NTF Issue Paper: illegal53.doc. 2-20.

. Liberal congressmen and their leftist allies are promoting a House bill that would disintegrate our immigration system entirely, stop enforcement at our borders and interior, and institute an open borders law that would allow a torrent of unvetted illegal aliens, including violent criminals, permanent residence in the U.S.

. Leftist Cong. Jesus Garcia (Ill.) has sponsored HR 5383, the New Way Forward Act, a bill now pending in the House Judiciary Subcommittee on Immigration. His bill would prevent the Dept. of Homeland Security (DHS) from making or extending a contract with a public or private company that owns or manages a detention facility contracted to detain illegal aliens in DHS custody. DHS must end such contracts within 3 years following law enactment. After this date, only a nonprofit entity or DHS could own and operate a facility accepting all illegals detained and in DHS custody. The HHS dept. would gain custody of all unaccompanied illegal alien children. Within 48 hours of an illegal alien taken into custody, DHS must make an initial custody determination and provide such in writing to each alien. Illegals challenging an initial custody determination must have a hearing before an immigration judge to determine if such alien should face detaining, not later than 72 hrs. after an initial custody determination. Arrested illegals would undergo the “least restrictive” conditions. Illegal aliens will win immediate release, unless ICE shows convincing evidence that use of alternatives to detention will not reasonably assure the appearance of an illegal at deportation proceedings or that the illegal poses a threat to someone in the community. However, if an illegal has a prior criminal conviction or criminal charge pending, he would not automatically face detaining. Immigration judges must order the least restrictive conditions, such as unsecured release on bond in an amount that will not pose financial hardship on such aliens, most of whom are destitute. ICE cannot detain specific, vulnerable illegals, unless the government can show that it is impractical to place such aliens in a community-based supervision program. Ones considered vulnerable include those under 21 or over 60, pregnant women, transgenders, homos, bisexuals, ones claiming to have survived gender-based violence, those who have filed a civil rights claim in federal or state court, have a mental or physical illness or disability, claim asylum, have limited English proficiency, or win a decision by an immigration judge or Secretary of Homeland Security that bestows a severe trauma declaration. An illegal alien for whom an immigration judge has ended deportation proceedings, whose appeal is pending, or gains an order granting asylum automatically wins release from custody immediately. DHS could contract with community organizers to provide counseling on welfare services and court appearances. The burden of proving probable cause that an illegal alien will not appear in court as promised lies with DHS. Illegals detained during deportation proceedings will win release from custody, pending removal. If the government continues detention, the detention cannot last longer than 60 days. Only illegals convicted of an aggravated felony for which a prison term of not less than 5 years was imposed now considered to have been convicted of a serious crime, up from the current 1 year. However, liberal judges would have the right to nullify deportation for illegals serving more than 5 yrs. in prison. No automatic deportation for committing robberies, car theft, gun crimes, drug offenses like selling drugs to kids, fraud, ID theft, child sexual assault, or falsifying passports. This New Way Forward Act eliminates “crimes of moral turpitude” as reason for deportation.  Illegal entry into the U.S. decriminalized. Illegal aliens deported since April, 1996, if otherwise considered non-deportable under the terms of this bill, allowed to return to the U.S. at taxpayer expense.

. State and local law officers could not act as immigration enforcers to investigate, arrest, transport, or detain illegal aliens. Immigration warrants no longer issued to state or local subdivisions through the National Crime Information Center database or its incorporated criminal history databases. Such law enforcement officials could not gain access to the Center database or its incorporated criminal history database information relating to illegal aliens, the existence of their prior deportation, voluntary departure order entered against them, or allegations of civil violations of our immigration laws. Such information on illegals already in this Center database removed within 90 days of law enactment. These clauses endanger both law officers and the public. We would suffer more of the following: the murder of a Texas policeman by an illegal alien previously deported numerous times, the deportation termed another ‘racist’ action by law enforcement. This bill makes certain that such murders will happen again. Prosecutors charged seven individuals, six of whom are illegal aliens, with first-degree murder after 21-year-old Daniel Alejandro Alvarado Cuellar was found stabbed to death. Democrats want to invite more into our country. DHS must provide transportation back to the U.S. for all illegals found eligible to reopen or have reconsidered their cases, at federal expense, for further immigration proceedings and must allow such aliens parole into the local community on their own recognizance after arrival. Such illegals released in any state after 48 hours without conditions, no means to force them to attend immigration hearings. The bill eventually would abolish ICE. The Border Patrol and ICE could barely function to arrest or detain criminal illegals. No longer any crimes that automatically require deportation. Crimes committed in their home countries not considered when determining their “right” to live in the United States and enter the path to becoming U.S. citizens.

. 30 liberal congressmen, Cong. Ilhan Omar, a Somali, and Alexandra Ocasio-Cortez among them, and 145 illegal immigration rights groups like the Immigrant Justice Network and community organizers, support this bill. Democratic presidential candidates Bernie Sanders and Elizabeth Warren both vigorously support this proposal in their presidential campaigns.

. HR 5383 drastically would alter U.S. demographics with incoming hordes of 3rd Worlders. Implementation would bury an already overwhelmed immigration court under an avalanche of new cases. Detained aliens entitled to a new bond hearing every 60 days. The bill would reward illegal alien criminals, brought back to the U.S. at taxpayer expense. The bill would create a statute of limitations to prohibit the initiation of removal proceedings more than 5 years after the date on which an alien became deportable or inadmissible, and this would apply retroactively to removal orders issued before the date on which the New Way Forward Act enacted. The bill also would authorize an immigration judge to grant relief to an ineligible alien if ineligibility caused by a disqualifying criminal conviction or if relief warranted for humanitarian purposes, to assure family unity, or is otherwise in the public interest. After deducting the $19 billion in taxes supposedly paid by illegal aliens here, 12.5 million illegals living in the U.S. results in a $116 billion burden on taxpayers, 2/3rds absorbed by local and state taxpayers. Rep. Liz Cheney, (WY.), leader of the House Republican caucus, blasted the bill and House Democrats. “The ideas included in this radical bill, on top of their plans to give free health care to illegal immigrants and abolish ICE, all would jeopardize the security of the nation and reward people who cross the border illegally.” The bill makes U.S. citizenship meaningless, transforming illegal immigrants into a protected victim class.

. This is a fight to save our nation as we know it. This New Way Forward Act is one of the most radical bills ever proposed in the history of our country. Criminal aliens will have the right to settle here permanently with absolute immunity, with no worry about deportation. The bill would erase our borders and national sovereignty, reducing us to a 3rd World country. HR 5383 poses a national security threat, as terrorists could roam freely. The liberal national media purposely has not publicized this legislation.   If the Socialist Democrats win in 2020, this bill will become law! Contact your representative today to vote NO on HR 5383, using the information above. Email netaxpayers@gmail.com for Capitol Hill contact information and to join our NTF Project Immigration.

Research, analysis, and documentation for this issue paper done by Nebraska Taxpayers for Freedom, with prior permission for its use by other groups in the NE Conservative Coalition Network. 2-20. C

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