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Jim DeMint on Immigration

Republican Jr Senator; previously Representative (SC-4)


2007: Led effort to stop amnesty for illegal immigrants

I led the effort in the Senate to stop the amnesty legislation for illegal immigrants in 2007. It was painful because I wanted to play a constructive role developing an immigration system that would make all Americans proud, but politics trumped legitimate reform. Pres. Bush wanted to show compassion toward those here illegally, and the Democrat wanted ten million new voters & union members. Fortunately the American people rose up and demanded that Congress enforce our laws. Unfortunately we were called "bigots" for insisting on the rule of law.

Americans welcome legal immigrants from all over the world. But ignoring the rule of law in the name of compassion undermines legitimate government. Demanding that the federal government enforce ou laws does not mean Americans are anti-immigrant; it means we want a workable, enforceable immigration system that honors those who follow a legal path when they come to our country. That is how we will save freedom for all Americans, including immigrants

Source: Saving Freedom, by Jim DeMint, p.196 , Jul 4, 2009

Voted NO on continuing federal funds for declared "sanctuary cities".

CONGRESSIONAL SUMMARY: To create a reserve fund to ensure that Federal assistance does not go to sanctuary cities that ignore the immigration laws of the United States and create safe havens for illegal aliens and potential terrorists. This vote is a motion to table the amendment; voting YES would kill the amendment.

SUPPORTER'S ARGUMENT FOR VOTING NO ON TABLING MOTION:Sen. VITTER: There are so-called sanctuary cities which establish as an official policy of their jurisdiction: We are not going to cooperate with Federal immigration enforcement officials. That is wrong. What is more, it is completely contrary to Federal immigration law. My amendment says: We are going to put some consequence to that defiance of Federal law. We are not going to give them COPS funds. We are going to send those funds, instead, to all of those other jurisdictions which abide by Federal law.OPPONENT'S ARGUMENT FOR VOTING YES ON TABLING MOTION:Sen. DURBIN: There are sanctuary cities in about 23 different States across America. What the Vitter amendment will do is to take away the COPS funding from those cities. Police departments will tell you they need the cooperation of everyone to solve crimes and stop crime. If you create fear in the minds of those who are here in an undocumented status that any cooperation with the police will result in their arrest, they will not cooperate and criminals will go free. Let's not use the COPS Program as some sort of threat. If you want to deal with immigration, deal with it responsibly in a comprehensive way. SUPPORTER'S RESPONSE:Sen. VITTER: If folks feel that way, they should come to Congress and change Federal law, not simply defy Federal law. This is another amnesty vote. Are we going to give folks in sanctuary cities amnesty for defying Federal law and refusing to cooperate with Federal immigration officials? LEGISLATIVE OUTCOME:Motion to Table Agreed to, 58-40

Reference: Bill Table S.Amdt.4309 to S.Con.Res ; vote number 08-S069 on Mar 13, 2008

Voted NO on comprehensive immigration reform.

    Establishes specified benchmarks which must be met before the guest worker and legalization programs may be initiated:
  1. operational control of the border with Mexico;
  2. Border Patrol increases;
  3. border barriers, including vehicle barriers, fencing, radar, and aerial vehicles;
  4. detention capacity for illegal aliens apprehended crossing the US-Mexico border;
  5. workplace enforcement, including an electronic employment verification system; and
  6. Z-visa alien processing.

Proponents recommend voting YES because:

If we do not legislate now, we will not legislate later this year when our calendar is crowded with Iraq and appropriations bills. We are then an election year, and it will be pushed over to 2009. Circumstances will not be better then, they will be worse.

A vote against cloture is a vote to kill the bill. A Senator may vote for cloture and then express himself in opposition to the bill by voting against the bill.

Opponents recommend voting NO because:

If this bill becomes law, we will see only a 13% reduction in illegal immigration into America, and in the next 20 years we will have another 8.7 million illegals in our country. How can that be reformed? I submit this would be a disaster.

The Congressional telephone systems have shut down because of the mass phone calls Congress is receiving. A decent respect for the views of the American people says let's stop here now. Let's go back to the drawing board and come up with a bill that will work.

The American people get it, and they do have common sense and wisdom on this issue. They know repeating the fundamental mistakes of the 1986 bill, joining a big amnesty with inadequate enforcement, will cause the problem to grow and not diminish. They know promising enforcement after 30 years of broken promises isn't good enough. They know the so-called trigger is a joke because if the trigger is never pulled, the Z visas, the amnesty happens forever.

Reference: McCain-Kennedy Immigration Reform Bill; Bill S.1639 ; vote number 2007-235 on Jun 28, 2007

Voted YES on declaring English as the official language of the US government.

Voting YES would declare English as the national language of the Government of the US. Unless specifically provided by statute, no person would have an entitlement to have the Government of the US communicate or provide materials in any language other than English. If an exception is made with respect to the use of a language other than English, the exception does not create a legal entitlement to additional services in that language. If any form is issued by the Federal Government in a language other than English, the English language version of the form is the sole authority for all legal purposes. Nothing in this amendment shall prohibit the use of a language other than English.

Proponents recommend voting YES because:

Right now, the polling shows that 91% of the people in America want English as an official language, and 76% of Hispanics believe English should be an official language.

Opponents recommend voting NO because:

I believe the American people understand in order to succeed in our society, immigrants need to learn English. But the amendment would do a number of things that are problematical. The first is that it is contrary to the provisions of law that exist in many States. For example, in New Mexico, you have in their State Constitution, a provision that says that many of the documents within that State have to be provided in both English and Spanish. The same thing is true for the State of Hawaii. I believe this is a States rights issue, and those constitutions of those States ought to be respected. I do not believe it is a matter we ought to be imposing here from Washington DC.

Also, this amendment would undo an executive order conceived by President Bill Clinton and implemented by President George Bush. Both recognized it is important that people who have limited English proficiency receive the kinds of services so they can understand what is going on in terms of the interface between the Government and themselves.

Reference: National Language Amendment Act; Bill S.Amdt.1151 to S.1348 ; vote number 2007-198 on Jun 6, 2007

Voted NO on eliminating the "Y" nonimmigrant guestworker program.

Proponents recommend voting YES because:

This legislation says we wish to add something called guest workers or temporary workers. With guest workers, working Americans would discover there is no opportunity for upward mobility at their job. In fact, every day their employers are trying to find ways to push down wages, eliminate retirement, and eliminate health care. What has happened in this country, with what is called the "new global economy," is dramatic downward pressure on income for American workers. The guest worker program provides that 400,000 people will be able to come in to assume jobs in our country per year--adding to the 12 million illegal immigrants already here.

Opponents recommend voting NO because:

I certainly concur about the need to secure our borders, about the need to have a workable immigration system, and the need for reform that ensures the rule of law is restored in the US. Where I differ is in the belief that we can actually achieve these goals if we have no ability for temporary workers to come to the country. This amendment would eliminate the temporary worker program from this bill.

Now, there are several reasons why a temporary worker program, within certain constraints, is a good idea. The first reason is because it will help to relieve the magnet for illegal immigration. The reason most of the people are crossing our border illegally is to get employment. There are jobs available for them. Some people say this is work Americans will not do. That is actually not true. But there are not enough American citizens to do all of the work that needs to be done. So naturally the law of supply and demand sets in here. People come across the border illegally, and they take that work. What we want to do is both close the border, but also eliminate the magnet for illegal employment here, because the reality is desperate people will always try to find some way to get into the country.

Reference: Dorgan Amendment; Bill S.Amdt.1153 on S.1348 ; vote number 2007-174 on May 22, 2007

Voted YES on building a fence along the Mexican border.

Within 18 months, achieves operational control over U.S. land and maritime borders, including:
  1. systematic border surveillance through more effective use of personnel and technology; and
  2. physical infrastructure enhancements to prevent unlawful border entry
Defines "operational control" as the prevention of all unlawful U.S. entries, including entries by terrorists, other unlawful aliens, narcotics, and other contraband.

Proponents support voting YES because:

It is obvious there is no more defining issue in our Nation today than stopping illegal immigration. The most basic obligation of any government is to secure the Nation's borders. One issue in which there appears to be a consensus between the Senate and the House is on the issue of building a secure fence. So rather than wait until comprehensive legislation is enacted, we should move forward on targeted legislation which is effective and meaningful. The legislation today provides over 700 miles of Within 18 months, achieves operational control over U.S. land and maritime borders, including:

  1. systematic border surveillance through more effective use of personnel and technology; and
  2. physical infrastructure enhancements to prevent unlawful border entry
Defines "operational control" as the prevention of all unlawful U.S. entries, including entries by terrorists, other unlawful aliens, narcotics, and other contraband.

Proponents support voting YES because:

It is obvious there is no more defining issue in our Nation today than stopping illegal immigration. The most basic obligation of any government is to secure the Nation's borders. One issue in which there appears to be a consensus between the Senate and the House is on the issue of building a secure fence. So rather than wait until comprehensive legislation is enacted, we should move forward on targeted legislation which is effective and meaningful. The legislation today provides over 700 miles of

Reference: Secure Fence Act; Bill H R 6061 ; vote number 2006-262 on Sep 29, 2006

Voted NO on establishing a Guest Worker program.

Reference: Comprehensive Immigration Reform Act; Bill S. 2611 ; vote number 2006-157 on May 25, 2006

Voted NO on allowing illegal aliens to participate in Social Security.

Voting YEA would table (kill) the proposed amendment to prohibit illegal immigrants from receiving Social Security benefits. Voting NAY supports that prohibition, while voting YEA supports immigrants participating in Social Security. Text of amendment:
To reduce document fraud, prevent identity theft, and preserve the integrity of the Social Security system, by ensuring that persons who receive an adjustment of status under this bill are not able to receive Social Security benefits as a result of unlawful activity.
Reference: Preclusion of Social Security Credits; Bill S.Amdt.3985 to S.2611 ; vote number 2006-130 on May 18, 2006

Voted NO on giving Guest Workers a path to citizenship.

This amendment to the Comprehensive Immigration Reform Act would prohibit H-2C nonimmigrants ("Guest Workers") from adjusting to lawful permanent resident status. Voting YEA on the motion to table (which would kill the amendment) indicates supporting a path to citizenship for guest workers. Voting NAY on the motion indicates opposing any path to citizenship. The amendment says:
Notwithstanding any other provision of this Act, an alien having nonimmigrant status is ineligible for and may not apply for adjustment of status.''
Reference: Kyl Amendment to Comprehensive Immigration Reform Act; Bill S.Amdt.3969 to S.2611 ; vote number 2006-135 on May 18, 2006

Voted YES on extending Immigrant Residency rules.

Vote on motion to suspend the rules and pass the bill that would extend by four months a law allowing some immigrants to remain in the country while pursuing legal residency.
Reference: Motion sponsoerd by Gekas, R-PA; Bill HR1885 ; vote number 2001-127 on May 21, 2001

Rated 100% by FAIR, indicating a voting record restricting immigration.

DeMint scores 100% by FAIR on immigration issues

The Federation for American Immigration Reform (FAIR) is a national, non-profit, public interest membership organization of concerned citizens united by their belief in the need for immigration reform. Founded in 1979, FAIR believes that the U.S. can and must have an immigration policy that is non-discriminatory and designed to serve the environmental, economic, and social needs of our country.

FAIR seeks to improve border security, to stop illegal immigration, and to promote immigration levels consistent with the national interestómore traditional rates of about 300,000 a year.

With more than 70,000 members nationwide, FAIR is a non-partisan group whose membership runs the gamut from liberal to conservative.

The ratings are based on the votes the organization considered most important; the numbers reflect the percentage of time the representative voted the organization's preferred position.

Source: FAIR website 03n-FAIR on Dec 31, 2003

Rated 91% by USBC, indicating a sealed-border stance.

DeMint scores 91% by USBC on immigration issues

OnTheIssues.org interprets the 2005-2006 USBC scores as follows:

About USBC (from their website, www.usbc.org):

U.S. Border Control, founded in 1988, is a non-profit, tax-exempt, citizen's lobby. USBC is dedicated to ending illegal immigration by securing our nation's borders and reforming our immigration policies. USBC [works with] Congressmen to stop amnesty; seal our borders against terrorism and illegal immigration; and, preserve our nation's language, culture and American way of life for future generations.

Our organization accepts no financial support from any branch of government. All our support comes from concerned citizens who appreciate the work we are doing to seal our borders against drugs, disease, illegal migration and terrorism and wish to preserve our nation's language, culture and heritage for the next generations.

Source: USBC website 06n-USBC on Dec 31, 2006

Zero tolerance for border crossing via increased prosecution.

DeMint co-sponsored bill for zero tolerance for border crossing via increased prosecution

Expand Operation Streamline (the zero-tolerance prosecution policy for illegal entry and reentry) to all 20 border sectors. Amends the Immigration and Nationality Act to:

  1. revise and increase criminal penalties, including establishing mandatory minimum penalties, for an alien's entry into the United States at an improper time or place; and
  2. revise criminal penalty and related provisions, and establish mandatory minimum sentences, respecting the reentry of an alien who has been removed from the United States.
Amends the federal criminal code to establish a mandatory minimum criminal penalty of five years for an alien's destruction of U.S. government-installed border barriers or infrastructure.
Source: Border Crossing Deterrence Act (S.2709) 08-S2709 on Mar 5, 2008

Government services in English only.

DeMint co-sponsored bill requiring government services in English only

A bill to provide that Executive Order 13166 shall have no force or effect, and to prohibit the use of funds for certain purposes.

Be it enacted that Executive Order 13166, 'Improving Access to Services for Persons with Limited English Proficiency' (August 16, 2000), is null and void and shall have no force or effect.

On August 11, 2000, the President signed Executive Order 13166. The Executive Order requires Federal agencies to examine the services they provide, identify any need for services to those with limited English proficiency (LEP), and develop and implement a system to provide those services so LEP persons can have meaningful access to them.

Source: S.2719/H.R.768 08-S2719 on Mar 5, 2008

Rated A by the ALI, indicating a strongly anti-amnesty stance.

DeMint scores A by ALIPAC, Americans for Legal Immigration

ALIPAC supporters have a diverse range of opinions, yet we are united in the belief that more should be done to reduce illegal immigration. ALIPAC supports those that legally immigrate, but we DO NOT support any amnesty, visa expansion, or "Guest Worker" program designed to reward illegal aliens or legalize their presence in the US. We support a peaceful, non racist, rule of law approach to resolving illegal immigration. America is a land of generous and caring people, but our hospitality and values are being strained and abused by those who are willing to break the law and take our jobs and our tax dollars. America's illegal alien population will begin to shrink instead of grow if we support candidates that will reflect the will of the vast majority of American citizens.

    FOUR POINT PLATFORM: "Simply enforce our existing immigration laws!"
  1. Secure Our Borders
  2. Crack down on employers that intentionally hire illegals
  3. Remove incentives and rewards to illegals such as licenses, welfare, and other taxpayer benefits
  4. Enforce our existing laws and deport illegal aliens when convicted of crimes or detected during routine law enforcement activities.
Source: ALI website 10-ALI on Nov 2, 2010

Declared English the official language of the US.

DeMint co-sponsored declaring English the official language of the US

OFFICIAL CONGRESSIONAL SUMMARY:

EXCERPTS FROM BILL:

    The Congress finds and declares the following:
  1. The US is comprised of individuals and groups from diverse ethnic, cultural, and linguistic backgrounds.
  2. The US has benefited and continues to benefit from this rich diversity.
  3. The common thread binding individuals of differing backgrounds has been a common language.
  4. The Federal Government should maintain a language common to all people.
  5. English has historically been the common language and the language of opportunity in the US.
  6. The purpose of this title is to help immigrants better assimilate and take full advantage of opportunities in the US.
  7. By learning the English language, immigrants will be empowered with the language skills and literacy necessary to become responsible citizens and productive workers in the US.
  8. The use of a single common language in conducting official business of the Federal Government will promote efficiency and fairness.
  9. English should be recognized in law as the language of official business of the Federal Government.
  10. Any monetary savings derived from the enactment of this title should be used for the teaching of the English language to non-English-speaking immigrants.
Source: English Language Empowerment Act (H.R.123) 99-HR0123 on Jan 6, 1999

Other candidates on Immigration: Jim DeMint on other issues:
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