| 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. DeFazio is a cosponsor of H.R. 2305, the bipartisan Security and Fairness Enhancement for America (SAFE) Act of 2009. H.R. 2305 would eliminate the visa lottery. This is a program that each year gives another 50,000 green cards to people without any regard to their humanitarian need or to what they might offer the country or to their having any family connections in the United States. It is a program that promotes massive illegal migration by people who think they may some day win the lottery and be allowed to stay in the United States. The bi-partisan U.S. Commission on Immigration Reform under the leadership of the late Barbara Jordan recommended eliminating the visa lottery.
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Rep. DeFazio is a cosponsor of H.R. 1430, the bipartisan Security and Fairness Enhancement for America (SAFE) Act of 2007. H.R. 1430 would eliminate the visa lottery. This is a program that each year gives another 50,000 green cards to people without any regard to their humanitarian need or to what they might offer the country or to their having any family connections in the United States. It is a program that promotes massive illegal migration by people who think they may some day win the lottery and be allowed to stay in the United States. The bi-partisan U.S. Commission on Immigration Reform under the leadership of the late Barbara Jordan recommended eliminating the visa lottery. This legislation was passed by a broad majority of bipartisan Members in the 109th Congress (273 - 148) as an amendment to H.R. 4437.
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Rep. DeFazio 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. DeFazio 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. DeFazio 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. DeFazio 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. DeFazio 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. DeFazio voted against that much-more congested future.
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Rep. DeFazio 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. DeFazio co-sponsored H.R.3320 (sponsored by Bilbray of Nevada) during the 103rd Congress. It was the first comprehensive immigration reduction legislation to be introduced in the House since the 1920s. It would have cut legal immigration from around one million to just under 400,000 a year. The House leadership did not bring the bill to a vote
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Rep DeFazio voted AGAINST the Smith amendment to H.R.4300 that would have maintained hard caps on most categories of immigration. Unlike, Rep. DeFazio, 143 Representatives (of 435) feared that the 1990 legislation would unleash a chain reaction that would drive immigration numbers ever upwards. They backed an amendment
that would have placed an absolute annual ceiling of 630,000 on family, worker and lottery immigration. But Rep. DeFazio helped defeat that ceiling 266 to 143.
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Rep. DeFazio was a cosponsor of H.R. 3381, the L-1 Nonimmigrant Reform Act. H.R. 3381 strengthens the rules governing the admission of L-1 intra-company transferees, adds protections for American workers, and increases the penalties for employers who violate the rules. The bill also establishes a cap of 35,000 on the number of L-1 nonimmigrants who may be admitted annually, but it exempts all L-1 visa holders who work at nonprofits in the United States.
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Rep. DeFazio 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. DeFazio 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. DeFazio cosponsored H.R. 2849, the USA Jobs Protection Act of 2003. H.R. 2849 would have implemented reforms of the H-1B and L-1 visa programs aimed at preventing American high-tech workers from being displaced by foreign workers. The legislation included important protections for American workers, including prevailing wage and no-layoff provisions. It also extended current no-layoff provisions for H-1B dependent employers to all H-1B employers. A companion bill, S. 1452, was introduced in the Senate by Senator Dodd.
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Rep. DeFazio 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. DeFazio 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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Rep. DeFazio cosponsored H.R. 2702, the L-1 Nonimmigrant Reform Act. H.R. 2702 would have provided much needed protections for American workers by preventing employers using the L-1 visa to hire foreign workers from displacing American workers to hire L-1s. It would also have made it illegal for employers to outsource L-1 visa holders to another firm and require that L-1 visa holders be paid the prevailing wage, thus removing a major incentive for employers to displace American workers.
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The House passed H.R. 3736
by a vote of 288-133. Rep. DeFazio 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. DeFazio 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. DeFazio 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. DeFazio 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. DeFazio voted against that. The protections for American workers fell 33 votes short of passing.
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Rep. DeFazio 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. DeFazio’s vote was on the side of America’s farm workers and on the side of limiting illegal immigration.
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Rep. DeFazio was part of a 262-154 majority that brought a foreign nurses guestworker program to an end. He voted AGAINST the Burr Amendment to H.R.2202. Those favoring the amendment said many rural areas had a shortage of nurses and needed the foreign workers. Rep. DeFazio was among those who contended that there are more than enough Americans trained in nursing to do the job if the pay and working conditions are appropriate.
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Rep. DeFazio 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. DeFazio 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. DeFazio 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. DeFazio cosponsored the Electronic Employment Eligibility Verification and Illegal Immigration Control Act of 2009 (H.R. 1096). This bill would establish a permanent employment eligibility verification system. More specifically, the legislation: stipulates document tracking procedures for identity verification; protects employees by allowing them to contest nonverifications; compensates employees for lost wages resulting from a nonverification error; limits data collection to protect against identity fraud; allows employers to verify current employees within two years of enactment; requires federal, state, and local governments to verify all employees within 3 years of enactment; requires all employers to verify all employees within 6 years of enactment; phases out the current basic pilot program after two years of enactment; increases penalties for hiring illegal aliens; requires verification for subcontractors; and requires secure and machine-readable Social Security cards after nine months of enactment. Rep. Jim Marshall (D-Ga.) is the bill’s main sponsor.
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Rep. DeFazio 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. DeFazio 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. DeFazio 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. DeFazio 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. DeFazio 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. DeFazio 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. DeFazio 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. DeFazio 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. DeFazio 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. DeFazio is a cosponsor of H.Res. 18 to express the House's disapproval of the U.S-Mexico Social Security totalization agreement signed June 29, 2004. If allowed to go into effect, the U.S.-Mexico totalization agreement would have the effect of allowing illegal aliens from Mexico working under bogus names and fraudulent social security numbers to apply for Social Security benefits -- once they either leave the United States or obtain legal status.
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Rep. DeFazio 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. DeFazio 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. DeFazio 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. DeFazio 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. DeFazio voted in favor of the Tancredo Amendment to H.R. 5541, the fiscal year 2007 Department of Homeland Security (DHS) appropriations bill. The Tancredo Amendment would prohibit funds appropriated by H.R. 5441 from being used to administer the continuation of Temporary Protected Status (TPS) for nationals of Guatemala, Honduras, or Nicaragua announced by DHS before the bill's enactment. Temporary Protected Status provides a temporary amnesty for certain illegal aliens from designated countries. The Tancredo Amendment failed by a vote of 134-284-1 (the "1" was a "present" vote).
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Rep. DeFazio 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. DeFazio 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. DeFazio 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. DeFazio 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. DeFazio 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. DeFazio 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. DeFazio 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. DeFazio 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. DeFazio 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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Rep. DeFazio 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. DeFazio was a cosponsor of H. Con. Res. 50, a concurrent resolution asking the President to refrain from transmitting the U.S.-Mexico totalization agreement to Congress. Passage of this resolution is critical to preventing the agreement from taking effect. The resolution would send a strong message to the President that he should immediately disapprove of the totalization agreement, and it also conveys to the Commissioner of Social Security that she should withdraw from any further totalization negotiations with Mexico. H. Con. Res. 50 is crucial to preventing a massive giveaway of social security funds to illegal aliens from Mexico, which would create yet another incentive for illegal immigration.
The purpose of totalization agreements is to protect the retirement and disability benefits of workers from one country who work in another country for a period of time, and to prevent such workers and their employers from having to pay Social Security taxes in both countries at the same time. Current U.S. law authorizes the SSA to enter into totalization agreements with foreign countries, unless either house of Congress disapproves the agreement. Once an agreement is signed by the SSA, it must be reviewed by the State Department and the White House and then presented to Congress. The agreement automatically takes effect 60 legislative days (i.e., days when Congress is in session) after it is presented to Congress unless either the House or the Senate passes a resolution of disapproval. Under the totalization agreement between the U.S. and Mexico, illegal aliens from Mexico working under bogus names and fraudulent Social Security numbers can apply for Social Security benefits -- both retirement and disability benefits -- once they either leave the United States or obtain legal status (e.g., through an amnesty, by marrying a U.S. citizen, etc.). The then-INS in 2000 estimated that there were almost five million Mexicans residing in the United States illegally, and that they represented almost 69 percent of all the illegal aliens in the United States at that time. Obviously, the cost of a totalization agreement with Mexico that permits all of these illegal aliens to apply for Social Security benefits for themselves and their dependents would be enormous. More importantly, though, is that such an agreement would create an incentive for even more illegal immigration from Mexico.
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Rep. DeFazio 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. DeFazio 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. DeFazio 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. DeFazio is a cosponsor of H. Res. 20, a resolution expressing the disapproval of the House of Representatives of the Social Security totalization agreement between the United States and Mexico. The purpose of totalization agreements is to protect the retirement and disability benefits of workers from one country who work in another country for a period of time, and to prevent such workers and their employers from having to pay Social Security taxes in both countries at the same time. Current U.S. law authorizes the SSA to enter into totalization agreements with foreign countries, unless either house of Congress disapproves the agreement. Once an agreement is signed by the SSA, it must be reviewed by the State Department and the White House and then presented to Congress. The agreement automatically takes effect 60 legislative days (i.e., days when Congress is in session) after it is presented to Congress unless either the House or the Senate passes a resolution of disapproval. Under the totalization agreement between the U.S. and Mexico, illegal aliens from Mexico working under bogus names and fraudulent Social Security numbers can apply for Social Security benefits -- both retirement and disability benefits -- once they either leave the United States or obtain legal status (e.g., through an amnesty, by marrying a U.S. citizen, etc.). The then-INS in 2000 estimated that there were almost five million Mexicans residing in the United States illegally, and that they represented almost 69 percent of all the illegal aliens in the United States at that time. Obviously, the cost of a totalization agreement with Mexico that permits all of these illegal aliens to apply for Social Security benefits for themselves and their dependents would be enormous. More importantly, though, is that such an agreement would create an incentive for even more illegal immigration from Mexico.
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Rep. DeFazio 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. DeFazio 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. DeFazio 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. DeFazio 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. DeFazio 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. DeFazio 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. DeFazio 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. DeFazio 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. DeFazio voted against the Oxley Amendment (H. AMDT 754) to strip the Culberson Amendment from H.R. 5025, the Transportation, Treasury, and Independent Agencies Appropriations bill. The Culberson amendment would have prohibited the Treasury Department from using any of the funding in the bill to publish, disseminate, authorize or enforce regulations that permit or allow financial institutions to accept the Mexican matricula consular ID card. The Culberson amendment was intended to send a clear message to the Treasury Department and to financial institutions that Mexican matricula consular ID card is neither a secure nor acceptable forms of ID. While it would not have actually required Treasury to change the current regulations which permit financial institutions to accept consular ID cards (rules governing amendments to appropriations bills would not permit such a requirement), it would have made those regulations unenforceable, which is a strong incentive for Treasury to change them. Rep. Oxley offered an amendment to strip the Culberson Amendment from the bill. The Oxley Amendment passed by a vote of 222-177.
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Rep. DeFazio 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. DeFazio 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. DeFazio 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. DeFazio 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. DeFazio 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. DeFazio 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. DeFazio 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. DeFazio cosponsoredH.R. 655, a bill that would have prevented illegal aliens from being able to use a driver's license as a legal form of identification. H.R. 655 would have prohibited Federal agencies from accepting for any identification-related purpose a State-issued driver's license unless the State requires a license to a nonimmigrant alien to expire upon the expiration of the alien's authorized period of stay in the United States. Its effect would have been to make it more difficult for an illegal alien to operate in the U.S. by preventing them from having access to a driver's license -- a gateway to other documents.
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Rep. DeFazio 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. DeFazio cosponsored H.R. 502, a bill requiring a secure and verifiable ID be used to obtain Federal public benefits. H.R. 502 would have prohibited federal agencies from accepting non-verifiable ID documents issued by foreign governments, such as the matricula consular. H.R. 502 would have permited acceptance only of ID cards issued by a federal or state government authority. 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. DeFazio 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. DeFazio 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. DeFazio 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. DeFazio voted on the floor of the House IN FAVOR OF a motion to suspend the rules and pass H.R. 1885, a four-month extension of Section 245(i), which is a de facto amnesty in that current federal policy did not deport illegal aliens once they applied for Section 245(i) and allowed them to remain in the U.S. for years until they were allowed to become official immigrants. The vote on the four-month extension represented a compromise of the White House push for a longer extension. Even though the four month extension was better than a year-long or permanent extension, it still would have resulted in at least 200,000 more people being added to the country through illegal immigration. Rep. DeFazio was part of a 336-43 majority voting in favor of the four-month extension of Section 245(i). It did not become law, though.
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Rep. DeFazio 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. DeFazio 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. DeFazio, along with 70 other House Democrats, refused to sign a letter to President Clinton supporting a veto of an end-of-session appropriations bill if it did not include a massive amnesty. Rep. DeFazio resisted great party peer pressure by not signing -- 151 other House and Senate Democrats signed the
letter saying they were willing to shut down the Federal government over an amnesty for 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. DeFazio 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. DeFazio was one of only 86 Representatives who took the tougher-on-illegal-immigration side during the voting on the Gallegly Amendment to H.R.2202. He voted IN FAVOR of the amendment which would have made pilot workplace verification programs (see above) mandatory in five of the top seven immigration states. The amendment failed 86-331 under complaints that businesses and states should have more choice in whether they participated in workplace programs to keep illegal aliens from taking jobs.
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Rep. DeFazio 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. DeFazio was part of a 260-159 majority that preserved the voluntary pilot programs.
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Tell Representative DeFazio what you think of
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