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HomeMy WebLinkAbout1998-02-23 98-122 RESOLVECODNCD.ACTION Item No. 98-122 Date: 2-23-97 item/Subjah Supporting Charges to Section 110 of the Mega] Immigration Ar Necessary to ]more Continued Ease ofMovervent Naos the U.S. -Canadian Border Responsible Department City Contra Commentary: The attached resolve has been drafted at the reclean of Council Cher Woodcock. In 1995, the U.S. Coupes passed the Moats] LmNstration Refona and bmnigmm Responsibility Act. Section 110 of this law directs the creation of separate system to document the entry and mitt of all aliens to and Dom the United States. Under seek a procedure, when a vehicle arrives m the border, the U.S. Immigration Officer will be requited to record the more, address, and citizenship of the driver and all passengae. This will have to take plea both on entry and exit thorn the county. Such a procedure may lave a sigrificam Impact on Mau WCavada border traffic,trade between these countries, and our economy. The attached resolve would support on-going effort a the national leve to esempt Canadians from the requirement of entry and exit documentation The attached letter from the Canadian Comsel General to New England provides further background. Department nam Manager's Commenter I recommend your mpporl lul wt City Manages Associated Information: Resolve, letter Finance Director Legal Approval: ��.'���/[��7/ City sotieitor "p Introduced for ,)-passage ­Fbst Reading Page_ of __Referral 98-122 Assigned to Councilor Rohman February 23, 1998 _ CITY OF BANGOR (TITLE) P0111tre, ... _...... "F.C° .&Che,�mmSeetiou 110,ofthe mewllmmi afioo_,,. Act Necessary W insure Continued Ease of Movemeat Across the U.S.- Canadian Border By tale Calx Conseil of the aty oflmnaor: RESOLVED, WHEREAS, Somms 110 of the Mega) hnmi®adon Am adop[d by ="a in 19% regumw the Abumny Gmeal w LrJaa ea a syal® w rnwd theeooy w exit of. -all alum" anteing and deparing theUuudl States; sad WHEREAS, the Act would apply w au Cavdfi a curably aR of wbom ere curtw0y subject obly w smvmary inspection upon entry w the Uatd Stares;w .WHEREAS, the Chairmen afthe Senate and House judiciary Committees have stared that the Act was not wtendd w apply w Cmmdieb cinaens; and WHEREAS, the immediate e6tia a my systso be implement the Am will be m cause severe rungapons, bmwups And delay that will virtually sbut down the United Stass/Camda bmdon at all Jon mosswg fu bath euw and buck traffic m both duxdms; and WHEREAS. the Uuw Stat%Xanadethe largest w the waded, even exmeding US bade wi W dre mtlre European uwm; am WHEREAS, timing the United Sca secamda harder wu1 base umerliaw and ready impacm w the auwmonw, octal working, machinery w elecbuaics, Pulp and paper, agncuRme, tumism, rxreadov, fir W y. and vbdavg uWwbiea m bmh wuotries: w Wf@REAS, every US Stave parUai edes in Uwtd Smus/Cmada tMe, end Sow oa an the Canedian bonder acenum far approxunawy 90%ofthaited StatNCmada trade; and WHEREAS, the effortoftbe AN w dm* contrary to the Sontw lacer athe "Awad on our Shard Borde2'WE® by Pmaident CRntmwPrime Mivismr Chmtieam Febnmy,1995: NOW, TFPRRFORE, BE IT RESOLVED BY'THR CITY COUNCB.OP TfAE CITY OF BANGOR, THAT rube by mgt Covgresswaacrand lkwidmt CEn4nwsian 4guletiovmatahtirel ameodmmtthmwJl exwpt Camdi®citizens Gm Sa:tiov 110 ofdw Hegel hnmigdm Actof 1996. Pmsedwapprovdtbuthe23WdayofPebmmy,1996 IN CITY COUNCIL Pebraury 23, 1990 Notion to Amend by Substitution Passed Passed As Amended by substitution CI CLEM 98-122 8 E S 0 L V E $occurring Changes to Section 110 of the Illegal Immigration Act Necessary to Insure Continued Ease of Novemant Acrossthe U.S. - Canadian Border K a SUBSTITUTE COPY 98-122 CITY OF BANGOR Supporting Changes to Section 110 of the Illegal Immigration (TITLE,) �¢6111b¢�Sup ........................._..._......._.._..._......._..._.._...._..................................._..._.._. Act Necessary to Insure Continued Ease of Movement Across the U.S. - Canadian Border By the qty Comwil of Ne glir ofIsmagm; RESOLVED. tvaLl BAs, the State Of WOO an, Canada have strong economic and colonel des and enjoy the most erotical of relations; and WE®tEAS, it is in the best interests of the State of Maine and Canada to promote the free flow of commerce and travel between Wem; aM vORREAS, Gpvemm Angus King who State of the Slide address has meognizei that Mehra lies la the cmb, of Quebec and the Marhime pmvvsea and Dat the State of Maine should take steps to improve highway navel between Canada and the State of Stake; and ndIVgY AS, Section 110 of the Illegal Mmig aeon Act adopted by congress m 1996 requires the Adwney General to implement a system to record the entry and eat of 'all alianY' entering and depatling the United States; and NfI EREAS, the Act would apply to all Canadians, virtually all of wbom are curmutly subject only to summary inspection upon miry to the United States; and WH©tEAS, the Chairmen ofobe Senate and House]udiciary Committees have sled that the Act was not intended to apply to Canadian exciters; and IMIEREAS, the immediate effect of any system to implement the Act will be to cause severe congestions, backups and delay that will virtually shut down [be United SttateslCanada border at all Jor erosaings for both pato and rack traffic in bush directions; and WEBiSE.AS, ole United StatcNUmcxda node relationship is the larger in the world eveo exceeding US trade with the entire European Union; said vdRSEAS, closing the United SnteslCarada border will have immediate and costly impacts on the automotive, asset working, machinery and electrowcs, pulp endpaper, agric lure, tourism, concession,fishery, and trucking industries in both countries; and vCDOSLAS, every US Stale participates fit United States Cmada bustle, and States not on the Canadian border second for approximately 70%ofUnited States/Canada trade; and wHEKEAS, the effect ofWe Act is direnly conVary to Use spirit and ibler of the "Accused on on Shared Border" signed by Resident Clinin and Peine Minister Cbretim in Felicity, 1993: NOW, THEREFORE, BE ff RESOLVED By== MO MOF ME OF BANGOR THAT we hereby Congress to enact and Presided CHaton to sign WgislaNw or a tecMvxl vo tsnttlsot"I exempt Oawdi® citiawe from Se 110 ofthewegsdI igmtwn Act of 19%. Passim and approved tura the 23rd dey ofFeMu ,1998 98-122 assumbian enunciate (SexsrwL �ana�dal Q3snervl3n armada February 3# 1998 Mayor Timothy C. Woodcock City of Bangor 73 Harlow Street Bangor, MH 04401 Dear Mayor Woodcock, Thank you for taking the time to meet last week with a member Of my staff and to learn more about Canada's concerns regarding Section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act. I firmly believe that the law in detrimental to the long history of clone economic and trade relations between the State of Maine and Canada. Given your generous offer to introduce before the Bangor City Can elle resolution am very pleased to forthe that restorationware in the status guo w agreement. please allow me to brief you regarding the history and current statue Of Section 110. per your request, I have enclosed several examples bodies ement resolutions passed asguide- Aa se gde other government and non - Aa I have already stated, in 1996 the U.S. Congress passed a new legislative package on immigration called the Illegal Immigration Reform and Immigrant Responsibility Act. Section 110 of this new U.S. immigration law directs the Attorney General - in practice, the Immigration document the entry Naturalization service ofall e i ` systemtaliens by September 30, 1998. e end exit This is not a visa requirement. Rather, it is a separate system to document all non-U.S, citizens who are entering or exiting the the United States. Thus, when a vehicle arrives at the border, immigration officer will have to record the name, address and citizenship thee driver aU S. wouldalso all ha a to he documented. every If this procedure is implemented, it will hcause e much -heralded major cded stion at high volume border crossings, bringing ° largest trading relationship" to a virtual standstill. Each and every day, over oflbillion Of which Maine a share issapproximatelyad services rosses $2 billion northern border, per year. Major border crossings at Calais and Madawaska, for 98-122 example, would be immediately and severely gridlocked Congress originally intended to force the administration to better monitor the overstay of nationals from countries that benefit from the 1986 D.S. visa Waiver program by collecting an individual's personal data at U.S. pointe of entry and exit. The United States has a long practice of not requiring the majority of Canadian citizens to fill out formal documentation when entering or exiting the United States. Therefore, Canada was rot targeted by the 1906 program nor its recent corrective countermeasure of Section 110. The use of the word "alien" in the legislation, however, captures all non -U.S. citizens, including Canadians and even U.S. permanent residents. In December of 1996, the Canadian Rmhassador to the United States, Raymond Chrfitien, raised the issue in a letter to the Chairs of both the House and Senate Immigration Subcommittees- Both acknowledged Camda'e concern and stated that it was not their intention to impose new border crossing requirements on Canadians. INS, however, taking a strictly legalistic approach, indicated that they could not accept this interpretation without Congressional direction. Senator Spencer Abraham of Michigan, Chair of the Senate Immigration subcommittee, convened formal hearings in Washington and field hearings in Detroit to address many of the problems of the immigration reform bill. In addition, he introduced an amendment, co-sponsored by Maine Senators Susan Collins and Olympia Snows, chat would limit Section iio•s application to third country nationals at airports. A companion bill was introduced into the Nouse by New York Congressmen John Lepalce. Essentially, both bills have the effact of not applying the provisions of Section 110 to land borders for all visitors, to Canadians entering by any mode of transportation (air, land oodr sea) or to U.S. permanent residents entering by any o transportation. The proposal has yet to be acted upon by the Senate. In the House of Representatives, Congressmen Gerald Solomon of New York, in conjunction with Congressmen Lamar Smithof ed as, Chairman of the House Immigration subcommittee, amendment to Section 110 on November 10, 1997. The Solomon Bill, which was passed by the Nouse just before it adjourned for its holiday recess, would extend the land border deadline to September 1999 and stipulates that Section 110 would only implemented if it did not significantly disrupt trade, a legitimate croer ss -border traffic. The Solomon Bill was not considered by the Senate before Congress recessed and therefore is not yet law. The Solomon bill is substantially different than the one proposed by auto, the Solomon billher lapalce or only defersrahamthe restoreher than the decisionfor a year, itsdoe does 98-122 not define what "significant disruption" would constitute, nor does it specify if such exemptions would be border -wide or applied only at those border points where significant disruption is experienced. The issue and the two different approaches reflected in the bills will be addressed in the current Coagrsssional session. For our part, we are continuing to spread the word o£ friendly the micersc ties of section 110. Because of the long history Y econo that exist between Canada and New England, we have been fortunate to find many local decision -makers who agree with the Canadian position and understand the mutual interest. Ia particular, we are very pleased to have the support of Maine's Congressional delegation, aoveraor Ring, and various state officials, all of whom have been enormously helpful in our desire to see restoration of the status quo acre. Needless to say, we look forward to your support as well. If you have additional questions or comments regarding section 110 or any other matter, please do not hesitate to contact me or any member of my _,gaff. CI C. to New