Foster's Letter to Congressman J.D. Hayworth Regarding Immigration Policy

Congressman J.D. Hayworth
14300 N. Northsight Blvd., Suite 101
Scottsdale, AZ 85260

May 30, 2006

Dear J.D.,

Thanks again for your time discussing immigration. I commend you for your commitment to secure the border and enforcing existing employment laws. These first steps are excellent.

The Latinos I know are hard working, loving, cheerful, motivated people. If they weren't here already it would be in our nation's interest to send recruiters to Mexico to give them scholarships to come. In Leviticus it tells us to "welcome the stranger."

Illegals who have worked hard for more than five years, pay their bills, speak English and live responsible lives should be treated differently then the estimated 300,000 to 400,000 illegal gang members and criminals. In the west Phoenix area of Maryvale there are 10 known members of MS-13. Local police are frustrated that the overburdened INS agents never show up to apprehend the unsavory ones, who later move on to another location and continue to dodge the law.

At the risk of over-simplifying, there has to be a way to allow constructive immigrants to stay here, and deport those who disrespect our laws and drain our resources. Neither Senate nor House ideas seem to differentiate among ‘types’ of illegals.

I've discussed immigration issues with a variety of people, from employers of billion dollar corporations; to golf club managers, motel and landscape company owners; directors of Latino centers; evangelical pastors; Catholic bishops; and many Latinos themselves ----some possibly illegals. I’ve also spoken with individuals entrenched in the issue, such as Chris Simcox who heads the Minuteman effort, and Colin Hanna of www.weneedafence.com.

Last week I had the opportunity to join 10 colleagues and President Bush to discuss a number of topics, including immigration. While in D.C., I also crossed paths with Senators Santorum, Kyl, Ensign, McConnell, Hatch, Inhofe, Isakson, Allen, Cornyn, DeMint, Carper, and I met with Carl Rove and Homeland Security's Michael Chertoff. I left each encounter with a lot to think about. The comments below however are solely my own.

Have you given more thought to the "vouching group" idea we discussed? I don’t think there’s a viable way for Homeland Security to have the time or resources to fully determine potential immigrants’ character and willingness to assimilate to the US.

This vouching group would be a panel of respected citizens who could better determine if an individual will be a positive influence on the local community. The testimony of neighbors, coworkers, employers and friends along with the demonstration of paid taxes, proficiency in English and clean criminal record could help filter information to Homeland Security.

Those approved would be recommended to Homeland Security to receive a two or three year visitor permit. There is no need to have a path to citizenship, which from what I understand, many do not actually want. A series of renewable two to three year visitor permits is preferable.

If we could find a system to vouch for the well intentioned immigrants, we might have a better chance to divest ourselves of those illegals who are gang members, criminals and La Raza members who want to conquer parts of the southwest to return it to Mexico. I was surprised to learn how large and serious this group is.

Friess Associates encourages its executives to realize their human potential is directly linked to how successful they are in developing the human potential of the people around them. Instead of saying to an executive "these are the four people that report to you," we say "these are the four people for whose success you are responsible". This same principle applies to nations. We should make it easier for responsible workers to come here legally and to help them grow as people.

All Americans share with you the importance of the rule of law which has varying penalties for murder, embezzlement, and running a red light. The penalties differ for different crimes. The penalties you promote would be appropriate for many illegals but not for those whose crime of crossing the border was motivated by a desire to improve the lives of their family and who have been net contributors to our economy. One shoe does not fit all.

Furthermore, within the current proposal, there is no provision concordant with the idea of statute of limitations (which is excepted only in the case of murder and kidnapping). If someone crossed the border illegally 9 years ago, should they then be in the same status as someone who crossed the border illegally 9 days ago?

I think the two crossing should be dealt with differently, with consideration not just to when someone crossed, but also to how they lived while in the US. If they were tax-paying, law-abiding, English-speaking positive elements of society, then their two or three year visitor permit should be promptly processed.

The Senate's approach of putting everybody on the path to citizenship (even after those in queue who are applying legally for residence or citizenship), is a bad idea.

Different laws not only have differing penalties but also varying levels of enforcement. A speed limit of 55 MPH may actually allow 65 MPH before a vehicle is stopped. Many of us are puzzled at how you and others in Congress are not demanding the New York Times and its reporter be prosecuted for violating the law by revealing secret classified information about our NSA efforts to thwart acts of terrorism.

That transgression endangers my grandchildren a lot more than some hardworking guy with improper documents. Why hasn't that law been accorded the same enforcement approach you recommend for border crossing violations?

Next, JD, I hope you can help push for a simple, tamper proof identification system making it easier for legal passage in and out of our country by those immigrants on temporary Visas. These could be issued by our Consulate in Mexico, akin to a passport, and the recipient's name would be automatically entered into an internet accessible database employers could check to verify status at time of hire.

Consensus embraces fines for hiring illegals but sentiment does not believe employers should be the arbiters of whether various documents are authentic. Without the aforementioned ID cards, how is it their responsibility if they are not given the right tools? The I-9 forms employers are required to keep on file could be vastly simplified as should the entire visa process.

I hope that you also agree that we should also look at creative solutions like diverting Social Security and Medicare withholdings that non-citizen foreign workers pay to be used to cover auto and health insurance instead.

I am a huge fan of yours, J.D. and am grateful for what you and Mary contribute to our country. I am glad you oppose some of the aspects of the flawed Senate bill. I do hope you will use your leadership to simplify and make easier legal entry and seize the opportunity to deport destructive gang members.

Giving a two or three year visitor permit to those here illegally and who have demonstrated their value to our country does not have to be a path to citizenship. This would garner good will among some great folks who deserve these opportunities. Deporting all the illegals simply won't work and has little political support.

God Bless,

Foster