| Leans toward higher immigration, population growth, 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. Abercrombie cosponsored H.R. 1287, the Filipino Veterans Family Reunification Act. This bill would have exempted children of Filipino World War II veterans naturalized pursuant to the Immigration Act of 1990 from numerical limits on worldwide immigration. Rep. Mazie Hirono (D-Hawaii) was the measure’s main sponsor.
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Rep. Abercrombie voted against 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. Abercrombie in 1996 voted for the Chrysler-Berman Amendment to H.R.2202. It was a vote in favor of a chain migration system that has been the primary cause of annual immigration levels snowballing from less than 300,000 in 1965 to around a million today. Rep. Abercrombie supported provisions that allow 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 and chain migration (begun only in the 1950s) in order to lessen wage depression among lower-paid American workers. The House Judiciary Committee agreed with the Jordan Commission and passed H.R.2202, which would have effectively ended chain migration. But on the floor of the House, Rep. Abercrombie helped kill the reform by voting for the Chrysler-Berman Amendment which stripped out the legal immigration reforms. Rep. Abercrombie’s vote was important; the reformers were only 28 votes short of approving the end of chain migration. Rep. Abercrombie helped continue a level of immigration that the Census Bureau projects will result in a doubled U.S. population in the next century. The Chrysler-Berman amendment passed the House by a vote of .
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Rep. Abercrombie cosponsored H.R. 1117, REAL ID Repeal and Identification Security Enhancement Act of 2007. This bill would have repealed the REAL ID Act’s provisions implementing secure driver’s license/personal identification card standards; would have prohibited a Federal agency from accepting a driver’s license or identification card newly issued by a state more than two years after minimum standards are promulgated (pursuant to a negotiated rulemaking process involving specified stakeholders), unless the license or card conforms to those standards; would have required states to be in full compliance (i.e., each state would be required to certify compliance with DHS) with those minimum standards within five years of the standards being issued, unless DHS determines that a later deadline for compliance is more feasible; and would have required DHS to award grants to states to assist them in conforming with minimum standards for driver’s licenses and identification cards as established pursuant to this bill. Rep. Tom Allen (D-Maine) was the measure’s main sponsor.
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Rep. Abercrombie is a cosponsor of HR 1741, the Development, Relief, and Education for Alien Minors [DREAM] Act of 2007. HR 1741 would grant amnesty to illegal aliens under the age of 35 who have been in the United States for five consecutive years and came (illegally) to the United States before the age of 16. Such a reward for illegal immigration serves as an incentive for more illegal immigration.
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Rep. Abercrombie 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. Abercrombie voted against the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (CAFTA). CAFTA does not does NOT include any explicit language about visas. It does, however, include language in chapters 10 and 11 that is virtually identical to the language in other FTAs that creates the expectation of a right of immigration. It is expected that, like NAFTA, CAFTA will generate an increase in illegal immigration. CAFTA, like other recent FTAs, covers four "modes" of delivery of services between countries (Cross Border, Consumption Abroad, Commercial Presence and Movement of natural persons). Although there is nothing in the text of the agreement that would provide a single extra visa to the United States, by using language on Mode 3 and Mode 4 delivery of services that is identical or virtually identical to that in all recent FTAs, the USTR has allowed for the creation of an expectation of immigration. In other words, the foreign investors and service providers who read the agreement may easily believe that it will give them the right to enter the United States either to invest in a service providing company here or to go to work for a subsidiary from the home country. (Remember that Congress only has the authority to approve or reject free trade agreements; it many not amend them because of the President's fast track authority. Once Congress gives its approval, it may not pass laws that restrict or alter the provisions of the trade agreement, or the United States will be subject to trade sanctions.) CAFTA narrowly passed the House by a vote of 217 to 215.
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Rep. Abercrombie voted in favor of 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. Abercrombie voted against the Singapore Free Trade Agreement, H.R. 2739. The trade agreement would permit an unlimited number of workers in Singapore 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. Abercrombie voted against 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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The House passed H.R. 3736
by a vote of 288-133. Rep. Abercrombie 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. Abercrombie 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. Abercrombie voted for a Watt Substitute bill that would have forbidden U.S. firms from using temporary foreign workers to replace Americans. It 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. The substitute failed 177-242.
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Rep. Abercrombie voted AGAINST the Pombo Amendment to H.R.2202. He was part of a 242-180 majority that killed the amendment that would have created a massive new program. Agri-business would have been allowed 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 study 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. The amendment had no provisions for ensuring that the temporary workers went home after their jobs were concluded. Rep. Abercrombie’s vote was on the side of America’s farm workers and on the side of limiting illegal immigration.
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Rep. Abercrombie supported continuing a guestworker program for foreign nurses through his vote IN FAVOR of 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. The 262-154 majority, however, let the foreign nurses program end, contending 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. Abercrombie voted in favor of 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 supporting the rule, Rep. Abercrombie signaled his/her support of 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. Abercrombie opposed 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. Abercrombie 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. Abercrombie 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. Abercrombie 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. Abercrombie 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. Abercrombie voted against 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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Rep. Abercrombie cosponsored H.R. 1275, the "American Dream Act." This bill would make illegal aliens eligible for in-state tuition and would allow DHS to grant illegal college students legal status. This bill would encourage illegal immigration and reward illegal immigrants, as well as harming legal students.
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Rep. Abercrombie voted against 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. Abercrombie voted against 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. Abercrombie voted against 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. Abercrombie voted against 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. Abercrombie voted against 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. Abercrombie voted against 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. Abercrombie voted against H.R. 6095, the Immigration Law Enforcement Act of 2006 which would clarify state and local law enforcement’s inherent authority to enforce Federal immigration laws and overturn a decades-old court injunction that impedes the Federal government’s ability to remove aliens from El Salvador on an expedited basis. H.R. 6095 passed by a vote of 277-140.
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Rep. Abercrombie 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. Abercrombie voted against 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. Abercrombie voted against the King Amendment to H.R. 5441, the fiscal year 2007 Department of Homeland Security (DHS) appropriations bill. The amendment would deny federal homeland security funding to state and local governments who refuse to share information with Federal immigration authorities. The King Amendment would be a huge incentive to rescind the policies that protect illegal aliens, criminal aliens, and, potentially, terrorists, by denying states and localities that enact them some Federal funding. Sanctuary policies bar public officials, including police officers, from asking an individual's immigration status 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 passed by a vote of 218 to 179.
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Rep. Abercrombie voted against 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. Abercrombie 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. Abercrombie voted againstH.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. Abercrombie voted against 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. Abercrombie voted against the Norwood Amendment to H.R. 4437, the Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005. The Norwood amendment clarifies the existing authority of State and local law enforcement personnel to assist in the apprehension and detention of illegal aliens. As well, it requires DHS to: (a) provide training assistance to state and local law enforcement agencies; (b) reimburse state and local entities aiding in immigration enforcement; (c) continue the Institutional Removal Program (IRP), which guarantees that dangerous or criminal aliens who have been incarcerated, are removed and not released into the community; and, (d) expand the IRP to all states and, in so doing, authorizes state and local law enforcement to detain illegal aliens for up to 14 days. Further, it authorizes $1 billion for State Criminal Alien Assistance Program grants and prohibits state and local law enforcement who fail to aid or cooperate with federal government enforcement from being reimbursed for alien incarceration costs. 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 237 to 180.
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Rep. Abercrombie voted against 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. Abercrombie voted against 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. Abercrombie voted in favor of 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. Abercrombie voted against 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. Abercrombie voted against 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. Abercrombie voted against the 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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Rep. Abercrombie voted on the floor of the House against 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. Abercrombie voted in favor of 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. Abercrombie voted against 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 for 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. Abercrombie voted against 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. Abercrombie voted against 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. Abercrombie 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. Abercrombie voted in favor of 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. Abercrombie voted in favor of 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. Abercrombie voted against 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. Abercrombie voted in favor of a Motion to Recommit with Instructions on 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 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. Abercrombie voted in favor of a Motion to Instruct Conferees on S. 2845, the National Intelligence Reform Act of 2004. S. 2845 represented the primary legislative response in the Senate to the recommendations of The National Commission on Terrorist Attacks Upon the United States (9-11 Commission), however, it contained NO effective immigration provisions. Alternatively, H.R. 10 represented the primary legislative response in the House of Representatives to the 9-11 Commission. It contained 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 Instruct Conferees on S. 2845 encouraged the Conferees to strip the expedited removal, asylum, and secure ID provisions of H.R. 10 from the final bill. The Motion to Instruct Conferees failed by a vote of 169-229.
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Rep. Abercrombie voted in favor of 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. Abercrombie voted in favor of 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. Abercrombie voted against 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. Abercrombie cosponsored S. 2381, the Safe, Orderly, Legal Visas and Enforcement Act of 2004. Introduced by Rep. Luis Gutierrez (D-IL), H.R. 4262 included an amnesty that would grant Legal Permanent Resident status to certain illegal aliens (and their spouses and minor children) who have lived in the U.S. for at least 5 years and worked for an aggregate of 2 years. Virtually all of the 10.3 million illegeal aliens estimated to have been living in the U.S. in March 2004 could have qualified for this amnesty, along with their spouses and children. As well, H.R. 4262 would have significantly increased overall immigration numbers by increasing the number of family visas and exempting from the family-based visa ceiling all immediate relatives. H.R. 4262 also contained guestworker provisions that would have increased the annual limit on H-2B visas to 100,000 and created a new H-1D visa for up to 250,000 guestworkers a year who are not covered by other visa categories.
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Rep. Abercrombie voted against 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. Abercrombie voted AGAINST 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. Abercrombie voted against 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. Abercrombie voted against 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. Abercrombie voted against 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. Abercrombie voted AGAINST 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. Abercrombie cosponsored of H.R. 1684, the Student Adjustment Act of 2003. H.R. 1684 would have granted in-state tuition and amnesty to illegal aliens under the age of 21 who had been physically present in the country for five years and were in 7th grade or above. Such a reward for illegal immigration serves as an incentive for more illegal immigration.
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Rep. Abercrombie voted against 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. Abercrombie voted FOR H RES 365, which was brought up and passed in a new form in March of 2002. The vote in favor of the bill was a vote in favor of 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
included language that would implement 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. Abercrombie was one of 275 Representatives who voted in favor of 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. Abercrombie cosponsored H.R. 3142, the Agricultural Job Opportunity, Benefits, and Security Act of 2003. H.R. 3142 would have created an amnesty for certain agricultural workers. Of the 1.2 million illegal aliens then working in agriculture, an estimated 860,000 plus their spouses and children could have qualified for this amnesty, so the total could have reached three million or more. The potential recipients of the amnesty would have been required to prove 100 days of agricultural employment in the 18-month period that ended Aug. 31, 2003. Then, prior to receiving amnesty, workers would have had to show 360 days of additional farm work over the next six years.
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Rep. Abercrombie voted not to enforce the border by voting AGAINST 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. Abercrombie, along with 151 other House Democrats, signed a letter to President Clinton saying he would sustain a veto of an end-of-session appropriations bill if it did not include an amnesty. This was an action in support of Rep. Conyer's amnesty act, H.R.4966, that would have granted amnesty to some 3.4 million aliens from Central America and Haiti. This would have been the largest amnesty in the history of the country -- larger than even the 1986 IRCA Amnesty.
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Rep. Abercrombie co-sponsored H.R.3553 which would have rewarded almost 1.2 million illegal aliens from El Salvador, Guatemala, Honduras and Haiti by putting them on the path to U.S. citizenship. This amnesty would have been IN ADDITION to the one passed in 1997 for almost one million Cubans, Nicaraguans and other long-time resident illegal aliens from Central America.
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Given the chance to vote against a notorious pro-illegal immigration program called Section 245(i), Rep. Abercrombie declined. The Section 245(i) 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 supposed 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 -- if passed -- would make it clear that the House wanted the Conferees to kill the Section 245(i) program. Immigration lawyers lobbied the House vigorously to keep what to them was a lucrative program. Rep. Abercrombie was part of a 268 to 153 House majority that refused to “instruct” the Conferees to kill the program. Despite the vote, House Conferees worked hard to kill the program and succeeded.
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Rep. Abercrombie in 1996 was on the losing side of the 333-87 passage of H.R.2202. He voted AGAINST the large omnibus bill which authorized major increases in border patrol forces. The bill 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. Abercrombie voted AGAINST the Gallegly Amendment to H.R.2202. That amendment 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 to participate in programs to keep illegal aliens from taking jobs.
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Rep. Abercrombie voted IN FAVOR of the Chabot Amendment to H.R.2202. He was part of a coalition of pro-business conservatives and liberal civil libertarians who tried to use the amendment to kill the establishment of a voluntary pilot programs in high-immigration states. The programs were intended to 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. Rep. Abercrombie was unsuccessful in stopping the voluntary verification system. The Chabot Amendment failed by a 159-260 vote.
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Tell Representative Abercrombie what you think of
his immigration record. |
| Phone: |
(202) 225-2726 |
| Fax: |
(202) 225-4580 |
| E-Mail: |
email available via website. | | Website: |
www.house.gov/abercrombie/ |
| D.C. Address: |
1502 LHOB, US House of Representatives
Washington, DC 20515
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District Office | 300 Ala Moana Boulevard
Room 4-104
Honolulu, HI 96850
(808) 541-2570 (V), (808) 533-0133 (F) |
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