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New bill seeks to deport illegal immigrants guilty of a DUI

The Subcommittee on Immigration Policy and Enforcement introduced H.R. 3808, the Scott Gardner Act, that would automatically deport illegal immigrants who are convicted of drunk driving.

Each year thousands of Americans are killed in alcohol-related accidents. In fact, Mothers Against Drunk Driving (MADD) estimates that drunk drivers get behind the wheel more than 80 times before they are arrested. They also contend someone dies every 50 minutes in drinking-related accidents.

As a result, H.R. 3808 was introduced by Rep. Sue Myrick (R- NC) that mandates illegal immigrants who drink and drive are detained and processed by ICE. The Democratic-led Senate also has a bill circulating, however, the Senate would only consider three-time DUI offenders eligible for felony charges. (A felony conviction usually means illegal immigrants are subject to deportation).

The proposed legislation contains the following measures:

• Requires the detention of illegal immigrants who are apprehended for drunken driving after they are released from custody by local law enforcement,

• Instructs the Department of Homeland Security to prioritize the deportation of an illegal immigrant who is convicted of drunken driving,

• Requires a state or local law enforcement officer to verify with federal databases the immigration status of a person who the officer has apprehended for drunken driving and has reasonable grounds to believe is an illegal immigrant,

• Gives local law enforcement the authority to issue a federal detainer to keep an illegal immigrant arrested for drunken driving in custody until he or she is convicted or transferred to a federal facility.

Each year high profile drunk driving cases make headlines. Recently, Carlos Martinelly-Montano proved he is a serial drunk driver. His first DUI crash cost one life and severely injuring two others. Authorities said, Montano has been arrested for drunk driving twice and reckless driving. Despite a conviction, Montano’s immigration status was never checked.

“Even when he was placed in ICE ‘custody’ after his second DUI arrest, he was released into the streets with a GPS device,” according to Rep. Elton Gallegly (R-CA). “However, GPS monitoring doesn’t prevent a released criminal from driving drunk. And we know that drunken drivers involved in fatal crashes are eight times more likely to have a prior drunken driving conviction than other drivers.”

Lax enforcement of immigration and drunk driving laws allowed Montano to continue his drinking and driving ways. Montano was finally put away after he killed a Catholic nun in 2010. “Montano got behind the wheel of his vehicle yet again after he had been drinking heavily. This time, tragically, he plowed into a car with three Catholic nuns inside, killing one and severely injuring the two others. Montano was subsequently convicted of felony murder, and involuntary manslaughter,” Gallegly said.

The Congressman said an anonymous conversation with an ICE official confirmed the federal agency doesn’t consider two drunken driving incidents are worthy of detention. “There is absolutely no reason for the administration’s outrageous policy,” Gallegly said.

Case after case clearly demonstrates drunk drivers habitually drive under the influence and increase their chances of causing a traffic accident.

“There are numerous documented cases of illegal immigrants who receive convictions for drunken driving and then are not deported. Although these illegal immigrants have no right to be in our country, they remain in the United States. They are simply released and often go on to drink and drive again. This problem can’t continue to be ignored,” Gallegly finished.

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© Copyright 2012 Kimberly Dvorak All Rights Reserved.

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DHS promises US-VISIT biometric data program will slow illegal entry

The Department of Homeland Security (DHS) announced the implementation of US-VISIT, a biometric program that will monitor entry/exit patterns for international travelers. The program will keep tabs on foreign visitors and curtail visa over-stayers.

US-VISIT’s use of biometrics streamlines the U.S. entry process and DHS officials say it virtually eliminates fraud. The biometrics program collects unique physical characteristics, such as fingerprints, that provide port-of-entry agents with automated recognition. This tamper-proof identification service is reliable, convenient and virtually impossible to forge.

“US-VISIT supports the Department of Homeland Security’s mission to protect our nation by providing biometric identification services to federal, state and local government decision makers to help them accurately identify the people they encounter and determine whether those people pose a risk to the United States,” a DHS statement said. “US-VISIT’s most visible service is the collection of biometrics—digital fingerprints and a photograph—from international travelers at U.S. visa-issuing posts and ports of entry. Collecting this information helps immigration officers determine whether a person is eligible to receive a visa or enter the United States. The biometric collection process is simple, convenient and secure.”

The new program provides port-of-entry decision makers with the reliable information they need to prevent identity fraud. The innovative use of biometrics also deprives criminals and immigration violators’ access to the United States. DHS also claims they will be able to track international travelers who remain in the country beyond their period of admission using this biometric data.

“Since 911 we’ve gotten better at the check-in counter, but have not had a reliable method of knowing who is checking-out,” said Bob Dane, Federation for American Immigration Reform (FAIR).“The new plan for a biometric system of tracking exits is long overdue and will reduce the incidence of people overstaying their visas, the risk of terrorism and illegal immigration overall.”

However, secure border activists’ groups argue that ports of entry may provide a higher level of scrutiny, but much of the U.S./Mexico border remains unfenced. Border Patrol agents are charged with protecting the nation’s rural border, however, slower response times due to rugged terrain, limit the number of illegal immigrants, terrorists and drug smuggler apprehensions. Also this new program will do nothing to the country’s porious border. Even when Border Patrol responds to an incursion, agents face danger. Last year an illegal drug smuggler inside American borders murdered Border Patrol Agent Brian Terry.

How Biometrics Assure Identity

Biometrics collected by US-VISIT and linked to specific biographic information enable a person’s identity to be established, then verified, by the U.S. government. With each encounter, from applying for a visa to seeking immigration benefits to entering the United States, US-VISIT:

Checks a person’s biometrics against a watch list of known or suspected terrorists, criminals and immigration violators
Checks against the entire database of all of the fingerprints the Department of Homeland Security has collected since US-VISIT began to determine if a person is using an alias and attempting to use fraudulent identification.
Checks a person’s biometrics against those associated with the identification document presented to ensure that the document belongs to the person presenting it and not someone else.
These services help prevent identity fraud and deprive criminals and immigration violators of the ability to cross U.S. borders. Based on biometrics alone, US-VISIT has helped stop thousands of people who were ineligible to enter the United States.
To view the step-by-step video that explains the process click here;

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© Copyright 2012 Kimberly Dvorak All Rights Reserved.

ICE Detention facilities provide luxuries for those awaiting deportation

Immigration and Customs Enforcement (ICE) is charged with implementing the nation’s immigration laws and part of that responsibility includes detaining and deporting those who break the law. However, the Obama Administration, ICE Director, John Morton, and DHS Secretary, Janet Napolitano made changes to the process and will provide a litany of “special perks” for those who break the law.

The 355-page detainee manual includes benefits like special meals, female hormone treatment for transgender detainees, abortions, undisclosed medical treatment, “ethnically appropriate” meals, unfettered access to interpreters and legal services, access to preferred-religious materials, and mental health services. The extensive manual provides many perks that American citizen prisoners do not receive, according to Congressman Lamar Smith (R-TX).

The detention facilities must also provide illegal immigrants with a wide variety of recreation and exercise options. Lawbreakers can choose from soccer, basketball, volleyball and an exercise gym. If they want to relax they can choose to read a book in their native language, watch television, play games or entertain visitors.

Rep. Smith likened the new requirements to a “hospitality guideline for illegal immigrants.” He also laments the new detainment standards as unnecessary and “far and beyond” U.S. law requirements.

“The administration goes beyond common sense to accommodate illegal immigrants and treats them better than citizens in federal custody,” Rep. Smith said in a February 2012 statement. “The new detention manual contains extensive and customized details for each illegal immigrant’s stay, regulating everything from the salad bar to recreational activities to medical care. This new manual is not a surprise – it’s just part of a broader pattern made by the Obama administration to reward lawbreakers. This administration has already granted backdoor amnesty to potentially millions of illegal immigrants and has appointed a taxpayer-funded advocate to lobby for them.”

Rep. Smith contends the Obama administration “puts illegal immigrants ahead of the interests of American citizens and taxpayers.”

There is an Immigration Subcommittee oversight hearing scheduled for later this month.

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© Copyright 2012 Kimberly Dvorak All Rights Reserved.

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Real ID – secure driver’s licenses edging closer to reality new study shows

Despite the Obama Administration’s lagging demeanor, the implementation of the REAL ID Act of 2005 is gaining momentum. The Center for Immigration Studies (CIS) just released its second comprehensive assessment for securing driver’s license standards and ensuring REAL ID becomes a reality in all 50 states.

The report concludes, by January 2013, at least 36 states will be in full compliance of REAL ID. So far, the remaining states have not announced when they would be in compliance with REAL ID.

“While the Department of Homeland Security lets REAL ID languish with a looming compliance deadline of Jan. 15, 2013, the states are pushing on with securing driver license issuance standards not because the feds or Congress seems to give a hoot, but because they realize that the DMV counter can be a defense against identity theft and fraud, the kind that terrorists, illegal aliens and criminals use to switch their identities to that of an unsuspecting American,” said Janice Kephart, a former 9/11 Commission counsel and National Security Policy Director at CIS.


“REAL ID is becoming a success because of the benefits it provides to protecting identity, catching fraud, improving customer service and supporting law enforcement. The law, despite the browbeating it has taken for years, is becoming a reality. But without DHS stepping up to the plate to support the states, and Congress ignoring next year’s deadline, the states will only feel a greater divide between themselves and Washington as political campaigns heat up this year– an issue already exacerbated by an administration willing to sue any state whose policies or laws it disagrees with,” she said.

The data compiled in this report notes that states see a real value in pursuing REAL ID standards because the improvements reduce identity theft and fraud, increase efficiencies, improve customer service, and support law enforcement. As a result, CIS found states are moving forward and paying for the improvements with their state tax dollars.

Specifics contained in this report include; overall compliance, 53 states and territories are embracing REAL ID or the technical tenets of REAL ID; 5 states have submitted REAL ID compliance packages to DHS with a total of 36 materially or substantially materially compliant now or likely will be by the REAL ID deadline of January 15, 2013. 

At least 43 jurisdictions are issuing tamper-resistant cards; 
51 are checking Social Security numbers and the remaining five are currently getting online; 47 are registered with DHS to check legal presence through the SAVE database.

Kephart also pointed out that the states contacted for the CIS study said they no longer have guidance or support from DHS when it comes to implementing REAL ID Act.

However, a recent trip to the border by DHS Secretary Janet Napolitano highlighted the positive trends undertaken by DHS to shore up national security along the nation’s borders.

“The men and women of CBP work hard every day to keep our borders safe while facilitating the trade and travel that are so essential to the economy of the Southwest region and the United States,” she said. “This administration has deployed unprecedented resources along the Southwest border and we continue to work closely with our partners at all levels—including other federal agencies, state, local, tribal and territorial law enforcement, the private sector, and the government of Mexico—to secure our border.”

With the political climate heating up for the 2012 elections, the REAL ID legislation will certainly find a place on the national landscape.

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© Copyright 2012 Kimberly Dvorak All Rights Reserve

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Illegal alien released from custody rapes 13-year-old girl

A Virginia Congressman asked the Department of Homeland Security (DHS) to provide local law enforcement agencies with access to digital fingerprints for all criminal, illegal aliens. Rep. Frank Wolf (R-VA) announced that funding to digitize the fingerprints of all criminal, illegal immigrants be included in the DHS 2012 spending bill.

Wolf is asking Immigration and Customs Enforcement (ICE) to improve its Secure Communities database after a criminal illegal alien was arrested for public drunkenness, but later released when his fingerprints were not identified by law enforcement computers.

Salvador Portillo-Saravia, a known MS-13 gang member, was rearrested just four weeks later for raping an 8-year-old girl in Virginia. Last October, Portillo-Saravia pled guilty on two felony charges of rape of a victim under 13, as well as sodomy. Courts will sentence Portillo-Saravia next month.

“This tragic incident identified a critical shortcoming in the Secure Communities program: immigration fingerprints taken on paper prior to 2005 were often not included in the database,” Wolf said in a statement. “Unfortunately, many local law enforcement agencies were unaware of this gap in the system and that manual searches were still necessary.”

The House Appropriations Committee promptly responded to Rep. Wolf’s request to ensure criminal illegal aliens fingerprints are properly digitized and added the necessary funding to update the database.

“The Secure Communities database is an important resource for state and local law enforcement,” Wolf said. “I will continue to work to ensure this system is operating as it was intended (in order) to help protect our communities.”

The following is the illegal alien digitized fingerprint language included in the FY 2012 bill;

Improving Immigration Enforcement Activities

A total of $12,000,000 above the request is provided to improve immigration enforcement
activities, of which $5,000,000 is included in Secure Communities for digitization of paper fingerprint cards from legacy immigration files. Both the House and Senate reports outlined areas for focus (such as) developing a comprehensive strategy to address the visa overstay problem, modernizing the Alien Criminal Response Information Management System (ACRIMe) to support the identification of criminal aliens and individuals attempting to overstay a visa, enhancing ICE capabilities for law enforcement support for immigration- related inquiries from State and local law enforcement, and digitizing old fingerprint records. ICE is directed to brief the Committees, with US-VISIT and other DHS components as appropriate, on its plan for utilization of these funds, no later than 60 days after the date of enactment of this Act. ICE is also directed, in conjunction with US-VISIT and United States Citizenship and Immigration Services (USCIS), to report to the Committees no later than 120 days e ate of enactment of this Act on the methodology of prioritizing files for the digitization effort as well as the overall projected cost of the project to ensure electronic availability of appropriate biometrics in IDENT.

Digitization Efforts

USCIS, ICE, and the Executive Office of Immigration Review are directed to brief the Committees on use of digitized records, as required in the House report, no later than March I, 2012. USCIS is also directed to provide no less than $29,000,000 to continue conversion of immigration records to digital format.

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© Copyright 2012 Kimberly Dvorak All Rights Reserved.

DHS set to employ 50,000 returning military veterans by 2012

The Department of Homeland Security’s (DHS) new mission, according to Secretary Janet Napolitano, is to have 50,000 veterans employed at the agency by the end of 2012.

Secretary Napolitano announced that “DHS spent more than $1.4 billion with veteran owned small businesses, and surpassed the Small Business Administration’s target of spending 3 percent of all contracting dollars with service disabled veteran owned businesses.”

The agency says they recognize the numerous sacrifices veterans make for America, and have developed three strategic objectives to connect with veterans in fulfilling DHS missions: Increasing veteran employment opportunities; expanding contracting opportunities for veteran-owned businesses, and enhancing veteran engagement within the Department of Homeland Security.

Veterans currently comprise 25 percent of all DHS civilian employees, as well as 49,000 active duty and reserve members of the U.S. Coast Guard.

These veterans reportedly serve in support of a full range of mission areas, like Transportation Security Officers, Border Patrol and Immigration and Customs Enforcement agents, Federal Protective Service officers, and inside headquarters.

The agency also participates in several veteran programs, including Operation Warfighter and the Wounded Warrior Program. These veteran-specific programs are structured to recruit and hire veterans, as well as assist disabled veterans expand skills and transition to the civilian workforce.

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© Copyright 2011 Kimberly Dvorak All Rights Reserved.

Armas Cruzadas- DHS Sec. Napolitano’s own Mexican gun-trafficking operation

While Operation Fast and Furious remains a thorn in U.S. Attorney General Eric Holder’s side, it looks like Department of Homeland Security (DHS) Secretary Janet Napolitano may soon begin sharing the pain.

Sec. Napolitano recently informed the House Judiciary Committee she had no knowledge of Fast and Furious, but omitted to mention her own department was running Operation Armas Cruzadas.

Operation Armas Cruzadas highlights another crucial factor – that the Mexican government had more of a role in the cartel arms trafficking business than just playing the victim.

This new information dovetails with complaints by Alcohol Tobacco and Firearms (ATF) agents in the Phoenix office that complained Immigration and Customs Enforcement (ICE) agents from Team VII regularly called “dibs” on gun trafficking cases in order to “get credit” for splashy narco-related investigations. One agent explained that the atmosphere seemed more focused on press conferences and ego rather than commonsense.

The DHS memorandum reveals that ICE ran Operation Armas Cruzadas with the full knowledge of Arturo Chávez Chávez,Mexican Attorney General in an effort to ostensibly prosecute cartels in Mexico using U.S. intelligence and agents. This is a departure from Alcohol Tobacco and Firearms (ATF) Operation Fast and Furious where the Mexican government claimed it knew nothing about the gun-walking program.

The Mexican Attorney General agreed it was beneficial for both “…governments to work in a coordinated fashion to prevent, discourage and process arms traffickers,” the documents disclosed.

These documents demonstrate ICE remains more involved in the gun trafficking business than anybody knew or Sec. Napolitano was willing to admit to Congress.

However, Operation Armas Cruzadas doesn’t seem to include any input by ATF agents and this arms trafficking investigation has escaped scrutiny by the media. Perhaps, a bloated-bureaucratic DHS crossed its fingers hoping Operation Armas Cruzadas would not be discovered by the media?

Also, intelligence gathering in a post 9/11 world has accomplished a couple of things; first, it makes it easier for agencies to conduct investigations with little oversight under the guise of national security. And second, the infamous new age of electronic intelligence gathering provides law enforcement agencies with plausible deniability.

This is the first report concerning Operation Armas Cruzadas and a series of stories will provide more information on this gun-trafficking program in the coming days.

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© Copyright 2011 Kimberly Dvorak All Rights Reserved.

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Los Angeles City Council votes to make August “Immigrant Pride Month”

All council members present decided the city’s 1.6 million immigrants that make up 40 percent of the population deserved to be recognized.

The resolution deems Los Angeles a “global city” that represents many cultures and languages. In the past, the city has also voiced its disapproval of Arizona’s adoption of SB1070 as well as other copycat illegal immigration laws springing up in many other states.

“Anti-immigrant legislation like SB 1070 in Arizona and other ‘copy-cat’ measures now circulating across the nation inherently cause racial profiling and discrimination against certain ethno-racial groups that ‘look and sound’ like immigrant populations,” the resolution reads.

Los Angeles Council members have recognized several pro-immigrant advocates in California who are actively engaged to repeal Arizona’s anti-immigrant laws, as well as prevent anti-immigrant legislation from passing in other states as a reason to adopt the resolution.


Click here to find out more!

The council clearly indicated they supported the Development, Relief, and Education for Alien Minors (DREAM) Act even though it failed at the federal level last year during the lame-duck session in Congress.

“In 2011 important efforts are unfolding in California, New York, Illinois, Massachusetts and other states to enact pro-immigrant policies, as well as withdraw from ineffective and/or heavy-handed federal enforcement polices like Secure Communities.”

However, Department of Homeland Security (DHS) just announced they are rescinding the Memorandums of Agreement (MOAs) on Secure Communities with states like California, Illinois, New York and Massachusetts that want to withdraw from the program. DHS maintains that the Secure Communities program is mandated by federal law and said it will implement the program nationwide by 2013.

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© Copyright 2011 Kimberly Dvorak All Rights Reserved.

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DHS complies with some 9/11 Commission Report recommendations

The 9/11 Commission released its report seven years ago, and Department of Homeland Security (DHS) Secretary Janet Napolitano announced the agency will carry out several security measures to protect America.

The report highlights changes DHS implemented after the 9/11 commission strived to ensure the country is stronger, safer and more resilient. As the country prepares for the 10th anniversary of 9/11 terrorist attacks, the new DHS report details advancements homeland security made to better defend the evolving terrorist threats.

“Ten years after the September 11, 2001 attacks, America is stronger and more resilient than ever before, but threats from terrorism persist and challenges remain,” said Secretary Napolitano. “Over the past decade, we have made great strides to secure our nation against a large attack or disaster, to protect critical infrastructure and cyber networks, and to engage a broader range of Americans in the shared responsibility for security.”

One part stressed by DHS is the expanding information sharing program. The United States strengthened homeland security that improves information sharing with both the public and private sector. “If You See Something Say Something™” campaign is one example of a program that relies on public imput to ensure U.S. security.” This program didn’t exist on 9/11. The “National Suspicious Activities Reporting Initiative,” which trains state and local law enforcement to recognize behaviors and signals related to terrorism, crime and other threats is another new program.

Another program implemented is the “Airline Passenger Pre-screening and Targeting Terrorist Travel,” program. “Ten years ago, screening of passengers coming to the United States was limited to the visa process and inspection of a person by an immigration officer at the port of entry.” Now DHS requires all airlines flying to the U.S. to provide an “Advance Passenger Information and Passenger Name Records” list before departure. This list checks all passengers flying to, from, or within the United States against government watch-lists.

Protecting Cyber Networks and Critical Physical Infrastructure is one of the most difficult tasks for DHS. The National Cyber security Protection System uses the EINSTEIN cyber intrusion detection system and is a key component in protecting the country from cyber attacks. DHS also opened the “National Cyber Security and Communications Integration Center,” that will serve as the nation’s hub for responding to cyber attacks.

A 2010 landmark memo between DHS and the Department of Defense also improves America’s abilities to protect against cyber threats to military computer programs and networks, according to the report.

Napolitano contends that America needs to bolster the security of U.S. borders and identification documents needs to be a top priority. “Protecting the nation’s borders—land, air, and sea—from the illegal entry of people, weapons, drugs, and contraband is vital to homeland security, as well as the nation’s economic prosperity.” However, the recent ATF “Project Gunrunner” and continuation of cartel violence show the Obama administration’s lack of control. This contentious border security issue has created a new firestorm- one the Democrats have yet to solve.

This last program Napolitano touts gives new meaning to “robust” and “civil liberty.”

DHS tries to feel its way through TSA by “ensuring a robust privacy, civil rights and civil liberties safeguards.” However, TSA continues to draw fire from angry passengers who say the “friskers” and too “friskee.”

While the DHS report lays the groundwork for a more secure U.S., the government continues to put off finishing the border fence- something most Americans want.

To view the Department of Homeland Security’s full report and related materials, please visit

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© Copyright 2011 Kimberly Dvorak All Rights Reserved.

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D.C. lawmakers move to implement E-Verify for some government contracts

In an effort to protect American jobs, the U.S. Congress adopted an amendment to the FY 2012 Energy and Water Appropriations Bill that mandates the government hold contractors accountable by using the E-Verify program.

The Amendment was successfully introduced by Congressman Alan Nunnelee (R-Miss). “This is a common-sense amendment that simply uses the appropriations process to enforce the E-Verify system that is currently in place. While nearly 14 million Americans are looking for work, research estimates that more than 7 million illegal aliens hold jobs in the U.S. workforce.”

Rep. Nunnlee says the Amendment will help eliminate illegal employment that is costing U.S citizens jobs and money.

“Illegal employment is one of the driving forces of illegal immigration and a contributing factor to our nation’s current debt problem. Illegal immigrants use our medical services, draw on state and federal assistance and take advantage of our educational system for their children – all at the cost of hardworking taxpayers,” Nunnlee said. “As a member of the Immigration Reform Caucus, I am committed to identifying legislative solutions that address the issue of illegal immigration. Similar E-Verify language has been included in the Homeland Security bill, and this amendment is a step in the right direction.”

E-Verify is an Internet-based system that allows an employer, using information reported on an employee’s Form I-9, Employment Eligibility Verification, to determine the eligibility of that employee to work in the United States, according to DHS’s website.

The easy to use, web-based, E-Verify program is a free verification service offered by DHS and the Social Security Administration. While the program is voluntary for most employers, those seeking certain government contracts must enroll their future employees. The process is straightforward and takes less than a minute per identification and is 96.9 percent accurate.

To date more than 238,000 employers are enrolled in E-Verify, with more than 16 million queries run through the system in 2010. So far this year there have been more than three million cases run through the system.

The Amendment to Energy and Water Appropriations Bill offered by Congressman Alan Nunnelee read; “None of the funds made available under this Act may be expended for any new hire by any Federal agency funded in this Act that is not verified through the E-Verify Program established under section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note).”

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