Congressman Dreier
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Secure Borders FIRST | Border Fence | SCAAP

Secure Borders FIRST

Congressman Dreier is opposed to amnesty and believes that we must first enhance our border security to reform our immigration system.

Congressman Dreier’s immigration bill, H.R. 98, the Illegal Immigration Enforcement and Social Security Protection Act is a key component of the border security package being championed by House Republicans, H.R. 2954, the Secure Borders FIRST (for Integrity, Reform, Safety and anti-Terrorism) Act.  Congressman Dreier co-authored this legislation because he believes that border security is national security.

H.R. 98, the Illegal Immigration Reform and Social Security Protection Act:

  • Creates a “smart” counterfeit-proof Social Security Card for employers to verify the work status of their employees;
  • Establishes an Electronic Workplace Eligibility Database at the Department of Homeland Security; and
  • Cracks down on employers who knowingly hire illegal immigrants.

H.R. 2954, the Secure Borders FIRST (For Integrity, Reform, Safety and Anti-Terrorism) Act:

  • Deports all alien criminal street gang members;
  • Hires 18,000 more Border Patrol Agents
  • Makes English our official language
  • Allows state and local law enforcement to assist in the enforcement of Federal immigration law
  • Increases aerial surveillance and other border security technologies and
  • Requires mandatory detention for all illegal immigrants apprehended along the border

As part of an ongoing effort to secure our borders and enhance national security, in December 2005, the House passed, with Congressman Dreier’s support H.R. 4437, the Border Protection, Antiterrorism, and Illegal Immigration Control Act. The bill strengthens border security by re-authorizing 8,000 new Border Patrol agents and 32,000 new detention beds. H.R. 4437, also incorporates state-of-the-art surveillance technology, including cameras, sensors, and Unmanned Aerial Vehicles along the border. In addition, during debate on the measure, the House adopted an amendment coauthored by Congressman Dreier to construct border fences at five specific border zones where deaths are common, drug smuggling is rampant and illegal border crossings are numerous.

H.R. 4437 takes significant steps to enforce our immigration laws and reform detention and removal procedures. For example, the measure bars alien terrorists from becoming U.S. citizens and enhances cooperation between local law enforcement officers and federal immigration officials. H.R. 4437 also ends the "catch and release" policy by requiring mandatory detention for all aliens caught attempting to enter the country illegally and use of the expedited removal process for many of those caught.

H.R. 4437 combats the hiring of illegal workers by providing employers with an electronic employment eligibility verification system. This program confirms or denies the work authorization status of prospective employees by verifying the authenticity of Social Security numbers. This provision closely mirrors the goal of legislation authored by Congressman Dreier, H.R. 98, the Illegal immigration Enforcement and Social Security Protection Act  (hyperlinked), which would create a counterfeit-proof Social Security card for employer verification purposes and provide additional resources to the Department of Homeland Security to enforce compliance with laws regulating the hiring of illegal aliens. In addition, H.R. 4437 calls for the Social Security Administration to determine how best to implement such a program.

Enactment of H.R. 4437 will build on the important border security provisions enacted into law last year. On May 5, 2005, the House approved H.R. 418 the Real ID Act, and Congressman Dreier’s legislation, H.R. 100, the Citizens and Legal Immigration (CALI) Act. These bills were included in H.R. 1268, the Emergency War Supplemental bill, which provides vital funding for our troops in Iraq and the war on terrorism. H.R. 1268, the Real ID Act and the CALI Act passed the House, with Congressman Dreier’s support, by a vote of 368 to 58. On May 11, 2005, the President signed these bills into law.

The Real ID Act, which Congressman Dreier co-authored, completes the California/Mexico border fence, prevents terrorists from exploiting our asylum laws and enacts stronger security standards for the issuance of driver's licenses, including a requirement to provide proof of lawful presence in the U.S. The Real ID Act also included provisions of Congressman Dreier’s bill, the CALI Act, which helps alleviate the growing stress on the federal courts due to the increasing number of cases being filed by criminal aliens. In addition, the Emergency War Supplemental bill provides $176 million to hire 500 new Border Patrol agents and $454 million for Immigration and Customs Enforcement to hire additional immigration enforcement agents and fund operational activities.

Congressman Dreier has long supported efforts to fight illegal immigration, including enhanced border policing efforts, enforcement of laws against the hiring of undocumented immigrants, improved technology at the border, and a doubling in the size of the Border Patrol. Congressman Dreier opposes blanket amnesties that have the potential to undermine efforts to deter illegal immigration. In fact, Congressman Dreier voted against the 1986 Immigration Reform and Control Act because it granted amnesty to millions of illegal immigrants. Congressman Dreier also voted for the 1996 Illegal Immigration Reform and Immigrant Responsibility Act, which increased border patrol and investigative personnel, raised penalties for alien smuggling and document fraud, reformed exclusion and deportation law and procedures, and improved the verification system for eligibility for employment.

Congressman Dreier voted for H.R. 2360, the fiscal year 2006 Department of Homeland Security Appropriations Act, which allocates $1.8 billion for border security and control, providing for an additional 1,000 Border Patrol Agents. The bill also includes $3.4 billion for Immigration and Customs Enforcement to add 150 more criminal investigators and 200 Immigration Enforcement Agents. When combined with the Emergency Supplemental Appropriations bill, 1,500 new Border Patrol agents and 568 Immigrations and Customs officers will be hired this year.

Congressman Dreier also authored legislation to combat the construction of illegal border tunnels entering our country.  Since September 11, 2001, U.S. authorities have discovered 38 tunnels crossing international borders into the U.S.  These tunnels range in complexity from simple “gopher holes” a few feet long, to massive drug-cartel built mega-tunnels.  The use of such tunnels undermines our efforts to protect the border and poses a significant threat to our national security.  H.R. 4830, the Border Tunnel Prevention Act, would crack down on those who seek to use these tunnels to illegally enter our country by criminalizing the construction of border tunnels that span our international borders.  Specifically, the bill criminalizes the construction or financing of an unauthorized tunnel or subterranean passage across an international border into the U.S. with a term of imprisonment up to 20 years.  H.R. 4830 also punishes those who recklessly permit others to construct or use an unauthorized tunnel or subterranean passage on their land with of term imprisonment of up to 10 years.  This is necessary to impose a duty of care on the owner, lessor, or renter of a property to watch that it’s not being used for illegal purposes.  In addition, the bill mandates that any person who uses such an illegal tunnel to smuggle aliens, weapons, drugs, terrorists, or illegal goods will be punished by doubling the sentence for the underlying offense if convicted.  Finally, H.R. 4830 ensures that assets involved in the offense, or any property traceable to the offense, may be subject to forfeiture.  On September 21, 2006, the House unanimously approved H.R. 4830 by a vote of 422 to 0.  Unfortunately the 109th Congress ended before H.R. 4830 could be considered on the Senate floor. 

Border Tunnel Prevention Act

Border Fence

In the 109th Congress, the House approved several measures that are vital to securing our borders. H.R. 6061, the Secure Fence Act, which passed the House with Congressman Dreier’s support on September 14, 2006 and was signed into law by the President on October 26, requires the Secretary of the Department of Homeland Security (DHS) to construct fences at border zones along the southwest border where deaths are common, drug smuggling is rampant and illegal border crossings are numerous. H.R. 6061 specifically provides for over 700 miles of two-layered reinforced fencing along the southwest border with prioritized placement at critical, highly populated areas and mandates that DHS achieve and maintain operational control over the entire border through a “virtual fence” that deploys cameras, ground sensors, Unmanned Aerial Vehicles (UAVs) and integrated surveillance technology. H.R. 6061 also requires DHS to provide all necessary authority to border personnel to disable fleeing vehicles, similar to the authority held by the United States Coast Guard for maritime vessels and further requires DHS to assess vulnerabilities and border infrastructure needs on the northern border.

Funding for the border fence was provided by H.R. 5441, the fiscal year 2007 Department of Homeland Security Appropriations Act, which passed the House with Congressman Dreier’s support on September 29, 2006 and was signed into law by the President on October 4. This bill includes $2.77 billion to add 1,500 agents to the Border Patrol as well as $1.2 billion for border fencing and technology and $4.2 billion for Immigration and Customs Enforcement (ICE). Construction on the first phase of the fence on the border of Arizona and Mexico began on January 24, 2007.  To date, 91 miles of new pedestrian fencing and 90 miles of new vehicle barriers have been completed. The Department of Homeland Security also recently announced that it would be utilizing its authority under the Real ID Act to complete 370 miles of fencing along the southern border by the end of the year. 

Additionally, in order to address previous concerns raised by DHS that the department did not have sufficient authority or resources to complete the border fence, Congressman Dreier has joined with California Representative Duncan Hunter in co-sponsoring H.R. 5124, the Reinstatement of the Secure Fence Act of 2008. This legislation mandates the construction of at least 700 miles of new, double-layered border fencing six months after passage of the bill.

SCAAP

Over the last few years, Congressman Dreier has worked to secure greater funding for the State Criminal Alien Assistance Program (SCAAP), which provides federal assistance to states and units of local government for incurring costs of incarcerating illegal aliens. Since the program was created in 1994, California has received 40 percent ($1.8 billion) of all SCAAP funding. Recently, he joined his California colleagues urging the House Appropriations Committee to fully fund SCAAP. On July 25, 2007, during debate of H.R. 3093, fiscal year 2008 Commerce, Justice Science and Related Agencies Appropriations Act, the House adopted an amendment co-authored by Congressman Dreier to provide an additional $55 million in funding for SCAAP, raising the total to $460 million for 2008.

In the 109th Congress, during debate of H.R. 2862, the fiscal year 2006 Science, Departments of State, Justice, and Commerce Appropriations Act, the House adopted Congressman Dreier’s amendment, by a vote of 231 to 195, to provide an additional $50 million for SCAAP, raising the total to $405 million for 2006. The $405 million allocation was signed into law on November 22, 2005.