Utah’s Sanctuary Link To An Illegal Immigrant Cop Killer

During President Trump’s address to Congress, he had the widows of Officers Michael Davis and Danny Oliver in attendance. An illegal immigrant, Luis Enrique Monroy-Bracamonte (aka Marcelo Marquez), had murdered them.

Looking up the case, one finds a Utah link of neglected opportunities in CBS Sacremento’s article “How Did Luis Enrique Monroy-Bracamonte Hide In United States Illegally Until Deputy Killings?” Apparently, Mr. Bracamonte was a return client to law enforcement and the revolving border door:

Luis Enrique Monroy-Bracamonte had a lot to hide. He was living in the United States illegally, had been convicted in Arizona for selling drugs and twice deported to Mexico.

Eventually, he and his wife moved from Arizona and settled in West Valley City. However, he still had brushes with the law:

A search of Utah court records for Marcelo Marquez shows a history of about 10 tickets and misdemeanor traffic offenses between 2003 and 2009, which typically don’t trigger a fingerprint check against immigration records. The records list one speeding ticket in 2009 and three small claims filings attempting to collect outstanding debts.

One of the traffic offenses was more than a minor parking ticket, it was a hit-and-run:

Police in West Valley City, Utah, said they took a fingerprint from a man using the name Marcelo Marquez during a misdemeanor hit-and-run arrest in 2003.

However, Utah authorities say fingerprints from such suspects are not regularly entered into a database that would flag other arrests in the US or deportations.

Fortunately, Utah is an accommodating State for illegal immigrants. Salt Lake City Police Chiefs consistently and explicitly state that they refuse to enforce immigration law. Meanwhile, the LDS Church monetarily assists illegal immigrants (via fast offerings), pushes “compacts” intended to lead to amnesty, and lobbies the state legislature to pass clearly unconstitutional legislation (among it’s myriad of flaws).

The Salt Lake Chamber of Commerce (via Senator Curt Bramble “Bramnesty”), in an apparent lust for cheap labor, heads up efforts at the Utah legislature as well for the aforementioned legislation and fights tooth-and-nail to block legislation that would address enforcement or even identity theft prevention measures like E-Verify (illegal immigrants frequently engage in employment-related ID theft, leaving victims in their wake).

This welcoming sanctuary coupled with flouting established law has consequences. In this case, enforcement officers bore those consequences:

Two deputies who approached the pickup while it was parked alongside a road were shot with an AR-15-type assault weapon, police said. Homicide Detective Michael David Davis Jr., 42, died at a hospital.

Despite being illegally in the United States and a convicted felon, Bracomonte, aka Marquez, had illegally obtained a firearm  and, despite multiple police stops while he was using his Driving Privilege Card which clearly identified him as someone who could not provide proof of legal presence in the United States,  no law enforcement officer saw fit to check with or hold him for immigration authorities nor even run his fingerprints. After all, they were just following the policy established by their police chiefs and elected officials. However, had just one officer checked his immigration status or entered his fingerprints in the above database, he could have been incarcerated for illegal re-entry and two lives would have been saved.

It’s no wonder the Mexican Consulate plans on aiding illegal immigrants in Utah with legal assistance to fight deportation. If you were Mexico, would you want someone like Mr. Bracamonte/Marquez to ‘come home’? No, especially when you have a state and with leaders so willing to enable his presence and turn a politically-correct blind eye to his crimes and the victims left behind.

Trump Wins And The Work Begins

I was not in the #NeverTrump camp, quite the contrary. Am I happy he won? Sure, we have temporarily dodged a bullet. I’m not going to rain on anyone’s parade so despite writing this the day Trump became President-elect, I held off posting this until today.

Let’s start with the good. Trump’s election shows that the electorate (particularly the blue-collar middle class) has soundly rejected:

  • Crony capital schemes (on a national level, at least) – Enough with the sweetheart deals for the politically connected. Nobody has ever liked them and everyone is sick of getting them shoved down their throats by the political class.
  • Obamacare – Trump was clear on this and people have been clear on it for years after everyone was forced to eat that crap sandwich via unconstitutional and unethical congressional maneuvers. Much of this goes hand-in-hand with the point on crony capital schemes.
  • Political correctness and the politically correct despots (“Social Justice Warriors”) – I never bought into the SJW tyrants and their ‘good for thee not for me’ rules. That includes their media enforcers.
    Certainly, SJWs and their main stream media enforcers will continue to try to personally destroy anyone who opposes their absurd rules. They’ll also continue to try and extort businesses into capitulation. But maybe this indicates a turning point of people finally telling them to pound sand and returning to the capability to vehemently disagree and understanding that being offended isn’t a crime. I also hope this will indicate a willingness to take people on their intents (everyone misspeaks and says stuff they regret in the heat of a moment) rather than solely seeking to set traps and savage them with innuendo and effectively strangle free-speech* (critical to a nation’s health).
  • The elite and their double standards – People are tired of the ivory tower dwellers telling us they know how to run our lives better than we do. Basically, see the above for starters. Glaring examples include exemptions from laws that affect others (eg insider trading) and all the crony back-room deals and preferential treatment in economics and media. The incestuous Washington DC cabal needs to end. Succinctly, Drain The Swamp!
  • Open borders – People are not at all interested in open borders. While Americans are compassionate, we aren’t foolish and willing to trash the nation. If you kill the goose, you have no golden eggs to be compassionate with. Both illegal and legal immigration need to be addressed (including “anchor baby” rules – no more birth tourism and auto citizenship for those illegally here). Build the wall (and pass E-verify) and improve the entry process!
  • Oligarchy – People want a real rule of law. They want Lady Justice blind. Hillary represented oligarchy with the obvious capricious application (exemption) of laws that would have any other person in prison.

Ok. Now for the rain on the parade. I don’t trust Trump. I have hopes but I don’t trust him and that’s a good thing. As Hamilton said in Federalist 25:

For it is a truth, which the experience of ages has attested, that the people are always most in danger when the means of injuring their rights are in the possession of those of whom they entertain the least suspicion.

Trump’s died-in-the-wool supporters and those who voted for him can’t be naive and think the above rejections are on autopilot. Not even close and I don’t trust Trump to fully follow through. SJWs, the media, entrenched politicians and corny capitalists are going to fight like hell so you better plan on doing so as well. Furthermore, I also implore people to not give into the expediency of getting something they want but gauge such through the filter of Constitutional propriety. I plan on fighting Trump if he blows off constitutional bounds ala Obama. Mike Lee and Ted Cruz I hope will also help beat the drum on this as well. Again, this is only the beginning.

The first and most crucial step to national restoration is to repent and turn to God. We need to pray for a return to divine values and righteousness as a nation. Certainly this includes praying for Trump to do so as well but the course of a nation and it’s acceptance of God’s grace and blessings is the duty of the people, not just their leaders. This starts with you.

Along with a return to God, we need a return to constitutional values and respect. The two really goes hand-in-hand. Please read the Constitution, read the Federalist Papers, discuss them with your children, friends and co-workers and press for them to be taught in schools.

Now, let’s go Make America Great Again.

*If unfiltered free speech floats your boat, look at Gab.ai as an alternative to Twitter. Twitter and Facebook have shown themselves to be SJW-dominated (including site ownership/admin) tyrants. Gab gives you the power to set your own filters (rather than being imposed on you by big brother Jack) and engage as wide or limited points-of-view you desire. And, no, I’m not affiliated with Gab other than just being a user.

Tony Yapias Charged With Rape

I was going to just post this on the Utah Rattles microblog but my comments and two articles made it too long and better suited here.

I didn’t know him on a deeply personal level so I can’t comment on his personalty. I know he liked playing the race card against people opposed to him. Nevertheless, this just about knocked me over when I saw it. I’m still shocked.

The article seems to indicate that he may have used her “immigration status” as leverage.

Prominent Latino activist Tony Yapias charged with rape

The defendant was also aware of the victim’s immigration status. As part of the text exchange on March 21, court documents indicate, Yapias stated: ‘I’m at meeting about immigration with representatives from Washington D.C.’

SL Trib article clarifies why Davis County will be prosecuting this instead of Salt Lake County:

Salt Lake County District Attorney Sim Gill said police initially brought the case to his office, but he asked Davis County to take over. Gill said he has known Yapias for years, their paths crossing in Utah Democratic Party circles and on community work on immigration issues. Gill said he had appeared on Yapias’ radio show during the previous election cycle, so he passed the case on to another prosecutor to avoid any possible conflicts.

They aren’t kidding when they say he was prominent, either. He was a lead in lobbying the LDS Church on the Utah Compact (I think he’s even in the photo op from that) and, as I recall, was also a staunch opponent of e-verify and big proponent of HB 116 likely teaming with LDS Church lobbyists, Senator Bramble, and the Salt Lake Chamber of Commerce to lobby for the bill’s passage. He also coordinated a bunch of the amnesty marches in Salt Lake. So yea, he was prominent.

Everyone is innocent until proven guilty so we’ll see where this goes but based on the evidence presented in the article this doesn’t sound like it will end well for him. I’m still dumbfounded at this whole thing.

Rapid Principles of Immigration Reform And Amnesty (2014)

Back in 2007 I put together a set of immigration reform suggestions (click here for the the final post that includes links to the other reforms). Please note, that those were very much a first draft and there are several things I would change (especially regarding when “z visas” could be allocated – primarily thanks to Obama’s unconstitutional use of executive action).

I thought it was time again to put up some principles those suggestions were founded on. This is just a very quick set of thoughts. Nothing more.

Separate Bills

No omnibus or comprehensive behemoths no one can read nor debate and vet. All bills will be publicly available for review a minimum of one week days prior to a vote. If amended, the same applies prior to the final vote on passage.

Enforcement First

The federal government has proven itself entirely untrustworthy of implementing enforcement measures (we’ve been burned on various occasions to include the 1986 amnesty). That adage goes “fool me once…” and we’ve been fooled more than twice. Enough.

E-verify is fully implemented prior to any amnesty being granted. Those here illegally will remain such and likely retain their current jobs as E-verify only applies to new hires. Turning off the job magnet will greatly help the situation. Enforcement also includes heavy fines for businesses who violate E-verify requirements and don’t check their new hires – this should also help reduce human trafficking.

Enforcement targets will be defined and must be met. Thanks to Obama’s stunt, an agreement will be necessary that no executive actions will delay enforcement measures and targets nor can an action begin issuance of amnesty provisions prior to the above being met. Doing so, should automatically trigger funds being removed or not allocated to the amnesty program and the program to immediately cease operations.

Truthfully, the way Obama doesn’t care about constitutional norms, I really don’t think it would be wise to deal with him at all on this – it would be fine to pass the enforcement provisions but wait for the next president to negotiate with on amnesty (Obama has proven himself entirely capricious and totally untrustworthy). He really screwed this whole thing up with his latest unlawful stunt. I hope the next president won’t be so prone to fits of executive fiat when s/he doesn’t get their exact way. At least waiting for the next president would give us time to find proper means for decent background checks and entry verification.

No Taxpayer Burden

Taxpayers will foot no bill whatsoever. The illegal immigrants and/or their employer will pay the full cost of any amnesty program. Amnesty recipients will be permanently disqualified from public benefits (private charities are not barred from providing assistance) excluding emergency, life-saving care and law enforcement assistance. Employers must provide a bond for their amnestied worker and provide health insurance (no corporate welfare subsidies by taxpayers).

Identity Theft disclosure and Restitution

It is no secret that illegal immigrants use stolen social security numbers (often of children) and fraudulent documents (see this week’s report on ABC4: Child identity theft in Utah is growing, but you can protect your children*. They must disclose those used and pay restitution to the victims. Failure to do so, would result in legalized status termination and they are deported.

Proper Background Check

It will probably take a couple of years to find new and effective methods for illegal alien background checks and verify time in country. We want to be able to prevent document fraud related to establishing time in country and identity for background checks (find means to verify with utilities, other record keeping agencies). I prefer no amnesty for those here less than eight years – ie when the last amnesty was attempted. A two year time period for this type of study will also be enough time to get a reasonable president in office who won’t arbitrarily torpedo efforts.

No Citizenship, No Chain Migration

Simple as that. They are entirely ineligible from becoming citizens (even if they marry one) and can not petition for additional family members from entering.

Terminate Birth Citizenship

Include a provision that ends the practice of granting citizenship children born to those illegally within the country.

Fairness to Prospective Legal Immigrants

System revamped to give priority to those who actually respected our laws enough to wait in their home countries. This can be done prior to enforcement measure implementation since it does not pertain to illegal aliens. The system needs to be more efficient.

Seasonal Labor

Consider partnering with temporary labor agencies (private sector) to provided bonded labor for those who need seasonal labor. This also could be done right away as it doesn’t pertain to illegal aliens.

I may add to this post but we’ll see… as I just wanted to keep things based on principles and not get into the weeds on details (I just don’t have the time anymore). For more details, refer to the first link above and associated posts I put up years ago (even those really are just a first stab that need refining).

UPDATE: A succinct read on why amnesties tend to be doomed from in inception: Why Amnesties Fail

*Note: It is highly recommended to protect you child’s credit using the instructions in the article but do note that it will not protect them from employment record corruption, fraudulent tax burdens/earnings, and/or medical identity corruption associated with unauthorized use of their Social Security Number.

Utah’s Illegal Immigration Humanitarian Border Fiasco Enablers

It’s been months since I posted here. Wish I could keep up better but time is very short so I’ll just get on with it.

For about the last month, we’ve been (and still are) witnessing a royal mess at our southern border. The crush of people coming through seems to have so overwhelmed the border patrol that we effectively have an open southern border and defacto amnesty not only for those already illegally in the United States but for the entire world as long as they can get to the Southern border.

The results of this free flow amount to an environment ripe for human trafficking, child rape and victimization, and a likely public health hazard (here too) as illegal immigrants are being transported and dropped of in various states (and let’s be honest – they ain’t showing up for their court dates). Obviously, the situation is being capitalized on by various criminal enterprises to more effectively funnel their own “products” and personnel into the US.

So who turned the magnet on that has Central Americans believing (and their media affirming) the welcome mat is out on the US southern border? Who gave them that idea and enabled all this? Nationally, it’s the usual suspects: the President, the majority of Democrats and plenty of Republicans (McCain, Grahamnesty etc), various amnesty groups, religious organizations, the US Chamber of Commerce, and a plethora of corporate welfare leaches, crony capitalists with their amoral lobbyists.

And how about on the local level?..In Utah, we have our enablers:

The Salt Lake Chamber of Commerce and it’s head, Lane Beatty. They’re the mastermind of the illegal labor/cheap labor at all costs unconstitutional Utah amnesty legislation (which is also hardly a favor to the illegal immigrants, in my estimation). They’re also the same group that sold it (and the Utah Compact sophistry) to the LDS Church to get them to lobby legislators for it’s passage. HB116 serves as an enticement that leads illegal immigrants to believe that they will be welcomed, defacto legalized, and provided for – it turns on the magnet locally. Of course, that legislation is so loused-up that implementation keeps getting delayed and the bill’s Godfather (Bramble) now plans on repealing it in a couple of years…if you trust the word of a died-in-the-wool Chicago-style politician. Meanwhile, the magnet with the promise of potential implementation stays on.

The LDS Church (at least Public Affairs) likes the Utah Compact. They intentionally continue to avoid differentiating legal and illegal immigrants, make special provisions for illegal immigrant missionaries and do so under the guise of “keeping families together”. From the get-go that line was always a farce and the current situation demonstrates this perfectly: 1. Children are leaving their families and being placed at risk and in the hands of predators to come over here under a false promise creating orphans and 2. Other children are coming here and ICE is trying to link them with family already here (ie: mom and/or dad ditched them at home when they illegally came into the US).

Better yet, a few Sundays ago I listened to a missionary report on teaching an illegal immigrant family that couldn’t be baptized because the father was still married to his first wife in Mexico (I think he left her with the kids too – so much for keeping that family together) because he couldn’t go back to get a divorce. Meanwhile he’d had children with his illegal immigrant girlfriend in the US. Well, the father died so the shack-up girlfriend wasn’t living in sin anymore and they were able to baptize the family (in the US). It was intimated that things worked out well because dad died (WTH?!). I wondered if I had somehow flipped on an LDS Jerry Springer episode!

Evidently, ditching children, shacking up and having more kids is not uncommon and is deserving of support and “prosecutorial discretion”.  One wonders which family we should keep together…

Anyway, back to our list of local enablers:

Salt Lake City Police Chief Burbank, Radio Host Doug Wright, and Former AG Mark Shurtleff. Besides being amnesty shills who set up a sanctuary city (Burbank) and helped make Utah a sanctuary state, they also find illegal immigrant identity fraud funny.

Senator Curt Bramble (and HB116 supporters in the Legislature). See the Salt Lake Chamber of Commerce section for details.

Paul Mero and The Sutherland Institute. Open borders folks who also supported HB116. I’m still not sure if their often inept political posturing isn’t actually a hindernace to the Utah amnesty push but they’re big amnesty proponents.

Senator Orrin Hatch – an early DREAM Act proponent (with his ousted compatriot, Bob Bennett who was outwardly supportive of amnesty). Hatch has been co-opted by the crony capitalists and high tech rich kids like Mark Zuckerberg (such as a  traveling and monetary relationship ).

Governor Herbert’s lackluster leadership on this issue (especially E-Verify) and coziness with the Salt Lake Chamber, even heading to DC to do their bidding and, of course, signing Utah’s amnesty bill.  Let’s also not forget the House and Senate leadership at that time (eg Speaker Becky Lockhart and and former Senate President, Michael Waddoups). Lockhart and others have also just doubled down to keep the orphan magnet flowing with a letter to congress to shove amnesty down our throats:

Senate President Wayne Niederhauser, House Speaker Becky Lockhart, House Majority Leader Brad Dee and 23 other GOP legislators — joined by former U.S. Senator Jake Garn — signed the letter.

The other usual suspects – amnesty and race-focused groups, Tony Yapias, etc. etc.

I’m sure we can expect them all to step up and personally fund medical care, child and adult victim rape/abuse counseling, housing, transportation, resettlement (keeping families together, of course), and education for all the illegal immigrants entering thanks to their promises. Surely, they’ll continue to do so in perpetuity so as to avoid any costs to taxpayers and those supportive of actually obeying laws both personally and in business and to avoid employment-related identity theft by the illegal immigrants (and avoid child victims of this identity theft). Surely they’ll pay for the humanitarian crisis they’ve created and provide for the orphans they’ve created.  Or are victims just collateral damage and enablers’ foreseeable mess something the rest of us are on the hook for?

So let’s keep enticing people to enter illegally with promises of amnesty, tax-subsidized in-state tuition, and free transportation to their final destination, among other programs. What could go wrong?

Inspector General Slams IRS For Turning Blind Eye To Victims Of Illegal Immigrant Identity Theft

As you know, the IRS has been called out by the Treasury Inspector General (IG) for allowing billions in fraudulent returns to be diverted to illegal immigrants. Now the Social Security Administration IG is slamming the IRS for allowing companies and illegal immigrants to use stolen and fraudulent Social Security Numbers for employment. The full audit report is available here (PDF) – please read it (it’s short).

This type of W-2 mismatching has been going on for decades and the large proportion engaging is this are illegal immigrants (and the businesses who hire them):

…a senior employment tax official at the IRS acknowledged that unauthorized noncitizens accounted for a high percentage of inaccurate wage reporting.

Furthermore, this is anything but a victimless crime. Unfortunately, many of those victims are children:

But, the audit determined, no-match W-2s were more likely to be filed using a real Social Security Number that belonged to someone other than the person on whose behalf the W-2 was filed. “SSA had assigned the remaining 2 million (80 percent[*]) SSNs to someone else,” said the report. “About 380,000 of these belonged to young children, and about 258,000 belonged to deceased individuals.”

The IG reminds the agency that “…intentional misuse of a Social Security Number is a felony…” and castigates them for looking the other way. The IG has an uphill battle, however. I think the IRS is essentially taking a cue from political elites, business elites, and amnesty groups. All consistently ignore the massive identity theft problem accompanying illegal immigration and fight against measures like E-Verify which would almost eliminate child identity theft. To wit, the Gang of Eight illegal immigration amnesty bill provides explicit amnesty from this felony (for individuals and businesses), levies a $10,000 fine against any processing employee reporting the breach to the victim, and undermines E-Verify implementation.

Count on this report being ignored by the media and their favored allies.

*Note: The remaining 20% were not assigned numbers. These will eventually be assigned which leads to babies being “born into identity theft” or legal immigrants etc being assigned a corrupted identity.

UPDATE: Be aware that the report analyzed a subset of filings (only 200 companies) which indicates that actual numbers of victims are orders of magnitude higher than what is in the report.  The numbers related to children are only for 0-13 years of age.  This means the 1.35 million SSN mismatches (from 200 companies over 3 years) includes children 14-17. The SSA IG directly confronts the driver of the mismatches (ID theft):

In previous reports, SSA acknowledged unauthorized noncitizens intentional misuse of SSNs has been a major contribute to the ESF’s growth.

As does the IRS:

Furthermore, a senior employment tax official at the IRS acknowledged that unauthorized noncitizens accounted for a high percentage of inaccurate wage reporting.

Finally, the SSA IG exposes the unethical businesses and their IRS enablers [emphasis added]:

SSA staff told us employers hired unauthorized workers because nothing prevented them from doing so.  That is, employers know SSA had no legal authority to levy fines and penalties, and they were not concerned about potential IRS sanctions.  Several of the industry associations we contacted acknowledged that unauthorized noncitizens contributed to SSN misuse.

2013 Gang Of Eight Bill (S.744) – Meet The New Boss, Same As The Old Boss (June UPDATES)

Note: For timely updates, see the twitter feed (there are too many updates/reports to post here – I can only update once a week or so).

Illegal immigrants remain a large driver of employment-related identity theft (they need a Social Security Number (SSN) to work).  In 2005, in a New York Times article, the chief actuary of the Social Security Administration noted that 75% file earnings and thus use a fraudulent number to do so.  This identity theft often involves your victims (children) as their SSNs are highly valued (they don’t check their credit etc) and fraudulent number that are “made up” are eventually assigned to a newborn (and they are born into identity theft). This crime involves real victims and real damage in earnings, tax, medical, and credit records.

Illegal immigrants remain a large driver of employment-related identity theft (they need a Social Security Number (SSN) to work).  In 2005, in a New York Times article, the chief actuary of the Social Security Administration noted that 75% file earnings and thus use a fraudulent number to do so.  This identity theft often involves your victims (children) as their SSNs are highly valued (they don’t check their credit etc) and fraudulent number that are “made up” are eventually assigned to a newborn (and they are born into identity theft). This crime involves real victims and real damage in earnings, tax, medical, and credit records.

In 2007, I reviewed the amnesty bill that was ultimately defeated.  I noted various significant problems with the bill rendering it unacceptable and unworkable as it stood.  I also noted that the bill was overly intricate, loopholes/vagaries made enforcement measures unlikely, and the bill a major amnesty push.  Six years later, I’m now trying to review a much larger, more intricate bill…and things seem awful familiar.

Just as in the 2007 amnesty attempt, the “Gang of Eight” legislation (S744 – Border Security, Economic Opportunity, and Immigration Modernization Act) completely exonerates illegal immigrants from culpability related to identity theft and fines anyone who dares inform their victim(s):

  • Sections 2107 and 2221 amend 40 USC 408(e)(1) to explicitly exempt illegal immigrant amnesty card holder from SSN fraud (ID theft)and Social Security Fraud prosecution. I see no mechanism for informing victims or allowing a means for them to clean up the corrupt SSN records nor seek restitution.
  • Section 2105 prohibits release of information and attaches a $10,000 fine. Thus if a processing officer informs the real SSN holder of a breach, they would face the $10,000 fine. The fine goes into the program (Section 6(a)(1)) that issues the amnesty visas.

No disclosure of SSN used is required, no victim notification (it would be punished with a $10,000 fine), no mechanism for clearing corrupt information from the victim’s record, no means for restitution. It’s all swept under the rug like it doesn’t exist…and victims are left to bear the costs of cleaning up the mess.  The bill is surely going to cost tax payers as well.

  • Section 2106(d) appropriates $50 Million of tax money for grants that allows organizations to assist illegal immigrant applicants get the permits and appears to allow them to use the grants to pay for the permit…with your money.  Better yet, the $10,000 fine for informing a victim of identity theft would go into this fund as well – inform a victim and help pay for the perpetrator’s permit.  How’s that for a double slap in the face?
  • Update: Under Section 2101 (page 92), illegal immigrants get a brand new SSN (not so for their victims). In the meantime, they (and their employers) get carte blanche to continue to use the stolen/fraudulent SSN.

It is worse than amnesty; it punishes the innocent and rewards the perpetrator.

Update: Rewarding unethical behavior (employer amnesty) is also in the bill:

Besides the illegal immigrant identity thieves, their unscrupulous employers also get amnesty from knowingly illegally hiring them (including knowing about the identity theft) – See Section 2104(a). These are the same employers who happily undermine their competition on labor costs and effectively force the honest competitors to choose to also become violators themselves, face market-share declines, and/or business failure (bankruptcy). We’re rewarding the dishonest profiteers here. Note, again, the employer is free to continue to allow the stolen identity use while a new SSN is given to their illegal employee. Note in the May 1 update below the tax benefit the unethical employers are given.

Comprehensive Immigration Reform 2007, now 2013  – “Meet the new boss, Same as the old boss”…

Note: Rather than separating reviews, I will post updates (when time permits) as I continue to go through the bill to this article.  Stay tuned.

UPDATE (May 1)

Clarification – there’s an argument that since there is no explicit SSN disclosure requirement, no application processor would know about the SSN used and, therefore, could never be subject to the $10,000 fine. That is not correct – they will see the SSN used. Section 2102(a) requires the applicant submit employment and/or education records (under the amended 245C(b)(3)) – these records include the SSN used for the employment and/or education.

More articles are coming out as people continue to work through the bill. I have added links in reference to those articles, where appropriate. I am, honestly, beginning to loose track of the number of amnesties and may just start linking the articles which reference the bill (if you wish to see the provisions yourself). Many of the below points are detailed here.

  • Unscrupulous employers who paid illegal immigrants under the table and failed to pay payroll taxes are given amnesty and not required to pay back taxes (that is an economic advantage over their ethical competition which paid the payroll taxes).
  • Illegal immigrants and their employers get amnesty from I-9 fraud and perjury.
  • Illegal immigrants get extremely gracious terms on the $1,000 “fine” which then goes into the aforementioned $50 Million grant fund that can be used to pay for their permit. Assuming they get a grant, it’s like a revolving door; the fine pays for your permit (there is no real fine). In Vegas, this is known as a shell game. Per the linked article, legal immigrant applicants are not eligible for the grant.
  • Repentant illegal aliens who want to legally rectify their status and those in the process of doing so face another disadvantage: they must stay in their home country for a decade. Unrepentant illegal immigrants get immediate legal status (“provisional”) and get to stay here and work during the 10 year waiting period. Yet another perverse incentive. (Update: it’s worse, the unrepentant may not even need to wait 10 years for citizenship: [L]oopholes put many illegal immigrants on fast track to citizenship
  • Applicants are granted amnesty from paying back taxes (employers are given full amnesty – see above). Per pages 68-69 of Section 2101, tax liability is limited to “assessed taxes”.
  • Going along with the amnesty for businesses illegal hiring practices, the bill has a gaping hole related to E-Verify, effectively gutting the program for years (pages 503-504 of Section 3101 – read the article for details).

Another loophole was found that results in illegal aliens immediately qualifying for welfare programs based on page 91 (Section 2101) based on state law definitions (see the linked article for details).  That should make things easier for the USDA’s current food stamp marketing emphasizing no immigration status requirement.

Anyone really surprised why the Salt Lake Chamber of Commerce is supporting this and threw a major tantrum when Senators Lee and Hatch expressed misgivings?

Just for the record: The bill is listed as having around 844 pages. That’s a misnomer. A good part of the bill only adds/removes sections to already existing law that must be looked up and read to determine the context and what the addition/removal actually does. The bill is, realistically, much larger than 844 pages. Reminiscent of Obamacare.

UPDATE 2: Hey, who’s for interjecting gay marriage into the bill?  Patrick Leahy plans on adding in the ability to sponsor your foreign born same-sex partner for a green card (after all, we don’t want to break up families…).  Do note, however, that the same-sex thing is political “Kabuki”.  Dude, I can’t help but laugh at the fiasco this is becoming. Update (May 8): Let the Kabuki begin! Senator Patrick Leahy Files Amendments (also opening the door for Dems to surreptitiously kill the bill).

…and illegal border crossings are spiking in anticipation of the amnesty (from CBS of all places):

UPDATE (May 4): Rubio et al have prepared a substitute bill to deal with flaws.  The first “flaw” to fix: Increasing the bill’s start up cost tenfold, from $100 Million to $1 Billion.  Problem. Solved.

UPDATE (May 8): Looks like there are also problems with the background checks.  The loophole appears related to the prohibition on sharing information gained from submitted applications (Section 2105).  The wording also appears to grant amnesty and immediate legal status to those who’ve already been deported as well as family members.  Business is still pushing the bill and it is no surprise as to how it mirrors a bunch of HB116 which is Utah’s unconstitutional amnesty attempt by the Salt Lake Chamber of Commerce to get a lock on cheap labor (no matter what the cost to taxpayers may be).

I’m sure more will shake out but this, yet again, demonstrates why these monstrous “comprehensive” bills (eg Obamacare) crafted behind closed doors are something to avoid.  This really should have been broken up into several separate bills to be fully developed, debated, and vetted in public.

UPDATE (May 10): NRO finds a loophole for known illegal immigrant gang members (basically we have to trust they’ll behave).  Note the waivers option.  ICE’s union and Senator Sessions notice a major problem with huge discretionary power ceded to DHS’s Secretary thereby allowing the secretary to waive any crime etc and grant amnesty at will:

They warn that the Senate immigration bill gives DHS Sec. Janet Napolitano “virtually unlimited discretion to waiver” prohibitions on obtaining legal status, such as criminal activity or previous deportation:

Additionally, this waiver power is denoted as “sole and unreviewable discretion” in several instances in the bill (Andrew Stiles goes into detail).  That means Napolitano or a future Secretary’s decision is final – no judicial nor other review can be legally made on the decision. Period.

The Social Security’s chief independent actuary found that the bills provisions will not stop illegal immigration.

The most telling event, however, was the action taken by the Senate Judiciary Committee in rejecting an amendment to require border enforcement go into effect before granting provisional legal status.  Senator Schumer is quoted as noting the amendment would “…delay, probably forever, any legalization…”.  Allahpundit notes Schumer’s (finally) honest admission:

That Schumer quote is pure spun gold. We can’t delay legalization until the border is effectively under control because, let’s face it, the border will never be effectively under control. The border-security provisions are a sham, by his own admission.

Read the above post on the amendment (it is excellent) and don’t miss the part about Rubio wanting to add a provision for a double fence which was already legislatively required in…2006.  We should totally trust them this time.

While 66% of voters want border security before amnesty and the majority don’t believe government will follow-through on security measures, we’re going to keep wasting time and resources on something that is a shinola sandwich and the lowest political priority for Americans.  Take a guess what is the second lowest priority and click the link (hint: it recently failed and Obama/Senators want to resurrect it for another vote).

UPDATE (May 22): Almost two weeks have passed since the last update – I suck.

First, Leahy’s kabuki confirmed on his gay partner stuff. While we’re on the Judiciary Committee shenanigans, here’s one from the Republicans Graham and Flake covering their butts (please SC and AZ, remember this come election time).

Meanwhile, in Utah, Hatch tried to get cover for his upcoming vote in support of amnesty at the Utah GOP convention but came out with zero when delegates refused to pass a resolution in support of the amnesty-promoting Utah Compact. Hatch’s game runs the Flake/Graham tactic. Put up some amendments that don’t have a prayer of passing. Then, reluctantly…reluctantly, support the bill because it was the best you could get…stressing the shock (shock!) that they didn’t take your amendments. Rubio is in on this too, and appears to be coordinating the deception.

The Gang of Eight bill supporters also came out with two admissions today: Not all back taxes are required after all, and illegal immigrants will be eligible for tax-funded welfare benefits and the Earned Income Tax Credit.

The Union for Immigration Processing Officers is now also opposing the bill citing it will make enforcement even harder, “provides no guarantee of increased border security”, and will result in an “approval machine” “instead of conducting diligent case review…”

Then the enforcement joke in the amnesty bill remains as it is entirely focused on appearances over results.  Child identity theft still remains to be acknowledged.

UPDATE (June 4): Remember, the lengthy Obamacare bill?  Me to…looks like get to relive the experience: Immigration Bill Swells to Over One Thousand Pages.  Looks like Rubio will also be eating his words:

Rubio said The Daily Caller’s Neil Munro was pushing “myth” over “fact” for saying the bill would be “more than 1,000 pages.” The Post’s Nakamura, the Miami Herald, and the Washington Examiner’s Byron York also received criticism from Rubio for their articles reporting the estimate of the bill’s length.

Rubio also attacked his Senate colleagues, criticizing Sen. Jeff Sessions (R-AL) for saying it was a “thousand-page bill” and Sen. Rand Paul (R-KY) for suggesting the estimates could place the bill’s length as high as 1,600 pages long…

…The new bill towers over previous versions in length, clocking in at 1,076 pages. It was introduced on Tuesday afternoon.

I’ll try to get through the next version.  My understanding is that the ID theft amnesty and fine for informing a victim remains as do most, if not all, the problems I’ve highlighted.

UPDATE (June 5): Looks like not only are back taxes requirements a sham but the “undocumented immigrants” will also be getting tax credits – Tax credit bonanza for illegal immigrants? Remember, tax credits are direct payments (with your money) to the filer (unlike deductions that reduce the amount taxed).  Then again, this may not be that new…they are simply legalizing a practice that so far is illegal but, thanks to IRS neglect, has been costing us billions.

UPDATE (June 21):  The latest gambit to keep the bill going is more theater via the Hoeven-Corker amendment.  This time it involves border agents in order to provide cover for a few more Republican votes.  The bill keeps the immediate legal status for illegal immigrants (even Rubio admits that now).  Basically, it is a continued exercise in the “trust me” mentality of Congress…there still remains no concrete triggers or benchmarks that must be met before any form of legal status is granted.  Rush Limbaugh also covered the charade:

Probationary legalization happens for the 11 million right away, and you and I know why. Once that happens (we’ve talked about this I don’t know how many times), then the political pressure’s gonna build. “Why can’t they vote?  I mean, we’ve put ’em on the pathway to citizenship!  We have said that it’s perfectly fine for them to be here and we love them being here.  They now have their status; they’re on their way to citizenship.

Additionally, as far as I can tell, the amnesty for identity theft remains, as does the fine for informing a victim.

We also have the CBO admitting that the immense bill legalizing millions will is only expected to cut future illegal immigration by 25%.  The above amendment (if adopted) may change that assessment, but I doubt it given the follow-through on enforcement we’ve seen in the past.  So, if this crap sandwich is pushed down our throats, we can expect another immigration crisis demanding legalization in another 20-30 years.  Problem solved.

Edit: Forgot to also note that bill, thanks to Obamacare, makes it more expensive to hire a qualified US citizen (incentivizes hiring amnestied illegal immigrants).

UPDATE (June 24): The bill is now heading for a cloture vote (now would be a good time to call Hatch at 202-224-5251 and ask how he plans to vote and remind him that a vote for cloture is a vote for the bill.

There are several new reports out too.  It turns out that the Hoeven-Corker amendment is more of a sham that I first thought – a provision guaranteeing citizenship for visa overstays was snuck into the amendment.  Senator Reid and the Gang of 8 are busily buying votes (ala Obamacare process) with “special interest provisions designed to secure the votes” (ie pork projects for senators – see here for a prime example of such a payoff).  If that isn’t Obamacare enough for you, try this one out: the bill is not going to be read before it is voted on.

Edit: More kickbacks and another loophole:
Casino Kickback: Reid, Heller Slip Las Vegas Tourism Handout
Bernie Sanders adds jobs bill to immigration legislation
Repackaged Amnesty Bill Allows Napolitano to Nix Border Fence

For an easy way to contact the Senate, a toll free number can also be used (note it is from a pro-amnesty group). The number is 1-888-979-7506.  After the message, press 2 for Senators and enter your zip code – you can also enter 0 for the Capitol switchboard to ask for any other Senator you wish to contact.

UPDATE (June 26): So Hatch voted for cloture without reading the bill (I asked his office and enjoyed listening to the poor interns try to redefine “read”). He has since run to the Tribune and stated he’s going to vote for the bill. Apparently, he found the time to pen the article rather than using it to read (part of) the bill. I guess, reading the bill proponents’ talking points passes for doing your job as a legislator. Please continue to call Hatch’s office (toll free: 888-978-3148) – don’t let him claim he didn’t hear any opposition from constituents.

So what is Hatch going to support? First, the above documented flaws remain (he’s cool with them including the fine for informing ID theft victims).

The hiring unintended consequence came as a “surprise” to several Senators who also didn’t read the bill. They pledged to fix it and Senator Cruz gave them the opportunity to fix it…and they refused.

Boehner is saying the House won’t consider the Senate version. I don’t trust him, this is weasel wording (ie House will pass a different version…which then goes to conference committee and we magically end up with the Senate version being crammed down our throats). Nothing resembling the Senate bill should be considered (otherwise we run the risk of the conference committee). Keep calling your House Representative.

Edit: Hey, remember when Rubio said allowing gay partner sponsorship under the bill would be a deal breaker?  Me too.

DOMA ruling has direct impact on immigration. Married same-sex couples can now sponsor foreign partners. No need for Leahy amendment, right?

— Ryan Lizza (@RyanLizza) June 26, 2013

Closing Update (July 2): Finally, the last update (I’ll begin a new post if/when the House puts up a bill). Hatch voted for the bill and Lee against. The battle is now at the House where they are, thus far, not interested in the Senate version. Hopefully that holds, I just worry if the House passes a decent bill if Reid and the Gang won’t play “reconciliation” games to stick us with their mess of a bill. If they can even remotely use the reconciliation trick, they may well have poisoned the well this congress and it might be better to pass absolutely no immigration legislation whatsoever.

So here are some worthy parting links on the fiasco that remains the Senate/Gang of 8 amnesty bill:

Senator Hatch is exposed for the double standard he places on individual back taxes versus businesses.

More pork spending is discovered in the bill.

Hugh Hewitt pinned down Hoeven on the fence, who then effectively admits the fence provision is a sham. Meanwhile, we find out how many DUIs an illegal immigrant can be convicted of and still get citizenship.

As wrap-up, here’s a brief article on the Hoeven-Corker amendment highlighting the fake enforcement provisions vs real amnesty.

Finally, here’s the link to the almost 1,200 page bill (PDF) in all it’s glory…and, yes, the ID theft amnesty and fine for informing a victim sections are still in the bill. Again, be aware, the bill is full of references amending other statutes, so it is really much longer than a cozy 1,200 page bedtime read.