[Congressional Record Volume 157, Number 10 (Tuesday, January 25, 2011)]
[Senate]
[Page S105]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             REFORM AMERICA'S BROKEN IMMIGRATION SYSTEM ACT

  Mr. LEAHY. Mr. President, once again, at the beginning of a new 
Congress, Majority Leader Reid has signaled his intent to improve our 
Nation's immigration system with a plan to transform and modernize our 
laws to meet the needs of the country.
  I support the majority leader in this effort, as I have now for 
several Congresses. The American people recognize that our current 
immigration system is deeply flawed. It is far too easily exploited by 
unscrupulous employers and others who seek to profit from the 
vulnerabilities of those seeking work and a new life. We can and should 
put an end to the too common abuses and transform our system into an 
orderly, secure, and efficient way to strengthen our economy and 
fulfill our humanitarian traditions.
  We must also confront the situation created by the millions of 
undocumented people who are living and working in the shadows in the 
United States--the vast majority of whom are otherwise following our 
laws and making positive contributions to our economy. We can all agree 
that we have arrived at a point that is not sustainable, and we must 
face up to it with a solution that is achievable. As both President 
Bush and President Obama, along with their Secretaries of Homeland 
Security, have acknowledged, we cannot simply enforce our way out of a 
broken immigration system. I agree.
  We must reject the easy slogans that reduce this highly complex 
problem to a bumper sticker solution--something the late Senator Ted 
Kennedy spoke against so passionately. When we talk about the millions 
of immigrants living and working in the United States as a mass of 
``illegals'' to be sent out of the United States, we denigrate their 
humanity. As a nation, we can agree that we will have no tolerance for 
those who are out of status and go on to commit crimes. But for those 
whose only transgression was entering the United States unlawfully in 
search of a better life for themselves and their families, we should 
proceed in a manner that is consistent with our best qualities as a 
humanitarian and compassionate nation.
  Achieving what the majority leader has proposed will not be easy. We 
have experienced the difficulty again and again in recent years. I am 
heartened that the legislation the majority leader introduced includes 
reference to the DREAM Act and to AgJOBS, both of which I have strongly 
supported for many years. Even if our progress is incremental, I 
believe that working on behalf of America's farmers and individuals 
whose undocumented status is not a result of their own volition is a 
sound starting place.
  Among other important goals, the legislation calls on Congress to 
``support our national and economic security.'' Along with AgJOBS and 
the DREAM Act, I hope Senators will also recognize the fundamental 
unfairness that exists in our immigration laws for gay and lesbian 
Americans and that this is also an economic issue. I have said many 
times that no American should be forced to choose between their loved 
ones and their country. But this is the reality many Americans face, 
and it is wrong. Due to this false choice, many talented Americans 
choose to leave their country for nations that treat binational, same-
sex couples fairly, often at a cost to their employers and our Nation's 
economic growth.
  There are existing immigration programs that Congress should strongly 
support and improve, such as the EB-5 Regional Center Program, which 
has a proven record as an engine to promote job creation and capital 
investment in American communities. With permanence, added 
efficiencies, and strong oversight, this program can continue to 
operate as an economically productive part of our overall immigration 
system. We must also reform our refugee laws to ensure that those in 
need of protection find safety in the United States.
  Americans have endured the bitter politics of immigration for far too 
long. The hurtful rhetoric has obstructed progress and has deepened the 
divisions on an issue that will require bipartisanship and compromise 
on all sides. It is my sincere hope that the divisions are not too deep 
to be repaired and that we can make progress on fixing our struggling 
system. A rational, economically productive, and humane immigration 
system should be a cornerstone of our democracy; a source of pride 
instead of anger, frustration or intolerance. Our history demonstrates 
that immigration to the United States and the tremendous diversity that 
has resulted, has set us apart as an example of freedom and unity for 
the rest of the world. I hope as the 112th Congress begins, we will 
work together toward a better system for America and all Americans.

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