[Congressional Record Volume 151, Number 62 (Thursday, May 12, 2005)]
[Senate]
[Pages S5169-S5171]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCAIN (for himself, Mr. Kennedy, Mr. Brownback, Mr. 
        Lieberman, Mr. Graham, and Mr. Salazar):
  S. 1033. A bill to improve border security and immigration; to the 
Committee on the Judiciary.
  Mr. McCAIN. Mr. President, after more than 5 months of work, I am 
pleased to be joined by Senators Kennedy, Brownback, Lieberman, Graham, 
and Salazar in introducing the Secure America and Orderly Immigration 
Act. This bipartisan, comprehensive immigration reform legislation is 
designed to fix our Nation's broken immigration system. This landmark 
legislation would bring common sense to the current system and promote 
our national security interests. I am equally pleased by the effort of 
Congressmen Kolbe, Flake, and Gutierrez who are introducing the House 
companion bill.
  While in previous years we worked independently on immigration reform 
legislation, we are coming together today to introduce what we believe 
is groundbreaking, comprehensive legislation. Over a year ago, the 
President laid out a framework for what comprehensive immigration 
reform should look like. We have used the President's framework to 
craft this package and I applaud the President for his leadership on 
this issue.
  The simple fact is that America's immigration system is broken. 
Recent vigilante activities along the southwestern border have shown 
that the current situation is not sustainable. Americans are frustrated 
with our lack of border security and our inability to control illegal 
immigration. We have spent billions of dollars on border enforcement. 
We have sent more, but still not enough, Federal agents to the border 
equipped with sophisticated technology. We have worked to harden the 
border in key places. And yet, illegal immigration continues.
  I would like to mention some startling statistics that demonstrate 
the critical need for immigration reform. I think the numbers speak for 
themselves: Over 300 people died last year trying to cross the border; 
about 200 of those deaths occurred in Arizona's desert. Last year 1.1 
million illegal immigrants were caught by the Border Patrol in 2004. 
Fifty-one percent of those were caught in Arizona. The Border Patrol is 
currently apprehending over 1,000 undocumented immigrants a day in 
Arizona. According to the FBI, an increasing number of these 
individuals are OTMs, Other Than Mexicans, from ``countries of 
interest.''
  Homeland security is our Nation's number one priority, and this 
legislation includes numerous provisions that together will make our 
nation more secure. This bill includes provisions to strengthen border 
security, both on our side of the border and throughout this 
hemisphere. Through the establishment of a new electronic employment 
verification system, the bill will create a more secure mechanism to 
better enforce our nation's immigration laws within our borders. 
Additionally, the bill enhances the authority of the Department of 
Labor and the Department of Homeland Security to conduct random audits 
to ensure that employers are holding up their end of the bargain. And 
if they aren't, they face double fines.
  Make no mistake, this is not an amnesty bill. We are not here to 
reward law-breakers, and any accusations to the contrary are patently 
untrue. This bill recognizes the problems inherent in the current 
system and provides a logical and effective means to address these 
problems. The reality is, there are an estimated million undocumented 
people living and working in this country. It would be impossible to 
identify and round up all 10 to 11 million of the current undocumented, 
and if we did, it would ground our Nation's economy to a halt. These 
millions of people are working. Aliens will not come forward to simply 
``report and deport.'' We have a national interest in identifying these 
individuals, incentivizing them to come forward out of the shadows, go 
through security background checks, pay back taxes, pay penalties for 
breaking the law, learn to speak English, and regularize their status. 
Anyone who thinks this goal can be achieved without providing an 
eventual path to a permanent legal status is not serious about solving 
this problem.
  Part of the failure of the existing system is its inability to 
provide sufficient legal channels to pair willing workers with willing 
employers. This bill establishes a new market-based temporary worker 
program so that when there is no U.S. worker to fill a job, employers 
will be able to hire willing and able foreign workers who have gone 
through security background checks, medical exams, and paid a fee for 
their visa. And, by doing away with outdated numerical caps on this 
program, this bill recognizes that the needs of the U.S. economy are 
constantly in flux, and our immigration system must match those needs.
  I don't believe there is another issue that is more important to our 
Nation than immigration reform. For far too long, our Nation's broken 
immigration laws have gone unreformed, leaving Americans vulnerable. We 
can no longer afford to delay reform.
  The complex and difficult problems associated with immigration reform 
will not be solved overnight, but they are among the most difficult 
challenges facing our Nation today. That is why it is so important that 
the President shares our commitment to comprehensive reform. Together 
with the President, I am committed to this process and remain very 
hopeful that we will succeed.
  I want to especially express my appreciation to Senator Kennedy and 
his staff for their sincere commitment to this critical issue. Also, 
the contributions to the bill as recommended by Senator Brownback have 
been invaluable to this effort. I would also like to thank Senator 
Lugar, who allowed us to incorporate critical international border 
enforcement provisions from his legislation, the North American 
Cooperative Security Act.
  Through the collective efforts of a wide range of bipartisan 
interests in both Houses of Congress, not to mention immigration 
advocacy groups, representatives of our Nation's businesses, and 
several labor unions, this comprehensive legislation provides a 
meaningful direction for how our immigration system should be reformed, 
and our border security strengthened.
  I look forward to working with all interested parties in the 
important and necessary effort to once and for all reform our broken 
immigration system.
  Mr. KENNEDY. Mr. President, it's an honor to join Senator McCain and 
Congressmen Gutierrez, Kolbe, and Flake in introducing our bipartisan 
legislation to reform the Nation's immigration laws. The status quo is 
unacceptable, and legislation is urgently needed to deal with all the 
inadequacies in our current law, to end the suffering of long-separated 
families imposed by the broken system, and to do so in a way that 
reflects current realities.
  We must modernize our broken immigration system to meet the 
challenges of the 21st century. And we need policies that continue to 
reflect our best values as a nation--fairness, equal opportunity, and 
respect for the rule of law.
  One of the mistakes of the past is to assume that we can control 
illegal immigration on our own. A realistic immigration policy must be 
a two-way street. Under our plan, America will do its part, but we 
expect Mexico and other nations to do their part, too, to replace an 
illegal immigration flow with regulated, legal immigration.
  Our bill will make our immigration policies more realistic and 
enforceable,

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restore legality as the prevailing norm, and make it easier for 
immigrants to cooperate with local authorities. It will protect the 
labor rights of all workers, and create an even playing field for 
employers. It will strengthen our economy, restore control of our 
borders, and improve national security.
  Much of the Nation's economy today depends on the hard work and the 
many contributions of immigrants. Many industries depend heavily on 
immigrant labor. These men and women enrich our Nation and improve the 
quality of our lives. Yet, millions of today's immigrant workers are 
not here legally. They and their families live shadow lives in constant 
fear of deportation, and easy targets for abuse and exploitation by 
unscrupulous employers and criminals as well. Many risk great danger, 
and even death, to cross our borders.
  Our bill offers practical solutions to deal with these basic 
problems. It contains an earned legalization program for immigrants who 
have been working in the United States for at least 6 years, a way to 
reduce the enormous backlog of petitions to unify immigrant families, 
and a revised temporary worker program. The bill also contains strict 
border security and enforcement provisions, and measures to ensure that 
other countries do their part by requiring them to help control the 
flow of their citizens to jobs in the United States.
  We feel the bill is a realistic and practical solution to the complex 
immigration challenges facing the Nation for so long, and we've worked 
closely with as many interested groups as possible to make it fair to 
all.
  Despite our compromises and bipartisan solutions, there are some who 
oppose these reforms. They misleadingly categorize our efforts as 
``immigrant amnesty.'' They refuse to accept that these reforms simply 
create a legalization program for U.S. workers who have already been 
residing and working in the U.S. It is not a guarantee of citizenship, 
but an opportunity to continue working hard, start playing by the 
rules, and earn permanent residency.
  And by bringing immigrants out of the shadows so they can earn a fair 
day's pay for a fair day's work, we are protecting American workers' 
rights and wages, too.
  The legal status must be earned by proving past work contributions, 
making a substantial future work commitment, and paying of $2,000 in 
penalties.
  First, workers will receive temporary resident status, based on their 
past work contributions. To earn permanent residence, they must work 6 
more years. Otherwise, they will be dropped from the program and 
required to leave the country.
  It's not an amnesty for them, because they have to earn it. We offer 
a fair deal: if they are willing to work hard for us openly, then we're 
willing to do something fair for them. It is the only realistic 
solution.
  If there's any amnesty involved, it's what they have today--an 
acquiescence in their presence, because countless businesses could not 
function without them since no American workers can be found to fill 
their jobs. To be eligible for legal status, applicants must have no 
criminal or national security problems. All will be required to undergo 
rigorous security clearances. Their names will be checked against the 
government's criminal and terrorist databases, and the applicant's 
fingerprints will be sent to the FBI for a thorough background check.
  It's long past time to put the underground economy above ground, and 
recognize the reality of immigrants in our workforce. It's the only way 
to achieve effective enforcement rules to protect and strengthen our 
labor system, and to stabilize our workforce for employers.
  Our bill allows long-term, tax-paying immigrant workers to apply for 
earned adjustment of status. Studies show that there are now millions 
of illegal immigrants working in the U.S., and it would be 
irresponsible to continue to ignore this hidden past of our economic 
landscape.
  Our bill is also about fairness. It ensures that the rights of all 
workers are protected--that the rights to organize, to change jobs 
between employers, and to have fair wages, fair hours, and fair working 
conditions--cannot be denied. Through this legislation, America can be 
proud again that our Nation protects the safety and rights of all our 
workers.
  Our legislation is also about protecting families. Family unity has 
always been a fundamental cornerstone of America's immigration policy. 
Yet, millions of individuals today are waiting for immigrant visas to 
join with their families.
  Our bill will allow these families to be reunited more quickly and 
humanely. It also removes and amends unnecessary obstacles in current 
law that separate families, such as the affidavit-of-support 
requirements and the rigid bars to admissibility. Our bill contains 
provisions that will expedite visas to reunite spouses and children of 
legal immigrants with their loved ones. It also provides measures to 
clear up the backlog of employment-based visas.
  In addition, this bill recognizes the need for strong border 
protection and enforcement as part of immigration reform. It directs 
the Secretary of Homeland Security to develop and implement a National 
Strategy for Border Security to coordinate the efforts of Federal, 
State, local, and tribal authorities on border management and security. 
The Strategy will identify the areas most in need of enforcement and 
propose cost-effective ways to defend the border, including better ways 
of technology, improved intelligence-sharing and coordination. It also 
includes plans to combat human smuggling.
  To further improve border enforcement, the bill improves the security 
of Mexico's southern border and assesses the needs of Central American 
governments in securing their borders. It provides a framework for 
better management, communication, coordination, and immigration control 
for all our governments, and encourages other governments to control 
alien smuggling and trafficking, prevent the use and manufacture of 
fraudulent travel documents, and share relevant information.
  The bill also encourages so-called circular migration patterns. It 
provides for unprecedented cooperation with the governments of the 
United States, Canada, Mexico, and other Central American countries on 
issues of migration. It asks foreign countries to enter into agreements 
with the U.S. to help control the flow of their citizens to jobs in the 
U.S., with emphasis on encouraging the re-integration of citizens 
returning home.
  It also encourages the U.S. government to partner with Mexico to 
promote economic opportunity back home and reduce the pressure for its 
citizens to immigrate to the U.S. It encourages partnership between the 
U.S. and Mexico on health care, so that we are not unfairly burdened by 
the cost of administering health care to Mexican nationals.
  Further, the bill mandates that immigration-related documents issued 
by DHS be biometric, machine-readable, and tamper-resistant. It creates 
an Employment Eligibility Confirmation System, so that employers can 
verify an employee's identity and employment authorization, and an 
improved system to collect entry and exit data to determine the status 
of aliens after their arrival to and departure from the U.S. It 
protects against immigration fraud by improving regulations on who may 
appear in immigration matters.
  Another important component of our bill is its State Criminal Alien 
Assistance Program, to reimburse states for the direct and indirect 
costs of incarcerating illegal aliens.
  We know that these reforms are long overdue. The illegal workers here 
today are not leaving, and new ones continue to come in. A significant 
part of the workforce in many sectors of the economy, especially 
agriculture, is undocumented. Massive deportations are unrealistic as 
policy, impractical to carry out, and unacceptable to businesses that 
rely heavily on their labor.
  Americans want and deserve realistic solutions to the very real 
immigration problems we face. They don't want open borders, and they 
don't want closed borders. They want smart borders, which mean fair and 
realistic immigration laws that can actually be enforced, immigration 
laws that protect our security, respect our ideals, and honor our 
heritage as a Nation of immigrants.
  America has been the Promised Land for generations of immigrants who

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have found haven, hope, opportunity and freedom here. Immigrants have 
always been an indispensable part of our Nation. They have contributed 
immensely to our communities, created new jobs and whole new 
industries, served in our armed forces, paid their taxes, and help make 
America the continuing land of promise it is today.
  It's obvious why the Nation's founders chose ``E Pluribus Unum''--
``out of many, one'' as America's motto two centuries ago. These words, 
chosen by Benjamin Franklin, John Adams, and Thomas Jefferson, referred 
to their ideal that tiny quarreling colonies could be transformed into 
one Nation, with one destiny. That basic ideal applies to individuals 
as well. Our diversity is our greatest strength.
  We are a Nation of immigrants, and we always will be, and our laws 
must be true to that proud heritage. Our bipartisan bill attempts to do 
that, and I look forward to working with the Administration and our 
colleagues on both sides of the aisle to enact it into law.

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