Immigration Reform

When efforts began in May 2007 to bring the negotiated immigration reform and border security legislation to the floor of the Senate, I was hopeful that an agreement could be reached to secure our nation’s borders, and provide for sound immigration policy that properly addresses illegal entry into this country and enables a legal and workable guest worker system for individuals who want to legally work in the U.S. and those who want to employ them. 

It is clear that our immigration system needs to be fixed, and it is time to fix it.  Unfortunately, the legislation brought to the floor of the Senate, while making strides in some areas, has major flaws.  Those flaws include rewarding illegal entry into the U.S. through permanent legal residency, providing this legalization prior to ensuring our nation’s borders are secure, unfairly benefiting the millions of people who have entered this country illegally through legal residency ahead of those upholding the rule of law, and failing to address the healthcare costs and tax ramifications of those legalized through the bill. 

I was optimistic leading into this debate that throughout the two weeks of debate on this legislation, the legislation could be properly adjusted through the amendment process to become more effective immigration law.  However, while some needed amendments were adopted other amendments that would have enhanced the bill unfortunately failed and still others that negatively altered the bill were also adopted.  Instead of allowing adequate time for consideration of amendments to properly shape the bill, Senate Leadership insisted on moving to cut off debate on the legislation.  I can not support the bill in its current form.  Therefore, I voted against moving this legislation forward.     

I remain committed to the enactment of sound immigration policy.  I understand the urgency expressed by many to enact a federal response to address our nation’s immigration and border security needs.  However, realizing the significant impact of legislation of this magnitude, I will continue to press for not just a temporary fix but solid solution that will secure our nation’s borders, not provide incentives for further illegal immigration through rewarding illegal entry, provide Americans with the first right to access available jobs, and enable an efficient and workable guest worker program. 

Some of my specific concerns with the legislation are explained in greater detail below.

• Permanent Legal Residency for Illegal Immigrants—No person who breaks the law and enters the U.S. without proper documentation should be rewarded in any way for illegal entry, nor should they be able to attain legal permanent residency or citizenship ahead of those who are respecting the rule of law.  Such reward for illegal entry only incentives further illegal entry.  Unfortunately, rather than creating an opportunity for those who have entered this country to participate in a provisional temporary guest worker program, the legislation would create a separate category providing permanent legal residency for the millions of individuals who have entered the country illegally.  During debate on the legislation, I supported an amendment offered by Senator Vitter that would have stricken the provision in the bill that would provide permanent legal residency for illegal immigrants.  However, this amendment failed to get the votes necessary for passage. 

• Hollow Enforcement Triggers—The legislation actually allows for legalization before the border security, employment verification and other measures, which are supposed to be put in place first, have truly been implemented. 

In fact, under this legislation an illegal immigrant currently in the U.S. can receive probationary status benefits, which include authorization to legally live and work in the U.S., travel abroad, and obtain a social security card, before the enforcement triggers are met.  The probationary benefits would not expire for the illegal immigrants in the U.S. even if the trigger provisions are never met. 

The biometric border check in and out system (U.S. VISIT) would not be fully functioning prior to the new worker or legalization programs beginning.

The legislation does not provide for higher levels of detention space and border fencing than is already required in current law.  The legislation would require the addition of detention beds bringing capacity to 31,500.  Current law requires a 43,000 bed capacity.  Current law requires 700 miles of border fencing, while this legislation calls for 370 miles of fencing. 

Preservation of the integrity of our borders is an essential cornerstone of sound immigration policy.  Without it, it is impossible to maintain a sensible guest worker programs as well as our national security.  During debate on this legislation, I supported amendments offered by Senators Vitter and Coburn to ensure that the border security triggers are met prior to implementation.  Unfortunately, the amendments narrowly failed to get the necessary votes for passage, and the flaw remains in the bill.

• Unfair to Legal Immigrants—Those who have entered the country illegally and can prove they were illegally in the U.S. prior to January 1, 2007 would be immediately eligible for legalization benefits, while foreign nationals that filed applications to come to the U.S. after May 1, 2005 must restart the application process again from their home countries.  This runs counter to a basic issue of fairness.  Illegal entry into the U.S. should not be rewarded and individuals who have chosen to break the laws should not be provided legalization benefits ahead of those going through proper legal channels.   

• Healthcare Costs—I supported an amendment offered by Senator DeMint that would have required the millions of people who have entered the country illegally who would gain legal residency through the Z Visa program provided in the bill to maintain a minimum level of health insurance coverage to remain in legal immigration status.  Unfortunately, this amendment failed by a vote of 43 to 55.  Estimates indicate that illegal immigrant healthcare costs states and counties hundreds of millions of dollars.   

• Legalization Before Background Checks—While the legislation provides for background checks for illegal immigrants applying for legalization, it also requires legal status to be granted 24 hours after an individual files an application even if the person has not yet passed all appropriate background checks. 

• Legalization Eligibility of Certain Criminals—Living and working in the U.S. is a significant privilege, and criminals should not be allowed to enter or remain in the country.  During debate on the bill, the Senate had the opportunity to better ensure that gang members, terrorists and other criminals would be barred from the U.S. through an amendment offered by Senator Cornyn.  I supported this amendment that unfortunately failed by a vote of 46 to 51. 

• Low Burden of Proof for Legalization—The legislation would provide a low burden of proof – records from day-labor centers, labor unions, and sworn declarations from acquaintances, friends and coworker – as acceptable evidence for an illegal immigrant to meet eligibility requirements for legalization.  Some who are not yet in the U.S. may find it easy to meet this low burden of proof that invites fraud and abuse, and this could spur additional illegal entry.

• Problems with the Merit-based Immigration System—It is essential to increase U.S. competitiveness by better enabling the recruitment and retention of the world’s best and brightest workers.  Unfortunately, the merit-based immigration system provided for in the legislation would not properly address the need for high skilled workers in a timely manner.  I supported an amendment offered by Senator Ensign to address some of these concerns by making much needed changes to the point structure in the merit-based system to increase the emphasis on high skilled work and education.  Unfortunately, the amendment failed to get the votes necessary for passage.

• Delayed Effect on Chain Migration—Additionally, while the legislation seeks to eliminate chain migration, it will not have full effect until 2016.  During the time before full implementation, chain migration is expected to increase. 

• Tax Loopholes—While the legislation would require the payment of back taxes at the time of application for green cards, the bill only requires proof of payment of Federal taxes, not state and local taxes, for the years the immigrant worked in the U.S. under the new Z visa created in the bill.  Therefore, individuals would not be required to pay back taxes on the years the immigrant worked in the U.S. under an illegal status.

Further, under the legislation, current illegal immigrants and new guest workers would be eligible for the Earned Income Tax Credit (EITC).  This provision in the bill is estimated to cost taxpayers up to $20 billion in the first ten years.  I supported the Sessions amendment that would make new guest workers and illegal immigrants eligible for the EITC only when they become Legal Permanent Residents.  Fortunately, this amendment passed by a vote of 56 to 41.  However, an amendment relating to this issue that I opposed also passed.  This amendment offered by Senator Reid would prohibit any change in how the EITC is given to guest workers and Z visa holders. 

 

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