirmed that the burden of proof is on the asylum claimant, and that the adjudicator may require corroborating evidence "where it is reasonable to expect such evidence." This would have made it harder for terrorists to receive asylum in the U.S. by no longer allowing them to claim that the tenets of a terrorist organization are a "political opinion" for which their home government would persecute them if they are denied asylum. The Smith Amendment failed by a vote of 197-219.
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Rep. Gallegly voted against the Smith Amendment to H.R. 10, the 9/11 Recommendations Implementation Act. The Smith Amendment would have stripped the expanded expedited removal provision from H.R. 10 that requires DHS to utilize expedited removal in the case of all aliens who have entered the U.S. illegally and have not been present in the U.S. for 5 years. This is the provision that had the potential to dramatically increase deportations of illegal aliens by eliminating the appeals process. Somewhere around 2.5 million illegal aliens could be subject to the expedited removal provision. The Smith Amendment failed by a vote of 203-210.
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Rep. Gallegly voted in favor of H.R. 10, the 9/11 Recommendations Implementation Act. H.R. 10 represented the primary legislative response in the House of Representatives to the recommendations of The National Commission on Terrorist Attacks Upon the United States (9-11 Commission). The 9-11 Commission made several recommendations with regard to immigration that, in the Commission's opinion, would increase security and help prevent a future attack. Many of the Commission's immigration recommendations were included in H.R. 10 such as provisions to: prohibit driver's licenses to illegal aliens; expedite removal of illegal aliens; increase Border Patrol and ICE agents; and prevent Federal agencies from accepting or recognizing consular ID as valid proof of identity. H.R. 10 passed by a vote of 282-134.
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Rep. Gallegly voted against a Motion to Recommit with Instructions on H.R. 10, the 9/11 Recommendations Implementation Act. H.R. 10 represents the primary legislative response in the House of Representatives to the recommendations of The National Commission on Terrorist Attacks Upon the United States (9-11 Commission). The 9-11 Commission made several recommendations with regard to immigration that, in the Commission's opinion, would increase security and help prevent a future attack. Many of the Commission's immigration recommendations were included in H.R. 10 such as provisions to: prohibit driver's licenses to illegal aliens; expedite removal of illegal aliens; increase Border Patrol and ICE agents; and prevent Federal agencies from accepting or recognizing consular ID as valid proof of identity. The Motion to Recommit, introduced by Rep. Carolyn Maloney (D-NY), would have effectively stripped ALL of the immigration provisions from H.R. 10, thus removing all of the measures that were based upon the immigration-related recommendations of the 9-11 Commission. The Motion to Recommit failed by a vote of 193-223.
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Rep. Gallegly voted against the Jackson Lee Amendment to H.R. 10, the 9/11 Recommendations Implementation Act. The Jackson Lee Amendment would have eliminated the provision in H.R. 10 that stated that passports are the only form of foreign-issued IDs that are acceptable forms of identification to obtain a divers license. The Jackson Lee Amendment would have facilitated illegal immigration by allowing insecure forms of identification such as consular-issued ID cards that are often used by illegal aliens to be acceptable forms of identification for obtaining driver's licenses and other benefits. The Jackson Lee Amendment failed by a vote of 15-20.
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Rep. Gallegly voted against the Conyers Amendment to H.R. 10, the 9/11 Recommendations Implementation Act. The Conyers Amendment would have substituted the language of S. 2845, the National Intelligence Reform Act of 2004, for the language of H.R. 10. S. 2845 is the Senate bill responding to the recommendations of the 9/11 Commission, but it contains no effective immigration provisions. Thus, the Conyers Amendment would have effectively stripped all of the immigration reforms of H.R. 10 from the bill. The Conyers Amendment failed by a vote of 15 to 20.
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Rep. Gallegly voted against the Jackson Lee amendment to H.R. 10, the 9/11 Recommendations Implementation Act. The Jackson Lee Amendment would have struck from H.R. 10 Section 3032, which would have prevented terrorists and aliens convicted of serious crimes from avoiding deportation by claiming protection under the United Nations Convention Against Torture. Under current law, these terrorists and dangerous criminals must be released into American communities if they claim that they may face torture if returned to their home country, because the Supreme Court has held that aliens may not be detained indefinitely. The Jackson Lee Amendment failed by a vote of 12 to 18.
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Rep. Gallegly voted against the Sanchez Amendment to H.R. 10, the 9/11 Recommendations Implementation Act. The Sanchez Amendment, offered by Rep. Linda Sanchez (D-CA), would have weakened the driver's license provisions of H.R. 10 that required federal standards for the issuance of driver's licenses and birth certificates. The driver's license provisions of H.R. 10 would have made it more difficult for illegal aliens to obtain driver's licenses, thus deterring illegal immigration. The Sanchez Amendment, to weaken these provisions, failed by a vote of 12 to 19.
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Rep. Gallegly voted as part of the Judiciary Committee to pass H.R. 10, the 9/11 Recommendations Implementation Act. H.R. 10 represented the primary legislative response in the House of Representatives to the recommendations of The National Commission on Terrorist Attacks Upon the United States (9-11 Commission). The 9-11 Commission made several recommendations with regard to immigration that, in the Commission's opinion, would increase security and help prevent a future attack. Many of the Commission's immigration recommendations were included in H.R. 10 such as provisions to: prohibit driver's licenses to illegal aliens; expedite removal of illegal aliens; increase Border Patrol and ICE agents; and prevent Federal agencies from accepting or recognizing consular ID as valid proof of identity. The Motion to Report H.R. 10 passed the Judiciary Committee by a vote of 19 to 12.
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Rep. Gallegly voted against the Menendez Amendment to H.R. 10, the 9/11 Recommendations Implementation Act. H.R. 10 represented the primary legislative response in the House of Representatives to the recommendations of The National Commission on Terrorist Attacks Upon the United States (9-11 Commission). The 9-11 Commission made several recommendations with regard to immigration that, in the Commission's opinion, would increase security and help prevent a future attack. Many of the Commission's immigration recommendations were included in H.R. 10 such as provisions to: prohibit driver's licenses to illegal aliens; expedite removal of illegal aliens; increase Border Patrol and ICE agents; and prevent Federal agencies from accepting or recognizing consular ID as valid proof of identity. The Menendez Amendment would have stripped ALL of the immigration provisions from H.R. 10, thus removing all of the measures that were based upon the immigration-related recommendations of the 9-11 Commission. The Menendez Amendment failed by a vote of 203-213.
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Rep. Gallegly voted against the Oxley Amendment (H. AMDT 754) to strip the Culberson Amendment from H.R. 5025, the Transportation, Treasury, and Independent Agencies Appropriations bill. The Culberson amendment would have prohibited the Treasury Department from using any of the funding in the bill to publish, disseminate, authorize or enforce regulations that permit or allow financial institutions to accept the Mexican matricula consular ID card. The Culberson amendment was intended to send a clear message to the Treasury Department and to financial institutions that Mexican matricula consular ID card is neither a secure nor acceptable forms of ID. While it would not have actually required Treasury to change the current regulations which permit financial institutions to accept consular ID cards (rules governing amendments to appropriations bills would not permit such a requirement), it would have made those regulations unenforceable, which is a strong incentive for Treasury to change them. Rep. Oxley offered an amendment to strip the Culberson Amendment from the bill. The Oxley Amendment passed by a vote of 222-177.
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Rep. Gallegly voted in favor of the Hayworth Amendment (H. AMDT 745) to H.R. 5006, the Labor, HHS, Education Appropriations bill. The amendment would have prohibited any funding in the bill from being used to pay Social Security Administration (SSA) employees to administer any benefits that would not be payable but for a totalization agreement with Mexico. The effect of this would be to prevent the U.S.-Mexico totalization agreement from taking effect -- at least during FY 2005 -- since SSA employees could not be paid for any work they do to determine or pay benefits under the agreement. The U.S.-Mexico totalization agreement would allow both legal AND illegal aliens working in the United States to qualify for Social Security benefits. The amendment failed by a vote of 178-225.
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Rep. Gallegly is a cosponsor of H. Res. 720, a resolution expressing the disapproval of the House of Representatives of the Social Security totalization agreement between the United States and Mexico.
The purpose of totalization agreements is to protect the retirement and disability benefits of workers from one country who work in another country for a period of time, and to prevent such workers and their employers from having to pay Social Security taxes in both countries at the same time. Current U.S. law authorizes the SSA to enter into totalization agreements with foreign countries, unless either house of Congress disapproves the agreement. Once an agreement is signed by the SSA, it must be reviewed by the State Department and the White House and then presented to Congress. The agreement automatically takes effect 60 legislative days (i.e., days when Congress is in session) after it is presented to Congress unless either the House or the Senate passes a resolution of disapproval.
Under the totalization agreement between the U.S. and Mexico, illegal aliens from Mexico working under bogus names and fraudulent Social Security numbers can apply for Social Security benefits -- both retirement and disability benefits -- once they either leave the United States or obtain legal status (e.g., through an amnesty, by marrying a U.S. citizen, etc.). The then-INS in 2000 estimated that there were almost five million Mexicans residing in the United States illegally, and that they represented almost 69 percent of all the illegal aliens in the United States at that time. Obviously, the cost of a totalization agreement with Mexico that permits all of these illegal aliens to apply for Social Security benefits for themselves and their dependents would be enormous. More importantly, though, is that such an agreement would create an incentive for even more illegal immigration from Mexico.
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Rep. Gallegly voted in favor of the King Amendment (H. AMDT 655) to the Commerce, Justice, State, Appropriations Act of 2005, H.R. 4754, that would have increased funding to the Justice Department for enforcing current federal law against sanctuary policies for illegal aliens. Sanctuary policies bar public officials, including police officers, from asking an individual's immigration status to determine eligibility for public services and from reporting illegal aliens to federal authorities. In 1996, Congress passed a law that specifically prohibits state and local governments from enacting sanctuary policies. Despite that, cities such as San Francisco, Los Angeles, Chicago and Houston, still have sanctuary policies in place. Maine is the only state with a sanctuary policy. The King Amendment would have allowed the Justice Department to more fully enforce federal law against policies that protect illegal aliens, criminal aliens, and, potentially, terrorists. The amendment failed by a vote of 139-278.
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Rep. Gallegly voted in favor of an amendment (H. AMDT 583) to the Department of Homeland Security Appropriations Act of 2005, H.R. 4567, that would prohibit homeland security funding from going to states or cities that have violated Federal law by enacting sanctuary policies. Sanctuary policies bar public officials, including police officers, from asking an individual's immigration status to determine eligibility for public services and from reporting illegal aliens to federal authorities. In 1996, Congress passed a law that specifically prohibits state and local governments from enacting sanctuary policies. Despite that, cities such as San Francisco, Los Angeles, Chicago and Houston, still have sanctuary policies in place. Maine is the only state with a sanctuary policy. The amendment, offered by Rep. Tom Tancredo, would have created a huge incentive to rescind the policies that protect illegal aliens, criminal aliens, and, potentially, terrorists, by denying them some Federal funding. The amendment failed by a vote of 148-259.
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Rep. Gallegly voted in favor of the Goode Amendment to H.R. 4200, to authorize the Secretary of Defense to assign members of the military, under certain circumstances, to assist the Department of Homeland Security in the performance of border control functions. The Goode Amendment passed the House by a vote of 231-191.
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Rep. Gallegly cosponsored H.R. 3674, the Financial Customer Identification Verification Improvement Act. H.R. 3674 would have made it harder for illegal aliens to gain government services and to otherwise profit from their illegal activity by prohibiting banks from accepting foreign issued IDs (except for passports) for purposes of verifying the identity of a person who opens an account at a financial institution.
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Rep. Gallegly voted in favor of H.R. 2359, the Basic Pilot Extension Act of 2003. H.R. 2359 would extend for five years the voluntary workplace employment eligibility authorization pilot programs created in 1996. This program is an important component of preventing illegal aliens from taking jobs from those who have the legal right to work in this country. H.R. 2359 passed the House Judiciary Committee by a vote of 18 to 8 before being brought up on the suspension calendar. Because it was brought up on the suspension calendar, no amendments were allowed to be offered to the bill and the bill needed a two-thirds majority in order to pass. Thus, even though a majority of Representatives voted in favor of H.R. 2359 (231-170), it failed because a two-thirds majority did not vote in favor of it. However, the Basic Pilot Extension Act eventually passed the Senate by Unanimous Consent as S. 1685. Then, the House passed by voice vote S. 1685 and it was signed by the President, becoming Public Law No. 108-156.
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Rep. Gallegly voted in favor of the Hostettler Amendment to H.R. 1950, the Foreign Relations Authorization Act. The Hostettler Amendment would have put some major restrictions on consular-issued ID cards that are frequently issued to illegal aliens by foreign governments. These cards make it easier for illegal aliens to gain government services and to otherwise profit from their illegal activity. The Hostettler Amendment passed by a vote of 226-198.
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Rep. Gallegly cosponsored H.R. 2671, the CLEAR Act of 2003. H.R. 2671 essentially mandated the federal government to pick up every illegal alien apprehended by local authorities, and it would have paid local police and sheriff's departments for detaining the illegal aliens. This legislation would not only have stopped the illegal population in the U.S. from growing above its then estimated 10-million level but also would have begun slowly and steadily reducing the illegal population.
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Rep. Gallegly voted in favor of the Goode Amendment to H.R. 1588, to authorize members of the military, under certain circumstances, to assist the Department of Homeland Security in the performance of border control functions. The Goode Amendment passed the House by a vote of 250-179.
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Rep. Gallegly cosponsored H.R. 687, the Identification Integrity Act of 2003. The bill would have required a secure and verifiable ID be used to obtain Federal public benefits. H.R. 687 would have prohibited federal agencies from accepting non-verifiable ID documents issued by foreign governments, such as the matricula consular. H.R. 687 would have permited acceptance of foreign passports, regardless of whether the holder has permission to be in the country, as evidenced by a US-issued entrance stamp or visa. Thus, illegal aliens holding those foreign cards would not be able to use them to open an account at a bank regulated by the Treasury Department or to enter a federal building guarded by federal law enforcement authorities such as the U.S. Marshal Service, or to apply for any federally provided public benefit.
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Rep. Gallegly cosponsored the Securing America from Terrorist Entries Act,H.R. 3286. This legislation would have placed a moratorium on the issuance of immigrant and nonimmigrant visas (except diplomatic visas) to citizens and nationals of any nation designated by the State Department as a state sponsor of terrorism or any of 8 other countries listed in the bill. In addition, H.R. 3286 would have reduced illegal immigration by requiring the GAO to report to Congress every six months on the effectiveness of INS efforts to secure the borders, of the federal government's efforts to prevent terrorists from entering the US and to locate and monitor the travel of aliens in the US.
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Rep. Gallegly voted in favor of H. Amdt. 479 to H.R. 4546, the Department of Defense Authorization bill. The amendment authorized the Secretary of Defense to assign members of the military, under certain circumstances, to assist the Bureau of Border Security and U.S. Customs Service of the Department of Homeland Security on preventing the entry of terrorists, drug traffickers, and illegal aliens into the United States The amendment, sponsored by Rep. Goode of Virginia, passed the House by a vote of 232-183.
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Rep. Gallegly voted AGAINST H RES 365 which was brought up and passed in a new form in March of 2002. The vote against the bill was a vote against rewarding illegal aliens via a four-month
reinstatement of Section 245(i). That is an expired immigration provision that allows illegal aliens with qualified relatives or employers in the U.S. to pay a $1,000 fine, to apply for a green card in this country, and to be allowed to stay in this country without fear of deportation until their turn arrives for a green card years, and even decades, later. The illegal aliens also would not have to go through the usual security screening in U.S. embassies in their home countries. The lowest estimate from supporters of the bill was that some 200,000 illegal aliens would benefit. H RES 365 also included language that would have implemented some important visa-tracking regulations helpful to discouraging illegal immigration. But all of those provisions had already been passed previously in H.R. 3525, making the assistance to illegal aliens the sole purpose of the bill.
Rep. Gallegly was one of 137 Representatives who voted AGAINST the 245(i) amnesty. The bill narrowly passed by a vote of 275 to 137 (a two-thirds majority was needed in order to pass).
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Rep. Gallegly voted on the floor of the House IN FAVOR OF a motion to suspend the rules and pass H.R. 1885, a four-month extension of Section 245(i), which is a de facto amnesty in that current federal policy did not deport illegal aliens once they applied for Section 245(i) and allowed them to remain in the U.S. for years until they were allowed to become official immigrants. The vote on the four-month extension represented a compromise of the White House push for a longer extension. Even though the four month extension was better than a year-long or permanent extension, it still would have resulted in at least 200,000 more people being added to the country through illegal immigration. Rep. Gallegly was part of a 336-43 majority voting in favor of the four-month extension of Section 245(i). It did not become law, though.
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Rep. Gallegly signed a letter to Speaker of the House Hastert opposing any reinstatement of Section 245(i), an expired immigration provision that allows certain illegal aliens to pay a $1,000 to adjust their status and stay in the country. By signing this letter, Rep. Gallegly, along with 19 other Representatives, stood against this mini amnesty for illegal aliens.
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Rep. Gallegly cosponsored H.R. 3229, legislation to create a comprehensive alien tracking and identification system. H.R. 3229 was the House version of S. 1627, the Feinstein-Kyl bill. It would have gone a long way toward closing the immigration loopholes that made us vulnerable to the attacks of Sept. 11 by implementing an entry-exit system and an integrated database of biometric identifiers for every visa holder. While H.R. 3229 did not pass, many of the main provisions of this bill were included in H.R. 3525, as signed into law in May 2002.
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Rep. Gallegly signed a statement issued by the Congressional Immigration Reform Caucus in April of 2001 opposing the proposals of Mexican President Vicente Fox and President George W. Bush for some sort of guestworkeramensty program for illegal immigrants from Mexico. By signing this letter, Rep. Gallegly was taking a stand against illegal immigration. This was an important action because it put President Bush on notice early in the year that there was Congressional opposition to the Bush-Fox amnesty proposals.
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Rep. Gallegly voted to enforce the border by voting for the Traficant amendment to HR 2586. This amendment authorized the Attorney General and the Secretary of the Treasury, to request that members of the Armed Forces assist the INS with border control duties. The Traficant amendment passed by a vote of 242 to 173, but this measure was never considered by the Senate.
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Rep. Gallegly acted to enforce the border by voting for the Traficant amendment to H.R.4205. This amendment authorizes the Secretary of Defense, under certain circumstances, to assign members of the Armed Forces to assist the INS with border control duties. The Traficant amendment passed by a vote of 243 to 183, but the Clinton Administration never chose to exercise this power.
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Rep. Gallegly voted in favor of the Traficant amendment to H.R. 1401. This amendment authorized the Secretary of Defense, under certain circumstances, to assign members of the Armed Forces to assist the Border Patrol and Customs Service only in drug interdiction and counter terrorism activities along our borders. The Traficant amendment passed by a vote of 242 to 181.
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Gallegly voted for the Rohrabacher Motion to H.R.2267 as one of 153 Members who went on record as insisting on killing the notorious pro-illegal-immigration program called Section 245(i). The program dealt with certain illegal aliens who were on lists that could qualify them eventually for legal residency. It provided them a loophole in which they could pay a fee and avoid a 1996 law’s provision that punishes illegal aliens by barring them for 10 years from entering the U.S. on a legal visa as a student, tourist, worker or immigrant. The controversial experimental program was scheduled to “sunset” late in 1997 and be automatically taken off the books. But the Senate voted to permanently continue the pro-illegal immigration program by attaching it to an appropriations bill. House leaders, though, refused to include the program in the House appropriations bill. That meant the issue would be decided in a joint Senate/House Conference Committee. Representatives wanting to make sure that House Conferees fought the Senate stance, brought a “Motion to Instruct” to the floor. The motion would make clear House opposition to the Section 245(i) program. Rep. Gallegly resisted intense lobbying from immigration attorneys and businesses that rely on illegal labor, voting to “instruct” the Conferees to kill the program. House Conferees succeeded in doing just that.
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Rep. Gallegly was part of a 333-87 majority which passed H.R.2202. It was a large omnibus bill with dozens of provisions aimed at reducing illegal immigration. It authorized major increases in the border patrol forces. But it also had many provisions aimed at making life more miserable for illegal aliens who manage to get into the country, half of whom arrive with legal visas but then illegally overstay. Until passage of the bill, a person could be apprehended as an illegal alien, be deported and then turn around and come back to the U.S. on a legal student, tourist, worker or relative visa. After the bill, an illegal alien was barred from any kind of legal entry for 10 years.
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Rep. Gallegly was one of only 86 Representatives who took the tougher-on-illegal-immigration side during the voting on the Gallegly Amendment to H.R.2202. He voted IN FAVOR of the amendment which would have made pilot workplace verification programs (see above) mandatory in five of the top seven immigration states. The amendment failed 86-331 under complaints that businesses and states should have more choice in whether they participated in workplace programs to keep illegal aliens from taking jobs.
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Rep. Gallegly voted AGAINST the Chabot Amendment to H.R.2202. His vote was one in favor of setting up voluntary pilot programs in high-immigration states that would assist employers in verifying whether people they had just hired had the legal right to work in this country. Such verification is considered by many experts to be an essential tool for withdrawing the job magnet from illegal aliens. The verification system established by H.R.2202 did not involve an ID card. Rather it provided that when new workers wrote down their Social Security number on an application, employers could phone into a national verification system to help assure that the number was a real number and belonged to the person giving it. In earlier smaller pilot programs, businesses had hailed the verification system for making it easier for them to avoid hiring illegal aliens. But a coalition of conservative pro-business Members and of liberal civil libertarians tried to kill the verification program as too intrusive into the private rights of businesses and workers. Opposing that coalition, Rep. Gallegly was part of a 260-159 majority that preserved the voluntary pilot programs.
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Tell Representative Gallegly what you think of
his immigration record. |
| Phone: |
(202) 225-5811 |
| Fax: |
(202) 225-1100 |
| E-Mail: |
email available via website. | | Website: |
www.house.gov/gallegly/ |
| D.C. Address: |
2427 Rayburn House Office Building
U.S. House of Representatives
Washington, D.C. 20515 |
District Offices | 485 Alisal Road
Suite G-1A
Solvang, CA 93463
(805) 686-2525 (V), (805) 686-2566 (F) |
2829 Townsgate Road
Suite 315
Thousand Oaks, CA CA
(800) 423-0023 (V), (805) 497-0039 (F) |
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