| 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. Baker 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. Baker 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. Baker 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. Baker 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. Baker 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. Baker voted against that much-more congested future.
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Rep. Baker 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. Baker 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. Baker was a member of the bipartisan Congressional Immigration Reform Caucus in the 109th 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 includes efforts to improve interior enforcement and border control; deny automatic U.S. citizenship to children born to illegal aliens; and lower immigration levels, including revisiting the recommendations of the U.S. Commission on Immigration Reform that suggested eliminating chain migration and the visa lottery. Joining the Caucus is one way in which Members can show their support for lower immigration numbers.
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Rep. Baker was out ahead of other Members of Congress in support of immigration reform. He was a member of the Congressional Immigration Reform Caucus. The Immigration Reform Caucus was established 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 includes interior enforcement, border control, and lower immigration levels, including revisiting the recommendations of the U.S. Commission on Immigration Reform. Joining the Caucus is one way in which Members can show their support for lower immigration numbers.
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Rep. Baker cosponsored H.R.373 (the Stump Bill) during the 104th Congress. That bill would have cut legal immigration from around one million to below 300,000 a year – near the traditional American level of immigration. The House leadership did not bring the bill to a vote.See detailed description.
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Rep. Baker cosponsored H.R.2162 (the Archer Bill) during the 104th Congress. That bill would have cut legal immigration from around 1 million to below 400,000 a year. The House leadership did not bring the bill to a vote.
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Rep. Baker voted for the Smith amendment to H.R.4300 that would have maintained hard caps on most categories of immigration. If Rep. Baker?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. Baker, 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. Baker 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. Baker cosponsored the Save Our Small and Seasonal Businesses Act of 2007 (HR 1843). The bill would would exempt any alien who has been present in the United States as an H-2B nonimmigrant worker for any one of the previous three fiscal years and who is returning to work as an H-2B from counting against the 66,000-per-year cap on H-2B visas (i.e., potentially tripling the number of H-2Bs in the U.S. at any one time); and would make these provisions effective for five years, beginning October 1, 2007.
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Rep. Baker 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. Baker is a cosponsor of H.R. 793, the Save Our Small and Seasonal Business Act of 2005, to amend the Immigration and Nationality Act to limit the timing of issuance of H-2B visas during a fiscal year. Specifically, H.R. 793 would split the H-2B visa cap so no more than 33,000 visas are made available for the first six months the fiscal year, and another 33,000 visas would be available in the second half of the year. HOWEVER, H.R. 793 exempts from the annual cap aliens granted an H-2B visa within three years prior to approval of an H-2B petition, thus potentially TRIPLING the number of H-2B workers in the United States at any one time. Although timing the issuance of H-2B visas is a common-sense approach that would help prevent the situation that occurred in FY 2004 and FY 2005 when the 66,000 annual cap on H-2B (low-skill) nonimmigrant visas was hit within the first quarter of the year, H.R. 793 would ultimately harm American workers by creating exemptions which potentially could triple the number of H-2B workers in the U.S. at any given time.
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Rep. Baker 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. Baker 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. Baker helped the House pass H.R.3736.
Enacted into law, it increased by nearly 150,000 the number of foreign workers 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. Baker voted for more foreign workers even though U.S. high tech workers over the age of 50 were suffering 17% unemployment and U.S. firms were laying off thousands of workers at the time.
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Before the House passed the H-1B doubling bill (H.R.3736), Rep. Baker 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. Baker 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. Baker voted against that. The protections for American workers fell 33 votes short of passing.
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Rep. Baker 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. Baker 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. Baker 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. Baker 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. Baker is a cosponsor of H.R. 698, the Citizenship Reform Act of 2005, 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. Baker cosponsored H.R. 1567, the Citizenship Reform Act of 2003, legislation that would have 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 200,000 a year according to U.S. Census data. 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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In the 105th Congress, Rep. Baker was one of 45 Representatives who co-sponsored H.J.Res.26 (Foley bill). This was a constitutional amendment to forbid giving citizenship to babies of illegal aliens. U.S. The House leadership did not bring the bill to a vote.
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In the 104th Congress, Rep. Baker joined 44 other Representatives in cosponsoring H.R.1363 (the Bilbray Bill) to halt the automatic granting of U.S. citizenship to babies born to illegal-alien mothers in the United States. The House leadership did not bring the bill to a vote.
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and increase interior enforcement in 2007
Rep. Baker 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. Baker 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. Baker 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. Baker 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. Baker 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. Baker 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. Baker 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. Baker 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. Baker 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. Baker voted in favor of 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. Baker 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. Baker 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. Baker 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. Baker 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. Baker 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. Baker 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. Baker 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. Baker 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. Baker 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. Baker 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. Baker 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. Baker 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. Baker 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. Baker 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. Baker 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. Baker 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. Baker 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. Baker 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. Baker 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. Baker 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. Baker 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. Baker 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. Baker voted against a Motion to Instruct Conferees on S. 2845, the National Intelligence Reform Act of 2004. S. 2845 represents 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 contains NO effective immigration provisions. Alternatively, H.R. 10 represents the primary legislative response in the House of Representatives to the 9-11 Commission. It contains 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. Baker voted, as part of the Financial Services Committee, against the Royce Amendment to H.R. 10, the 9/11 Recommendations Implementation Act. The Royce Amendment was an amendment in the nature of a substitute to limit the forms of identification that may be accepted from non-United States persons by financial institutions. This would have prevented illegal aliens from using insecure documents such as consular-issued ID cards for banking services. The Royce Amendment failed by a vote of 22 to 47.
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Rep. Baker 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. Baker 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. Baker 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. Baker is a cosponsor of H.R. 3452, the Visitor Information And Security Accountability (VISA) Act. H.R. 3452 would help reduce illegal immigration by authorizing Congress to use the military to secure the borders. As well, H.R. 3452 contains provisions that would limit the release of aliens in removal proceedings, thereby reducing the number of illegal aliens with standing deportation orders who are able to disappear before they are deported.
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Rep. Baker 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. Baker 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. Baker 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. Baker 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. Baker 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. Baker 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. Baker 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. Baker 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. Baker voted on the floor of the House AGAINST a motion to suspend the rules and pass H.R. 1885 a four-month extension of the Section 245(i) amnesty. 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. Baker was one of only 43 Representatives who voted against the four-month extension of 245(i). The final vote was 336-43 in favor of the four-month extension. It did not become law, though.
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Rep. Baker 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. Baker 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. Baker 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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Baker 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. Baker 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. Baker 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. Baker 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. Baker 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. Baker was part of a 260-159 majority that preserved the voluntary pilot programs.
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