Obama Greatly Expands His Immigration Powers Under Secretive Trade Deal, US Laws Voided

In 2003, the Senate unanimously passed a resolution that said no immigration provision should be in trade agreements – and in fact, former Sen. Hillary Rodham Clinton (D-NY) voted for this resolution.

The existence of these 10 pages is in clear violation of that earlier unanimous decision, and also in violation of the statements made by the U.S. Trade Representative.

“He has told members of Congress very specifically the U.S. is not negotiating immigration – or at least is not negotiating any immigration provisions that would require us to change our laws. So, unless major changes are made to the Trade and Services Agreement – that is not true,” said Jenks.

There are three examples within the 10 pages of areas where the U.S. would have to alter current immigration law.

First, on page 4 and 5 of the agreement, roughly 40 industries are listed where potentially the U.S. visa processes would have to change to accommodate the requirements within the agreement.

Jenks explained that under the agreement, the terms don’t have an economic needs based test, which currently U.S. law requires for some types of visa applications in order to show there aren’t American workers available to fill positions.

Secondly, on page 7 of the agreement, it suggests, “The period of processing applications may not exceed 30 days.”

Jenks said this is a massive problem for the U.S. because so many visa applications take longer than 30 days.

“We will not be able to meet those requirements without essentially our government becoming a rubber stamp because it very often takes more than 30 days to process a temporary worker visa,” she said.

Jenks also spotted another issue with the application process.

“The fact that there’s a footnote in this agreement that says that face to face interviews are too burdensome … we’re supposed to be doing face to face interviews with applicants for temporary visas,” she added.

“According to the State Department Consular Officer, it’s the in person interviews that really gives the Consular Officer an opportunity to determine – is this person is a criminal, is this person a terrorist … all of those things are more easily determined when you’re sitting face to face with someone and asking those questions.”

The third issue is present on page 4 of the agreement. It only provides an “[X]” where the number of years would be filled in for the entry or temporary stay.

Jenks explained that for example, with L visas under current U.S. immigration law, the time limit is seven years – so if the agreement were to go beyond seven years, it would change current U.S. law.

This wouldn’t be unconstitutional if Obama has fast-track authority under TPA, as Congress would essentially have given him the power to finalize all aspects of the negotiations, including altering immigration law.

“I think this whole thing makes it very clear that this administration is negotiating immigration – intends to make immigration changes if they can get away with it, and I think it’s that much more critical that Congress ensure that the administration does not have the authority to negotiate immigration,” Jenks said.