David Schweikert on Immigration

Real border security and no amnesty

My position on illegal immigration is clear: No more excuses about the failure to secure Arizona's border. We must have real border security and no amnesty for illegal immigrants.

No birthright citizenship unless one parent is an American.

Congressional Summary:
Amends the Immigration and Nationality Act to consider a person born in the United States "subject to the jurisdiction" of the United States for citizenship at birth purposes if the person is born in the United States of parents, one of whom is:

1. a U.S. citizen or national,
2. a lawful permanent resident alien whose residence is in the United States, or
3. an alien performing active service in the U.S. Armed Forces.

Stop releasing low-risk illegal immigrants.

Letter from office of Rep. Matt Salmon (R-AZ-5) signed by 37 Members of Congress

Dear Secretary Napolitano,

We are deeply concerned that the Department of Homeland Security (DHS) is using sequestration as a vehicle to further the Administration's disregard for enforcing our immigration laws. Specifically, we are troubled by recent reports that DHS has released hundreds of illegal immigrants, rather than finding cost savings elsewhere in the agency.

Your agency's decision to release "low-risk" illegal immigrants back into the public under the guise of saving money is unprecedented and dangerous. The inability of DHS to prioritize resources for potential cuts suggests this decision was either politically motivated to further the Administration's amnesty goals or, at best, demonstrates agency incompetence.

Given the public safety and national security concerns this decision raises, we respectfully request you halt any further action to release detained illegal immigrants. Also, please respond to the following questions, regarding individuals already released, pending release, or anticipated to be released:

• The number of detainees released and the geographic location of where the releases took place;
• Any plans for future releases, and the geographic location of where those releases will take place;
• The name of the DHS official who authorized the review of detained illegal immigrants for release;
• The criteria used to determine who is eligible for release;
• The number of reviewed detainees denied release and the specific reasons for such denials;
• A list identifying cuts to the DHS budget implemented prior to the release of the detainees, the budget savings achieved, and why these savings were insufficient;
• How DHS is tracking illegal immigrants released under this plan, and whether they will be ordered back to detention centers if funding becomes available.

Voted YES to ban DREAMer immigrants from military service.

Congressional Summary: The House voted on an amendment by Rep. Paul Gosar (R-AZ) to H.R. 5293, the Department of Defense Appropriations Act of 2017. The amendment would prohibit funds from being used to extend the expiration of, or reissue a new expiration date to, the Military Accessions Vital to National Interest (MAVNI) program.

Recommendation by Heritage Foundation to vote YES:(6/16/2016): The MAVNI program is a pilot program authorizing "military services to recruit certain legal immigrants whose skills are considered to be vital to the national interest." However, a DoD memo has made it clear that DACA/DAPA recipients are eligible under this program, essentially opening up a pathway to amnesty for illegal aliens who enlist. By ensuring that this guidance ends, DOD will no longer be able to enlist illegal immigrants through MAVNI.

Recommendation by the ACLU to vote NO: (6/28/2011): The DREAM Act promotes fundamental fairness for young people by allowing access to affordable post-secondary education and military service opportunities, regardless of immigration status, and would provide a path to citizenship for undocumented immigrants who came to the U.S. as children, have lived here for at least five years and have graduated from high school. The DREAM Act could result in billions of dollars in additional tax revenue from tapping the potential of DREAM-eligible students and future service personnel. Since September 11, 2001, more than 69,000 immigrants have earned citizenship while serving, and more than 125 who entered military service after that date have made the ultimate sacrifice in war by giving their lives for this nation.

Legislative outcome: Failed House 210 to 211 (no Senate vote)

Analyze terrorism and criminal threats on southwest border.

This bill calls for a southwest border threat analysis that includes an assessment of:
• terrorism and criminal threats posed by individuals and organized groups seeking to unlawfully enter the US through the southwest border
• improvements needed at and between ports of entry along such border to prevent terrorists and instruments of terror from entering the US
• gaps in law, policy, law enforcement, or international agreements that hinder effective and efficient border security, counterterrorism, anti-human smuggling and trafficking efforts, and the flow of legitimate trade along such border; and
• the current percentage of situational awareness and of operational control of US borders achieved by DHS of the international land and maritime borders of the US.
• The bill requires, every five years, a Border Patrol Strategic Plan that includes consideration of the southwest border threat analysis and an assessment of principal border security threats.

Increase both high-skill and family-based visa caps.

Legislative Summary:This bill increases the per-country cap on family-based immigrant visas from 7% of the total number of such visas available that year to 15%, and eliminates the 7% cap for employment-based immigrant visas. It also removes an offset that reduced the number of visas for individuals from China. The bill also establishes transition rules for employment-based visas from FY2020-FY2022, by reserving a percentage of EB-2 (workers with advanced degrees or exceptional ability), EB-3 (skilled and other workers), and EB-5 (investors) visas for individuals not from the two countries with the largest number of recipients of such visas. Of the unreserved visas, not more than 85% shall be allotted to immigrants from any single country.

Explanation from the Countable.US: Under the current immigration system, immigrants from any one country can claim no more than 7% of the 140,000 employment-based green cards issued annually to foreign nationals working in the U.S. This significantly disadvantages immigrants from larger countries that more immigrants come from.

For example, China (population 1.3 billion) and India have large backlogs of workers wishing to immigrate to and work in the U.S., but they have the name visa caps as countries such as Iceland or Estonia (population 1.3 million), which have both much smaller populations and far fewer citizens seeking to immigrate to the U.S.

The net effect of this is that immigrants from India and China can face decades-long waits, averaging 2-3 times the wait times for immigrants from other countries, for green cards, and many have to return home because they can't get permanent residency; meanwhile, countries such as Iceland and Estonia never come close to reaching their visa limit caps.

Legislative outcome Roll call 437 in House on 7/10/2019 passed 365-65-2; referred to Committee in Senate 7/9/2019; no action as of 1/1/2020.

Allow immigration bans from non-cooperating countries.