Speech #960190992

Senator PERCYs amendment to legalize the affidavit of support is an action to correct the inconsistency in the existing law. Senator BAYH pointed out during previous discussion of this matter that simply changing the affidavit of support will not totally close the loophole which is necessary to stop the abuse of our public assistance programs. The Immigration and Nationality Act states that an alien likely to require public assistance will be denied admission to the United States. unless a sponsor in the United States signs an affidavit agreeing to sponsor that alien for 5 years. My wife and I have had the opportunity to provide that security to aliens. both relatives and acquaintances. wishing to enter this country on several occasions. Each time Marge and I discussed the responsibility associated with signing that document. We made plans in the event that. for some unforeseen reason. the person could not provide for himself. We always considered the signing of that affidavit to be a very serious act of citizenship. It was not until I began to read in Guy Wrights columns about the terrible abuses of this responsibility of sponsoring an immigrant that I learned of the void in our laws. My research has not only confirmed the void. but lead me to what I believe is the key to locking that loophole. The law now states that if an alien becomes a "public charge" within 5 years of entry. he or she is subject to deportation. The law does not. however. define what constitutes a public charge. Mr. President. the absence of this definition has allowed thousands of aliens to collect benefits totaling millions of dollars each year. after residing in this country for as little as 30 days. If it is the intent of Congress to stop this abuse of public funds. it is imperative that a definition of "public charge" be included in the law. I am aware that the ultimate effect of such a definition would subject aliens to deportation if they had to go on public assistance. It should go without saying that it is not my intention. or do I feel it is the intention of any Member of Congress. to call for the deportation of any alien who finds after arriving in the United States he cannot support himself. Rather. the intent is that careful consideration be given to requests for the admittance of aliens under affidavits of support. I do not believe that this is more or less harsh than the original intent of our social security and immigration laws. Consequently. hearings should be held on the issue of what is a public charge. Under the current law. there is absolutely no recourse to the flagrant disregard of the intent of the law. I also urge my colleagues to vote for amendment No. 731 to strengthen the social security and immigration and nationality laws by making the affidavit of support legally binding. A person seeking to enter this country should consider what are his responsibilitiesno only how much he can get.@