CP-USA Immigration Sense of the Party (SOP)

The Conservative Party supports comprehensive immigration policies that are enforceable, pass Constitutional muster and do not reward or encourage lawlessness.

CP-USA recognizes that America’s current illegal immigration problems stem from years of inconsistent enforcement by the Federal government.  The Immigration & Reform Act of 1986 (Simpson-Mazzoli) was also neglected by both major parties in Congress and met open hostility from the media due to political correctness and by sanctuary states/cities that actively undermined it.

CP-USA’s Immigration Policy makes a clear distinction between people who legally immigrate to the United States by following all State and Federal immigration laws and regulations (Immigrants) and those who cross our borders without regard for those requirements (Illegal Immigrants).

No moral or ethical immigration policy or law panders to any specific race, religion or ethnic group to gain political advantage. The United States is a nation of laws and must remain so. It would be an epic mistake for any political party to abandon those long-held principles for the sake of short-term political gain (votes).

A viable immigration policy must also encourage all immigrants to assimilate into the traditional American culture, understand our history and learn English, especially at the K-12 school levels. Legal immigration without proper assimilation fosters Balkanization which, if not checked, poses a far greater threat to American Exceptionalism than illegal immigration.  The Judeo-Christian values of the American Culture must be preserved.

CP-USA’s Immigration Policy consists of two elements: Enforcement and Adjudication.

I    ENFORCEMENT

Enforcement is required to ensure all laws and regulations duly enacted by Congress are followed.

A. Enforce All Immigration Laws: There is no value in enacting new laws if Congress and the President do not properly enforce existing laws. There can be little trust and confidence in government when the politicians who demand immigration reform today have themselves constantly failed to enforce or actively undermined laws that were duly enacted 27 years ago.

Exception: Repeal the “Cuban Refugee Adjustment Act”. This “Cold War” era Law was enacted in 1966 and specifically targets Cubans who wanted to escape the Communist dictatorship of Cuba. Also known as the “Cuban Lottery”, this outdated law gives special rights to Cubans and allows them to circumvent standard immigration rules which other ethnic groups must follow.

B. Border Certification Board (BCB): Since laws are only viable if actually enforced, Congress should empanel a Board that monitors enforcement of all immigration laws and certifies when the border is secure. The majority of BCB members will be from representatives of border states. BCB will issue quarterly reports on nationwide enforcement activities and will conduct all its business and hearings in public. The Board only reports; actual enforcement falls to local, state and federal agencies.

Allowing people to stay in the US has immediate consequences and is permanent while enforcement is long-term and variable. BCB will transcend turnover in the Executive and Legislative branches.

C. Secure Territorial Borders: Build secure fences, walls or revetments depending on terrain; enhance those physical structures with evolving technology (radar, drones, manned aircraft, remote sensors, etc.); provide increased border patrol agents and related equipment (transportation, appropriate weapons, specially trained dogs, etc.); supplement civilian border patrols with military personnel for technical and administrative support.

The primary responsibility of the Federal government is to protect its citizens from foreign and domestic threats. That begins with securing our borders and maintaining our national sovereignty.

D. Electronic Data Base: Require all employers to screen potential employees through the Federal E-Verify System to ensure they are legally entitled to work in the U.S. or have not over-stayed their visas.

E. Fines & Penalties: Levy fines on companies that knowingly hire illegal aliens at the rate of $5,000/day/violation. States should rescind the business license of any company (or division of a company) that accumulates more than 10 confirmed violations in a calendar year. Loss of such licenses will be for one year.

F. Whistleblower Rewards: Outside individuals or employees who successfully prove a company has knowingly violated U.S. immigration laws (Whistleblowers) will earn 30% of all fines/financial penalties levied against that company as the result of a state or federal agency action(s).  Companies or organizations that successfully prove a company has violated such laws will earn 40% of all fines/financial penalties levied against that company as the result of those actions.

G. Track All Visas: Require all people who legally enter the U.S. on work or education visas to inform ICE when leaving the country and to formally request an extension 30 days prior to visa expiration. Immigrants who violate visa rules will have committed a felony, are subject to immediate deportation without recourse and will be disqualified from any future participation in the “Pro Tem Residency Program” defined below.

II ADJUDICATION

Adjudication is required to ensure that people who violated immigration laws pay the consequences for those actions and are properly processed within U.S. laws while earning a reasonable path to citizenship.

A. Guest Worker Visas: Excluding children under 21, establish a special visa designed to support America’s seasonal labor needs. Guest Workers must register for such jobs at U.S. Embassies in their respective countries to obtain special SSN’s and work visas for a six-month period. They will pay standard income, payroll and local taxes. They are not eligible for welfare, food stamps, federally subsidized healthcare, unemployment, Social Security benefits, Medicare/Medicaid and do not have the right to buy homes, obtain drivers licenses or vote. Guest workers are required to return to their respective countries prior to their visa expiration to re-apply for another six months. No Family Visas will be granted: spouses, children over 21 or relatives of Guest Worker must apply separately.

B. Required Registration: All illegal aliens who entered the U.S. prior to December 31, 2015 must register at designated ICE locations within six months after Bill is enacted. Aliens who violate Registration rules will have committed a felony, are subject to immediate deportation without recourse and will be disqualified from any future participation in the “Pro Tem Residency” Program defined below.

C. Pro Tem Resident (PTR) Program: If the above listed items are duly enacted and properly enforced and BCB has certified the borders are secure, CP-USA will endorse the concept of a temporary or “Pro Tem Resident” as defined herein:

  1. Adults pay a non-refundable $5K fine at time of registration; pay $1K for their biological children. No credit or deferred payments.
  2. Pass a comprehensive background check to confirm identity and credit/work history.
  3. Have not committed any felonies while in the US.
  4. Will obtain an interim SSN when background check completed. Not eligible to purchase home or obtain a drivers license until check is passed.
  5. PTR’s who properly register and pass background checks are eligible for military service. Become full citizens after five years (interim period) if they commit no crimes. Military benefits will not apply to families of PTR’s. May remain in U.S. if honorably discharged before interim period expires; must pass citizenship tests.
  6. PTR’s will become full citizens after five years if not convicted of any crimes and pass standard citizenship test.  PTR will be deported if convicted of any crime.
  7. Must pay back taxes (and interest charges) on all income earned while in U.S. illegally.
  8. Pay all local, state and federal taxes with standard deductions.
  9. During interim period, PTR’s (and their families) are not eligible for welfare, food stamps, federally subsidized healthcare, unemployment, Social Security benefits, Medicare/Medicaid, Pell Grants, government subsidized scholarships or in-state tuition rates.

10. Are not eligible to vote in any federal, state or local election until full citizenship attained.

11. Except for one legal spouse and confirmed biological children, PTR’s may not bring relatives into the United States during interim period. Children are not eligible to become citizens until their parents obtain citizenship. Children born to PTR’s during interim period cannot become citizens until parents become citizens.

12. Illegal immigrants who are under 21 and without biological parents will be repatriated to country of origin. “Legal Guardian” has no status under PTR Program.

D. Violations Result in Deportation: Illegal aliens who fail to register by the prescribed deadline or who entered the United States after 12/31/13 are subject to immediate deportation without recourse. Pro Tem Residents are subject to deportation if ICE Hearing deems they violated terms of the program.

 

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