McAllen Chamber of Commerce
1200 Ash Avenue, McAllen, TX 78501 | (956) 682-2871

Proposed United States Entry-Exit Control System to the South Texas Border Community

Also known as "The Traffic Jam and Job Destruction Act: Why Congress must do away with border clogging provision slipped into 1996 law"

Background

1996 Omnibus Immigration Reform and Immigrant Responsibility Act

  • Section 110
    • Intent - Track arrival and departure of "every alien" entering and leaving the United States
    • Added at last minute and passed without examination of potential ramifications
    • Little or no Congressional debate
    • Two Attempts to Modify
      • Both in March of 1999
      • One attempt by House
      • One attempt by Senate in two versions
      • Both attempts failed
    • Canadian Lobbying Efforts
      • Canada lobbied extensively since 1998 to exempt Canadians from the exit and entry control system of Section 110.
      • Canada states that Section 110 would:
        • Disrupt both commerce and trade between the United States and Canada, costing billions for industry
        • Cause seven mile-long lines of traffic at ports-of-entry
        • Cause delays of up to two and one-half days at ports-of-entry

Southern Border Crossings

The United States/Mexico Border had 254 million "land-port" crossings, including more than 75 million cars and 3.5 million trucks in 2002.

Department of Homeland Security

  • The Department of Homeland Security is proposing to implement an "entry and exit" system as the cornerstone of the department's mission.
  • In 2003, the immigration section of DHS received $362 million for the technology component of the "entry and exit" system and is expected to receive an additional $480 million in fiscal year 2004.
  • Dept of Homeland Security is proposing to implement an "entry and exit" system that would require every alien to be fingerprinted and photographed at each port-of-entry.
  • Visitor would be checked against a list of people who "should be denied entry" in the U.S.
  • When the visitor departs, the system would verify his/her identity and departure information, time, and date.

What Is At Issue

  • The system would also identify those who have overstayed their visa time limit and are frequent visitors to the United States. In this case the Mexico laser visa would be confiscated. Those persons would then not be allowed to reapply for a new laser visa for a year. Repeat offenders would be banned for life from entering the United States.

Border Communities' Position

  • The Border Communities on the Southern Border welcome over 50,000 Canadian winter visitors in the Rio Grande Valley every year. These visitors travel over 3,000 miles with a Canadian driver's license and birth certificate and stay here up to six months.
  • Yet, friends and family from Mexico are restricted on travel distance and time (72-hours) they can stay in the United States.

What Is At Issue (Continued)

  • Principally, those people that will be "caught" are many of the 8 million pre-cleared laser visa holders in Mexico that overstay their 72-hour visa. Mexican citizens are not the terrorists who pose a threat to our national security.
  • The economies, cultures, family ties, business interests, etc are inextricably connected
  • Plan will cause enormous shipping and traffic delays
  • Potential loss of tens of thousands of jobs in Michigan, Texas, California and other states along our northern and southern border.
  • Tourism The timeframe of waiting to cross the borders will drive tourist dollars elsewhere. Trade will be adversely affected. US VISIT would impact:
    • Hotels
    • Retail
    • Housing
    • Investments
    • Taxes

Delays could be as much as 2 ½ days – Lines could be more than 7 miles long between U.S. and Canada
There is more volume between U.S. and Mexico; lines would take more time and be much longer.
Longer lines since 9/11 have already caused a reduction at the two Hidalgo County entry points of over 12% with an every higher percentage at the Laredo point-of-entry.
The Mexican U.S. visitors play a huge part in the border retail market
The Mexican U.S. visitors provide substantial sales tax revenues to border communities

Border Communities' Position (Continued)

  • The proposed system will cause long delays at borders for people and transportation
  • For industry, time is money.
  • Manufacturers, that are located on both sides of the border, will face increased costs from transport delays.
  • Border communities rely highly on retail trade and tourism.
  • The system would eliminate maquiladora personnel living in the United States and working in Mexico.
  • Border Communities on the Southern Border adamantly oppose the devastating burden that will result from proposed entry/exit control system of which Canada is going to be exempt.
  • No known terrorist has entered the United States through the Southern Border. This kind of discrimination cannot be defended by reference to terrorism.
  • Mexicans are currently subjected to a far greater U.S. visit security procedure than the Canadians.
  • Contrary, Canadians can cross the border with no visa or passport. All that is required is a Canadian driver's license.
  • Fundamental Rules of NAFTA will be violated
    • NAFTA was supposed to create a level playing field for the United States, Canada and Mexico. Uniform entry and exit systems should apply to all three countries.
  • The Entry/Exit Control System will mean that, as far as the border communities are concerned, the terrorists will have won.

Objectives

Modify the eligibility requirements and the terms of admission of non immigrant visas:

  • Parity with Canadian visitors such that a Laser Visa visitor could be admitted for six months, rather than the 72-hour limitation.
  • Modification to terms of admission of the Intra-company Transfer (L1) visas and of the Professional Worker (H1B) visa so as to specifically allow a "third country national" coming to be employed in U.S./Mexico maquila industries to be employed in both the U.S. and in Mexico, without limit as to the percent of time spent working in either country.
  • "Retired workers visa", to allow a Canadian or Mexican who seeks to own a vacation home or "second home" in the United States, and who can demonstrate that they are able to support themselves without employment in the United States and who continues to maintain a residence outside of the United States, to visit the United States without employment authorization, to be issued three-year visas, renewable without limit so long as the above qualifications are met.
  • Delay implementation at the land ports until at least 2006. By this time, the program should have been tested at airports and seaports

What US VISIT Does Not Do:

  • Does not stop illegal immigration.
  • Does not stop determined terrorists from entering the country
  • Does not address infrastructure needs for ports-of-entry.
  • Does not have technology that is proven to work.

IT DOES:

  • Waste billions of dollars of resources on the wrong mission.
  • It will drive Mexico out of Texas, Arizona, New Mexico and California when a Laser Visa is adequate for Homeland Security

For More Information Contact:

  • Steve Ahlenius, President & CEO, McAllen Chamber of Commerce, (956) 682-2871, steve@mcallenchamber.com
  • Mike Allen, President & CEO, McAllen Economic Development Corporation, (956) 682-2875, mike@medc.org
  • Richard Cortez, President, Border Trade Alliance, Burton McCumber & Cortez (956) 618-2300 rcortez@bmctexas.com