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Immigration Compliance and Enforcement

June 16, 2006

Bush Calls for Border Security, What Can We Expect at Our Borders?

On May 15, 2006, President Bush addressed the nation in an unprecedented televised speech calling for enhanced border security and comprehensive immigration reform. Through his speech, the President sought to launch a secure border initiative, the most technologically advanced border enforcement initiative in American history. In an effort to protect the nation, the President called for heightened security and enforcement along the borders. In order to achieve this, the President’s strategy to secure our borders includes:

  • Increasing the number of Border Patrol Agents and technology and infrastructure to support existing border security;
  • Deployment 6,000 National Guard Members for a period of one year to temporarily support border security efforts;
  • Increasing federal funding for state and local authorities to assist with border patrol, providing them with specialized training to apprehend and detail illegal immigrants;
  • Ending “catch and release” along the southern border by increasing the number of beds in detention facilities and decreasing the average deportation time;
  • Implementing a Guest Worker Program to provide a legal mechanism for foreign workers to be employed legally in the U.S.;
  • Developing an Employer Identification System for employers to verify the employment of legal foreign workers through a new identification card using biometric technology; and
  • Dealing with illegal immigrants already in the U.S. by providing a mechanism for certain illegal immigrants to remain in the U.S. if they meet established criteria such as paying a penalty, paying taxes, learning English and working in a particular job for a set period of time.

The President believes that all of the above strategies must be addressed together and urged members of Congress in his speech to establish a comprehensive immigration reform bill. The Senate responded by passing the Comprehensive Immigration Reform Act of 2006 (S. 2611) on May 25, 2006 by a vote of 62-36. (Note that the passage of the bill by the Senate by itself does not change existing immigration laws).

Securing the border. Will it happen? As demonstrated in his address to the nation, the President seeks to launch the most technologically advanced border security initiative in American history. As a result of this initiative, America can expect that the borders will be tightened, security will be increased and the number of illegal immigrants entering the U.S. will decrease. This will be accomplished by increasing technology and infrastructure long the border; constructing high-tech fences in urban corridors; building new patrol roads and barriers; and utilizing motion sensors, infrared cameras and unmanned aerial vehicles to detect and respond to illegal crossings.

An integral portion of Bush’s border security plan is the deployment of 6,000 National Guard troops along the U.S.– Mexico border. Earlier in May, Bush traveled to the border towns in Arizona and New Mexico to press his case for tougher border controls combined with reforms. Supporters of tougher U.S. immigration measures agreed with the President that the only means by which they can protect American jobs is by securing the border.

Many business groups, however, believe that the United States needs foreign workers and stationing troops on U.S. borders sends the world the wrong message. Furthermore, not everyone is pleased with the presidents proposals regarding the means by which the border will be secured. Following the President’s speech, Mexican Foreign Minister Luis Ernest Derbez said Mexico would send a note protesting the plans to build new walls. Additionally, the Governors of California, New Mexico, Arizona and Texas expressed surprise, hope and concern in response to the President’s speech.

The “Border Governors” are divided in their opinions on immigration and the President’s proposal. Arizona Gov. Napolitano (D) and Texas Gov. Perry (R) favor Bush’s proposal, while New Mexico Gov. Richardson (D) and California Gov. Schwarzenegger (R) expressed their doubt as to its feasibility.

Gov. Napolitano has requested the White House and Congress to use the National Guard in securing the Southern U.S. border for the past year. “They allowed this problem to fester for far too long,” she said “this should have been dealt with years ago.” She went on to state that “That was a cry from the country saying we want an immigration system that works and can be enforced.”

New Mexico Gov. Richardson was surprised that none of the governors had been asked to offer their thoughts or input on the President’s plan prior to it being announced in a nationwide speech. “There has been no consultation. Zero, zero, zero, none.” Richardson went on to state that Bush’s proposal was a “stopgap” measure that would not be successful in preventing illegal aliens from continuing to cross the border into the United States. Richardson also questioned what concrete action the National Guard would take on the border. “What exactly are they going to do? What are their rules of engagement? Those questions have not been answered.”

Schwarzenegger also expressed skepticism of the President’s proposal. “I have not heard the President say that our objective is to secure the borders no matter what it takes. That’s what I want to hear. He went on to state “So what if they have 6,000 National Guards at the border and we find out that the same amount of people are coming across? Does it mean he will increase it to 12,000 to 15,000 to 50,000? We don’t know, we have no idea. We were not consulted on that, and we have not really been included in the decision making process, so I cannot tell you.” The California governor later stated in a letter to Department of Homeland Security Secretary Michael Chertoff that he would like to cooperate with the Bush Administration, but wanted assurances that the Federal government would be committed to fully funding the cost of posting the National Guard at the border. Schwarzenegger also requested that the Federal government establish specific criteria for ending the National Guard deployment when their goals have been achieved.

The cost of deploying National Guard troops to the border is expected to be a major issue for all of the states affected by Bush’s proposal. Border state governors are already dealing with the costs associated with providing education, medical care and other public services to the million of illegal immigrants in the United States. If the deployment of federal troops is added to these amounts it may prove to be too much for state budgets to handle.

Also in his speech, President Bush said that the nation can expect faster deportation procedures. Expedited removal is already in place as deportation proceedings are becoming more streamlined allowing for faster processing times and thereby sending a message to illegal immigrants that when caught, they will be sent home. By integrating resources and manpower never used before, the Administration believes that the border will become more secure.

It is important to note, however, that developing a smart and secure border and catching and deporting illegal immigrants along the border is only part of the equation. Comprehensive immigration reform is essential to improve the enforcement of laws for those already inside the borders and to deal with the millions of illegal immigrants already here. The President has repeatedly advocated the creation of a new guest worker program to create a legal way for foreign workers to fill jobs that Americans will not do. Such a program endeavors to relieve pressure at the border by creating a legal mechanism for those who enter America to work legally, in positions Americans don’t want. The legalization of such day labor reduces the appeal of sneaking across the border.

A true comprehensive immigration reform will combine both border security and a mechanism for dealing with the millions of illegal immigrants already within our borders. At present, the House and Senate have very different views on immigration solutions. The two must now work to merge their bills (S. 2611 and H.R. 4437) and negotiate the matter in conference until agreement is formed. Only when both chambers pass the final package may the President sign any legislation into law. It is hoped that any legislation derived from the conference will seek to not only secure our borders, but will also establish a guest worker program and strive to deal with the illegal immigrants already in the U.S.