An Open Letter to the US Senate

To our readers, the following letter has been sent to each of our 100 senators -

Senator:

I served as the first Immigration Director of the Legalization Program which became the 1986 Immigration Reform Act. My experiences and the experiences of thousands of Immigration employees engaged in the implementation at that time are being shared in an effort to enhance legislation currently being considered.

INSideINS and other Blogs are serving as forums for comments and "lessons learned" and have provento be extremely helpful in digesting the concerns and proposals presently being discussed by Congress.

With this letter I wish to bring to your attention what I believe are the most compelling issues from a law enforcement standpoint, which if ignored could prove fatal to the successful implementation of your efforts.

Many of these issues were in fact compromised during the 1986 implementation resulting in extremely highlevels of fraud and contributed to the need today to repeat another amnesty program.

Please consider the following:

• The administration and implementation of any legislation, including review of applications and interviewing of applicants must be conducted by officials within the US government, not by persons outside government. (During implementation of the 1986 Act this responsibility was abdicated by the government and given to Voluntary Organizations. We found, as a result, that fraud became prevalent within that environment.)
  
  
• Persons who have shown complete disregard for immigration laws by reentering the U.S. after having been formally deported, or have engaged in smuggling of aliens, or arranged or entered into marriage fraud should not be eligible for benefits from new legislation. 
  
  
• Persons who have stolen or used the identities of others to obtain government benefits or services should not be eligible for benefits from new legislation.
  
  
• Persons who have failed to report income to the IRS or who fraudulently claim dependents for tax purposes should not be eligible for benefits from this legislation.
  
  

Senator, since as in most cases no printed records will exist of these violations, each of the above infractions and crimes must be determined through in-depth interviews by trained government agents and not relegated to community volunteers. If nothing else matters, this responsibility must be retained by government.

Thank you for your interest.

Sincerely,

Ben Ferro,

District Director, Retired

Millions of Illegal Aliens Use Tax Loophole to Steal Your Tax Dollars

A massive IRS tax loophole provides over $4 billion per year in tax credits to millions of illegal aliens. In many cases, recipients of American taxpayers' misused monies have never even set foot in the United States. And this is the type of crime which would be "forgiven" under the proposed Immigration Reform legislation pending before the US Congress!

Ben Ferro

benferro@insideins.com

INSideINS Draws A Red Line on Proposals Designed To Appease and Accommodate Political Groups Or Interests At The Expense Of Law Enforcement

To our readers:

As you know, we have repeatedly asked the White House, the Secretary of Homeland Security and the Gang of Eight to answer some basic law enforcement questions concerning implementation of an Immigration Reform package. None of the parties have chosen to answer our inquiries. Instead, we have had to read between the lines or just sit tight until they get their votes and expect us to accept their will.  NOT GOING TO HAPPEN HERE!

If you read our Blog on May 1, we reprinted an analysis of the Gang of Eight’s proposal written by the Center for Immigration Studies.  It is clear that Law enforcement is, at best, being winked at in the discussion.  No pursuit of fraud, no concern over egregious immigration violations in the past including Reentry After Deportation, no exclusion for identity theft or obtaining state and federal benefits with stolen documents, no parity with US citizens in the application of law as it relates to IRS violations, and merely a shallow promise to secure the border and put in place meaningful employer sanctions.  It seems clear to us that these proposals intend to relegate the U.S Border Patrol and Special Agents to babysitting functions.  In general, those involved in creating the face of the future immigration in this country have chosen the “path of least resistance”. Please reread the Center’s analysis.

Well, we’re not going to “let them pass it and then read it”, to quote a prominent lawmaker involved in the creation of previous social legislation.

“INSideINS” has drawn a “red line” on every proposal which has surfaced and any that may surface in the upcoming weeks that turn a blind eye to meaningful Law enforcement in implementation of Immigration reform proposals.  Every proposal out there has been so neutered to accommodate political sensitivities and political correctness that we must stand firmly against them.  We are therefore labeling the proposals from the White House, Homeland Security and  from the Gang of Eight, “Immigration/ Appeasement Proposals”.

Ben Ferro

benferro@insideins.com

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THE MORE THINGS CHANGE, THE MORE THINGS STAY THE SAME

Please read this proposed legislation being presented by the government today to address the agricultural immigration needs of the U.S.

This proposal is virtually identical to legislation enacted in the 1986 Act which resulted in thousands of fraudulent applications filed by illegal aliens. In my opinion today’s proposal invites the same disastrous result.

Section 2211 of the Border Security, Economic Opportunity, and Immigration Modernization Act which is currently being considered by the United States Senate has a special provision to grant amnesty to agricultural workers illegally in this country, called “Blue Card” status.

Specifically, the Act provides:

Section 2211: Blue Card Status Requirements

Prospective Blue Card workers who can document working in U.S. agriculture for a minimum of 100 work days or 575 hours in the two years prior to the date of enactment are eligible to adjust to Blue Card status.  Applicant must pass a security and a law enforcement background check in order to be eligible for the program just like any other Registered Provisional Immigrant. 

This provision is strikingly similar to Section 210 of the 1986 Immigration Control and Reform Act, which provided for amnesty for farm workers under the Special Agricultural Worker (SAW) program.

2) Definitions of SAW groups were as follows:

•     Group I : The applicant must have been employed in a qualifying agricultural occupation in the United States for 90 man-days in the aggregate (this means that the 90 days did not have to be consecutive and only one hour of work per day was required to equal a man-day) in each of the 12 month periods ending on May 1, 1984, 1985, and 1986. The applicant must also have resided in the United States for six months, in the aggregate, in each of those 12 month periods.

•     Group II :The applicant must have been employed in the United States for 90 man-days in the aggregate, in qualifying agricultural employment, during the 12 month period ending May 1, 1986. There is no United States residence requirement for SAW Group II.

In retrospect, it’s clear to see that the SAW program was rife with fraud, as illustrated in the two New York Times articles from 1988 which appear below. 

Farm Law Abused by Illegal Aliens

By PETER APPLEBOME, Special to the New York Times

Published: November 17, 1988

Tens of thousands of ineligible applicants are trying to become United States residents under program that was designed to give alien farm workers an easier way to gain legal status country.

More than a million aliens have applied under the program for seasonal agriculture workers, which was originally expected to accommodate perhaps 350,000 people. Immigration say a large portion of those applying now are not eligible but are using the relatively lax documentation requirements of the program as a last chance.

Under the law passed in 1986, illegal aliens had until May 4 to apply for legal status in this country, and most had to prove they lived here continuously since before Jan. 1, 1982.

An Exception Was Made

But in response to lobbying from agricultural interests, an exception to the law was made seasonal farm workers, who have until the end of this month. Those workers only had they were employed in the United States for at least three months between May 1, 1985, May 1, 1986, and the burden of proof was on the Federal Government in turning down applicants.

December 25, 1988

Fraud Charged in Program Giving Amnesty to Illegal Farm Workers

AP

BUFFALO, Dec. 22— Government agents are investigating allegations of widespread fraud in a national amnesty program for farm workers in central and western New York, an immigration official said.

Forty percent of western New York amnesty program applications are believed fraudulent because farmers signed fake work papers for ''vendors'' who charged illegal immigrants up to $1,500 for the bogus documentation, Benedict J. Ferro, district director of the Immigration and Naturalization Service in Buffalo said Tuesday.

As a result of the suspicions, Government agents are investigating fraud allegations in the Special Agricultural Worker amnesty program in western New York, Rochester and Syracuse, Mr. Ferro said.

The program is designed to give illegal alien farm workers a chance at American citizenship, but immigrants with no connection to farm work - including at least one doctor - are using papers obtained through the black market to abuse the process, Mr. Ferro said. Five Arrests in New York.

''We are running into a tremendous fraud problem in the Buffalo area and nationally,'' he said. ''In some areas of the nation, the percentage of fraud is believed to be 60 or 70 percent.''

Investigators have arrested five people in New York in connection with fraud schemes. The agricultural worker program is part of the amnesty plan made possible by the Federal Immigration Reform and Control Act of 1986. It allows illegal immigrants who have performed at least 90 days of farm work between May 1985 and May 1986 to become legal United States residents and,

later, to apply for full citizenship.

The reform act also established sanctions to punish employers who knowingly hire illegal aliens.

False Documentation

Many illegal aliens are filing false documents to the agency in hopes of establishing a legal residence here, Mr. Ferro said. Farmers, in some cases, have accepted payoffs to provide false documentation that immigrants worked for them, he added.

''In some cases in the Rochester area, we've learned that farmers received $500 to provide fake information and the vendors received $1,000 for each application,'' Mr. Ferro said.

''The fraud is so blatant that in one case near Rochester, we had an Indian doctor who worked at a hospital claiming that he had worked for three months picking watermelons.''

In a nine-month inquiry conducted by the immigration service and the United States Attorney's Office, undercover agents posing as migrant workers have infiltrated rings selling fraudulent applications in Lockport, Buffalo, Rochester, Oswego and Syracuse, the authorities said.

The last day of filing for the Special Agricultural Worker program was Nov. 30.

Do you think legislators have learned anything over the past 27 years? Apparently not.

Ben Ferro

BenFerro@insideins.com

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Here's The Bad News: Surprise, Surprise, Will They Ever Learn

Gang of Eight Bill Rewards Lawbreakers and

Undermines Law Enforcement

9/11 hijackers could qualify for legalization

WASHINGTON, DC (May 6, 2013) — A thorough analysis of the Gang of Eight bill’s enforcement and compliance provisions by the Center for Immigration Studies finds serious flaws which will have public safety, national security, and enforcement implications. The extent of the problem is often hidden by S.744’s deceptive language; it contains misleading subtitles which mask the rewards and protection given to lawbreakers. Because the bill excuses nearly all forms of immigration and identity fraud for amnesty applicants, the proposed legislation compromises the integrity of our immigration system.

A detailed analysis, including an extensive table citing the relevant sections of the bill, is at: http://cis.org/reasoner/nothing-good-left-untouched-senate-bill-puts-national-security

“The problems in the Schumer-Rubio bill are so extensive that it is difficult to imagine that an abbreviated mark up or amendment process would be sufficient to reduce its impact on public safety and national security,” said Jessica Vaughan, Director of Policy Studies at the Center. “The passage of narrowly focused bills allowing for more input from law enforcement agencies would be more prudent and help ensure that we don’t create the conditions for another terrorist attack or allow more foreign gangs and criminal organizations to gain a larger foothold in our communities.”

Among the extensive list of flaws: 

Public safety: The bill allows the legalization of aliens who have been convicted of up to three misdemeanors on separate occasions, not counting "minor" traffic offenses. This gives amnesty to aliens with multiple offenses for drunk driving, vehicular homicide, domestic violence, certain sex offenses, theft, identity theft, and other misdemeanors. And, the bill waives criminal offenses for amnesty applicants younger than 18, no matter the seriousness of the offense, and even if the offender was tried as an adult, which provides a loophole for teen-aged gang members to be legalized.

National security: The bill fails to mandate the creation of entry and exit tracking at land ports, and puts off a biometric entry-exit system at and sea ports for 10 years. It will allow arriving aliens to be granted political asylum on the spot, without background checks or in-depth examinations of the claims. It permits the entry of anyone in a loosely defined “persecuted group,” regardless of security concerns. It allows the DHS Secretary to waive background checks before the issuance of work permits and benefits. It withdraws authorization for DHS to designate lists of countries with security concerns whose citizens require enhanced screening.

Fraud: The bill forgives fraud committed by legalization applicants, including re-entry after deportation, use of false documents, skipping immigration hearings, and failure to depart when ordered. The bill provides no criminal penalties for application fraud, except for those applying as farm workers. It protects applicant information from law enforcement agencies.

View the Senate bill, and CIS analysis, testimony, and commentary on the bill, at: http://www.cis.org/Border-Security-Economic-Opportunity-Immigration-Modernization-Act

Reprinted from the Center fro Immigration Studies

Contact: Marguerite Telford

Ben Ferro

BenFerro@insideins.com

What the Administration Won't Answer About Immigration Amnesty!

There continues to be silence from the Administration on just who will be eligible for Immigration Amnesty.

 We, and others have repeatedly asked:

"JUST  WHAT CRIMES ENGAGED IN BY ILLEGAL ALIENS WILL RENDER THEM INELIGIBLE?"

                                                                                                                                        These questions are not going away and we will continue to ask.

1. Is Identity Theft an excludable offense? 

(Many, many persons illegally in the US, are using false or stolen Social Security Cards, Green Cards or other documents to gain employment and other benefits such as food stamps and drivers licenses)

2. Is Reentry after Deportation an excludable offense? 

(Under Immigration Law, Reentry after being Deported is a felony punishable by up to 5 years in jail)

3. Is Marriage Fraud an excludable offense? 

(Presently thought of by Homeland Security as one of the most egregious violations.)

4. Is falsely claiming dependents on income tax forms an excludable offense? 

(Said to be a very common claim made by Illegal aliens)

5. Is failure to claim income on income tax forms an excludable offense? 

(Most illegal aliens paid "under the table" do not claim such income)

6. Will Special Agents be permitted to pursue these and other lines of questions of applicants? 

(During the last amnesty in 1986, Special Agents were prohibited from doing so)

IF THE ADMINISTRATION WON'T ANSWER THESE QUESTIONS, THEN THE GANG OF EIGHT MUST. 

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Ben Ferro

benferrro@insideins.com

Let's Stop Sugar Coating Disregard for Immigration Laws

If Boston taught us anything, it may be that we must deal with every illegal alien, not as simply a part of a group of millions needing government absolution, but as individuals each capable of whatever drives him. True, the vast, vast majority of persons in this country without papers are law abiding, hard working and will no doubt make significant contributions as those before them.  But the notion that it is not possible or affordable to carry out the Immigration  Laws as necessary and appropriate on each and every illegal alien in the country is short-sighted and pure political folly. What will the cost of the "Boston" tragedy be? What will the additional cost of such actions of a few unattended to persons illegally in the our country. Billions and billions!  I know of no one opposed to Immigration Reform for those who deserve it, but put me down for case by case deliberate review of every person illegally in the country. The cost in dollars and public safety to do otherwise will bankrupt this great country.

Ben Ferro

benferro@insideins.com