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Jim Banks on Immigration |
ACLU-IN statement in opposition (3/2913): U.S. District Court struck down Indiana's immigration law SB590. The law permitted local law enforcement officers to make warrantless arrests of people in possession of certain immigration-related documents, even though the possession of those documents is not a crime. The law also made the use of identification cards issued by consulates of foreign countries illegal. The decision, Buquer v. City of Indianapolis et al, "runs afoul of the Fourth Amendment [because it authorizes state and local law enforcement officers to] effect warrantless arrests for matters that are not crimes."
Legislative Outcome: Passed House 68-31-1 on Apr/29/11; passed Senate 35-15-0 on Apr/29/11; State Sen. Jim Banks voted YES; Signed by Governor Mitch Daniels on May/10/11.
The Project Vote Smart Voter Guide inferred how candidates would respond to the question, 'Immigration: Do you support requiring immigrants who are unlawfully present to return to their country of origin before they are eligible for citizenship?' Project Vote Smart notes, `in response to the increasing unwillingness of candidates to answer issue questions, Project Vote Smart has researched Congressional candidates` public records to determine candidates` likely responses on certain key issues. These issue positions, from the year 2016, are provided [for candidates who] refused to provide voters with positions on key issues covered by the 2016 Political Courage Test, despite repeated requests. Historically, candidates have failed to complete our test due to the advice they receive from their parties and advisors and out of fear of negative attack ads.`
Legislative Summary:This bill increases the per-country cap on family-based immigrant visas from 7% of the total number of such visas available that year to 15%, and eliminates the 7% cap for employment-based immigrant visas. It also removes an offset that reduced the number of visas for individuals from China. The bill also establishes transition rules for employment-based visas from FY2020-FY2022, by reserving a percentage of EB-2 (workers with advanced degrees or exceptional ability), EB-3 (skilled and other workers), and EB-5 (investors) visas for individuals not from the two countries with the largest number of recipients of such visas. Of the unreserved visas, not more than 85% shall be allotted to immigrants from any single country.
Explanation from the Countable.US: Under the current immigration system, immigrants from any one country can claim no more than 7% of the 140,000 employment-based green cards issued annually to foreign nationals working in the U.S. This significantly disadvantages immigrants from larger countries that more immigrants come from.
For example, China (population 1.3 billion) and India have large backlogs of workers wishing to immigrate to and work in the U.S., but they have the name visa caps as countries such as Iceland or Estonia (population 1.3 million), which have both much smaller populations and far fewer citizens seeking to immigrate to the U.S.
The net effect of this is that immigrants from India and China can face decades-long waits, averaging 2-3 times the wait times for immigrants from other countries, for green cards, and many have to return home because they can`t get permanent residency; meanwhile, countries such as Iceland and Estonia never come close to reaching their visa limit caps.
Legislative outcome Roll call 437 in House on 7/10/2019 passed 365-65-2; referred to Committee in Senate 7/9/2019; no action as of 1/1/2020.
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.