Senator Sessions' ten questions for the "Gang of Eight" aka "The Eight Gangsters"

Hi Gang:
As I have noted in previous commentaries, on March 20, 2013 I was called to testify before the Senate Judiciary Committee at a hearing on the topic:
“Building an Immigration System Worthy of American Values.”
The starting point for a hearing with that topic should be to make certain that several issues be given the priority they deserve.  
From the outset, the focus needs to be on how the immigration system be fortified to fulfill its obligation to, first and foremost, protect innocent lives and the jobs of American workers.  It is unfathomable that for most of the members of Congress as well as the administration that the concern has been on meeting the needs of illegal aliens and on those around the world who aspire to become illegal aliens in the United States!
The President, the members of his administration, advocates for Comprehensive Immigration Reform including the Gang of Eight appear utterly oblivious to the fact that they should, be most concerned with the impact that the legalization of unknown millions of illegal aliens- likely tens of millions of illegal aliens would have on each and every challenge and threat that is being hammered by the long standing failures at border security and the enforcement and administration of the immigration laws would have on the United States.
We are currently being told that about twelve million illegal aliens would participate in Comprehensive Immigration Reform.  Prior to the Amnesty of 1986 we were told that between 1 million and 1.5 million aliens would be involved- in reality, we wound up with over 3.5 million.  Should history repeat itself, and there is no reason to think it won’t, we could be looking at 30 or 40 million illegal aliens participating in the most massive legalization program in the history of the United States and probably the world!
How would this impact national security, criminal justice and public safety, the economy, unemployment, education, healthcare, public health, and elements of the infrastructure of towns and cities across the United States?
How will this affect the town or city where you live?
Last month, March 2013, just 88,000 jobs were created.
Each month the United States provides green cards to nearly 100,000 aliens signifying that they are lawful immigrants on the pathway to United States citizenship.  This is a greater number than all of the other countries of the world combined!  We also admit tens of thousands of foreign workers who are legally entitled to work in the United States- often competing with American workers because of massive levels of fraud in the immigration system that is supposed to make certain that no American worker loses his (her) job to a foreign worker.
America is already admitting more foreign workers each month than are being created.
Additionally, there are unknown tens of thousands of illegal aliens entering the United States by running the borders or violating the terms of their admission by taking jobs they are not legally entitled to taking.
I am compelled to remind you that the terrorist attacks of September 11, 2001 as well as the terrorist attacks of 1993 were made possible by failures of the immigration system- failures that are not being addressed to this very day!
On April 8, Senator Sessions of Alabama issued a press release that contained a list of ten questions for the “Gang of eight” that makes it clear that his goal is to enable the immigration system to succeed in those primary goals I noted previously- protect the lives and jobs of American workers.
Here is a link to his questions as they were posted on the website “Limits to Growth:
I have attached a copy of Senator Sessions press release containing his ten questions for the “Gang of Eight” at the bottom of this commentary.
Although he was unable to be present at the hearing, he and other members of the committee had to vote, members of Senator Sessions’ staff were, however, present and clearly paying attention.  Not just paying attention to the proceedings but paying attention to the well-being of American workers and their families.
I was disappointed that Senator Sessions could nto be there, because I am a huge fan of his, but I understand how he needed to tend to other matters. 
When you review Senator Session’s questions to the “Gang of Eight” who I have come to refer to as the “Eight Gangsters” you will see how focused he is on the true issues and the underlying purposes to America’s immigration laws- to protect America and the jobs of American workers.
Sadly, it has become note-worthy when politicians are truly concerned about their fellow Americans.  Clearly anyone who thinks that providing unknown millions of illegal aliens with equal standing in the labor pool makes sense needs a reality check!
Senator Sessions has long been one of those rare members of Congress who has the integrity and commonsense to be the “Voice of reason” a true advocate for the best interests of America and Americans!  
I would be remiss if I also did not take this opportunity to also laud Senator Chuck Grassley, the Ranking Member of the Senate Judiciary Committee, for his similar concerns and commitment- just check out the questions he sent me, the document containing his written questions and my responses are attached below.   Senator Grassley’s diligence in addressing the immigration crisis as well as his unwavering investigation into the outrageous ATF investigation known as “Fast & Furious” also makes his leadership and integrity clear. 
Before we get to his press release and Senator Sessions’ questions I will provide a bit of background information so that if you see fit to forward this e-mail to other folks, that they will have background information that will help them to better understand the immigration crisis that has had such profound impact on nearly every challenge and threat that the United States faced today.
A point that you should consider where the immigration system is concerned is that there is virtually no integrity to the process by which applications for various immigration benefits are concerned.
I hope you will, in fact, decide to forward this e-mail to as many folks as you can and urge them to do the same so that we can create a “Bucket Brigade of Truth!”
Here is the link that provides a video of the hearing as well as the prepared testimony of the witnesses: 
Here is my closing statement I prepared after the hearing:
Here is my closing statement in two formats to hopefully enable you to open them:


Here are Senator Grassley’s written questions he provided me after the hearing and my responses:
Here are my responses:


On November 15, 2012 I posted a commentary on the CAPS (Californians for Population Stabilization) website in response to New York’s Senior Senator, Chuck Schumer having cobbled together his “Platform on Immigration Reform” that had four primary planks and proclaimed that he had the solution to the immigration crisis that confronts America and Americans today.
My commentary was entitled:
In my commentary I critiqued each of his “solutions and explained why they were false and meaningless, other than to provide the smokescreen the open borders / immigration anarchists have taken to hiding behind.
Here are those four planks with my rebuttals:

1 – “Closing the border”

Although it is often claimed that there are four Border States, in point of fact, America has 50 Border States.  Any state that has a seaport or international airport must be considered “border states” just as are states that lie along America’s northern and southern borders.  It is believed that there are at least 5 million illegal aliens in the United States that did not run our borders but entered the United States through ports of entry and then violated the terms of their admission.  This is how many terrorists including the 19 that attacked the United States on 9/11 entered the United States.

2 – “Creating a non-forgeable document”

Certainly any identity document should be tamper and forgery resistant.  However, what name do you put on a document that is supposed to identify an alien who is “undocumented” meaning that he (she) has no authentic documentation to attest to his true identity?  When dealing with millions of such aliens there would be absolutely no way to conduct field investigations or even face to face interviews!  (In fact, this is how the Obama administration is dealing with the thousands of applications for its current “DREAMER” program is being done- thereby creating a national security nightmare!)

3 – “Letting in immigrants that we need”

On April 30, 2009 the U.S. Senate’s Subcommittee on Immigration, conducted a hearing on the topic: “Comprehensive Immigration Reform in 2009, Can We Do It and How?”  Alan Greenspan stated:

“…The second bonus (in accelerating the influx of skilled immigrant workers) would address the increasing concentration of income in this country. Greatly expanding our quotas for the highly skilled would lower wage premiums of skilled over lesser skilled. Skill shortages in America exist because we are shielding our skilled labor force from world competition. Quotas have been substituted for the wage pricing mechanism. In the process, we have created privileged elite whose incomes are being supported at non-competitively high levels by  immigration quotas on skilled professionals. Eliminating such restrictions would reduce at least some of our income inequality.”

The apparent goal is to create unfair competition for American workers, both at the bottom rung of the economic ladder as well as the middle class. Greenspan made it clear- importing more workers could eliminate income inequality based on skills!

4 – “A path to citizenship that is fair”

The United States already admits more than 1.1 million lawful immigrants each and every year.  These immigrants are immediately placed on the pathway to United States citizenship on the day they acquire lawful immigrant status.  The law currently addresses the English language requirement and the issue of not having a record of criminal  convictions.  For whom would a massive legalization program be fair.

Immigration is not a single issue but a singular issue that impacts nearly every challenge and threat confronting the United States today!  

Our armed forces are charged with securing America’s borders externally while the DHS is supposed to secure those same borders from within.  The failures of the DHS to live up to its half of the equation are undermining the efforts, valor and incredible sacrifices of Americas men and women who serve in our military!The immigration laws are supposed to achieve two primary goals- to protect American lives and protect Americans’ jobs.  

Our nation is greatly benefited by the rich diversity of our people which is why I could never imagine living anywhere except New York City, arguably the most diverse city in our nation if not, in fact, the world.  However, my idea of diversity most certainly does not include members of MS-13, the Mexican drug cartels or members of other transnational gangs or members of al-Qaeda or other terrorist organizations!

It is also vital that American workers never be made to compete with foreign workers for their jobs!  (This requirement is a component of the Immigration Laws that are not being enforced today!)

If our government’s failures to secure our nation’s borders and effectively enforce our immigration laws that are intended to protect our nation and our citizens concerns you or especially if it angers you, I ask you to call your Senators and Congressional “Representative. This is not only your right- it is your obligation! 

I also ask that you pass this e-mail along to your friends and neighbors- I am attempting to create a “Bucket Brigade of Truth!”

We the People must make it clear to our politicians that we are not as dumb as they hope we are!

We live in a perilous world and in a perilous era. The survival of our nation and the lives of our citizens hang in the balance.

This is neither a Conservative issue, nor is it a Liberal issue- simply stated, this is most certainly an AMERICAN issue!

You are either part of the solution or you are a part of the problem!

Democracy is not a spectator sport!

Lead, follow or get out of the way!

-michael cutler- 

Please check out my website:


Also please check out my website at AND Magazine:

On Friday evenings from 7:00 PM until 8:00 PM Eastern Time, I host my show, “The Michael Cutler Hour” on the USA Talk Radio Network on Blog Talk Radio.

Call in and join the conversation!  The phone number is 310-982-4145

I hope you will be listening!  (Please tell your friends and neighbors!)

Here is a link to the program:

April 8, 2013 
For Immediate Release 
Contact: Stephen Miller, 202.224.4124

10 Questions For The Gang Of Eight

Due to the enormous complexity of immigration reform and the profound consequences for American workers, taxpayers, and society at large, many have advocated for a step-by-step approach rather than a comprehensive one. The last attempt at comprehensive legislation was riddled with flaws and loopholes that made it unworkable—serving the special interests but not the national interest. Dozens of crucial questions remain for the Gang of Eight that must be resolved before any proposal can properly be called comprehensive. The American people have a right to know the answer to each of them—and to express their views during a thorough period of public hearing and review. The public must know exactly what’s in any far-reaching proposal before anyone votes on it. With that in mind, here are 10 questions for the Gang of Eight:

1. Is this bill enforcement first or legalization first?

After the last attempt at comprehensive legislation was rejected by the public in 2007, a national consensus emerged that any successful reform of our immigration system begins with securing the border and achieving enforcement of current federal law first—before creating any new legal status or amnesty. When the Gang of Eight first emerged, “enforcement first” was a publicly stated principle. Yet, on the March 31st edition of Meet the Press, Gang of Eight member Senator Chuck Schumer said: “We’ve come to a basic agreement, which is that first, people will be legalized. In other words, not citizens, but they’ll be allowed to work, come out of the shadows, travel. Then, we will make sure the border is secure. And we have specific metrics that are in the bill. I’m not going to get into what they are…” Following that statement, ICE officer and National ICE Council president Chris Crane explained that “the plan of the Gang of 8 appears to be legalization or amnesty first and then enforcement. That’s the big problem for us… Here’s my promise to America, if we don’t take care of the enforcement part of this first it will never happen. The only thing that will happen is that 11 million illegal aliens will be legalized.”

2. What are the concrete metrics used to measure border security?

Since 2004, the Department of Homeland Security (DHS) has been required to maintain “operational control” the border, i.e., the Department must be able to detect, identify, classify, and then respond to and resolve illegal entries along our U.S. borders. According to a 2011 GAO report, the federal government has only 6.5 percent operational control of the southwest border. The stunning revelation that this administration had left the border highly vulnerable caused DHS to abandon that metric. Recently, Administration officials admitted that they have no standard by which to measure border security and have no plan to establish one, apparently because the Administration is concerned that it will discourage Congress from passing a large-scale amnesty. Meanwhile, Secretary Napolitano publicly dismissed the Gang of Eight’s idea of a border security “trigger” as “not the way to go.” According to recent news reports, the Gang of Eight is contemplating a trigger that simply asks DHS to submit a plan “to achieve within a decade 90 percent apprehension and 100 percent real-time surveillance.” Once that plan is simply submitted, illegal immigrants would be offered amnesty and, like 1986, there will be no way to guarantee that the enforcement will ever take place. Even the rejected 2007 legislation included a stricter trigger, requiring DHS to certify 100 percent operational control of the border.

3. Does the bill complete the border fence and secure all ports of entry?

In 2006, Congress mandated 700 miles of physical double-layer border fencing. To date, only 36.3 miles of that fencing have been completed. Additionally, DHS has failed to comply with Congress’ nearly 20-year-old mandate that the government implement a biometric exit system to track visa overstays, which account for an estimated 40 percent of the illegal population in the country today. After the attacks of September 11th, the 9/11 Commission identified the absence of such a system as a national security threat. Importantly, GAO has specifically stated that without a biometric exit system, “DHS cannot ensure the integrity of the immigration system by identifying and removing those people who have overstayed their original period of admission.” Any comprehensive immigration reform must adhere to Congress’ mandate that a biometric exit system be implemented at all ports of entry—air, land, and sea.

4. Who gets amnesty and how many?

The rhetoric of comprehensive reform often emphasizes that those illegal immigrants who have made lives for themselves in this country should be given amnesty. But no one knows who is actually eligible for amnesty under this bill and how many will be legalized. Questions include: the age of those eligible for amnesty; how long they have been in the country and how recently they illegally entered; whether they can petition to bring their family members from abroad; how many people will be legalized in total once all future family migration is taken into account; and how verification of identities, date of arrival, employment, and other information will
occur. News reports have indicated that some people will have an accelerated path to citizenship, but precisely who and how many is unknown. Reports further indicate that the plan will grant citizenship to 300,000 people in the country with temporary protected status. Also at issue is what happens to those who do not apply for the so- called probationary legal status (or those who apply and fail to meet the criteria) and whether they will be identified and deported (and within a time certain) or will not be deemed an administrative “priority.”

5. How will the bill impact American workers and wages?

In 2007, the last time a comprehensive bill was considered and rejected, the unemployment rate was 4.5 percent. Today it is nearly 8 percent, and the labor force participation is at a 30-year low. Economic growth remains tepid. Youth unemployment is 25 percent. A record number of Americans are on welfare. A large- scale amnesty combined with a dramatic increase in the future flow of immigration— including chain migration—will certainly have a negative impact on the wages and employment of American citizens. Already, the U.S. allows approximately 700,000 guest workers to enter the country each year. It has been roughly estimated that this bill will increase that number to over a million per year—and that increase in guest workers would be in addition to the increase in the future flow of immigration generally and the legalization of those now unlawfully present. As The Weekly Standard editor Bill Kristol recently pointed out, “at the end of the day simple economics say: if there is an extra supply of a couple hundred thousand low-income workers, that probably doesn’t help the job prospects. Especially for those Americans who have been hurt the most over the past 20-30 years: which is lower-middle working class, not college educated workers.” Imagine the real-world consequences of immediately introducing into the workforce millions of

newly legalized workers— both to compete with out-of-work Americans and to continue holding jobs that would otherwise be available to citizens and to legal immigrants who waited years for the opportunity to seek work in the United States. Another area of concern for American workers is whether the bill will require that all employers use E-Verify within one year and re-verify current employees within three years, resume worksite inspections, and create and enforce sufficient penalties for the continued hiring of illegal labor.

6. Is the guest worker program truly temporary?

According to the AFL-CIO (one of the primary parties to the Gang of Eight negotiations), guest workers can petition for green cards within one year, which means the program is yet another pathway to citizenship for illegal immigrants and accompanying chain migration. A true guest worker program is just that: it requires that a participant’s stay in the country is limited, precludes them from bringing family, and requires that they return to their home countries each year for a defined period of time.

7. Does the bill put a stop to sanctuary cities and resume cooperation with local law enforcement?

Dangerous sanctuary city policies—which this administration has ignored while suing states that are trying to support federal law enforcement—require local law enforcement to disregard requests by federal authorities to detain criminal aliens for a short time until they arrive and release them back into the community where they commit more crimes against citizens and immigrants alike. In addition, despite initially touting its effectiveness and success, the Obama Administration has dismantled the 287(g) program, a force multiplier through which federal law enforcement train state and local law enforcement in federal immigration law. To be effective, any comprehensive reform must specifically prohibit sanctuary city policies and reinstate and enhance programs like 287(g).

8. How does the bill guarantee that the Administration will not ignore future laws as it has with the laws already on the books?

With the stroke of a pen, the Obama Administration has unilaterally waived entire portions of federal immigration law through a so-called deferred action policy and the unprecedented abuse of prosecutorial discretion. ICE officers—the ones responsible for enforcement of federal immigration law in the interior of the country—have been left with no choice but to sue the Administration to protest these actions as unlawful and unconstitutional. Any attempt at comprehensive reform must end this abuse of executive power, address these constitutional concerns, and explain how promises of future enforcement will be met when the Administration refuses to enforce current law.

9. How does the bill ensure that federal public charge law is enforced and that illegal immigrants do not access the welfare state through the granting of green cards and citizenship?

Federal law explicitly bars entry to those likely to rely on federal assistance. Yet an estimated one in three immigrants currently receive some form of federal welfare. An inquiry from the Ranking Members of Senate Budget, Finance, Judiciary, and Agriculture Committees revealed that federal public charge law is currently unenforced and is, in fact, actively undermined by the federal government. The president of the ICE Council said of this statutory protection for taxpayers: “We are not permitted to enforce that statute. Period.” DHS confirmed it was unable to identify a single public charge within the United States in 2012 (having checked records through August). With respect to those illegal immigrants who would receive amnesty under the bill, sponsors have likened their initial probationary legal status to non-immigrant visas. Under a faithful reading of current law, no legal applicant would be eligible for a non-immigrant visa if they are likely to live off public assistance at any future point. Yet the Gang of Eight’s framework does not mention a public charge screening process (which is different from a work requirement) for illegal aliens seeking legal status—effectively establishing a lower threshold for illegal immigrants than for legal immigrants. Additionally, current green card holders are eligible for a vast array of federal benefits, including Medicaid, food stamps, and cash welfare, indicating that today’s low-income illegal population will become eligible for these benefits once they attain green cards as the proposal outlines.

10. What is the long-term cost of the bill?

The true cost of the bill will occur outside the 10-year budgetary window, as illegal immigrants become eligible for green cards and ultimately citizenship. Once they become eligible for green cards, they will also be eligible for myriad public assistance, welfare, and entitlement programs. Tellingly, the four Democrat members of the Gang of Eight voted against restrictions on illegal immigrants’ access to Medicaid and Obamacare. The long-term cost, on net, for Obamacare alone is likely to be around $2 trillion, with Medicare and Social Security expected to account for another $2.5 trillion. These are net costs—in other words, the amount paid in to the U.S. Treasury by the newly amnestied population is expected to be dramatically less than the amount paid out.

U.S. Senator Jeff Sessions (R-AL) serves on four Senate committees: Armed Services, Judiciary, Environment and Public Works, and as Ranking Member of the Budget Committee. Visit Sessions online at his website or via YouTubeFacebook, and Twitter. Note: Please do not reply to this email. For further information, contact Sen. Sessions’ Press Office at (202) 224-4124.

doc iconBuilding an Immigration System Worthy of American Values Senator Grassleys Questions for M ichael W. Cutler, INS Senior Special Agent (Ret.) – March 31, 2013.doc
default iconBuilding an Immigration System Worthy of American Values Senator Grassleys Questions for M ichael W. Cutler, INS Senior Special Agent (Ret.) – March 31, 2013.odt
doc iconClosing Statement of Michael W. Cutler, Senior Special Agent, INS (Ret.) for Senat e Judiciary Committee Hearing on March 20, 2013 on the topic- Building an Immigration Sys tem Worthy of American Values- March 27, 2013.doc
default iconClosing Statement of Michael W. Cutler, Senior Special Agent, INS (Ret.) for Senat e Judiciary Committee Hearing on March 20, 2013 on the topic- Building an Immigration Sys tem Worthy of American Values- March 27, 2013.odt

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