Pederson’s Plan for Immigration Reform

I didn’t much care for Jim Pederson’s inaugural commercials, and, unfortunately, those will be likely be most Arizonan’s impression of Pederson’s immigration policies for some time to come. Fortunately, Jim has a surprising deep backfield to draw from in coming months on this issue.

He’s put forward a fairly detailed, reasonably bi-partisan, and realistic policy document on immigration. However, it was locked up in a PDF download on his site, so I decided to drag it out into the world of plain text HTML for all and sudry to peruse. Below the fold is the full Pederson immigration plan.

The plan also includes some tasty Kyl opposition research that you should look for Jim to be using as the race heats up.

I’m not inclined to be critical of Pederson’s proposal, because anything Pederson would tolerate in terms of a negotiated settlement of the issue will be worlds better than what Kyl would try to shove down our throats. Pederson’s plan doesn’t exactly stir my Progressive soul, but neither is it stupid, heinous, or plainly irrational as is nearly everything issuing from the Kyl camp these days.

My only suggestion to the cautious and dogged Pederson campaign would be to consider Latino turn-out and participation in this election and make the terms of permanent resident status or path to earned citizenship more explicit; at least in targeted Spanish language media.

Here’s the Pederson Plan…

SECURING OUR BORDER & GETTING RESULTS
A Proposal to Reform U.S. Immigration Policy
April 20, 2006

THE PEDERSON IMMIGRATION PLAN

1. Force the Federal Government to Take Responsibility.

2. Provide More Resources for Border Enforcement.

3. Crack Down on Coyotes and Smugglers with the Same Legal Tools Used to Combat Organized Crime.

4. Create a Tough and Fair Guest Worker Program; Not Amnesty.

5. End the Shadow Economy and Impose Stricter Sanctions on
Employers who Break the Law.

6. Form a True Partnership with Mexico on Border Security.

INTRODUCTION:

Putting Results Ahead of Party Politics

In business, results matter most. Pederson will demand the same in the U.S. Senate.
Pederson believes that political posturing and Washington partisanship have stood in the way of comprehensive immigration reform in Congress. And, without comprehensive immigration reform, our nation’s security remains compromised. “The first step toward getting comprehensive immigration reform is to take out the gimmicks and stop the political games,” wrote Pederson in his Arizona Republic op-ed. “We must demand that our elected officials stop pandering to the emotions of this issue.” [4/3/06]

Prior to crafting his immigration plan, Pederson reached out to Arizonans from all walks of life, including local officials, leaders, the business community, leaders in border communities, and the everyday Arizonans he will fight for in the U.S. Senate. Pederson listened to their concerns and ideas, and learned about their experiences.

As Senator, Pederson will take the same approach to addressing the key issues impacting Arizona. He will work to bring people together and build consensus. And, he will make sure all stakeholders have a seat at the table. Jim Pederson will be a Senator for all Arizonans.

In the Senate, Pederson will work across party lines for comprehensive immigration reform that is realistic, practical, and results-oriented. He will fight to make sure Arizona receives its fair share of federal resources. And, he will push for legislation that addresses three pillars of immigration reform:

1. Stronger border security and better enforcement of our immigration laws;
2. A guest worker program that puts American workers first;
3. A realistic approach to dealing with the 11 million immigrants living in the United States that is not amnesty.

Jon Kyl takes a different approach to immigration. In Washington, Kyl derailed the bipartisan compromise that – while imperfect – would have gone a long way toward bringing new federal resources to the Arizona-Sonora border. Senator McCain said the bipartisan compromise (which he helped broker) would have been “‘nirvana’ compared to the status quo.” [Washington Post, 4/8/06]
Jon Kyl’s own “plan” for immigration reform is no more than a political gimmick that could never be implemented in reality. Kyl’s legislation calls for America’s 11 million undocumented residents to volunteer for deportation. John McCain called Kyl’s legislation "totally unworkable" and said “it borders on fantasy.” [Arizona Daily Star, 7/27/05; Roll Call, 10/6/05]

After 20 years in Washington, Kyl has an inconsistent record on immigration. Under Kyl’s watch in the U.S. Senate, the number of undocumented residents in Arizona has more than quadrupled, rising twice as fast as the rest of the nation. [Pew Hispanic Center] Meanwhile, Kyl’s record shows he is more of a show horse than a workhorse. Kyl has voted against tougher employer sanctions, more funding for border security, and more agents to police our border.

“Illegal immigration has been an issue for years. Why has it taken Washington so long to put forth any meaningful legislation on the issue? Because Congress is more concerned with politics than actually making progress on the border. Now, in an election year, the politicians are trying to make the voters think they are actually doing something. … The first step toward getting comprehensive immigration reform is to take out the gimmicks and stop the political games. We must demand that our elected officials stop pandering to the emotions of this issue.”
-Jim Pederson
Arizona Republic Op-Ed 4/3/06

THE PEDERSON PLAN

(1) FORCE THE FEDERAL GOVERNMENT TO TAKE RESPONSIBILITY.

• Compel the federal government to pay the $217 million owed Arizona for incarcerating foreign nationals and expand the State Criminal Alien Assistance Program (SCAAP) program, which provides grants to border states that bear the brunt of Washington’s failed policies.
• Provide federal reimbursements and assistance for health care, education, and other costs borne by communities impacted by illegal immigration.
• Improve coordination and intelligence-sharing between federal enforcement efforts and state and local law enforcement.

(2) PROVIDE MORE RESOURCES FOR BORDER ENFORCEMENT.

• Recruit, hire, and train at least 12,000 new, highly-qualified Border Patrol agents over the next five years.
• Improve recruitment and retention of Border Patrol agents so we can improve morale and attract the best candidates to fill new positions. Raise pay for Border Patrol agents and create a service academy, a GI Bill, and other incentives for service at our border. Put an emphasis on recruiting from border states.
• Provide the best available technologies for border enforcement and create a high tech “virtual fence” to monitor our border around the clock.
• Expand the capacity for detention facilities for foreign nationals.
• Restore the COPS program, which has put 2,700 law enforcement on Arizona streets.

(3) CRACK DOWN ON COYOTES AND SMUGGLERS WITH THE SAME LEGAL TOOLS USED TO COMBAT ORGANIZED CRIME.

• Provide prosecutors with new legal authority and resources to prosecute coyotes and smugglers. Use anti-racketeering and homeland security laws to aggressively hunt down and break up coyote and smuggling networks.
• Triple fines and jail time for coyotes and their accomplices and make it easier to seize their assets.

(4) CREATE A TOUGH AND FAIR GUEST WORKER PROGRAM; NOT AMNESTY.

• Create a guest worker program similar to Senator McCain’s proposal. Undocumented workers would be eligible to participate if they pay a fine, undergo a criminal and security background check, and pay back taxes. Criminals and those unwilling to follow the rules would be ineligible.
• Those who have been using legal channels to apply for work visas and legal immigration would move to the front of the line. There would be more visas for low-skilled workers than currently available. Like the McCain plan, visas would be capped at 400,000 per year, with an annual limit adjusted based on demand – they would be valid for three years, with one possible renewal.
• Companies would have to certify they have attempted to fill jobs with American employees before hiring guest workers. Employers must first post jobs in an American Job Bank for at least 30 days.
• After six years, guest workers would be eligible to apply for permanent residency, provided they pay a fine, learn English, and successfully complete a series of U.S. civics courses. After five additional years, they would be eligible to apply for citizenship. Spouses and children of the applicant would be able to adjust to permanent status as well.

(5) END THE SHADOW ECONOMY AND IMPOSE STRICTER SANCTIONS ON EMPLOYERS WHO BREAK THE LAW.

• Impose stricter sanctions on employers who break the law by knowingly hiring undocumented workers.
• Create an Electronic Employment Verification System, a national database that is practical, cost-effective, secure, reliable, and fast to use for employers seeking to verify worker eligibility.
• Work with employers to design appropriate verification standards and documentation requirements.
• Work with job training and workforce development programs to make verification a part of training and development programs.

(6) FORM A TRUE PARTNERSHIP WITH MEXICO ON BORDER SECURITY.

• Provide more equipment and training to Mexican Border Forces, so they can do a better job of capturing undocumented immigrants before they get to the U.S. Border; demand that Mexico work with U.S. authorities to stop illegal activity across the borders.
• Assist Mexico with its efforts to restrict visas for undocumented immigrants from other Latin American countries who try to enter the US through Mexico and work with other Latin American countries to discourage their citizens from attempting to enter the U.S. illegally.

   

BACKGROUND ARIZONA BORDER FACTS

Arizona’s 377-mile border with Sonora, Mexico accounts for the largest number of illegal border crossings, and the majority of border-apprehensions by the U.S. Border Patrol. In the past year, the Border Patrol has arrested more undocumented immigrants along the Arizona-Sonora border than the borders between Mexico and Texas, New Mexico and California combined. Sonora is Arizona’s largest trading partner, accounting for $13 billion in 2003.
[Time Magazine, 9/20/04; Governor Napolitano, “Strong Border, Secure Arizona,” 2005]

An estimated 4,000 undocumented immigrants cross into Arizona each day. It is believed that three to five people cross the border illegally, for every one individual who is arrested for illegal entry.
[Time Magazine, 9/20/04]

There are an estimated 500,000 undocumented immigrants in Arizona, an estimated increase of nearly 200,000 since 2000. By these estimates, Arizona has 5% of the nation’s undocumented immigrants, making its undocumented population the fifth largest in the country.
[USA Today, 5/17/05, Tucson Citizen, 10/19/05]

The U.S. Border Patrol has had difficulty with recruitment and retention. In 2002, Border Patrol agent attrition spiked to 18%, making it difficult for the U.S. Border Patrol (USBP) to add agents to its overall workforce in recent years. The spike to an18% attrition in 2002 has generally been attributed to agents leaving the USBP to join the newly formed Transportation Security Agency.
[CRS Report, Border Security: The Role of the U.S. Border Patrol, 5/10/05]

Governor Napolitano’s Office Cites “Constant Duty Changes of the Border Patrol Officers” as a “Key Border Concern.” According to Governor Napolitano’s office, key border concerns include: “Border Patrol staff changes frequently and the officers are often not familiar with the Arizona landscape nor the people. This makes it difficult to resolve issues such as the road grading.”
[Governor Napolitano, “Strong Border, Secure Arizona,” 2005]

THE KYL RECORD

Kyl led the charge to kill bipartisan immigration legislation in the Senate, sponsored by John McCain. “It’ll never become law, I’ll vote against it" said Kyl of the comprehensive immigration reform proposal that achieved bipartisan support in Senate.
[Arizona Republic blog, 3/27/06]

Kyl’s own “plan” for immigration reform is so unrealistic that John McCain said it “borders on fantasy” and the Arizona Republic labeled it “unrealistic.”
[Hotline, 7/27/05; Arizona Republic, 7/21/05]

“Sponsored by Sens. John Cornyn, R-Texas, and Jon Kyl, R-Ariz., the bill isn’t comprehensive because it is based on the farcical assumption that illegal immigrants will voluntarily come out of the shadows to work for two years as "guest workers," after which they’ll be deported. Good luck with that, folks.”
[San Diego Union-Tribune Copley News Service, Editorial, 7/27/05]

Kyl is a longtime opponent of common sense immigration policy — for example, he was one of only 15 senators to vote against increased penalties for employers who knowingly hire undocumented immigrants. Kyl has voted several times against funding for more Border Patrol Agents and for Border Security.
[9/30/96, #302]

Kyl has voted against border security at least fifteen times in Congress.
[4/7/06, #90; 4/7/06, #89; 4/6/06, #88; Senate Judiciary Committee Markup of Comprehensive Immigration Reform, 3/27/06; 9/14/04, #182; 7/22/03, #291; 7/23/03, #298; 1/16/03, #3, Associated Press, 1/16/03; 9/30/96, #302; 5/25/95, #204; (Kyl issued a release admitting that he had voted five times against the Commerce, Justice and State department appropriations bill, which includes Border Patrol funding, Arizona Republic, 10/25/94]

Kyl even voted against reimbursing Arizona for incurring the high costs of illegal immigration. [1/26/95, #47]

After twenty years in Washington, Jon Kyl simply has not delivered for Arizona. Under Kyl’s watch the problem has just gotten worse: In 1996, the Immigration and Naturalization Service estimated that there were 115,000 undocumented immigrants in Arizona. Today there are an estimated 500,000. The undocumented immigrant population has increased by almost 400,000 under Kyl’s watch.
[Pew Hispanic Center]

Kyl has repeatedly voted against putting more cops on Arizona streets. Kyl voted at least four times against legislation that would aid the COPS program.
[5/20/99, #139; 9/13/05, #226; 3/17/05, #70; 3/21/03, #78]

THE PEDERSON PLAN IN DETAIL

1.    Force the Federal Government to Take Responsibility

Putting Arizona first means compelling the federal government to reimburse Arizona taxpayers. While immigration is a federal responsibility, much of the burden of our current failed policy falls on Arizona and our neighbor states. The federal government’s inability to secure our borders have led communities throughout Arizona to feel the strain – from longer waits at emergency rooms to increased incidents of automobile theft. Immigration is a national issue with national security implications – the rest of the country should not abandon Arizona by forcing us to incur so much of the costs.

The 9/11 Commission recognized the importance of a strong federal commitment to border security. The bipartisan 9/11 Commission recommended numerous federal responses to in border security issues between the U.S. and Mexico, but the Bush Administration and Jon Kyl have received failing grades from the Commission in implementing their recommendations. We can do better.

The Pederson Plan for improving federal assistance to Arizona:

• Compel the federal government to pay the $217 million owed Arizona for incarcerating foreign nationals and expand the State Criminal Alien Assistance Program (SCAAP) program, which provides grants to border states that bear the brunt of Washington’s failed policies.

• Expand and fully fund the SCAAP program to get a better deal for Arizona and other border states.

• Pay for the costs incurred by states and border communities for law enforcement as well as the increased health care, education, and other costs incurred as a result of immigration. Provide more federal assistance to hospitals and health care centers in communities impacted by illegal immigration.

• Require the federal government to work more closely with states and border localities. The federal government needs to do a better job in this area. For example, the Border Patrol should be reformed to work together more effectively with local communities, the State Police and local police departments. More Border Patrol agents should be hired locally from the communities in which they will be living.

• Improve coordination and intelligence-sharing between federal enforcement efforts and state and local law enforcement.

After 20 years in Washington, Jon Kyl has different priorities. He’s said the burden of paying for immigration policies should rest with Arizona taxpayers. He’s voted against interoperable communications equipment that would help state, local, and federal authorities better communicate with each other. And, he’s been a roadblock against bipartisan reforms that would help our border communities.
[AZCentral.com, 1/30/06; 3/15/06, #45]

Kyl even voted against reimbursing Arizona for incurring the high costs of illegal immigration.
[1/26/95, #47]

2. Provide More Resources for Border Enforcement.

We can protect Arizona from terrorists, criminals and illegal activities by greatly increasing law enforcement and border patrols, using state-of-the art surveillance technologies, and improving the physical security of the border. While most undocumented immigrants in this country are hard-working, decent people seeking steady work and a better life, our international borders must be made more secure; secure from terrorists, secure from criminals, secure from illegal drugs, as well as secure from uncontrolled illegal immigration. At the same time, given the realities of international trade and travel and the need for workers to fill jobs in the U.S., we must have a practical, realistic system for screening and processing people and goods that we do want in the country.

We must recognize and protect the important cross-border economic relationships that we have, while at the same time stopping the illegal activity and controlling the threats to our country. Arizona’s largest trading partner is the Mexican state of Sonora, with billions of dollars in trade per year. Millions of people and vehicles cross our borders every year, legally.

We need rigorous improvements to the physical security of the border and improved policing, but we also need to be smart. We have cutting edge surveillance technologies that can be employed on the Arizona border. We can equip the Border Patrol with the best equipment, training, and information systems. We can fully integrate what we know about dangerous people, and illegal activities, and threats to our security, and make that information available and useful to law enforcement. It will take strong, smart, focused action to deal with this problem. It will take more than a fence.

We need to improve morale, recruitment and training of Border Patrol agents. Border Patrol agents are under-paid and morale is low. Jim Pederson proposes new incentives to recruit a new wave of the best, most talented people to enlist in the Border Patrol. His proposals include instituting a GI Bill for Border Patrol agents and better pay. In turn, agents would be asked to enlist for a three year period to discourage turnover. Longer enlistments would allow agents to develop expertise and form better connections to the border communities in which they are stationed. Pederson believes the Border Patrol needs to put a new emphasis on recruiting from border states like Arizona.

The Pederson Plan for better border enforcement:

• Recruit, hire, and train at least 12,000 new, highly-qualified Border Patrol agents over the next five years.

• Improve recruitment and retention of Border Patrol agents so we can improve morale and attract the best candidates to fill new positions. Raise pay for Border Patrol agents and create a service academy, a GI Bill, and other incentives for service at our border. Put an emphasis on recruiting from border states.

• Require a minimum three year enlistment period for Border Patrol agents.

• Recruit more Border Patrol agents from border states and border communities.

• Restore the COPS program, which has put 2,700 law enforcement officers on Arizona streets. Arizona communities need more law enforcement officers to address the challenges presented by illegal immigration, such as increased automobile theft.

• Provide cutting edge equipment and training for law enforcement officers. Provide Arizona with better border infrastructure, technology, identification checks, travel document security, and communications equipment.

• Create a high tech “virtual fence” to monitor our border enforcement around the clock.

• Build more detention facilities for undocumented immigrants.

3. Crack Down on Coyotes and Smugglers with the Same Legal Tools Used to Combat Organized Crime.

Violence and organized crime across the Arizona – Mexico border is on the rise and it is often associated with smugglers, who traffic in people and illegal drugs. Reports of increasing attacks against Border Patrol, of organized drug syndicates, and of “coyotes” who mistreat, blackmail, and hold hostage the illegal workers they are paid to transport are on the rise.

The Pederson Plan for cracking down on coyotes and smugglers:

• Provide prosecutors with new legal authority and resources to prosecute coyotes and smugglers. Use anti-racketeering and homeland security laws to aggressively hunt down and break up coyote and smuggling networks.

• Triple fines and jail time penalties against coyotes and their accomplices.

• Make it easier to seize the assets and profits of coyotes and their employees.

• Work with the Border Patrol to establish performance measures to make enforcement work.

4. Create a Tough and Fair Guest Worker Program; Not Amnesty.

Jim Pederson opposes amnesty.

Pederson believes that having a realistic guest worker program is an essential component to national security – a “relief valve” that will allow law enforcement to diligently track exactly who is in our country. Jim knows that we need a legal system to match willing workers with authorized employers who are unable to find or keep U.S. workers in their industries.

We must face facts, it would cost billions and take years to deport every undocumented immigrant currently residing in the United States. Jon Kyl’s plan to ask undocumented immigrants to volunteer for deportation simply is not realistic, nor sensible. According to a 2005 study, the cost of deporting most of the nation’s estimated undocumented immigrants would be $206 billion to $230 billion over five years. At up to $46 billion a year, Kyl’s plan would cost about $12 billion more than the entire budget of the Department of Homeland Security.
[Washington Post, 7/26/05; Seattle Post Intelligencer, 7/27/05]

Pederson would create a guest worker program similar to the provision in Senator McCain’s bill (which Kyl opposes):

• Felons and other criminals would NOT be eligible to participate in the guest worker program. All undocumented workers who are honestly seeking employment in the U.S. must undergo detailed criminal and background checks to ensure that they have not committed any crimes, participate in gang activity, or are on a terrorist watch lists. Those who do not pass their criminal and background checks will be subject to immediate removal and ineligible to participate in the guest worker program.

    “Any border security plan must include the relief valve of an effective guest-worker plan.
    Make no mistake, a guest-worker plan is crucial to national security. It allows law enforcement to meticulously track who is in the United States. And it allows us to effectively differentiate between the migrant worker seeking to care for his or her family and the al-Qaeda terrorist.
    We could pile thousands of enforcement officers behind a 50-foot wall and not keep out a hungry worker willing to fill a job that no one here wants. It’s got to be Americans first when it comes to any job, but if that job goes unfilled we must match that job with the worker and make sure that worker pays taxes, obeys our laws and learns English. With that kind of law, we could throw the book at any employer who hires an illegal immigrant.
    Finally, let’s give the millions of undocumented people already here an incentive to come out of the shadows. By doing this, law enforcement would know exactly who is in our country.”
    Jim Pederson
    Arizona Republic Op-Ed 4/3/06    

• A new “guest worker” visa program would be created. Without the labor source provided by immigrants, the economy would take a hit. Approximately 500,000 people are crossing our border illegally every year to fill low-skilled jobs where our economy needs them, but our laws provide only 5,000 visas for people who want such jobs. As with Senator McCain’s proposal, undocumented immigrants would be eligible for a market-based “essential worker” visa if they pay a fine, undergo a criminal and security background check, and pay back taxes. Criminals and those unwilling to follow the rules would be ineligible.

• Those who have been using legal channels to apply for work visas and legal immigration would move to the front of the line. Visas would be more visas for low-skilled workers than currently available. Like the McCain plan, visas would be capped at 400,000 per year, with an annual limit adjusted based on demand – they would be valid for three years, with one possible renewal.

• Companies would have to certify they have attempted to fill jobs with American employees before hiring guest workers. Employers must first post jobs in an American Job Bank for at least 30 days and offer the job at the prevailing market wage, before they consider hiring a “essential worker” visa holder for the job.

• After six years, law-abiding guest workers would be eligible to apply for permanent residency, provided they pay a fee, and learn English and U.S. civics. After five additional years, they would be eligible to apply for citizenship. Spouses and children of the applicant would be able to adjust to permanent status as well.

• Workers who lose their jobs would have 60 days to find new employment or leave the country.

5. End the Shadow Economy and Impose Stricter Sanctions on Employers who Break the Law.

Most employers are inclined to abide by the law and hire only legal workers. In addition to making legal workers available, we must make it possible for employers to verify that the workers they want to hire have appropriate legal status to work.

The immigration system in our country has been broken for a very long time, and both workers and employers have operated outside the law. Our laws are so poorly enforced that entire industries are operating in violating of our laws and have created an underground economy that encourages and sustains illegal immigration. Once the system has been repaired and legal avenues for employment are available, there should be a zero tolerance policy set for employers who knowingly go out and hire undocumented immigrants. Those who continue to operate illegally should raise concerns that they might pose security risks or that they simply seek to exploit and cheat the system. Penalties should reflect those risks.

The Pederson Plan to end the shadow economy:

• Impose stricter sanctions on employers who break the law.

• Create an Electronic Employment Verification System, a national database that is practical, cost-effective, secure, reliable, and fast to use for employers seeking to verify worker eligibility.

• Work with employers to design appropriate verification standards and documentation requirements.

• Work with job training and workforce development programs to make verification a part of training and development programs.

6. Form a True Partnership with Mexico on Border Security.

We need to work with the Mexican government.

We cannot stop this flood by sealing just one side — our side — of the border. Mexican citizens account for nearly 60% of the people who enter the United States illegally, and people from many other countries pass through Mexico on their way into the U.S.

We must seek to expand our working partnership with Mexico to patrol our common borders, catch and punish smugglers and organized criminals, and ensure our mutual security. Mexico and the United States have a number of security and economic agreements in place, which aim in part to control the illegal immigration of Mexican citizens into the U.S. In the absence of real leadership from Washington, these agreements have not lived up to their promise.

The Pederson Plan for strengthening our partnership with Mexico:

• Provide more equipment and training to Mexican Border Forces, so they can do a better job of capturing undocumented immigrants before they get to the U.S. Border.

• Demand that Mexico work with U.S. authorities to stop illegal activity across the borders.

• Develop and enforce appropriate cross border agreements on enforcement and transit.

• Develop agriculture-based economic opportunities and partnerships for both sides of the border.

• Assist Mexico with its efforts to restrict visas for undocumented immigrants from other Latin American countries who try to enter the US through Mexico.

• Work with other Latin American countries to discourage their citizens from attempting to enter the U.S. illegally.

Jon Kyl and his colleagues in Washington received a “D” grade on fulfilling the 9/11 Commission’s recommendation to improve collaboration on border and document security with international partners. We can and must do better.
[Final Report on 9/11 Commission Recommendations, 12/5/06]