Schumer-Rubio Bill Amnesties Illegal Aliens and Their Employers

The "Gang of Eight" claims that its immigration bill does not provide amnesty for illegal immigrants. But an analysis of the legalization portion of the 844-page Senate proposal uncovers at least 11 amnesties for illegal aliens and their employers.

The report, by Ronald Mortensen, a Fellow at the Center for Immigration Studies, shows that the token penalties, when they do exist, are not commensurate with the employment-related felonies committed by the majority of illegal aliens, nor are they commensurate with the benefits received by illegal aliens. Just as unfortunate is the fact that millions of victims of these crimes are ignored while the amnestied illegals are rewarded and even benefit from the so-called penalties, as the monies actually go into a fund that provides services to the very people who paid the "penalties".

"Illegal aliens will be rewarded for breaking laws for which American citizens are routinely punished," said Mark Krikorian, Executive Director of the Center for Immigration Studies. "For example, an American citizen would face a maximum penalty of ten years in prison and fines of up to $250,000 for using a fraudulent Social Security card, but under this bill the illegal alien would face a $1,000 penalty covering all his many offenses, a penalty which in many cases will be waived. Then, they would be issued a new Social Security number without any past bad credit or arrest records."

View the full report here

Dr. Mortensen discovered the following amnesties for illegal aliens and their employers:

Amnesties for Illegal Aliens:

Amnesty for the estimated 75 percent of illegal aliens committing Social Security fraud.

Amnesty from returning to home countries for 10 years before adjusting status.

Amnesty for illegal aliens committing Identity theft.

Amnesty for illegal aliens by officially authorizing them to continue committing identity theft by using fraudulently obtained Social Security numbers belonging to American citizens.

Amnesty for illegal aliens who have committed perjury on I-9 forms.

De-Facto amnesty from the token $1,000 penalty, since it effectively pre-pays services provided to illegal aliens.

Amnesty from existing exclusion, deportation, and removal orders.

While illegal aliens would be granted amnesty for crimes they have committed, government employees who discover Social Security fraud, identity theft, or perjury on I-9 forms while reviewing applications for provisional status would be prohibited from notifying victims, law enforcement, etc. with a threat of a $10,000 penalty. This is 10 times more than the $1,000 penalty paid by an illegal alien who has committed felony identity theft.

Amnesties for the Employers of Illegal Aliens

Amnesty for employers found to have employed illegal aliens or who are currently employing illegal aliens. Moreover, employers may continue to employ illegal aliens, accept fraudulent Social Security numbers, and renew falsified I-9 forms for those who apply for provisional status.

Amnesty for employers who did not withhold and/or submit payroll taxes for individuals illegally in the United States.

Amnesty for employers who violated labor laws by paying unfair wages, who failed to pay wages, etc.

Amnesty for employers who facilitated Social Security fraud and identity theft by providing or accepting false Social Security numbers.

While employers would be held harmless, government employees who find that employers violated the law while reviewing applications for temporary status would be prohibited from notifying the appropriate law enforcement authorities. If government employees do report tax or labor violations, they could face a fine of $10,000.

View the Senate bill, CIS Senate testimony, and commentary here.

The above is a press release from from Center for Immigration Studies. 1522 K St. NW, Suite 820,  Washington, DC 20005, (202) 466-8185 fax: (202) 466-8076.  Email: center@cis.org. Contact: Marguerite Telford, 202-466-8185, mrt@cis.org    .  The Center for Immigration Studies is an independent research institution which examines the impact of immigration on the United States.  The Center for Immigration Studies is not affiliated with any other organization





Immigration Bill Does Not Require Payment of Back Taxes

For months now, the "Gang of Eight" senators, President Obama, and the lobbyists who helped craft the Schumer-Rubio bill have been justifying amnesty by assuring skeptics that illegal immigrants applying for legal status would be required to pay back taxes on money earned during the years they lived illegally in the United States.

Except the actual bill does not require the payment of back taxes.

Instead, the bill provides that amnesty applicants must have satisfied any applicable federal tax that has previously been assessed  by the Internal Revenue Service (IRS).

A tax is assessed only when the IRS officially records that it is owed which occurs after a tax return has been submitted or after the IRS has conducted an audit.

Since illegal immigrants working off the books do not submit tax returns and are generally not the subjects of IRS audits, it is unlikely that this provision will have any impact on the majority of amnesty applicants.

The bill also does not address employers' federal payroll tax liability (e.g. Social Security and Medicare (FICA) taxes), nor does the bill address liability for state and local taxes.

The absence of a back taxes provision is yet another example of how this bill gives a pass to lawlessness on the part of both illegal immigrants and their employers. The Gang of Eight
should be embarrassed for attempting to mislead the American people, said Jon Feere, Legal Policy Analyst at the Center for Immigration Studies.

The lack of specific language on back taxes requirement should not come as a surprise. Sen. Charles Schumer (D-N.Y.) worked to prohibit the IRS from requiring illegal immigrants pay back taxes in the 1986 amnesty. Similarly, the amnesty bill of 2007 originally included a requirement that illegal immigrants pay back taxes until the Bush administration persuaded Congress to remove the provision.

The National Taxpayers Union estimated the change would mean a loss of tens of billions of dollars, and argued that most law-abiding Americans would find the change totally distasteful. 

If this bill becomes law, it will be clear that only citizens are responsible for paying taxes, and that illegalimmigrants are above the law, said Mr. Feere.

View the Senate bill, CIS Senate testimony and commentary  here


The above is a press release from from Center for Immigration Studies. 1522 K St. NW, Suite 820,  Washington, DC 20005, (202) 466-8185 fax: (202) 466-8076.  Email: center@cis.org. Contact: Marguerite Telford, 202-466-8185, mrt@cis.org    .  The Center for Immigration Studies is an independent research institution which examines the impact of immigration on the United States.  The Center for Immigration Studies is not affiliated with any other organization