EckerNet.Com

Ok so I promised to sift through the SAVE Act (HR 4088) and give my analysis of it. Sure enough I finally got around to it and I have to say I’m a big fan and apparently I’m not the only one. The bill now has 112 co-sponsors in the House (44 Democrats, 68 Republicans) and it has also been introduced in the Senate by Senators Mark Pryor (D-AR) and David Vitter (R-LA)*. Ok, so what’s it consist of?? Well….

Summary

There is a lot in this bill and my analysis got pretty long so, for those of you that aren’t really interested in even my summarized details, I’ll give you the highlights

• An increase in the number of Border Control agents. (Section 101)
• A requirement for an unspecified number of miles of fencing, vehicles barriers and “virtual fences”. (Section 103)
• A “plan” to secure operation control of the border by December 31, 2010. (Section 111)
• Governors can declare a “Border Emergency” and get 1000 agents, if their union doesn’t complain (Section 121)
• Upgrades and additional equipment for agents (Section 122, 123, and 124)
• Increased penalties for smugglers and expands definition of smuggler to include anyone that conceals or harbors illegals, which is clearly aimed at religious groups. (Section 141)
• “It is the obligation of the Federal Government of the United States to adequately secure the Nation’s borders and prevent the flow of unauthorized aliens and illegal drugs into the United States.” (Section 152)
• Provides Border Relief grants to border communities to pay for costs incurred from border issues (Section 153)
• Makes use of the E-Verify program mandatory for all employers and requires them to verify status of all employees with four years (Section 201)
• Notifies employers of Social Security number mismatches and requires action within 10 days. (Section 202)
• Notifies individuals if their social security numbers are being reported from more than one employer. (Section 202)
• Social Security Administration must share information on abused numbers to the DHS (Section 202).
• Creates a national birth/death registration system (Section 203).
• Severely penalizes the employers with the worst social security abuse numbers.
• Increase in the number of ICE and CAP agents for internal enforcement (Section 301)
• Rewards program provides monetary awards to anyone providing information on illegals (Section 303)
• Increase numbers of beds for detained illegal aliens (Section 304)
• Additional judges to deal with increased caseload (Section 306)

Otherwise the rest of my analysis is in the extended post, so just click on the read more link below.
* The Senate version has not yet been assigned a bill number or had it’s text released, so I have been unable to verify that it’s language is the same or similar to the House version, although that appears to be it’s intent.

Section 101 – Manpower

Indicates an increase in Border Patrol agents by 8,000 over the next five years. While I do like the idea of adding more agents, the scheduled rate at which they’ll be added seems a bit aggressive, especially considering the problems they’ve already had ramping up the number of agents. However, this is somewhat addressed by the fact that they will target former members of the armed forces and offer them very attractive financial incentives

Of the additional agents 80% go to the southern border, and 20% go to the northern border. Now I realize that the southern border gets most of the press, and that it’s problems are infinitely more visible, but I am a little concerned that northern border is being a bit neglected.

In addition to the above positions, this legislation also sets aside an additional 350 agents for investigation into alien smuggling. Also, the budget for the Tunnel Task Force, which locates and investigates tunnels used by coyotes and drug runners, increases by 50%.

Major problem I see in this section, however, is that when describing the increase in agents, it specifically states “subject to the availability of appropriations for such purpose” and while Section 5202(c) authorizes that the necessary funds be allocated for these purposes, that doesn’t mean the funds will necessarily be available. A dedicated open-borders supporter could eliminate this section by simply not giving the Department of Homeland Security (DHS) funds for these purposes or insisting other higher priority items are using up all the money.

Section 102 – Technology

Basically just an overall improvement of equipment available for border enforcement. Provides for the sharing of equipment between the DHS and the Department of Defense (DoD) including surveillance equipment such as unmanned aerial vehicies. Also includes a plan to improve communications, including the use of secure satellite communications.

Section 103 – Infrastructure

Most of this is just procuring the equipment to support the increased number of agents, such as additional vehicles and office facilities. Also specifies all-weather roads are to be created to allow agents to get around. Also it provides for the addition of fencing in urban areas and the construction of vehicle barriers to support, not replace, border agents in rural and remote areas.

However, once again this is all subject to the availibility of appropriations. Does not specify the amount of border fencing that is to be built or it’s location. So potentially nothing could be done.

Section 104 – Aerial Vehicles and Surveillance Systems

While, Section 102 provides for the DHS and DoD to share equipment, after a trial run, the DHS is then supposed to look into buying it’s own equipment. It appears as if the equipment sharing plan is merely a chance for the DHS to work out the kinks and bugs and figure out how they’re going to integrate aerial drones into the overal border enforcement.

The funds for the unmanned aerial vehicles never disappears so there is really no incentive for the DHS to actually purchase it’s own drones. Theoretically, the Border Patrol could use the DoD’s equipment for years.

Also provides for the construction of a “virtual fence” through the use of sensors, drones and various surveillance technology. Also specifies that agents must respond to all intrusions that appear to involve aliens or smugglers. Granted this provides quite a bit of grey area for a less than ambitious agent to use to cover his ass.

Section 111 – National Strategy to Secure the Borders

Requires that there be a plan to obtain operational control over the border and all ports of entry into the United States by December 31, 2010. That’s just that a plan has to be in place, doesn’t say it actually has to happen. But basically this entire section specifies all the different things that plan must take into account, most of it fairly standard. Although it does specify this does not relieve the DHS Secretary of the responsibility to get control of the border….although so far that responsibility has been ignored anyway.

Section 112 – Accountable Financing of a Secure Border Initiative

In what is clearly a shot at Boeing, this section requires the Comptroller General of the US to let Congress know the status of the Secure Border Initiative. This is a program I described when it was announced and have since criticized for going way over schedule.

Also, clearly in response to the Dubai Ports fiasco, this bill requires the DHS to notify Congress if a foreign entity attempts to purchase a US port.

Section 121 – Deployment of Border Patrol Agents

Wow, any Governor of a border state can declare a “Border Emergency” and demand up to 1000 agents from the DHS for use in patroling the border. These agents can chase down any illegal entrants.

Now for the downside, the DHS can turn down the request if it impedes the ability of providing border security of other states or if the collective bargaining agreements don’t allow it. So basically our national security is in the hands of the Border Patrol union.

Section 122 – Border Patrol Major Assets

Basically allows the DHS to buy more helicopters, boats and motor vehicles. Requires there to be at least one vehicle for every four agents.

Section 123 – Electronic Equipment

Each motor vehicles gets a laptop computer with access to all the necessary databases. In addition, all vehicles will have encrypted radio equipment with a “Panic Button”, handheld GPS devices, and night vision equipment.

Section 124 – Personal Equipment

Provides each agent with body armor, weapons and uniforms. Moreover, it specifies that the weapons and armor be appropriate considering the threats faced. So if the drug smugglers start using automatic weapons, the agents theoretically should get automatic weapons and the required body armor.

Section 125 – Authorization of Appropriation

Basically authorizes funds for Sections 121 to 125

Section 131 – Definitions

Incredibly obvious definitions for later sections

Section 132 – Expansion of Commerce Security Programs

Basically specifies a plan to be recreated to ensure supply chain security

Section 141 – Alien Smuggling and Terrorism Prevention

All smugglers and smuggled individuals will be checked against terrorist watchlists. Increased punishment of smugglers.

Defines what exactly qualifies as a smuggler, which includes harboring or conspiring to help the individual. This is clearly aimed at religious groups, although there is a passage (Section 141 (a)(2)(C)) that exempts a religious group if that illegal alien is already in the country and part of that religious group for at least one year. Especially strong penalties against those that are repeatedly found to be smuggling.

Section 142 – Border Security on Certain Federal Land

Basically provides for additional protections for lands under federal control such as National Forest Land or wildlife protection areas or whatever. Provides for additional agents to protect them from damage caused by illegal aliens. All of the additional agents are for land along the Southern border.

Section 151 – Short Title

Alternate title for this bill is the Border Law Enforcment Act. You needed an additional section just for that?!?

Section 152 – Findings

This section is basically just setting forth things that Congress believes….kinda a “Sense of the Senate” type deal.

The highlight is the first one, “It is the obligation of the Federal Government of the United States to adequately secure the Nation’s borders and prevent the flow of unauthorized aliens and illegal drugs into the United States.”

Other findings include :

• Border Patrol stops 1 million aliens, but 500,000 get through every year, 94% of which come through the southwest border.
• There are approximately 11 million aliens in the US
• 65% of the drugs in the US come through the southwest border
• Law enforcment for border communities spend at least $89 million a year as a result of illegal aliens
• While the federal government does assist with some criminal aliens and drug-cases, local law enforcement incurs most of the cost of combatting drug trafficking, human smuggling, kidnappings, the destruction of private property, and other border-related crimes
• The United States shares 5,525 miles of border with Canada and 1,989 miles with Mexico.
• Border communities just cannot handle the costs they incur due to their proximity to the border and remain amongst the poorest areas of the country.

Section 153 – Border Relief Grant Program

Basically provides any local law enforcment agency within 25 miles of the border with funds to deal with border issues, as described in Section 152.

Section 154 – Authorization of Appropriations

Allocates $200 million a year for Border Relief grants, which is a little odd considering that Section 151 indicates only $89 million are incurred by local communities. Not sure why the appropriated funds is double the needed amount.

Section 201 – Mandatory Employment Authorization Verification

Yeah! Finally a bill that require employers to follow the law.

Makes the Basic Pilot Program permanant, which the precusor of E-Verify. E-Verify is a online program that allows an employer to verify the legality of an employee or applicant. This section makes use of the E-Verify program mandatory for all employers according to a specified schedule:

• All federal agencies, contractors and employers with more than 250 employees must verify all employees within one year
• All employers with 100 or more employees must verify all employees within two years
• All employers with 30 or more employees must verify all employees within three years
• All employers must verify all employees within four years.

Exempts employer from responsibility if their employment of someone was due to an error in the E-Verify database and they terminate the employee upon notification of the error. And employers that refuse to participate in the E-Verify program

Section 202 – Mandatory Notification of SSN Mismatches and Multiples Uses

Finally we decide to make use of one of the easiest methods we have available to determine the location of illegals. Specifies that the Social Security Administration will notify employers of employees whose social security number does not match that employees name or birth date. That employee then has 10 days, no more, no less to fix the problem. After that the employer is required to terminate them.

Also the Social Security Administration will contact any person for whom two employers or more are reporting income for, to verify that the person using that social security number is actually working for both employers. Failure to provide proof of this means that that social security number does not get credit for that income. Seems to me that this won’t really matter to those who are using the number illegally, this provision needs more teeth.

Social Security Administration must share with the DHS the name and mailing address of anyone using a mismatched social security number or are unauthorized users of someone else’s social security number.

Section 203 – Establishment of Electronic Birth and Death Registration Systems

Lots of details here, but basically this creates a national birth/death registration database. This would replace the current system of each state doing things however they want. Ideally this should make tracking social security number abuse alot easier.

Section 204 – Penalty for Failure to File Correct Information Returns

The IRS severely penalizes ALL employers who are listed by the Social Security Administration as the “most egregious noncompliant employers”. First offense would cost $2,500 to $5,000. Second offense would cost $7,500 to $10,000. Third offense would cost $25,000 to $40,000. This is very much a needed piece of legislation. The current list of top offending employers is an example of what a joke our immigration laws have become.

Section 205 – Authorization of Appropriations

Authorizes funds for sections 201 to 204.

Section 211 – Clarification That Wages Paid to Unauthorized Aliens May No Be Deducted from Gross Income

Lots and lots of financial mumbojumbo here, but the upshot here is that employers can not use wages paid to illegal aliens as a deduction. The concept here, is that this helps make employing illegal aliens so insanely expensive as to much it economic (and legal) suicide for any employer.

Section 301 – Increase Investigative Efforts

Provides for an additional 1,150 Immigration and Custom Enforcement (ICE) agents for interior enforcement. Also provides for an additional 140 Criminal Alien Program (CAP) agents to remove criminal aliens. Also provides for increased training of state and local law enforcement in immigration law enforcement.

Section 302 – Increased Oversight of Agents

Provides for an additional 5 agents in the Office of Professional Responsibility to help enforce integrity and ethical behavior amongst ICE and Customs and Border Patrol (CBP) agents. This is basically to help stave off worries about corruption amonst our Border Patrol. Personally I would advocate for more than five. Five would be sufficient if we weren’t ramping up the number of agents but we certainly are.

Section 303 – Rewards Programs

This is exactly what it sounds like. Basically it provides rewards for anyone providing information regarding illegal information. Some pretty sizeable rewards are possible, such as up to $100,000. Although obviously most rewards will be smaller (less than $50,000) and federal officers and employees are not eligible.

Section 304 – Increased Detention Facilities for Aliens Apprehended for Illegal Entry

Provides for an additional 8,000 beds for detained illegals and allows the government to contract with private companies whenever possible. At least 500 of those beds have to be set up for families. I’m unaware of the total number of beds the Border Patrol has, but this is a very significant increase compared to past increases.

Section 305 – Finding and Purpose

These findings are basically in reference to our court system and most of it is pretty expected. For example, for courts in the southwest US, a very large percentage (49%+) of their caseload is immigration related. And the number of judges is inadequate to meet the demand. Basically an area where more then 49% of the cases are immigration related should get more district judges.

Section 306 – Additional District Court Judgeships

As a result of the findings in Section 305, additional district judges are provided for. The result being that Arizona gets 4 more, California gets 5, New Mexico gets 1 and Texas gets 3. Plus both Arizona and New Mexico get 1 temporary judge, presumably to help burn off some of the backlog of cases. I would have to assume that that judgeship would eventually become permanant.

Section 307 – Media Campaign

Basically the Secretaries of Labor and Homeland Security have to put together a media campaign explaining the changes and their impact. Doesn’t really explain by what means this has to be done. My guess is via pamphlets that nobody will ever read and via a website that nobody can understand.