PETITION TO SECURE AMERICA'S BORDERS AND ENFORCE OUR IMMIGRATION LAWS
To: The President of the United States, The United States Congress, and Appropriate Federal and State Officials
From: We the People
We, the undersigned, petition our elected representatives and government officials to secure America's borders, enforce the immigration laws of the United States, protect our national sovereignty, and ensure that immigration into the United States occurs through lawful processes.
A sovereign nation has both the right and the responsibility to control who enters its territory.
America is a nation of immigrants, and lawful immigration has played an important role in building our country. But there is a fundamental difference between lawful immigration and entering or remaining in the United States in violation of our immigration laws.
A nation cannot maintain control of its borders if its immigration laws are not consistently enforced.
SECURE THE BORDER.
ENFORCE THE LAW.
PROTECT AMERICA'S SOVEREIGNTY.
PRESERVE LAWFUL IMMIGRATION.
SECURE AND CONTROL AMERICA'S BORDERS
The United States government has a responsibility to maintain operational control of America's borders and ports of entry.
We call for a comprehensive border-security strategy that includes:
• Sufficient Border Patrol personnel, equipment, and resources to effectively patrol and secure the border.
• Physical barriers in locations where they are necessary and effective.
• Modern surveillance, detection, and communication technology to identify unlawful border crossings and assist Border Patrol personnel.
• Strong security and inspection at legal ports of entry to detect illegal drugs, human trafficking, sex trafficking, weapons, and other unlawful activity.
• Rapid response to areas experiencing unusually high levels of unlawful crossings.
• Cooperation among federal, state, local, and tribal law-enforcement agencies where constitutionally and legally appropriate.
Border security should not depend upon which political party controls Washington.
THE BORDER MUST BE SECURE.
THE LAW MUST BE ENFORCED.
THE UNITED STATES MUST MAINTAIN CONTROL OF WHO ENTERS OUR COUNTRY.
ENFORCE AMERICA'S IMMIGRATION LAWS
Border security means little if immigration laws are not enforced after someone enters the United States unlawfully or is determined through lawful process to have no legal right to remain.
We call for:
• Consistent enforcement of existing federal immigration laws.
• Prompt immigration proceedings that protect due process while preventing cases from remaining unresolved for years.
• Removal of individuals who receive a final lawful order of removal after all applicable legal proceedings and appeals are completed.
• Priority enforcement against individuals who pose threats to public safety or national security, including violent offenders, gang members, human traffickers, sex traffickers, drug traffickers, and others convicted of serious crimes.
• Strong and swift consequences for human smuggling, human trafficking, sex trafficking, document fraud, and organized efforts to circumvent America's immigration laws. Individuals charged with serious human smuggling, human trafficking, or sex trafficking offenses should be held pending a prompt hearing when authorized by law, with due process provided and the charges adjudicated as quickly as reasonably possible.
• Cooperation between federal immigration authorities and state and local law enforcement where permitted by law.
A law that government repeatedly refuses to enforce becomes little more than words on paper.
America can have a lawful immigration system that treats people fairly while still enforcing the law.
DUE PROCESS WITHOUT RELEASE INTO THE UNITED STATES
A person apprehended after entering the United States illegally is physically present in the United States and must be afforded the due process required by the Constitution and federal law.
We propose that this process begin immediately upon apprehension.
The individual should be identified, screened, processed, informed of the immigration proceedings against them, and provided an official date and location for their immigration hearing.
The individual should then be removed from the United States while awaiting that hearing, except where the Constitution, federal law, or an applicable legal protection requires otherwise.
Before removal, the individual would receive secure, verifiable documentation authorizing them to present themselves at a designated United States port of entry for the sole purpose of attending the scheduled immigration hearing.
On the scheduled date, the individual would present that documentation at the designated port of entry. After verification, the individual would be admitted under limited legal authority for the court proceeding and securely transported by the appropriate authorities to the immigration court.
The court would hear the case and determine whether the individual has a lawful right to enter or remain in the United States.
If the individual is granted lawful status or other legal protection, the United States would honor that decision.
If the individual is denied lawful entry or protection, the individual would be securely returned outside the United States in accordance with law.
FAILURE TO APPEAR AND ILLEGAL REENTRY
If an individual fails to appear for the scheduled hearing without legally recognized justification, the court should be authorized to resolve the immigration case in the individual's absence.
If that individual later illegally reenters the United States, the law should provide an expedited process limited to verifying the individual's identity, the prior immigration proceeding and failure to appear, and the subsequent illegal reentry.
Once those facts are established, the individual should be immediately removed from the United States and permanently barred from future lawful admission, subject only to protections that the Constitution or other controlling law does not permit Congress to eliminate.
DUE PROCESS MEANS THE RIGHT TO A FAIR LEGAL PROCESS.
IT DOES NOT MEAN AN UNLIMITED RIGHT TO REMAIN IN THE UNITED STATES WHILE THAT PROCESS TAKES PLACE.
AND IT DOES NOT MEAN REPEATED ILLEGAL ENTRY SHOULD COME WITHOUT SERIOUS CONSEQUENCES.
PROTECT ASYLUM FOR THOSE WHO TRULY NEED IT
America should continue to provide protection to people who legitimately face persecution and qualify for asylum under the law.
But an asylum claim should be examined promptly and carefully to determine whether the individual actually meets the legal requirements for protection.
THE BURDEN OF PROOF RESTS WITH THE ASYLUM APPLICANT.
The United States should provide every legitimate asylum applicant a fair opportunity to present a claim, but it is the applicant's responsibility to establish that the legal requirements for asylum have been met.
The government should not be required to prove that an individual does not qualify for asylum. The individual requesting the protection of the United States must establish that they themselves qualify.
When an individual traveled through another country before reaching the United States, immigration authorities should also examine:
• Which countries the individual traveled through before reaching the United States.
• Whether protection from persecution was reasonably available in any of those countries.
• Whether the individual requested asylum or other protection in those countries.
• If protection was not requested, why it was not requested.
• If protection was requested and denied, the circumstances and outcome of that application.
• Whether the individual had already obtained, or had a meaningful opportunity to obtain, lawful protection or permanent resettlement in another country.
• Whether returning the individual to a particular country would expose that person to persecution, torture, or another danger that United States law prohibits.
The purpose of asylum is to protect people who genuinely need refuge from persecution—not simply to provide another method of choosing the country in which a person would prefer to live.
PROTECT THE PERSECUTED.
VERIFY THE CLAIM.
ENFORCE THE LAW.
DO NOT ALLOW THE ASYLUM PROCESS TO BECOME A SUBSTITUTE FOR LAWFUL IMMIGRATION.
PROCESS ASYLUM CLAIMS BEFORE RELEASE INTO THE UNITED STATES
A claim for asylum should be taken seriously, evaluated promptly, and decided as quickly as reasonably possible.
Making an asylum claim should not, by itself, become a means of gaining release into the United States while waiting months or years for the claim to be resolved.
We call for:
• Rapid initial screening of asylum claims by properly trained immigration officials.
• Verification of identity, nationality, criminal history, and available background information.
• The burden of proof to remain with the asylum applicant to establish that they themselves qualify for protection under United States law.
• Examination of the countries through which the applicant traveled and whether meaningful protection was reasonably available before reaching the United States.
• Prompt immigration hearings for claims that require further consideration.
• Protection for individuals who establish legitimate claims under United States law.
• Rejection of fraudulent or legally insufficient claims and appropriate consequences for intentional asylum fraud.
• Removal from the United States while a case awaits its scheduled hearing when legally permissible, using the secure court-return process described in this petition.
ASYLUM SHOULD PROTECT PEOPLE WHO GENUINELY QUALIFY FOR PROTECTION.
IT SHOULD NOT BECOME A BACK DOOR AROUND AMERICA'S LAWFUL IMMIGRATION SYSTEM.
STOP DRUG TRAFFICKING, HUMAN TRAFFICKING, SEX TRAFFICKING, AND CRIMINAL ORGANIZATIONS
Securing America's borders is not only an immigration issue. It is also a matter of public safety and national security.
Criminal organizations exploit weaknesses in border security to smuggle illegal drugs, traffic human beings for labor and sexual exploitation, move money and contraband, and conduct other criminal activity.
We call for:
• Increased detection and inspection capabilities at ports of entry and along America's borders to identify illegal drugs, weapons, contraband, human trafficking, and sex trafficking.
• Strong enforcement against drug cartels, human traffickers, sex traffickers, human smugglers, gangs, and other criminal organizations operating across America's borders.
• Improved intelligence sharing and coordination among federal, state, local, and tribal law-enforcement agencies.
• Increased use of technology to detect smuggling routes, tunnels, drones, vehicles, vessels, and other methods used to illegally move people or contraband across the border.
• Aggressive investigation and prosecution of individuals and organizations that profit from human trafficking, sex trafficking, human smuggling, drug trafficking, and other border-related criminal activity.
• Identification, protection, and appropriate assistance for victims of human trafficking and sex trafficking while aggressively pursuing the individuals and criminal organizations responsible for exploiting them.
OUR BORDERS WILL NOT BE CONTROLLED BY CARTELS, TRAFFICKERS, SEX TRAFFICKERS, OR SMUGGLERS.
THE UNITED STATES MUST CONTROL ITS OWN BORDERS.
REMOVE THE EMPLOYMENT INCENTIVE FOR ILLEGAL IMMIGRATION
America cannot effectively discourage illegal immigration while allowing employers to knowingly profit from unauthorized labor.
Employers who follow the law should not be placed at a competitive disadvantage against businesses that knowingly hire workers who are not legally authorized to work in the United States.
We call for:
• A reliable and efficient employment-verification system that allows employers to quickly confirm whether a person is legally authorized to work in the United States.
• Meaningful penalties for employers who knowingly hire or continue to employ individuals who are not legally authorized to work in the United States.
• Stronger penalties for employers who repeatedly or deliberately violate immigration employment laws.
• Aggressive investigation and prosecution of businesses or individuals involved in forced labor, human trafficking, sex trafficking, fraudulent employment documents, or organized schemes designed to exploit unauthorized workers.
• Protection for lawful employers and workers through a verification system that is accurate, timely, and provides a process for correcting errors.
• Enforcement focused on those who knowingly violate the law—not employers who make a good-faith effort to comply with it.
If illegal employment remains readily available, it will continue to provide an incentive for people to bypass America's lawful immigration system.
PROVIDE A LAWFUL EMPLOYER-SPONSORSHIP PATH
Enforcing immigration law should not ignore the legitimate workforce needs of American businesses.
There are industries and occupations throughout the United States where employers struggle to find enough American workers willing or available to perform certain jobs. When an immigrant is willing and qualified to perform that work, there should be a clear lawful process for an employer to sponsor that individual for authorized employment.
We call for:
• A streamlined employer-sponsorship process allowing American employers with legitimate workforce needs to sponsor qualified immigrant workers.
• Background, identity, and security screening of every sponsored worker.
• Verification that the sponsoring employer is a legitimate operating business with a genuine employment need.
• Lawful work authorization tied to compliance with the immigration program.
• Protection of American workers by requiring employers to comply with applicable wage and employment laws.
• Protection of immigrant workers from exploitation, trafficking, forced labor, or employers using immigration status as a means of control.
• A documented process allowing sponsorship to be transferred from one qualified employer to another qualified employer, provided the new employer accepts the responsibilities of sponsorship and the worker continues to meet all requirements of the program.
• Sponsored workers must remain in compliance with all applicable federal, state, and local tax filing and payment requirements as a condition of maintaining their sponsored status.
• A sponsored worker who is convicted of a felony should lose eligibility for the employer-sponsorship program and be subject to removal from the United States in accordance with law.
• Meaningful penalties for employers or workers who knowingly abuse or defraud the sponsorship system.
The sponsorship should follow the worker from one approved employer to another through a documented transfer process rather than tying the worker permanently to a single employer.
LEGAL STATUS COMES WITH RESPONSIBILITY.
FOLLOW THE LAW.
PAY ALL APPLICABLE TAXES.
MAINTAIN ELIGIBILITY.
AND AMERICA WILL PROVIDE A LAWFUL PATH FOR NEEDED WORKERS AND THE BUSINESSES THAT EMPLOY THEM.
MAKE LAWFUL IMMIGRATION WORK
America should welcome immigrants who follow our laws, meet the requirements for admission, and want to work, build a life, raise their families, and contribute to our country.
A secure border and a functioning legal immigration system should work together.
People who follow the lawful process should not be placed behind those who bypass it.
We call for:
• A legal immigration system that is understandable, efficient, secure, and properly staffed.
• Reasonable processing times so qualified applicants are not forced to wait unnecessarily for decisions.
• Thorough identity, criminal-history, and national-security screening.
• Efficient lawful pathways for workers needed by American employers.
• Protection of the immigration opportunities of people who follow the rules rather than rewarding those who bypass the lawful process.
• Strong safeguards against immigration fraud, document fraud, identity fraud, and abuse of the legal immigration system.
America can be both a nation that welcomes lawful immigrants and a nation that controls its borders.
THOSE TWO PRINCIPLES DO NOT CONFLICT.
WELCOME THOSE WHO COME LAWFULLY.
PROTECT THE OPPORTUNITY TO BECOME PART OF AMERICA.
SECURE THE BORDER AND ENFORCE THE LAW.
DO NOT SHIFT THE COST OF FAILED BORDER ENFORCEMENT TO AMERICAN COMMUNITIES
The federal government is responsible for enforcing federal immigration law and protecting America's international borders.
When the federal government fails to adequately perform those responsibilities, state and local governments should not simply be left to absorb the resulting costs.
We call for:
• Greater transparency regarding the costs associated with federal immigration and border policies.
• Clear accounting of federal spending related to border enforcement, immigration processing, detention, removal, and asylum proceedings.
• Recognition of legitimate costs imposed upon state and local governments as a direct result of federal immigration policy.
• Federal accountability when federal policy decisions create substantial additional responsibilities for state and local governments.
• Protection of American taxpayers from unnecessary costs created by prolonged immigration proceedings, administrative delays, fraud, and ineffective enforcement.
Washington should not fail to secure the border and then simply send the consequences and the bill to America's states, cities, communities, and taxpayers.
A LEGITIMATE RESPONSIBILITY OF THE FEDERAL GOVERNMENT
Securing America's international borders and administering federal immigration law are legitimate responsibilities of the federal government.
Under the reforms proposed by Americas Policy Institute, legitimate federal responsibilities must continue to be properly funded. Border security is a clear example of an expense that the federal government should identify, justify, budget transparently, and receive the necessary funding to carry out effectively.
SECURING THE BORDER IS NOT OPTIONAL.
IT IS A LEGITIMATE COST OF MAINTAINING THE SOVEREIGNTY AND SECURITY OF THE UNITED STATES.
WE PETITION FOR ACTION
We call upon the President, Congress, and appropriate federal and state officials to pursue the lawful reforms necessary to:
• Secure and maintain control of America's borders and ports of entry.
• Enforce America's immigration laws consistently.
• Provide due process without automatically releasing individuals into the United States while immigration proceedings remain pending.
• Establish the secure court-return process described in this petition.
• Establish serious consequences for failure to appear followed by subsequent illegal reentry.
• Protect legitimate asylum applicants while requiring applicants to establish that they themselves qualify for asylum.
• Combat drug trafficking, human trafficking, sex trafficking, human smuggling, and organized criminal activity.
• Hold employers accountable for knowingly employing unauthorized workers.
• Create a lawful, accountable, and transferable employer-sponsorship program for immigrant workers needed by American businesses.
• Require sponsored workers to obey the law, meet applicable tax obligations, and maintain eligibility for the program.
• Improve and streamline lawful immigration for those who follow America's laws.
• Provide transparent accounting of the costs of federal immigration and border policies.
• Properly fund border security as a legitimate responsibility of the federal government.
America does not have to choose between compassion and enforcement.
We can protect people who legitimately need refuge.
We can welcome immigrants who come here lawfully.
We can provide American businesses with lawful access to workers they legitimately need.
And we can secure our borders and enforce our laws.
A nation that controls its borders determines who may lawfully enter.
A nation that enforces its laws protects the integrity of lawful immigration.
And a government that answers to the people must carry out the responsibilities entrusted to it.
SUPPORT POLICY NOT POLITICIANS.
SECURE THE BORDER.
ENFORCE THE LAW.
PROTECT AMERICA'S SOVEREIGNTY.
We the People respectfully demand action.
Signed,
WE THE PEOPLE