[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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