[Congressional Record Volume 142, Number 137 (Saturday, September 28, 1996)]
[Senate]
[Pages S11711-S11713]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
IMMIGRATION REFORM
Mr. SIMPSON. Mr. President, let me just relate a bit about the
immigration legislation which is now on its way to us in the continuing
resolution. After negotiations until about 2 a.m. two nights ago and
then until this morning until 4:30 a.m., if I look bright and alert it
is deceptive in every sense. One of my staff, John Knepper, a fine
young man, spent all night here and all morning. We finally turned him
back to his home in a zombie-like condition and thank him so much for
his splendid work last night and this morning.
In the course of dealing with this huge bill, a very significant bill
with regard to illegal immigration, we all were confronted with the
reality that the purpose of leaders is to lead. Our leaders wanted to
complete this session and do it this weekend. To do that, there were
accommodations of varying degrees, obviously. Some disappointments,
some victories, some defeats. We all know that feeling as we wind down
a legislative year. It is the time when much can happen, and if one is
not observing carefully, things are slid into a bill and things are
slid out of a bill. We all, then, go home and say, ``Wait, what
happened here?'' Or, ``Well, we got that in.'' That is the way
legislating is, too.
I thought that the leadership, in pressing forward to meet the
schedule that they set for themselves and the bipartisan way in which
it was done, our majority leader, Trent Lott and minority leader, Tom
Daschle, Newt Gingrich, the Speaker of the House, our assistant leader
here, Don Nickles, Senator Ford, all worked together to make it work. I
saw that over the course of days.
The other evening when we went until 2 a.m. there was a group of four
of us, including Congressman Lamar Smith. I must pay him tribute: A
remarkable man, steady, and thoughtful. I have never seen him get too
impatient, never seen him really rise up like your loyal correspondent
does from time to time. He was steady on the course throughout.
The rest of that quartet were Senator Kennedy and Congressman Howard
Berman and myself. We worked up some changes to what is called title V.
There are no changes in the conference report on immigration, on
illegal immigration, except in that one section. Everything else is
exactly the same, and it is sweeping. It is about new Border Patrol
agents, 5,000. It is about new penalties for those who use or alter or
make fraudulent documents. It extends the visa waiver pilot program,
and it provides 900 new investigators over 3 years to enforce alien
smuggling and employer sanctions. Alien smuggling can subject one to a
life in prison. There are heavy penalties to those who misuse and abuse
documents, and 300 INS investigators will be hired here to check on
those who overstay their visas. Remember that half of the people who
come to the United States illegally originally were here legally. In
other words, half of the illegal population in the United States came
here legally, and then, of course, visa overstayers, visa fraud,
student overstayers--we have the ability now to begin to correct that.
There is a newly rewritten and streamlined removal process, combining
exclusion and deportation into a single legal process. We also got rid
of layers of people who love to bring class actions and disrupt the
normal course of the INS's work. We make the sponsors' affidavit of
support, finally, a legally enforceable document which should provide
some relief to the U.S. taxpayer.
There is a minimum INS presence in every State. There is a system of
expedited removal which should curb the abuse of our asylum system
while still providing a hearing for an immigration judge to those who
make an asylum claim.
I want to thank Senator Leahy for his work. I did not thank him at
the time the amendment passed properly, but, nevertheless, a good deal
of his material is in here. He felt strongly about that and he
presented it well and won the case here. We adjusted that measure
somewhat but it is still a good measure--not exactly what he would have
wanted and not exactly what I would have wanted, and therefore,
justifiably good.
There is a streamlined system for deporting aliens convicted of
crimes. There is a requirement that all criminal aliens be detained
until they are deported. Domestic violence and stalking are made
deportable offenses. There is a provision to eliminate what is called
``parachute kids,'' foreign students who come in and then attend public
schools at taxpayer expense. I commend Senator Feinstein for her work
on that one. There is a pilot program for verification of eligibility
to work, and there will be much more of that in the future because no
matter how vigorous you want to be on illegal immigration and all the
abuses of the system, nothing will work until we have a more
counterfeit-resistant type of verification system--whatever that may
be, whether it would eventually be a Social Security card, a slide-
through card like you use with a VISA when you make a purchase, perhaps
some type of driver's license photograph, retina examination like they
have done in California. But at some point in time you are going to
have to have a more secure identifier. It is going to have to be used
only twice in a person's life. It is used at the time of new-hire
employment, at the time of work, and at the time of drawing any
benefits from any public assistance program. That is when it would be
used. Of course, it would have to be presented by not just people who
``look foreign'', but by, as I have said a thousand times, by bald
Anglos like me, too. That is what will come.
It is interesting to me that, still, you hear the cry of the
editorial writers talking about the ``slippery slope'' and ID cards,
national ID cards, or tattoos, or Nazi Germany. I heard all that in 18
years. But I haven't seen anybody write anything yet about the fact
that when you go to get on an airplane, somebody at the curb, who is
not connected with any agency, except the airline, is asking you for a
picture ID I am waiting for the first editorial on that. I am sure it
will be a magnificent thing, about the slippery slope.
What it is about is safety, and what it is about here in immigration
is the abuse of the system. The sooner we get on with it and forget the
blather about a national ID--which nobody ever proposed and never has
been part of any bill I have been involved with--get on with it,
unless, of course, somebody can tell me what we should do with the
gentlemen at the curb who asks you for a picture ID.
[[Page S11712]]
So we also have in this bill a nationwide fingerprinting of
apprehended illegals within the IDEN system. We have confidentiality
provisions for battered women and children so that there cannot be
someone holding someone in almost a hostage situation because of their
status as illegals. People say, well, when these people come and they
are illegal, we must care for them and be humane. I say, you bet. How
do you do that when they are here illegally? When they are illegal,
they are going to be exploited. There is protection for battered women
and children in the welfare provisions. We have increased staffing at
ports of entry. We have criminal penalties for high-speed flights and
border checkpoints, which often lead to great safety difficulties for
the enforcement officials. We have subpoena authority for employer
sanctions investigations.
We have the AG's authority for use of State or local law enforcement
officers--something that would never have been suggested years ago.
There is also a provision for a fence, a 12 or 14-mile fence along the
southern border of the United States. That is in here. There are a lot
of things in here. I hope I get that in perspective. We have waived
some of the serious environmental obstructions on the construction of
that fence, and that is in the bill. That had leverage on that.
People say, ``How could you do this and waive the Endangered Species
Act,'' and so on. The reason we did that is because we need to get the
fence built. The last time we built a fence in that area, there was
something called the ``California gnat catcher,'' or something, that
held it up for many, many months until they found that the gnat catcher
really would fly over a fence to mate. I thought that was good that
they determined, since it had wings, it probably would fly over a fence
to mate. And so that is the kind of thing we will have abrogated under
this bill.
It doesn't mean that we are dissembling the environmental laws. In
fact, it was the work of Senator Feinstein and Senator Kyl that gave
rise to the need for the fence. If you have ever been to the border
near Tijuana, from the sea to the Tijuana Airport, you really want to
see that some day. I also commend the Border Patrol and the INS for
their work. So those are some of the things that are in the bill, and
many more. I could go on, but I shan't.
I want to thank Lamar Smith. I thank Senator Kennedy. He never votes
with me, but I want to thank him anyway. He and I have worked together
on immigration for 18 years. He has been the chairman, or I have been
the chairman. There have been some remarkable negotiations and
discussions, but through it all has been his staff person, Michael
Myers, and there has been Jerry Tinker, a marvelous man, who is gone
from us now, but was a great help to my person. My friend Dick Day, who
served me as chief counsel and staff director in all of my immigration
activities, there could not be a truer friend, a more loyal man than
Dick Day. He worked so closely with Jerry Tinker, another wonderfully
loyal and delightful man, and with Michael Myers and Senator Kennedy.
We have had a good run. It has been a great pleasure. Congressman
Berman was with us the other evening until 2 in the morning, another
spirited and remarkable man I have come to enjoy greatly. I thank Orrin
Hatch for his steady, powerful work with regard to things that create
passion in him. He is a man of passion and such a bright and thoughtful
legislator. He was steady at the helm through all of this, with regard
to the negotiations in conference. And to John Kyl, who is a newer
member of the subcommittee which I chaired, a wonderfully perceptive,
thoughtful, precise individual, who, when he sees something, he knows
what result he wants to obtain. He will get that.
Another member of the subcommittee is Dianne Feinstein. Senator
Feinstein is a remarkable woman. It has been a great pleasure to work
with her on illegal and legal immigration matters, and to see her learn
the issues. The issues of immigration are emotion, fear, guilt, and
racism. The only way to do it is to wipe those people away who talk
like that and move on into the issue as it really is. Brush away
emotion, fear, guilt, and racism. She has done that, and she is good.
Next year, either she or Senator Kyl will be the chairman of the
subcommittee. If I may make a partisan statement, I hope it will be
Senator Kyl because he would be, of course, the Republican majority
member. If not, then Senator Feinstein will be the Chair. But either
way, America will gain from these two people. They work together very
well. They worked on the fence issue, on other issues in conference,
and they have a duality of interest and regard and trust for each
other. You can't do this work without an element of trust.
So as I then finish the remarks about what is still in this bill--and
I have given you that--let me tell you what was taken from title V.
Remember, there were no changes in any other title of this bill. But in
title V, through the negotiations of these last long nights, and rosy-
fingered dawn, here is what has been lost from title V.
Under the administration's threat of shutting down the Federal
Government unless Congress make changes in the immigration bill--and
that was, in essence, a threat--that it pass both Houses by huge
majorities, we lost some very important parts of the conference report.
Principally, we lost the provision that would have ensured that persons
who bring their immigrant relatives would have sufficient resources or
income to provide them support, if needed. This was called the 140- or
200-percent requirement of poverty; 140-percent of poverty level and
200-percent requirement of poverty level. That was to reduce the number
of those immigrant relatives who themselves would qualify for welfare,
where you have a situation where a person bringing in an immigrant
member of their family may not have enough resources to escape the
poverty level themselves.
So it seems absurd to lower it as it now has come down to 125 percent
of poverty where a person near poverty gets to bring in another person
near poverty, and then that person who comes in under the new law being
a public charge and being responsible for that person, then you are
going to have a serious problem. But that will come to pass, and that
will be corrected within years to come.
But even under the 140-percent standard, many immigrants would
immediately qualify for many welfare programs. But even this modest
standard was too much for the President. And he can answer for that in
the campaign and in the future.
We lost a provision that would have defined the term ``public
charge.'' And without such a definition we really cannot deport even
those recent immigrants who have become completely dependent upon
taxpayer-funded welfare. The only bright spot there is that under the
welfare bill you can't receive welfare for a 4- or 5-year period, and
there are certain conditions there.
The White House also insisted on the removal of the provision
prohibiting illegal aliens from earning Social Security credits while
working illegally in the United States. That is a rather remarkable bit
of information, and that is what the President insisted upon. We had it
in there to prohibit illegal aliens from earning Social Security
credits while working illegally in the United States.
The White House even rejected the provision which would have required
a fair distribution of refugee assistance. This was one of the
principal activities of Senator Feinstein. This is what she had in
mind, and she was very right. And I tried to stick with her through all
of the negotiations, because under current law the distribution of
refugee assistance is highly erratic and inequitable. California
counties receive $37 per refugee while counties in certain other States
receive almost $500 per refugee.
We shall let the President explain that to the people of California,
which I am sure he will.
Finally, we lost provisions that would have prevented illegal aliens
from receiving treatment for AIDS.
I hope you hear that. This is not about homophobia. It is not about
anything. It is about a remarkable provision that means that, if an
illegal alien is receiving treatment for AIDS, they will continue to
receive that treatment which can amount to about $119,000 per year. We
have provisions in the law that illegals receive assistance for certain
illnesses and ailments--tuberculosis. Obviously, that is in our vital
interest. But never have we done this,
[[Page S11713]]
which is an extraordinary departure. And we shall let the President
explain that, how we provide taxpayers' money to illegal aliens for
treatment--not testing--treatment for AIDS.
I worked diligently to remove that. It is not removed. And the
President will explain that, and I know he will.
But what remains in title V is of interest, too, because here is what
we salvaged from that section of that title. States may deny driver's
licenses to illegal aliens under title programs; very good provision.
Social Security benefits may no longer be paid to illegal aliens in
the United States, even though I read you the other portion. That is
different. They may no longer be paid.
For the first time all applicants for Federal public assistance must
provide proof of citizenship, or legal residence. That is in title V.
Illegal aliens will no longer be eligible for reduced in-State
college tuition. It is in there. The GAO will study the use of Pell
grants and federally funded student aid of college students who are
illegal, or nonresident aliens. That is in there.
Every person seeking to bring their relatives here as immigrants must
sign a legally enforceable affidavit promising to provide financial
support, if required. That is in there; very important provision.
All persons who bring their relatives here as immigrants must have an
income of at least 125 percent of the poverty level. I very much wish
it could have been more. I think that is going to cause real problems
in the future.
States will now be authorized to limit aliens' access to cash
assistance programs.
Federal funds will be authorized for full reimbursement to States for
the cost of emergency medical and ambulance services to illegal aliens.
That is a very important provision; bipartisan in every way.
We restrict the availability of public housing to illegal aliens,
finally. It is not what we wanted. But it is a start. Senator Harry
Reid worked on that for years. Many of us have worked on that for many
years. There were changes. But it is still in there. Then we require
verification of eligibility of citizenship for lawful alien status in
order to obtain public housing.
So those are things that still are retained in title V. And you will
recall that the White House was insisting that title V be repealed. It
was not repealed.
There were good things in it that were taken out. I reviewed those.
Good things in it were left in. And I reviewed those.
I ask unanimous consent that a statement of legislative history on
Division C be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Division C: Statement of Legislative History
Division C shall be considered as the enactment of the
Conference Report (Rept. 104-828) on H.R. 2202, the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996,
with certain modifications to Title V of the Conference
Report.
The legislative history of Division C shall be considered
to include the Joint Explanatory Statement of the Committee
of Conference in Report 104-828, as well as the reports of
the Committees on the Judiciary, Agricultue, and Economic and
Educational Opportunities of the House of Representatives on
H.R. 2202 (Rept. 104-469, Parts I, II, and III), and the
report of the Committee on the Judiciary of the Senate on S.
1664 (Rept. 104-249).
The following records the disposition in Division C of the
provisions in Title V of the Conference Report. (The
remaining Titles of the Conference Report have not been
modified.) Technical and conforming amendments are not noted.
Section 500: Strike.
Section 501: Modify to amend section 431 of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996 (Public Law 104-193) to insert the provisions in section
501(c)(2) of the Conference Report relating to an exception
to ineligibility for benefits for certain battered aliens.
Strike all other provisions of section 501.
Section 502. Modify to authorize States to establish pilot
programs, pursuant to regulations promulgated by the Attorney
General. Under the pilot programs, States may deny drivers'
licenses to illegal aliens and otherwise determine the
viability, advisability, and cost effectiveness of denying
driver's licenses to aliens unlawfully in the United States.
Section 503. Strike.
Section 504. Redesignate as section 503 and modify to
include only amendments to section 202 of the Social Security
Act, and new effective date. Strike all other provisions.
Section 505. Redesignate as section 504 and modify to amend
section 432(a) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 to provide that the
Attorney General shall establish a procedure for persons
applying for public benefits to provide proof of citizenship.
Strike all other provisions.
Section 506. Strike.
Section 507. Redesignate as section 505.
Section 508. Redesignate as section 506 and modify. Strike
subsection (a) and modify requirements in subsection (b)
regarding Report of the Comptroller General.
Section 509. Redesignate as section 507.
Section 510. Redesignate as section 508. Modify subsection
(a) and redesignate as an amendment to section 432 of the
Personal Responsibility and Work Opportunity Reconciliation
Act of 1996. Strike subsection (b).
Section 511. Redesignate as section 509. Modify to change
references to ``eligible aliens'' to ``qualified aliens'' and
make other changes in terminology.
Section 531. No change.
Section 532. Strike.
Section 551. Modify to reduce sponsor income requirement to
125 percent of poverty level. Strike subsection (e) of
Immigration and Nationality Act (INA) section 213A as added
by this section. Make other chanes to conform INA section
213A as added by this section to similar provision enacted in
the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996. Strike subsection (c).
Section 552. Modify to amend section 421 of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996 to include the provisions in section 552(d)(1) and
552(f). Strike all other provisions.
Section 553. Strike.
Section 554. Redesignate as section 553.
Section 561. No change.
Section 562. Strike.
Section 563. Redesignate as section 562.
Section 564. Redesignate as section 563.
Section 565. Redesignate as section 564.
Section 566. Redesignate as section 565 and modify to
strike (4).
Sections 571 through 576. Strike and insert sections 221
through 227 of the Senate amendment to H.R. 2202, as
modified.
Section 591. No change.
Section 592. Strike.
Section 593. Redesignate as section 592.
Section 594. Redesignate as section 593.
Section 595. Redesignate as section 594.
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