Tried to end chain migration in 1996

Rep. Nethercutt 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. Nethercutt 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. Nethercutt voted against that much-more congested future.

Cosponsored comprehensive immigration reform in 2002

Rep. Nethercutt cosponsored H.R. 5013, the SAFER Act of 2002. H.R. 5013 contained much needed security reforms such as increased Border Patrol agents and INS inspectors, as well as screening and tracking of aliens in the U.S. As well H.R. 5013 included immigration related anti-terrorism measures that would prevent the granting of visas to aliens known to be affiliated with terrorists. This bill, in tackling many of the provisions necessary for an effective interior enforcement strategy would have reduced the number of people entering the country who are likely to become illegal aliens. It would also have reduced permanent immigration by eliminating the visa lottery and chain migration categories. Current legal immigration levels have grown from less than 300,000 in 1965 to around a million annually in recent years primarily because of “chain migration” resulting from 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 U.S. Commission on Immigration Reform, chaired by the late Barbara Jordan, recommended doing away with the adult relative categories (begun only in the 1950s) in order to protect America’s most vulnerable workers from wage depression and job competition resulting from mass immigration.

Voted against American workers by voting for worker-importation program in 2003

Rep. Nethercutt 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.

Voted against American workers by voting in favor of worker-importation program in 2003

Rep. Nethercutt 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.

Nearly doubled H-1B foreign high-tech workers in 1998

Rep. Nethercutt 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. Nethercutt 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.

Voted in 1998 to allow firms to lay off Americans to make room for foreign workers

Before the House passed the H-1B doubling bill (H.R.3736), Rep. Nethercutt 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. Nethercutt 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. Nethercutt voted against that. The protections for American workers fell 33 votes short of passing.

Tried to create massive new foreign agriculture worker program in 1996

Rep. Nethercutt 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. Nethercutt 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.

Tried to continue foreign nurse guestworker program in 1996

Rep. Nethercutt 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.

Rep. Nethercutt has taken no action to reduce
the rewarding of illegal immigration by giving citizenship
to anchor babies.

Inviting / Repelling Illegal Aliens top

Voted for amendment to H.R. 10 to complete border fence in 2004

Rep. Nethercutt 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.

Voted in favor of amendment to H.R. 10 to increase deportation of alien terrorists in 2004
Rep. Nethercutt 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.

Voted in favor of amendment to H.R. 10 to prevent illegal aliens from entering the country in 2004
Rep. Nethercutt 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.

Voted against amendment to strip provision to make it harder for terrorists to get asylum in 2004

Rep. Nethercutt 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.

Voted against amendment to strip expedited removal for illegal aliens from H.R. 10 in 2004

Rep. Nethercutt 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.

Voted for legislation with significant illegal immigration reduction provisions in 2004

Rep. Nethercutt 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.

Voted against a Motion to Recommit with Instructions to strip significant illegal immigration reduction provisions from H.R. 10 in 2004

Rep. Nethercutt 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.

Voted against Motion to Instruct Conferees to strip key illegal immigration reduction provisions from bill in 2004

Rep. Nethercutt 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.

Voted against amendment to strip significant illegal immigration reduction provisions from H.R. 10 in 2004

Rep. Nethercutt voted against the Menendez Amendment to H.R. 10, the 9/11 Recommendations Implementation Act. H.R. 10 represented the primary legislative response in the House of Representatives to the recommendations of The National Commission on Terrorist Attacks Upon the United States (9-11 Commission). The 9-11 Commission made several recommendations with regard to immigration that, in the Commission's opinion, would increase security and help prevent a future attack. Many of the Commission's immigration recommendations were included in H.R. 10 such as provisions to: prohibit driver's licenses to illegal aliens; expedite removal of illegal aliens; increase Border Patrol and ICE agents; and prevent Federal agencies from accepting or recognizing consular ID as valid proof of identity. The Menendez Amendment would have stripped ALL of the immigration provisions from H.R. 10, thus removing all of the measures that were based upon the immigration-related recommendations of the 9-11 Commission. The Menendez Amendment failed by a vote of 203-213.

Voted in favor of giving Social Security to illegal aliens in 2004

Rep. Nethercutt voted, as part of the Appropriations Committee, against the Goode Amendment to the Labor/HHS/Education Appropriations bill. The Goode Amendment would have prohibited Appropriations funds from being used by the Social Security Administration to implement a totalization agreement between the United States and Mexico because the proposed agreement would allow illegal aliens from Mexico to collect Social Security provided they had left the U.S. or obtained legal status. The amendment failed by a vote of 20-26, which was an impressive show of support for the amendment considering the pressure against it from sources like the White House.

Voted against enforcing federal laws against sanctuary policies to protect illegal aliens in 2004

Rep. Nethercutt 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.

Voted in favor of sanctuary policies to protect illegal aliens in 2004

Rep. Nethercutt 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.

Voted to authorize the use of the military to assist in border control functions in 2004
Rep. Nethercutt 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.

Voted in favor of amendment to fight foreign IDs for illegal aliens in 2003

Rep. Nethercutt 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.

Voted to authorize the use of the military to assist in border control functions in 2003
Rep. Nethercutt 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.

Voted in committee in 2002 to increase immigration enforcement by allowing local law enforcement officials to enforce INS laws

Rep. Nethercutt voted as part of the House Appropriations Committee against the Serrano Amendment to a supplemental appropriations bill. His vote was a vote against lax enforcement of immigration laws that has contributed to the current illegal alien population of some 8-9 million in the U.S. The Serrano Amendment would have prohibited local or state law enforcement officials from enforcing certain immigration laws (also known as implementation of Section 133). The Serrano Amendment failed by a vote of 23 to 33.

Voted in committee against the Section 245(i) amnesty in 2002

Rep. Nethercutt voted as part of the House Appropriations Committee against the Farr Amendment to H.R. 4775, a supplemental appropriations bill. The Farr Amendment would have re-instated the Section 245(i) amnesty for four months. Section 245(i) grants an amnesty from the usual penalties for having broken immigration laws, which illegal aliens admit to doing in order to apply for Section 245(i). And current INS policy allows all illegal aliens who apply under Section 245(i) to remain in the U.S. during the years before a green card will actually become available. In addition, Section 245(i) removes the all-important security step of our embassies conducting background checks on potential immigrants in their home countries. Rep. Nethercutt's vote was a vote against accelerating the congestion and sprawl of American life by enticing millions more illegal aliens to move here. The Farr Amendment failed by a vote of 27-32.

Cosponsored No Amnesty resolution in 2002
Rep. Nethercutt cosponsored H CON RES 350, a resolution stating that amnesty should not be granted to individuals who are in the United States, or its territories, illegally. By cosponsoring this resolution, Rep. Nethercutt took a stand against a pattern of rewarding illegal immigrants with amnesty that has continued since 1986 and resulted in ever-higher levels of illegal immigration.

Voted FOR Section 245(i), a form of amnesty for illegal aliens in 2002

Rep. Nethercutt 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. Nethercutt 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).

Voted against a four-month extension of Section 245(i) in 2001

Rep. Nethercutt 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. Nethercutt 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.

Cosponsored H.R. 3077, legislation to prevent visa overstayers by reforming visa tracking systems.

Rep. Nethercutt cosponsored the Visa Integrity and Security Act of 2001, legislation that would implement an entry-exit tracking system for visa holders, improve the student visa tracking system, and require H-1B employers to notify authorities if H-1B visa holders never show up for the job. An entry-exit tracking system would signal authorities when people who enter the U.S. legally on visas do not leave as they should and stay here illegally, as most of the September 11 hijackers did. H.R. 3077 was the House version of S. 1518, the Visa Integrity and Security Act of 2001. This legislation would have made it much harder for visa holders to become illegal aliens by overstaying their visas and thus greatly reduce illegal immigration.

Voted to authorize troops on the border in 2001.
Rep. Nethercutt 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.

Voted in 2000 to authorize troops on the border.
Rep. Nethercutt 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.

Voted to authorize the use of troops on the border in 1999
Rep. Nethercutt 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.

Voted to kill pro-illegal alien Section 245(i) program in 1997

Nethercutt 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. Nethercutt 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.

Voted to crack down on illegal immigration in 1996

Rep. Nethercutt 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.

	Opposed mandatory workplace verification programs in 1996
	Rep. Nethercutt 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.

Tried to kill voluntary pilot programs for workplace verification in 1996

Rep. Nethercutt voted IN FAVOR of the Chabot Amendment to H.R.2202. He was part of a coalition of pro-business conservatives and liberal civil libertarians who tried to use the amendment to kill the establishment of a voluntary pilot programs in high-immigration states. The programs were intended to assist employers in verifying whether people they had just hired had the legal right to work in this country. Such verification is considered by many experts to be an essential tool for withdrawing the job magnet from illegal aliens. The verification system established by H.R.2202 did not involve an ID card. Rather it provided that when new workers wrote down their Social Security number on an application, employers could phone into a national verification system to help assure that the number was a real number and belonged to the person giving it. In earlier smaller pilot programs, businesses had hailed the verification system for making it easier for them to avoid hiring illegal aliens. Rep. Nethercutt was unsuccessful in stopping the voluntary verification system. The Chabot Amendment failed by a 159-260 vote.