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Border & Immigration Issues

Providing the resources to protect America's borders from terrorists, while keeping them open for important cross-border visitation and commerce, is one of my highest priorities. As a member, since 1994, of the Judiciary Subcommittee on Immigration, and as chairman of the Judiciary Subcommittee on Terrorism and Homeland Security, I have sponsored many of the amendments and bills that have significantly enhanced security at the border, such as the Kyl amendment to increase the Border Patrol from 4,000 agents to 10,000 agents. Another of my amendments has resulted in over $200 million in funding for the Customs Service for more inspectors and high-technology equipment to detect terrorists and weapons of mass destruction along the southwestern border of the United States.

Before the September 11 attacks, some Americans wanted little control of our borders, nor did they want important information provided about the foreign visitors and immigrants we welcome to the United States. The terrible events of that day brought back into clear focus the need to protect our great nation from terrorists and the evil they perpetrate. Most now see the need for reform. I also believe that foreign nationals who want to visit or immigrate to America will be supportive of policies that strengthen our borders, to keep terrorists from entering or staying in the United States.

Senator Kyl with Border Patrol agentsRecently, Senator John McCain and I brought the new Undersecretary for Border and Transportation Security, Asa Hutchinson, to the Arizona border. The purpose of the trip was to impress upon him the effects of illegal immigration on our border communities and our state, and to share with him the overwhelming need for more equipment and personnel at the border to prevent terrorists from entering the country. After Undersecretary Hutchinson appeared before the Judiciary Subcommittee on Terrorism in Washington, D.C. about the need for infrastructure and technology improvements at the border, we left the next day for Arizona.

There, we showed him most of the Arizona border. We toured the overcrowded, difficult to navigate San Luis port-of-entry; the vast Tohono O'odham Nation lands, heavily traversed by illegal immigrants and smugglers; Park Service land also heavily traversed by illegal immigrants and drug smugglers; the always-busy Nogales Border Patrol station; and, the expansive property of a local Arizona cattle rancher whose land has been overrun by illegal immigrants. At the end of the trip, Secretary Hutchinson said he understood, more than ever before, the overwhelming need for better control of our borders. He has promised to help in finding the necessary facilities, policies, and activities in Arizona.

Recent classified briefings I've received, and public information presented quite capably by Arizona constituents on my recent border trip, continue to underscore the importance of finding ways to keep terrorists from entering the country. Why? Terrorists are looking for ways to come into the United States from Mexico. More than one local and federal border law-enforcement jurisdiction in Arizona has reported to me retrieval of information or writings from apprehensions or arrests in Arizona indicating that terrorists are looking for ways to use Mexico as an entry route.

After September 11, I worked with a bipartisan group of Senators to pass the Border Security and Enhanced Visa Entry Reform Act (P.L. 107-173), landmark legislation aimed at overhauling our nation's visa-processing and border policies in order to prevent the entry of terrorists into the United States. The act, a product of my work with Senators Feinstein, Kennedy, and Brownback, is now law. It is helping to make our borders more secure and to give federal law-enforcement and intelligence officials better access to information about those who would harm our nation and its people.

The Border Security Act authorizes an increase of 1,000 new Immigration and Naturalization Service inspections personnel, and a $150 million increase in INS computer equipment and other supplies and infrastructure to better target illegal traffic, while facilitating legitimate cross-border commerce. The law also accelerates implementation of a system to better track visa applicants who should not be allowed to come here, and to find such individuals who are already here. Under this law, all foreign travel documents, including passports, must include a biometric feature that can be read by officials at all of our nation's ports-of-entry by 2004. The law requires a federal integrated computer system to allow the sharing of information about potential terrorists by the FBI and other U.S. intelligence sources. The system will be readily available to the State Department and the INS as they step up their efforts to identify individuals who plot against the United States. Finally, P.L. 107-173 requires new, strict oversight of our nation's foreign student visa system, which until now has been an easy system for terrorists to exploit in order to gain entry into the U.S.

Appropriating the funding to implement this important border-security and visa-reform law is key to defending our homeland effectively. Congress, at the request of the President, has also created the new cabinet-level Department of Homeland Security, where all appropriate agencies have been consolidated. Such efforts, I hope, will protect our homeland by creating a seamless communication among the agencies responsible for fighting terrorism. I look forward to working with other Senators and Representative to ensure a bill passes the Congress that will make the new department achieve a consolidation that serves our nation well. In fact, the border-security and visa-reform law facilitates a smoother transition to the new homeland department.

When we think of our U.S. border priorities, we appropriately emphasize terrorism and the safety of the United States and its residents. We also concentrate, appropriately, on how both legal and illegal immigration affect our communities, and even how immigration policies affect the immigrant himself. Clearly, there can be great economic benefits for the United States when we allow foreign visitors to the United States. Policies that allow immigrants to work here and earn a decent wage, while filling a labor need here, benefit both the immigrant and the American economy. We also benefit from immigration policies that allow immediate families to be reunited and that allow individuals with special talents or skills to live here and contribute to our society.

Illegal immigration, however, does not benefit the United States. Besides the detrimental effect it has on the safety of our communities, its negative fiscal effects also warrant the U.S. government's attention and action. Federal mandates imposed on states, local governments, and hospitals to provide emergency care to an undocumented alien or process a criminal illegal immigrant through a local criminal justice system are exacting tremendous cumulative costs on taxpayers in such jurisdictions. Every tax dollar spent on emergency care or criminal processing for an illegal immigrant has to be paid for by the affected hospital itself or by the taxpayers in that jurisdiction.

The situation confronts Arizonans every day. An Arizona mother about to deliver may encounter clogged emergency rooms and longer wait times than she otherwise would because of the tremendous burdens imposed by illegal aliens receiving federally-mandated emergency care. According to a recently released study that I sought funding for in Congress, and that was completed in concert with the U.S.-Mexico Border Counties Coalition, the uncompensated cost to Arizona hospitals and the state for providing federally mandated health care to illegal immigrants is well over $100 million per year, and could be as much as $200 million a year.

The citizens of four southwestern border states pay a disproportionate share of these expenses, which should be borne in total by the federal government. It is the responsibility of the federal government to control illegal immigration. When it does not, states that happen to be in the path of most illegal immigration should not be left picking up the tab. The federal government is now helping to pay part of the cost, but it isn't helping enough. In 1996, for example, I successfully attached amendments to the 1996 Immigration Reform Act that required that states, localities, and hospitals be reimbursed by the federal government for the cost of providing provide emergency medical treatment to illegal immigrants and the costs associated with providing emergency medical transport to illegal aliens injured while attempting to cross the U.S.-Mexico border.

For five years, Congress reimbursed the highest illegal immigration states $25 million a year, but funding for this program ended in 2001. Joined by a bipartisan group of border-state Senators, I have introduced legislation to provide an estimated $1.4 billion per year reimbursement to the affected hospitals and other providers in these states. I continue to educate Members of Congress about the overwhelming costs associated with providing this federally-mandated emergency treatment to illegal immigrants; I am hopeful that my bill will be funded and states like Arizona will gain some needed relief.

In addition to addressing health-care costs, I asked Congress to authorize a study to ascertain the criminal justice costs to localities of illegal aliens. This 2001 study found that, in 28 southwestern border counties of Texas, New Mexico, Arizona, and California, the cost of processing through local court systems illegal immigrants who commit crimes is $125 million annually. In this year's appropriations bill, we were able to secure $50 million for the "Southwestern Border Initiative," to reimburse localities for the costs of processing drug and other cases that have been referred, or could have been referred, to local U.S. Attorneys offices. Additionally, I was able to secure $7 million in FY 2001 for southern Arizona counties for processing criminal illegal immigrants, but it made only a small dent in reimbursing the border counties for the substantial expenses they incurred.

We need a more commonsense approach to dealing with costs and problems of illegal immigration. While we must act to help those in need, the needs of American citizens and taxpayers must also be considered.

As chairman of the Senate Subcommittee on Terrorism, Technology, and Homeland Security, and a member of the Subcommittee on Immigration, I welcome your thoughts and suggestions about ways to better control our nation's borders and to improve our immigration policies.

 

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Related Press Material:

09/09/03 Arizona Fails Test on Document Security; Officials Note Ease of Obtaining Fraudulent Drivers’ Licenses

09/04/03 Senate Committee Approves $3.5 Million in Kyl-Requested Border Port Improvements

07/28/03 Kyl-Requested Funds Released for Alien and Drug Prosecutions in Arizona

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