[ssf] GATS/MODE 4: Key Repub. U.S. Congress says no mode 4 to USTR]

[Chris Malins]

Interesting to see that international trade rules are increasingly being 
flagged up as a challenge to established democratic prerogatives, even 
in developed countries. A clear message that GATS can infringe on 
national policy making in key areas, although at the same time further 
confirmation that the US is explicitly unwilling to consider applying 
liberal economic principles to movement of people.

Chris




Text: Sensenbrenner Letter To Allgeier

_______________________________________________

Date: March 4, 2005


March 3, 2005


The Honorable Peter F. Allgeier

Acting U.S. Trade Representative

600 17th St., N.W.

Washington, D.C. 20508


Dear Ambassador Allgeier:


It has come to my attention that a number of countries are attempting to
persuade you to delay tabling the U.S. offer on the Doha round
negotiations beyond May with the hope of securing a subsequent proposal
from the United States that contemplates the modification of the
immigration or antitrust laws of the United States. I would urge you to
reject these entreaties and also to reaffirm the commitment I received
from former U.S. Trade Representative Zoellick that this Administration
will not entertain any changes to American immigration or antitrust laws
in the context of the General Agreement on Trade in Services (GATS) or
in any other multilateral or bilateral trade agreements. We should not
give these countries any false hopes that the Administration would be
amenable at any time to agreeing to modify U.S. immigration or antitrust
law in trade agreements.


Article I, section 8, clause 4 of the Constitution gives Congress the
power to "establish an uniform Rule of Naturalization", and that the
Supreme Court has long found that this provision of the Constitution
grants Congress plenary power over immigration policy. As the Court
found in Galvan v. Press, 347 U.S. 522, 531 (1954), "that the
formulation of policies [pertaining to the entry of aliens and their
right to remain here] is entrusted exclusively to Congress has become
about as firmly imbedded in the legislative and judicial tissues of our
body politic as any aspect of our government." And, as the Court found
in Kleindienst v. Mandel, 408 U.S. 753, 766 (1972) (quoting Boutilier v.
INS, 387 U.S. 118, 123 (1967)), "[t]he Court without exception has
sustained Congress' 'plenary power to make rules for the admission of
aliens and to exclude those who possess those characteristics which
Congress has forbidden.'" Inclusion of immigration matters in free trade
agreements degrades Congress' ability to exercise its plenary power. In
addition, fast track authority takes away Congress' ability to subject
immigration proposals to the debate and amendment process so vital to
creating sound immigration law. Finally, due to the permanent nature of
these agreements, Congress is unable to subsequently modify these
provisions to adapt to changing national circumstances without placing
the United States in violation of those agreements.


I was gratified that Mr. Zoellick acceded to these principles and agreed
that any changes to American immigration or antitrust laws be considered
through the normal legislative process. I am also cognizant of the
increased consultation that your office has provided to the Committee on
all aspects of pending trade agreements within this Committee's
jurisdiction, including antitrust and intellectual property provisions
that do not alter or amend United States law. As you know, it was only
because of Ambassador Zoellick's commitment that I and many members of
the House and Senate agreed to support passage in the 108th Congress of
legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade
Agreements. I would expect you, and the next U.S. Trade Representative
once he or she is confirmed, to adhere to this agreement.
However, whenever the Administration would like to propose legislative
changes to the Immigration and Nationality Act, or United States, I
remain willing to give the proposals the most serious consideration.


Thank you for your attention to this issue. I look forward to receiving
your assurances regarding this matter.


Sincerely,


F. James Sensenbrenner, Jr.

Chairman








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