Paul Gosar on Immigration

Don't let illegals launder amnesty via military service

I am supported in this effort by NumbersUSA, the premier immigration enforcement advocacy group in the country. They write [that under the current bill lets] "illegal aliens launder their immigration status, first through the President's unconstitutional DACA program, and then by joining the Armed Services. It is offensive to the American people and, most of all, to our men and women in uniform."

Secure our border and oppose amnesty

The Federal Government has completely failed its constitutional, legal and moral duty to secure our borders. The people of Arizona have paid the price for Washington's callous disregard for our laws. The Obama Administration, assisted by the far left, believe that "open borders" should apply to the US, even though no other country in the world has an open border.

Redefine "birthright citizenship" to exclude illegal aliens.

Congressional Summary: Acknowledging the right of birthright citizenship established by section 1 of the 14th amendment to the Constitution, 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.

Constitutional Authority Statement: Congress has the power to enact this legislation pursuant to the following: Section 5 of the Amendment XIV to the Constitution and Section 8 of Article I of the Constitution.

OnTheIssues Explanation:The relevant part of this law is what is NOT in the list above: illegal aliens or undocumented workers. Those groups are this bill's target: it addresses the issue of "anchor babies," wherein non-citizen mothers cross the US border and give birth in the US and thereby establish citizenship for their newborn. If passed, this bill will likely face a Supreme Court challenge on its constitutionality, since the 14th Amendment defines citizens as "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States." That clause was written after the Civil War to establish citizenship for former slaves; this bill reinterprets that clause to mean that not everyone born in the US automatically becomes a citizen. The cited authorization of the 14th Amendment is "Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article."

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.

Allow immigration bans from non-cooperating countries.

The National Origin-Based Antidiscrimination for Nonimmigrants Act (NO BAN Act) imposes limitations on the President's authority to suspend or restrict aliens from entering the US. It also prohibits religious discrimination in various immigration-related decisions, such as issuing a visa. The President may temporarily restrict the entry of any class of aliens after determining that the restriction would address specific and credible facts that threaten U.S. interests such as security or public safety.

GovTrack.us analysis (4/21/21): President Donald Trump instituted a travel ban on eight countries: Chad, Iran, Iraq, Libya, North Korea, Syria, Venezuela, and Yemen. The Supreme Court upheld the travel ban 5-4 in the 2018 decision Trump v. Hawaii. Trump's travel ban was popularly nicknamed "the Muslim ban" by its Democratic critics since most of the countries it applied to were majority Muslim, and because Trump as a 2016 candidate had indeed proposed a Muslim ban. Regardless, President Joe Biden rescinded the policy on his first day in office. Currently, federal law bans any person from being discriminated against when entering the U.S. on the basis of five characteristics: race, sex, nationality, place of birth, or place of residence. The NO BAN Act would add another category: religion.

Rep. Tom McClintock in OPPOSITION: President Trump invoked this authority against countries that were hotbeds of international terrorism and that were not cooperating with the US in providing basic information about travelers coming from these countries. The left called it a 'Muslim ban.' What nonsense. Without this authority, the president would have been powerless to take simple, prudent precautions against terrorists and criminals from entering the US.

Legislative Outcome: Passed House 218-208-3 on April 21, 2021, rollcall #127; introduced in Senate with 42 co-sponsors but no further Senate action during 2021.