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Terrorism, Technology & Homeland Security Subcommittee


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Border & Immigration Issues

Securing the borders of the United States to protect against the entry of terrorists, drug smugglers, and illegal aliens – while keeping them open for legitimate visitors and commerce – is one of my highest priorities.

The Need for Immigration Reform and Improved Border Security

Senator Kyl with Border Patrol agentsThe security of the United States and its citizens should be the first and foremost consideration in formulating border and immigration policies. Before the September 11 attacks, some people believed that it was not necessary to either effectively control our borders or collect important information about foreign visitors and other immigrants welcomed into our country. September 11 demonstrated the flaw in that thinking: Knowing whether terrorists are trying to enter the country, and whether visitors abide by their visas and respect our laws, are legitimate issues to be addressed in counterterrorism and immigration policies.

Consider the profound effects that legal and illegal immigration can have. When people enter the country legally, they demonstrate their respect for our laws. We welcome foreign visitors to Arizona, who appreciate our wonderful climate, natural treasures, and southwestern hospitality, and support our local economy. When foreign workers enter legally, they can be matched with certain hard-to-fill or specialty jobs, offering skills to improve our communities, while earning a decent wage and having the chance to enjoy the American dream. Family reunification can be facilitated when people, in good faith, abide by our laws as they seek entry into our country.

By contrast, illegal entry creates a series of problems. Our natural environment is damaged by many thousands of illegal border crossers, who trample sensitive lands and leave tons of trash behind them. Local governments are forced to devote an increasing share of scare resources to deal with illegal immigrants, as well as combating violent human traffickers and criminals who cross our border to take advantage of our open society – which in turn diminishes the ability of local governments to provide improved resources for their own citizens. Health care providers, who are obligated by Federal law to provide emergency care to illegal aliens regardless of their ability to pay, are compelled to cut back or eliminate emergency services, which impacts the ability of Arizonans to obtain care from hospitals and physicians.

Turning a blind eye to illegal immigration, or sanctioning such behavior, undermines the rule of law in our country. It mocks those who wait patiently, sometimes for years, to enter the U.S. through legal channels. It encourages more people to immigrate illegally with the expectation that they, too, might benefit from some future amnesty. Any reform of our nation’s immigration laws should be careful to avoid amnesty by any name.

Mitigating the Costs of Illegal Immigration to Local Communities

When the federal government fails to secure the border, immigration-related costs to state and local governments, and American citizens, can skyrocket. For example, a study by the U.S.-Mexico Border Counties Coalition estimated that hospitals in Arizona were required to provide a whopping $100 million to $200 million a year in uncompensated health care for illegal aliens.

Think what that means to health-care delivery in Arizona. A mother about to deliver her baby may encounter clogged emergency rooms and long wait times because hospitals must devote scarce resources to also treat illegal aliens. Since they are not compensated for the care they are required to provide, hospitals have only a few choices: pass on the costs to paying patients (usually American citizens); absorb the costs; or limit (or eliminate) services they provide to the community.

Recognizing that health-care providers and state and local governments are required to bear these costs because of the federal government’s failure to secure the borders, Congress has begun to provide reimbursement. Before 2001, Congress reimbursed some of the states that were most affected by illegal immigration just $25 million a year; Arizona’s hospitals were unable to obtain a significant portion of that funding. That changed when, as a member of the Senate Finance Committee and a member of the House-Senate conference committee on the Medicare prescription-drug bill, I won passage of $1 billion through 2007 to reimburse hospitals for the federally mandated, but uncompensated, emergency medical care they provide to illegal immigrants. And I made sure Arizona is finally assured a fair allocation of those funds. I have continued to pressure the Mexican government to expeditiously accept the transfer of stabilized Mexican patients from Arizona hospitals when those Mexicans are illegally in the U.S. and unable to pay for their care.

Aside from uncompensated health-care costs, communities are also required to bear the costs of arresting, prosecuting, and jailing illegal immigrants who commit other crimes. According to a study by the University of Arizona, those costs amounted to as much as $125 million per year – and that was just in the 28 southwestern border counties in Arizona, California, New Mexico, and Texas. I have recently introduced legislation (described below) that would ensure the Federal government reimburses States and localities for the costs incurred in dealing with such criminals.

Strengthening the Law

As a member of the Senate Judiciary Committee’s Subcommittee on Immigration, and chairman of its Subcommittee on Terrorism and Homeland Security, I have played an active role in improving security along the border. On July 20, 2005, I joined Senator John Cornyn in introducing the Comprehensive Enforcement and Immigration Reform Act (CEIRA). Our bill would authorize significant increases in personnel and funds needed to control our borders and to enforce the immigration laws in the interior of the U.S. CEIRA contains overdue fixes to numerous long-standing problems. Among other things, it would prevent the release of dangerous criminal aliens until they were removed from the U.S.; combat document fraud through increased training; enhance detention space to deter illegal migration; and reimburse Arizona for the funds expended enforcing Federal immigration laws. CEIRA would also ensure the immigration laws are enforced at the workplace, by requiring employers to accept only improved identity and work eligibility documents, increasing penalties and fines against non-compliant employers, and providing funding for a corps of worksite investigators. CEIRA contains a temporary worker program that would allow businesses to employ foreign laborers on a temporary basis after proving that no U.S. workers are available. It will also call on foreign governments to do their part by agreeing with the U.S. in bilateral agreements to quickly accept repatriation of their citizens who are illegally in the U.S., assisting in reducing criminal gangs and human trafficking, and controlling illegal immigration.

CEIRA does not offer an amnesty to illegal aliens – they would have to depart the U.S. within 5 years, and are encouraged to depart earlier through a series of inducements. Like many Arizonans, I do not believe that foreign nationals should profit from having illegally entered the U.S. by converting their status to that of lawful permanent residents (which is the pathway to citizenship). If “amnesty” means anything, it means receiving an advantage for citizenship from illegal activity.

CEIRA is one of the latest bills that I have cosponsored to solve our immigration problems; but I’ve been working to secure the borders and to ensure the integrity of the immigration system for years. Among other things, I wrote the provisions of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 that boosted the number of Border Patrol agents to protect our borders. I also secured over $200 million for the Customs Service to hire more inspectors and procure more high-tech equipment to help detect terrorists. I helped write the Border Security and Enhanced Visa Entry Reform Act with a bipartisan group of senators. The Act significantly overhauled visa-processing and border policies, and speeded the implementation of the United States Visitor and Immigrant Status Indicator Technology (US-VISIT) program. US-VISIT has now been implemented at all air, sea and land ports through which visitors to the U.S. are permitted to enter.

I have worked every fiscal year from 1995 through 2006 to improve and increase U.S. assets on the southern border through a variety of appropriations bills. I have secured increased funding for Border Patrol vehicles, patrol stations, equipment, and infrastructure; border fences and vehicle barriers; detention facilities and bed space; SENTRI lanes; records modernization; interior enforcement; and additional legal staff to process criminal aliens.

The latest appropriation for the Department of Homeland Security includes funding for a host of initiatives that I have long advocated for Arizona. These include a total of nearly $9 billion for securing the nation’s borders with increased personnel. Those monies include $1.7 billion for hiring of 1,000 new Border Patrol agents and $1.4 billion to increase detention capacity. The appropriation also funds a variety of other projects I have sponsored, dedicating $1.3 billion to DHS investigations and intelligence programs, adding 250 additional investigators to enforce worksite and other immigration laws, and supporting the $536 million expansion of the U.S. Customs and Border Protection’s air and marine capabilities. Further, $35 million is appropriated for the construction of tactical infrastructure along the Arizona border, such as roads, barriers and lights. These investments, known as “force multipliers,” will dramatically improve the Border Patrol’s ability to reach and provide coverage of the more remote sections of the desert. They will be augmented by the construction of new Border Patrol stations in Willcox and Sonoita, providing bases for operations as well as processing and detention facilities. A total of $3.3 billion is included for first responder grants and assistance; $40 million for grants to States to implement the REAL ID Act of 2005, which standardizes requirements for state-issued drivers’ licenses and makes them harder to counterfeit; $1.3 billion in grants to support state, local and urban governments’ efforts to equip, train and exercise personnel and assess their levels of emergency preparedness; $400 million for local law enforcement grants related to terrorism prevention; and $655 million in grants for upgrades and improvements for local firefighters, emergency medical personnel, and other first responders. Finally, the bill sets aside $340 million to continue the development of US Visitor and Immigrant Status Indicator Technology (US VISIT).

For More Information

As chairman of the Senate Subcommittee on Terrorism, Technology, and Homeland Security, I invite you to visit the Subcommittee’s website to learn about additional efforts I’ve undertaken to better control our nation’s borders, fight terrorism, and improve homeland security.

Printable Version
Related Press Material:

10/20/06 Kyl Praises Supreme Court Ruling on Voter ID Law

09/18/06 Kyl, Feinstein Urge DHS to Strengthen Security of Visa Waiver Program

08/02/06 Kyl Legislation to Help Alleviate Backlog of Immigration-Related Cases

More Border & Immigration press material

Senator Kyl's INS Online Assistance Center

11/14/03 RPC Paper: Immigrants Welcomed to Pursue Opportunity, Not Dependence (pdf, 41K)
11/4/03 RPC Paper: Resources for Immigration Policy Reform (pdf, 31K)

Senator Kyl Legislation:
Roll Call Votes
Bills Sponsored
Bills Co-sponsored

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