[Congressional Record (Bound Edition), Volume 152 (2006), Part 4]
[Senate]
[Pages 4246-4261]
[From the U.S. Government Publishing Office, www.gpo.gov]




                     SECURING AMERICA'S BORDERS ACT

  Mr. FRIST. Mr. President, pursuant to the order of March 28, I ask 
that the Senate now begin consideration of S. 2454. I further ask 
unanimous consent that the time until 8 p.m. be equally divided between 
the two leaders or their designees.
  I further ask unanimous consent that when the Senate resumes 
consideration of the bill tomorrow, the time until 12 noon be equally 
divided in the same form for debate only, and that at noon the chairman 
be recognized in order to offer an amendment; provided further that 
there then be debate only until 5:30, with the time divided in a 
similar fashion.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (S. 2454) to amend the Immigration and Nationality 
     Act to provide for comprehensive reform and for other 
     purposes.

  The PRESIDING OFFICER. Who yields time?
  The majority leader.
  Mr. FRIST. Mr. President, to clarify, we are now on what will be 
passionately discussed over the next several days, a very important 
piece of legislation that addresses the range of border security issues 
surrounding enforcement, interior enforcement, temporary worker 
programs--a debate which I know and expect will be civil and held with 
dignity, but what is a very difficult debate.
  I will make a brief opening statement and then turn to the chairman 
and ranking member, but also I would like to make a statement shortly 
after they do.
  Mr. President, this debate, when you boil it down to its essence, is 
about the American dream and the home that this country offers for so 
many hard-working people--a difficult debate, an important debate. But 
it is also an issue about what it means to be a nation, and every 
nation must keep its citizens safe and its borders secure.
  That is why we are starting with the Securing America's Borders Act, 
a bill I introduced prior to the March recess. This bill acknowledges 
the overriding principle that we must protect our citizens by securing 
our borders. A nation that cannot secure its borders cannot secure its 
destiny or administer its laws.
  The situation along our southern border now ranks as a serious 
national security challenge, second only to the war on terror. Every 
day we discover new facts that show how delay and inaction is making 
America less safe and less secure.
  In January, officials discovered a massive tunnel stretching nearly a 
half mile from Tijuana to San Diego. We don't know how many more snuck 
in. We do know that mixed in with the families seeking a better life 
are drug dealers, human traffickers, terrorists, and common criminals 
who cross our border into this country every day.

[[Page 4247]]

  But the danger is not only to America. It is danger to those who try 
to cross our borders as well. Unofficial data collected along the 
Arizona border shows that nearly 225 people died last year crossing 
that border. About 10 percent perished under circumstances that suggest 
foul play.
  We all know the terrible stories of criminals who prey on vulnerable 
migrants, who charge outrageous prices to smuggle them across the 
border and then often abandon them at the moment trouble strikes. It is 
wrong. It is time for us to act. And over the next week and a half on 
this floor we will act.
  The bill that I introduced includes a number of commonsense consensus 
measures that improve security along our physical border, crack down on 
human smugglers, simplify the process of deporting wrongdoers, and make 
it easier for employers to confirm their employees' legal status.
  First and foremost, we need better enforcement and we need more 
manpower on the ground. Last year, the Senate led the charge to provide 
funding for 1,000 additional officers, more equipment, and more 
detention beds. That was a start but only a start.
  My proposal adds nearly 15,000 more officers over the next few years 
in a sustained and focused effort to buttress the nearly 20,000 already 
deployed to work on border issues.
  It also requires new investments in unmanned aerial vehicles, 
cameras, and sensors, and a comprehensive national border security 
strategy.
  It establishes a long-term project of building a virtual barrier to 
cover every mile of our 1,951-mile border with Mexico.
  This will both make America safer, and it will reduce the number of 
people endangering themselves trying to come into our country.
  In addition to physically strengthening our border, the bill makes it 
easier for the Department of Homeland Security to catch people who 
violate our immigration laws.
  It enhances the collection of biometric data about who enters the 
country. And it allows the department to set up additional border 
checkpoints. Moreover, the border security bill creates tough, new 
penalties for human smugglers and document forgers.
  Under this bill, terrorists, dangerous gang members, and others with 
serious criminal connections face expedited removal from the United 
States.
  But this bill doesn't just draw on the common sense of the American 
people for its provisions. It also looked to the 9/11 Commission Report 
for guidance. This Commission recommended that we consolidate border 
screening systems. The border security bill does just that.
  It encourages the use of biometric data to keep track of who is 
coming and going. Again, the border security bill does just that. It 
identified the need of State and local officials to work with Federal 
agencies to identify terrorist suspects. The border security bill does 
just that.
  Securing the border and enforcing our laws are crucial first steps to 
making America safer. But much more remains to be done. And we will 
address these other issues over the next week and a half.
  There are over 11 million people in this country llegally. Congress 
simply cannot turn a blind eye to this growing number. We need to act. 
Our Nation is founded on the rule of law by generations upon 
generations of immigrants. We should not have to choose between these 
founding principles. Instead, we need to honor both traditions.
  In my view, neither the House bill nor the bill reported by the 
Judiciary Committee yet quite strikes that appropriate balance, and 
both need to be improved. I believe the House bill is incomplete 
because it fails to provide a comprehensive solution to our immigration 
situation, one that allows for necessary and helpful legal immigration 
and that welcomes those who play by the rules.
  We should reward those who respect the rule of law, who made it here 
the right way, and who are trying to make it here the right way. I 
believe the committee bill by contrast goes too far in granting illegal 
immigrants with what most Americans will see as amnesty.
  I disagree with this approach not just as a matter of principle but 
because granting amnesty now will only encourage future and further 
disrespect for the law. It will undermine our efforts to secure our 
homeland. There are better ways to address this issue.
  Senator Kyl and Senator Cornyn have a proposal. Senator Specter had a 
chairman's mark and a proposed compromise, and all of these approaches 
created a temporary worker program without a grant of amnesty. We need 
to find a legal way for employers to find the people they need to keep 
their businesses running and continue to grow the economy. Creating 
legal paths of immigration is a way to do this.
  In the end, it is my hope we will have a bill which has both strong 
enforcement mechanisms with additional border and interior security and 
real employer accountability that addresses the humanitarian and 
economic challenges we now face without amnesty.
  America has always been the place where one can come to live out a 
dream of improvement and renewal. But while we welcome those who 
refresh and restore our American spirit, we have always done so within 
a framework of the law. The full Senate should have a chance to 
discuss, to deliberate, to debate, and to decide how we balance that 
rule of law with the situation as we find it. We are here to solve 
problems and not to stand by as problems get worse. Those problems are 
getting worse. We need to work together so that all 100 Senators have 
the opportunity to work within our rules to solve this problem.
  The committee bill, while not perfect, makes real and significant 
progress in many areas. I believe it can be improved upon. It has 
formalized a new consensus in the Senate, one that did not exist a year 
ago, on aggressive provisions to protect our borders, including new 
detection technologies, significant new increases in Border Patrol 
agents, tough provisions on alien smuggling and, for the first time, a 
real employer verification enforcement title.
  As is the right of the chairman, the Judiciary Committee product will 
be offered as an amendment to the Border Patrol security bill that has 
been introduced. Moreover, I expect a whole series of amendments which 
will attempt to tighten the amnesty and temporary worker provisions in 
the judicial bill. I intend to support those amendments.
  I recognize we have important principled differences that will be 
expressed in the Senate with conviction and with passion over the next 
several days. I expect the debate to be contentious. I also expect it 
will be civil and it will be respectful. I invite all who have ideas to 
work with us. Together we can bring our best to bear on the problem of 
illegal immigration so America is safer and is more secure.
  As I said when I introduced my bill, I want this coming debate to 
reflect our commitment to the rule of law and to our proud immigrant 
inheritance. We are a nation of immigrants. We have all benefited from 
America's uniquely inclusive ethos. But America is also a nation of 
laws. Our laws bind us and protect us. They transform us from seekers 
into citizens. They are the very foundation of our democracy.
  I am glad many agree on the need to ensure our debate is in the best 
keeping of the Senate's tradition. We ought to be honest about the 
problems we face, face them directly, and be honest about the outcomes 
we seek, within a framework of conversation that does credit to the 
Senate and to the Nation. We will conduct this debate with respect and 
seriousness.
  I look forward to a thorough discussion over the coming days.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Pennsylvania.
  Mr. SPECTER. Mr. President, the Senate has an opportunity to take 
what could be a historic stand on reforming our immigration system, 
where many problems exist, including border security, ports, people 
coming into our country whom we cannot identify, posing a potential 
security risk

[[Page 4248]]

from terrorists entering the United States. There are some 11 million 
undocumented aliens in the United States who are unwilling to step 
forward because of their concern of being prosecuted and deported. We 
have an economy which relies very heavily on immigrant labor.
  We have now come to the point where legislation has been introduced 
which tackles these problems. The majority leader has said there will 
be passionate arguments. That is certainly true. Emotions run very high 
on these issues.
  Some say we are a nation defined by the rule of law and that has been 
flagrantly violated by the 11 million people who have come to this 
country without conforming to the U.S. law. Many others who have come 
on visas have overstayed their leave. And, at the same time, we pride 
ourselves on being a compassionate nation. No one can deny that the 
United States of America is a nation built by immigrants. No one can 
deny that.
  In my own personal situation, my own family is Exhibit A. My father 
came to this country in 1911 when he was 18 because the Czar wanted to 
send him to Siberia. He preferred Pennsylvania. So he came to the 
United States. My mother came at the age of 6 with her family and 
settled in St. Joe, MO. My brother and my two sisters and I have 
contributed to life in America. Our story is replicated by millions of 
people who have come from foreign shores and who have created a life 
for themselves, as the majority leader says, the American dream. And 
people still clamor to come to the United States because of the quality 
of life in this country, because of our democratic institutions, 
because of freedom of speech, because of educational opportunities and 
economic growth, and a chance to have a better livelihood and a 
superior way of life.
  When the majority leader comments about the committee bill and says 
it is amnesty, I disagree with him head on. It is not amnesty. It is 
not amnesty because the lawbreakers are not being unconditionally 
forgiven for their transgressions. The lawbreakers, in order to move 
forward and stay in the United States and move toward a citizenship 
path, have to pay a fine. They have to pay their back taxes. They have 
to undergo a rigorous background examination. They have to work for 6 
years. They have to earn the right to move toward a citizenship track.
  If there is a better way to bring these 11 million people forward so 
that we can identify them, we are open to any suggestions which anyone 
may have. The Judiciary Committee has worked on this issue for months. 
We have had hearings. We have had analysis in the committee on markups. 
We faced the leader's requirement that the bill be finished before 
yesterday, before Tuesday, or the Senate would proceed on the leader's 
bill as opposed to the committee bill.
  The Judiciary Committee prides itself on getting its work done. We 
got our work done. It was not easy, but we did it. In an unusual 
session, people returned early from the recess, came back on a Sunday. 
It doesn't happen around here, unfortunately. It should, but it 
doesn't. We ought to work more Mondays. We are going to work Friday of 
this week on this bill. We started at 10 o'clock on Monday morning and 
with a short recess break we worked through until past 6 o'clock in the 
afternoon. People who are watching C-SPAN may not be too interested in 
what a quorum is, but that is when 10 Senators are present out of 18. 
That is hard to do, especially when some Senators are in Iraq.
  With the cooperation of the distinguished ranking member, Senator 
Leahy, and the committee members generally, we were able to complete 
our task and complete and report out a bill on Monday of this week. 
That bill will be the replacement bill on behalf of the leader's bill.
  While the leader is still on the floor, I say in his presence, his 
bill is up about noon tomorrow. The committee bill will be a 
replacement bill which will form the substance of the Senate 
deliberation.
  I thank the committee members for their hard work. We have taken 
thoughtful, constructive legislation introduced by Senator McCain and 
Senator Kennedy, and thoughtful, construction legislation introduced by 
Senator Kyl and Senator Cornyn, and suggestions made by other Senators, 
and have molded them into what we call a chairman's mark. That is the 
name for the amalgamated bill that was the basis for our consideration.
  We have moved ahead. It was my hope that we might have structured 
accommodation, a compromise among the competing ideas. After debating 
it extensively on Monday afternoon, it was determined we could not 
accomplish that, but we are still working on it. We yet may be able to 
structure a bill which will have more of what Senator Kyl and Senator 
Cornyn were looking for than the final committee product. But all of 
that remains to be seen.
  However, we have produced a bill and the majority leader 
characterized it as ``while not perfect, significant prog-
ress,'' and I would not disagree with the majority leader's 
characterization that it is not perfect. I have been here a while and I 
haven't seen a perfect bill yet. I hope to be here a while longer and I 
do not anticipate seeing a perfect bill. This bill, however much it is 
improved, is not going to be perfect, in any event.
  We have provided for border security. We have what we call a virtual 
fence. Unmanned drones will patrol the borders. There will be overhead 
satellite control. We have very vastly increased the number of border 
agents. We have provisions for employer verification, worked out with 
the cooperation of Senator Grassley, who is not only a member of the 
Committee on the Judiciary but also chairman of the Committee on 
Finance. That is on a title which is yet to be added and will be added 
on the floor. We have a little jurisdictional issue, but we have worked 
out employer verification. Employer verification is a very major aspect 
of securing our borders.
  We are going to have people come to the United States because of 
opportunity here, no matter what we do. We want to avoid the 
circumstance President Bush described in a Saturday address last week 
of having people come to the United States in 18-wheelers. What is an 
18-wheeler? It is a big truck that has 18 wheels and people are stuffed 
into it. Many have died trying to come into this country in that way.
  We have the realistic prospect of having an identification card, much 
like a credit card, which can go through an electronic process so that 
prospective employers will know whether the applicant for a job is here 
legally. If the employer hires the applicant knowing they are illegal, 
there will be tough employer sanctions to try to stop that practice.
  As long as there is opportunity in this country, and without a guest 
worker program which will satisfy the needs of our economy, we are 
going to have people who will be determined to come here legally or 
illegally, any way they can get here.
  We had a very important amendment offered by Senator Feinstein, who 
had worked with Senator Craig, on agriculture. The statement was made 
by Senator Craig, and I believe it to be accurate, that agriculture in 
America would collapse--tough word--collapse without migrant labor. 
This committee bill includes a worker program which has been the 
cornerstone of what President Bush has urged.
  I was pleased today to hear that Speaker Dennis Hastert commented he 
favors a guest worker program, which would be a significant addition to 
what the House of Representatives has passed, an enforcement program. 
That is the recognition that it is necessary for the American economy 
to have people come into this country to help us on the farms, in the 
hotels, in the restaurants, in so many lines of American work.
  It is a good sign that when we function in conference under our 
bicameral system--the House has passed a bill; I am confident we will 
pass a bill in the Senate on immigration; and it is subject to 
modification and the will of the Senate--but with the recognition by 
the Speaker of a guest worker program, that is a very positive sign.

[[Page 4249]]

  We have improved the situation with respect to visas for highly 
qualified people. William Gates was in Washington, lobbying--a pretty 
high-priced lobbyist--to come talk about the needs of Microsoft--a 
marvelous company, high tech, enormous advances for America--he wants 
more people with Ph.D.s and wants a larger quota of visas for those 
people to come in. We have accommodated that. And we have created more 
opportunities for people to come in who are students. If we can bring 
more brains to the United States, we are going to be anxious to do so.
  I believe it is important to say, simultaneously, that we are making 
strenuous efforts to avoid bringing people into this country where 
there are Americans who can handle the jobs. If Americans can handle 
the jobs, we are not going to be bringing in other people. We will give 
those jobs to Americans first. And before employers may seek guest 
workers, under our legislation, there has to be a showing that the jobs 
could not be filled by Americans.
  We have tackled, in the committee bill, the 11 million undocumented 
aliens, candidly, as best we could. We pride ourselves on being a 
nation of laws, and those who are here undocumented have come into the 
United States in violation of our laws. And now the question is, what 
do we do? We do not want to have a fugitive class in America. We do not 
want to have an underclass in America.
  To contemplate, to even theorize about going out and taking 11 
million people into custody is an impossibility. And if you took them 
into custody, they have to be detained before they have a deportation 
proceeding. Where will you detain them? Where are there detention 
facilities? Where are there beds? Where are there accommodations to 
keep them for deportation proceedings?
  So if we have a realistic expectation that these undocumented aliens 
will have to come forward, there is going to have to be a program which 
will encourage them to come forward. We are not going to go out and 
arrest them and find them. And they have to know there is consideration 
for their plight, even though they are here without complying with U.S. 
law. And they do have to pay a fine. They do have to pay their back 
taxes. They do have to work for 6 years. And they have to undergo a 
background check. They have to comply with U.S. laws.
  So it is not a free ticket. It is not amnesty. This word ``amnesty'' 
is a code word. It is a code word to try to smear good-faith 
legislation to deal with this problem. If you move away from the label, 
if you move away from the smear word and analyze what is going on, I 
think it is fairly stated that we do not have amnesty.
  One line which we have not yet finished is the issue of judicial 
reform, judicial review. We need to have more in the way of immigration 
judges--better trained, better qualified--to handle the tough jobs 
which they have.
  Then, we have an appellate line, the Board of Immigration Appeals, 
where the number has been cut from 23 to 11, and they are filing one-
page opinions, which puts an enormous burden on judicial review in the 
circuit courts. Our bill will return that number to 23. We will call 
upon the Board of Immigration Appeals to write opinions so the circuit 
court will know what their reasons are, to take a burden from the 
circuit court of being required to start from ground zero to figure out 
what is going on in a case.
  The chairman's mark has a provision that will consolidate appeals in 
the Federal circuit. We have had a good bit of objection to that from 
the Judicial Conference and from very prominent judges. Before moving 
ahead, we did not include that in the bill which we reported out of 
committee. Instead, we are going to have a hearing next Monday. We may 
even get in the habit in the Senate of working on Mondays. Who knows 
what may come from this bill?
  We are going to bring in experts in the field. We are going to bring 
in the chief judge of the Federal circuit. We are going to bring in the 
chief judge of the Second Circuit, which has a very heavy burden. The 
chief judge of the Ninth Circuit is not available. We will have other 
representation from the Ninth Circuit to analyze that issue, to know 
more about the structure as to what we will be doing there.
  But I believe we are off to a good start. I believe that when we 
replace Senator Frist's bill with the committee bill, we will have a 
comprehensive reform package on the table. Then we will work the will 
of the Senate. We came close to striking a compromise, as I said, on 
Monday afternoon, and it was not successful. But it is going to be 
revisited. I think we may yet be able to take portions of the Kyl-
Cornyn bill and integrate them into the committee bill, which relies 
very significantly on McCain-Kennedy, to present an even more balanced 
approach.
  May I say, in conclusion, that we ask Senators to file their 
amendments. We have a difficult job. Instead of having 2 weeks, we are 
going to have, starting on Thursday--and Friday is always subject to 
some question as to how late in the day we can go, if at all--and then 
we have next week. And the temper of the Senate is to try to finish on 
Thursday when we look toward a recess, especially the Easter recess. I 
am being very pragmatic here as to what we are doing, but I would not 
be surprised if the leader was prepared to keep us in beyond Thursday 
night, beyond even Friday.
  So I urge--and I know my distinguished colleague, Senator Leahy, 
joins me in this--Senators to come forward with their amendments and be 
prepared to debate them and to start to think about time limits and to 
be aware that we are going to hold the votes to 15 plus 5. We have many 
votes which are held into the 30- to 40-minute category, which cuts 
into the floor time to get this important work done.
  And now, with another pat on the back to Senator Leahy for his 
tireless efforts and support, and who had a lot of things he wanted to 
do in Vermont--it is hard to get Senator Leahy out of Vermont any 
earlier than absolutely necessary--he was back here on Sunday, and he 
was there on Monday. And with the help of the committee--and we had 
pretty good attendance--we reported out a bill. I accept the leader's 
characterization: while not perfect, significant progress. Let's make 
some more progress, and let's get some real immigration reform.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Vermont.
  Mr. LEAHY. Mr. President, I thank the senior Senator from 
Pennsylvania for his kind words. I have told him privately, and I will 
say it publicly, he has acted as a chairman should. I have been here 31 
years, now going on my 32nd year. I have seen great chairmen in both 
parties in this institution. I have seen others who were chairmen in 
both parties.
  Senator Specter is in the mold of the great chairmen. He took a very 
difficult bill, by his own force of will--as he has with others--and 
kept us together, made sure we had discussions. We went across the 
political spectrum. We had people who feel very strongly, and rightly 
so, who had differing views--all distinguished Members of the Senate. 
He herded them together, kept us together, and kept us in, doing what 
has been a rarity: the type of Monday session he had to make it work.
  I can assure colleagues, both Republicans and Democrats, we would not 
have this bill on the floor, in an ability where the Senate cannot only 
work its will but do a fine piece of legislation, were it not for 
Senator Specter. Senator Specter made it possible with his leadership.
  Senator Kennedy, on our side, has worked on these issues since before 
any of us presently on the floor were in the Senate. And with the work 
of Senators from both sides of the aisle, we have a bill that provides 
a realistic, a reasonable system for immigration.
  We voted in a bipartisan majority. We have seen, over the years, the 
Judiciary Committee become more polarized. We have seen, in the past 
couple of years, more and more strongly bipartisan votes. In this case, 
it was a bipartisan majority with a vote of 12 to 6, with two-thirds of 
the members of the committee voting in favor of a bill

[[Page 4250]]

that protects America's borders, strengthens enforcement, and--and this 
is what is so important--remains true to American values.
  The Judiciary Committee has confronted the challenging problem of how 
to fix our broken immigration system head on. It has sent to the Senate 
a good product. The committee met six times to debate a proposal 
offered by the chairman, meeting for long hours and considering dozens 
of amendments. The debate was substantive. It was civil. It was 
bipartisan. It was effective. And it was productive.
  I might say, had it not been for superb staff on both sides of the 
aisle, this would not have been possible. I think of the members of my 
own staff. I would log on sometimes at midnight, when I would get home 
from other things, and their e-mails were pouring in from the work they 
had done. I would go back on the e-mails at 5 or 6 o'clock in the 
morning, and there were new ones. They were working around the clock.
  We were given a deadline of March 27 by the Senate Republican 
leadership. I understood that the majority leader had committed to turn 
to the committee bill if we were able to meet his deadline and report a 
bill by Monday night. It was difficult. At times it was a Herculean 
task that seemed almost the task of Sisyphus. It seemed undoable and 
the deadline impossible, but under the steady leadership of the 
chairman, with the hard work and dedication of so many members of the 
committee--again, I compliment Senator Kennedy of Massachusetts on our 
side who worked so hard on this--we worked through the long hours and 
numerous amendments and accomplished what seemed to be the impossible.
  When I mention those two Senators, it is not to leave out other 
Senators. We had so many who brought up amendment after amendment, who 
worked hard on it, all trying to get a bipartisan bill.
  The Judiciary Committee sent this resounding message, as I said, with 
a bill with a bipartisan vote of 12 to 6, with strong bipartisan 
support of every key amendment. These were not party-line amendments. 
These were bipartisan amendments. It is a bill that is strong on 
enforcement and in some ways stronger than the bill passed by the other 
body.
  It includes a provision added by Senator Feinstein, for example, to 
make tunneling under our borders a Federal crime. It is tough on 
employer enforcement. And it is tough on traffickers.
  It is also comprehensive and balanced. It confronts the problem of 12 
million undocumented immigrants who live in the shadows. It values 
work. It respects human dignity. And it includes guest worker 
provisions that have been supported by both business and labor. It 
includes a way to pay fines and earn citizenship that has the support 
of religious and leading Hispanic organizations.
  These provisions are not amnesty. I spent enough years in law and 
enough years as a prosecutor. I know what amnesty is. These are not 
amnesty. Undocumented immigrants already in the country would not get 
to cut to the front of the line, but, in accordance with the 
committee's bipartisan plan, will need to pay fines, pay back taxes, 
work hard, and wait in line for green cards. They have to pass 
background checks and play by the rules. With fines and hard work and 
going to the back of the line, after 11 years, by following a regular 
path to legal status, the currently undocumented will join as full 
participants in American society. Following this plan, we could create 
an orderly system for immigration that is consistent with traditional 
American values and our history.
  Opponents of a fair, comprehensive approach are quick to claim that 
anything but the most punitive provisions are amnesty. They are wrong. 
We had an amnesty bill. President Reagan signed an amnesty bill in 
1986. This is not an amnesty bill. An editorial in the New York Times 
entitled ``It Isn't Amnesty'' makes the point that painting the word 
``deer'' on a cow and taking it into the woods does not make that cow a 
deer. Frankly, in the State of Vermont, we deer hunters know the 
difference between a cow and a deer. We better. Our committee bill 
should not be falsely labeled. Our bill is more properly called what it 
is--a smart, tough bill.
  The committee also voted to add several constructive and practical 
measures to the chairman's mark. We added a new version of the 
Agricultural Job Opportunities, Benefits, and Security Act, or AgJOBS, 
a bill I have long supported. I was joined in that bipartisan effort by 
Senator Larry Craig. AgJOBS will reform the H-2A visa program for 
temporary agricultural labor. This new version will help dairy farmers 
in Vermont and many other States to legally hire foreign workers. The 
bipartisan provision approved by the panel would make dairy workers 
able to work under visas for up to 3 years, with the opportunity to 
adjust to permanent residence and achieve their full potential to 
become eligible for higher paying occupations.
  The American people are engaging with us in this debate. The Nation's 
newspapers reflect the public's growing interest in how these decisions 
will be settled. In my home State, the Burlington Free Press and the 
Rutland Daily Herald have offered thoughtful editorial observations 
about these issues. I commend these editorials to the attention of my 
colleagues, and I will at the end of my statement include them.
  The committee also adopted an amendment to include the bipartisan 
Development, Relief, and Education for Alien Minors Act, called the 
DREAM Act. This provision will allow immigrant students to attend 
college and become permanent residents if they follow the rules 
established in the act. It will free eligible students from the 
constant fear of deportation, while allowing them to work so they can 
afford to pay for college. By our bipartisan committee vote, we hope to 
extend Hispanic young people greater educational opportunities so they 
may realize the American dream and achieve their potential.
  The committee agreed--wisely, I believe--to drop several 
controversial provisions. Early in the process, I led an effort to 
remove a provision directing the Department of Homeland Security to 
study building a barrier, a fence, a wall along our northern border 
with Canada.
  If I might just for a moment, I live less than an hour's drive from 
Canada. I see people go back and forth across that border all the time, 
families who live on both sides. My wife is a first-generation 
American. She was born in Vermont literally a couple hundred yards from 
the Canadian border. Her parents were naturalized citizens coming from 
the Province of Quebec. When I come home and she is speaking French on 
the phone, I know she is talking with some of her relatives in Canada. 
But tens of thousands of families, probably far more than that, cross 
the northern border.
  There are also businesses. We even have a store in Vermont where 
there is a line painted down the center of the store, a cash register 
on one side of the store with Canadian money and a cash register on the 
other side with U.S. money. Why? Because half the store is in Canada 
and half in the United States. With the proposal that was before us of 
this barrier, this fence, it was going to be Joe would get a passport 
and bring me that box of Rice Krispies from the other side of the 
store. I mean, it gets down to that. There are businesses up and down 
the same way. When this proposal faced the light of day, we understood 
it easily.
  There were other controversial provisions that we wisely dropped, 
provisions that would have exposed those who provide humanitarian 
relief--medical care, shelter, counseling, and other basic services--to 
undocumented aliens to possible prosecution under felony alien 
smuggling provisions of the criminal law. If somebody is running a food 
bank or a shelter for battered children and women and they give aid, 
they help people, they feed the hungry, if you have an order of nuns 
who feed the hungry, under those circumstances, they faced a chance of 
being charged with a crime. For shame, for shame. Let's accept the 
beatitudes as something that should go across all faiths, across all 
laws. I thank so many in the

[[Page 4251]]

relief and religious communities for speaking out on this matter. Those 
criminal provisions should be focused on the smugglers. Under the 
committee bill, that is what we do--go after the real criminals, the 
smugglers, people who trade in human lives.
  The committee also voted down a measure that would have criminalized 
mere presence in an undocumented status in the United States. Illegal 
status is currently a civil offense with very serious consequences, 
including deportation. But criminalizing that status was punitive and 
wrong. Let's be realistic. Are you going to go out and lock up over 10 
million people? It would have led to further harsh consequences. It 
would have trapped people in permanent underclass status, unwilling to 
move into the mainstream of society.
  These policies, which were included in the House-passed bill and 
supported there by congressional Republicans, understandably sparked 
nationwide protests. They were viewed as anti-immigrant and 
inconsistent with American values and history, American values that 
attracted my grandparents to come here from Italy to settle in Vermont 
or my great grandparents to come from Ireland and do the same.
  The committee bill was tough on enforcement and very properly so 
tough on the smugglers. It is smarter and fairer.
  Finally, I thank the chairman for setting aside provisions in the 
mark that would have consolidated all immigration appeals from around 
the Nation into the jurisdiction of the Federal circuit, the court of 
appeals for the Federal circuit. That is a court we have wisely set up 
in recent years in Washington because it has specialized jurisdiction. 
It was created to hear patent appeals and cases involving technical 
intellectual property issues, those issues which have so much to do 
with the economy of our country. It was not set up to hear immigration 
appeals. In fact, the Judicial Conference, chaired by now Chief Justice 
John Roberts and Federal judges from across the country, expressed 
serious concerns with these proposals. The chairman did the right thing 
when he agreed to hold a hearing and further consider what provisions 
will best correct the problems created by former Attorney General 
Ashcroft's ill-conceived actions with respect to these matters in 
cutting down the number of people who could handle such matters.
  I ask everybody to look at the peaceful demonstrations around the 
country over the last week. I will pick just one--in Los Angeles, half 
a million people. I can't help but notice that. We have slightly over 
600,000 people in my State. They had almost the population of my State 
in a peaceful demonstration in Los Angeles. They were calling on us, 
calling on the Congress, the U.S. Senate and our colleagues in the 
other body, to recognize the human dignity of all. These aren't 
numbers. These aren't numbers. These are human beings. Do the right 
thing. We can do it in keeping with the longstanding American values. 
Let's not take the attitude that we are here, so no one else should be 
here. We are a nation of immigrants. We really are. In this case, if we 
are going to truly have the American dream, we also need a 
comprehensive solution to what has become a national problem. We need a 
fair, realistic, and reasonable system that includes both tough 
enforcement but immigration reform provisions. The bill reported by the 
Judiciary Committee is that bill.
  This could be a pivotal moment in helping to achieve that goal. The 
Judiciary Committee's debate has produced a bill that I believe would 
make my grandparents proud. But I think it would make the ancestors of 
all of us proud. It is worthy of our support. We should stop and think 
for a moment in this body, this exclusive body--there are only 100 of 
us who get a chance at any given time to represent almost 290 million 
Americans--should we not do something that makes the country proud, 
makes those other 290 million Americans proud and makes us in this body 
proud?
  I thank the many individuals and organizations who were so helpful to 
us during committee consideration of the bill. Included among those 
supporting this measure are many labor unions, the U.S. Chamber of 
Commerce and other business groups, leading Hispanic organizations such 
as the Mexican-American Legal Defense and Education Fund, the National 
Council of La Raza, many religious organizations, including the United 
States Conference of Catholic Bishops.
  I ask unanimous consent that editorials from the Rutland Daily 
Herald, the Burlington Free Press, and the New York Times be printed in 
the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

             [From the Rutland Daily Herald, Mar. 28, 2006]

                               One World

       Vermont's economy is sending a mixed message. Unemployment 
     is low, and median family income is growing. But economic 
     growth is imperiled by a shortage of workers, and the costs 
     of housing and health care are becoming increasingly 
     burdensome.
       The labor shortage is having several effects in the 
     economy. One of them is the appearance of large numbers of 
     illegal immigrants to work on the state's dairy farms. The 
     problem of illegal immigration will come before Congress this 
     week, and it is a contentious and complex issue. The 
     situation in Vermont is a microcosm.
       It is often argued that workers from Mexico, legal or 
     illegal, are essential to the economy because they are 
     willing to do work that U.S. workers are unwilling to do. But 
     as Paul Krugman notes in the column below, workers shy away 
     from low-paying jobs because they are low-paying. If a farm 
     worker earned as much as a school teacher, there would be 
     more people willing to milk cows for a living. But farmers 
     are in a bind. If they had to pay that much for farm labor, 
     they would either have to raise the price of milk or they 
     would have to absorb a cost that few could afford. The price 
     of milk is out of their hands, and as long as illegal 
     immigrants are available to hire, they play a role providing 
     low-cost labor.
       Thus, farmers who refuse to hire illegal immigrants find 
     themselves at a competitive disadvantage, forced to pay 
     higher wages for the same labor. That's why business 
     interests are among the chief proponents of allowing guest 
     workers into the country legally. Business reaps the benefit 
     of low-cost labor.
       The result is that there is an underclass of workers, legal 
     or illegal, willing to work at wages below what is deemed by 
     many to be livable in the United States. It is a consequence 
     of our proximity to Mexico. Substandard wages in this country 
     are desirable to many Mexicans who, even earning low wages, 
     manage to send home money to support family members left 
     behind. The economic inequities between Mexico and the United 
     States cannot be abolished by passing a tough immigration 
     law, and the result is downward pressure on wages for 
     Americans.
       That downward pressure exists in the industrial sector as 
     well. Many old companies have departed over the past 40 
     years, replaced by a new brand of high-tech company or by 
     service sector jobs that pay less than traditional factory 
     jobs. Vermont has regained its footing after the industrial 
     decline that hurt Springfield, Rutland and Bennington so 
     badly, but continued industrial growth remains hampered by 
     the labor shortage caused by an aging population.
       On top of these pressures are the extra burdens of high 
     housing and health care costs, which hit low- and middle-
     income workers the hardest. Market forces beyond Vermont are 
     driving up those costs, and efforts in Montpelier by the 
     Douglas administration and the Legislature to ease the burden 
     of those costs are essential to future economic growth in the 
     state.
       Thus, it is impossible to talk about Vermont's economy 
     without talking about the economy of the nation and the 
     world. The influx of farm workers from Mexico makes that 
     clear, but the rest of the economy, too, remains enmeshed 
     with the broader, changing world.
                                  ____


            [From the Burlington Free Press, Mar. 28, 2006]

                  Immigration Bill Should Help Farmers

       Vermont needs immigrant labor to help on dairy farms. There 
     are currently more than 2,000 Mexicans filling relatively 
     low-paying farm jobs that Vermonters won't accept. Without 
     that immigrant work force, some dairy farms would go 
     bankrupt.
       That's a reality.
       As the U.S. Senate focuses this week on immigration reform 
     changes, Congress should recognize the needs of farms for 
     this critical labor source. The Senate should create a 
     program to allow hard-working immigrants to legally hold jobs 
     in this country.
       That might be structured much like the current program that 
     allows immigrant labor--primarily from Jamaica--to work for 
     less than a full year in Vermont picking apples.
       The Senate Judiciary Committee on Monday passed a good 
     version supported by Sen. Patrick Leahy, D-Vt., that suggests 
     a three-year work program that can be renewed.

[[Page 4252]]

       The changes cannot create a permanent ``underclass,'' as 
     some have suggested. Instead, it should be based on ``common 
     sense, decency and reality,'' said Vermont Agriculture 
     Secretary Steve Kerr.
       This is not a partisan issue. Vermont Sens. Jim Jeffords 
     and Leahy support such a change. President Bush has also 
     expressed a desire to enable immigrants to cross the border 
     and fill job vacancies, and Sen. Larry Craig, R-Idaho, has 
     sponsored an agricultural jobs package.
       There is resistance, however, from some senators who worry 
     about security threats linked to opening the borders in such 
     a way, and those who don't want to reward immigrants who have 
     broken the law to enter this country.
       While it is important to tighten border security, this does 
     not preclude taking responsible steps to allow carefully 
     screened immigrants to hold jobs in Vermont that provide 
     income for their families and help the state's struggling 
     dairy industry.
       ``This is a deciding issue,'' Kerr told the Free Press on 
     Monday, as the Senate Judiciary Committee in Washington began 
     serious work on immigration legislation. ``This is a litmus 
     test.''
       Kerr said Vermont farmers would certainly prefer to hire 
     local labor for these jobs. But, he said, it is virtually 
     impossible to find people willing to take these low-paying, 
     physically demanding jobs. The Mexican workers are paid 
     roughly $8 an hour, and the farmer provides many of the 
     basics, including housing and heat.
       Creating a program that documents the arrival of those 
     workers makes sense. Local law enforcement would know who is 
     living in their communities, and the workers would have the 
     security of moving freely off the farm and knowing they 
     aren't at risk of automatic deportation.
       Most importantly, farmers would have a reliable, hard-
     working group of people helping with the milking and other 
     demanding farm tasks. For some, that might be the difference 
     between staying In business or throwing In the towel.
                                  ____


                [From the New York Times, Mar. 29, 2006]

                            It Isn't Amnesty

       Here's one way to kill a cow: take it into the woods in 
     hunting season, paint the word ``deer'' on it and stand back.
       Something like that is happening in the immigration debate 
     in Washington. At-
     tackers of a smart, tough Senate bill have smeared it with 
     the most mealy-mouthed word in the immigration glossary--
     amnesty--in hopes of rendering it politically toxic. They 
     claim that the bill would bestow an official federal blessing 
     of forgiveness on an estimated 12 million people who are 
     living here illegally, rewarding their brazen crimes and 
     encouraging more of the same.
       That isn't true. The bill, approved by the Senate Judiciary 
     Committee in a 12-to-6 vote on Monday, is one the country 
     should be proud of. Four Republicans, including the 
     committee's chairman, Arlen Specter, joined eight Democrats 
     in endorsing a balanced approach to immigration reform. The 
     bill does not ignore security and border enforcement. It 
     would nearly double the number of Border Patrol agents, add 
     resources for detaining illegal immigrants and deporting them 
     more quickly, and expand state and local enforcement of 
     immigration laws. It would create a system to verify workers' 
     identities and impose tougher punishments on employers who 
     defied it.
       But unlike the bill's counterpart in the House, which makes 
     a virtue out of being tough but not smart, the Specter bill 
     would also take on the hard job of trying to sort out the 
     immigrants who want to stay and follow the rules from those 
     who don't. It would force them not into buses or jails but 
     into line, where they could become lawful residents and--if 
     they showed they deserved it--citizens. Instead of living off 
     the books, they'd come into the system.
       The path to citizenship laid out by the Specter bill 
     wouldn't be easy. It would take 11 years, a clean record, a 
     steady job, payment of a $2,000 fine and back taxes, and 
     knowledge of English and civics. That's not ``amnesty,'' with 
     its suggestion of getting something for nothing. But the 
     false label has muddied the issue, playing to people's fear 
     and indignation, and stoking the opportunism of Bill Frist, 
     the Senate majority leader. Mr. Frist has his enforcement-
     heavy bill in the wings, threatening to make a disgraceful 
     end run around the committee's work.
       The alternatives to the Specter bill are senseless. The 
     enforcement-only approach--building a 700-mile wall and 
     engaging in a campaign of mass deportation and harassment to 
     rip 12 million people from the national fabric--would be an 
     impossible waste of time and resources. It would destroy 
     families and weaken the economy. An alternative favored by 
     many businesses--creating a temporary-worker underclass that 
     would do our dirtiest jobs and then have to go home, with no 
     new path to citizenship--is a recipe for indentured 
     servitude.
       It is a weak country that feels it cannot secure its 
     borders and impose law and order on an unauthorized 
     population at the same time. And it is a foolish, insecure 
     country that does not seek to channel the energy of an 
     industrious, self-motivated population to its own ends, but 
     tries instead to wall out ``those people.''
       It's time for President Bush, who talks a good game on 
     immigration, to use every means to clarify the issue and to 
     lead this country out of the ``amnesty'' semantic trap. He 
     dislikes amnesty. Mr. Frist dislikes amnesty. We dislike 
     amnesty, too.
       The Specter bill isn't amnesty. It's a victory for 
     thoughtfulness and reason.

  Mr. LEAHY. I yield the floor.
  The PRESIDING OFFICER. Who seeks time?
  The Senator from New Mexico.
  Mr. DOMENICI. Before the distinguished Senator leaves the Senate 
floor, Mr. Leahy, might I say that I was present while you spoke this 
afternoon. I was here when the distinguished chairman of the committee 
spoke. I commend both of you for the diligent and obviously hard work 
you put in on a very hard subject for the American people. I think we 
got off to a good start today. Your hearings set the right pace for 
Americans to begin to understand that immigration is a complicated 
issue but that it can be solved. I am much more optimistic than I was a 
couple of months ago that even with these timeframes which have been 
tough on you all, these mandates by our leader that you get things done 
by a time-certain, we have both been here long enough to know that 
maybe that is how you get it done.
  Mr. LEAHY. Mr. President, I thank the distinguished senior Senator 
from New Mexico. We have known each other for over 30 years. I 
appreciate his words. I thank him.
  Mr. DOMENICI. Mr. President, I am going to speak today very 
personally because I don't think very many people know, certainly 
looking here at my good, new friend occupying the chair from the State 
of Oklahoma, I am quite certain he doesn't know that this Senator was 
born by a mother who unknowingly was an illegal alien. She happened to 
be Italian. We are now talking more about Hispanics, although not 
exclusively. But today in the Senate Hart Building, the Senator from 
New Mexico had before him on the floor of his office, and in the chairs 
that we had, about 30 Navajo young men and women--10th, 11th and 12th 
graders--with a few adults, and about 5 or 6 students from a completely 
different part of the State of New Mexico. They were sitting on the 
floor asking me if I would talk to them about myself. ``Who are you?'' 
they asked.
  I started off by telling them who I was. I gave a little bit of a 
lesson on the Constitution, and about there being only two Senators 
from each State, and how lucky we are, because we have just as many 
Senators as New York has. Of course, they knew that. I told them that 
might not seem fair, but the Constitution makes it fair because it is 
the document of fairness.
  Then we proceeded to talk about how I got here. I told them the story 
of how I ran for office on a dare and got elected. Then I talked about 
some dates in our State's history. I said, in 1912, New Mexico became a 
State. Before that, in 1906, 2 boys arrived at Ellis Island with an 
uncle. One of these boys with the last name Domenici had a strange 
first name, Cherubino. People wondered what that was. In Italy, that 
was a nice name that meant ``little angel.'' He was born the last child 
of that Domenici family because his mother died in childbirth, so they 
named him ``little angel.''
  In 1906, Cherubino, who was my father, arrived at Ellis Island, 
having left a little town called Lucca, Italy. He arrives in 
Albuquerque, NM, I told these young Indian students. He went to work in 
a grocery store that, believe it or not, was named the Montezuma 
Mercantile Company, and it was owned by Italian immigrants. These 
Navajo young people were wondering in awe, what are you talking about? 
I said, well, that is the way America was then. They welcomed aliens. 
There were no illegal aliens. If you came from Europe during those 
times, they said, come, we want you. They didn't say you are 
automatically a citizen, but they said come. These two boys were 
brothers; my dad came with his brother. The reason why is something 
that should not take the Senate's time tonight, other than to say they 
planned to bring my father only, but he got scared to come without his 
brother, so

[[Page 4253]]

he cried and his brother said I will go, and then my dad said I will 
go, too. He said if you go, I will go. So his father played Solomon and 
sent them both. They went to France and got on a boat and arrived in 
Albuquerque in 1906.
  We became a State in 1912. If my math is right, that is 6 years 
later. Guess what. By then, my father had bought the grocery store. He 
never went to school, but you see, he was still able to buy the grocery 
store. He was an alien. He worked hard and guess what happened. The war 
came along. Don't get too far ahead of yourself. It was the First World 
War. He got drafted as an alien. They put him in the Corps of 
Engineers. He told me one day: They wanted to promote me, but I told 
them I didn't want another bar because I spoke English too poorly and I 
was embarrassed to drill the boys. He was a little older than some of 
them, but he turned down the little button, or whatever you get, 
because he didn't want to sound like an Italian instead of an American, 
so he did not take the promotion.
  But he still came home from the war a hero. And because of his 
service, he was made a U.S. citizen. Guess what. He went to see the 
best lawyer in Albuquerque, NM, before he married my wonderful mother. 
He said: If I marry her, because she has not finished her paperwork for 
citizenship, will she be a citizen? The lawyer said: Oh, yes, sure, she 
will be a citizen. Now, you see, that was wrong legal advice. So here 
my mother bears four children to a wonderful citizen whose grocery 
store is growing. She becomes kind of everybody's leader, the Parent-
Teacher Association president, raising all the money for the Catholic 
school, and guess what. She is an illegal alien.
  My mother hadn't been back to Italy since she was 3 years old. 
Remember, that is like some of our aliens in America. You know them, 
Senator Martinez. They have been here 30 years, they have never been 
back to their home countries, they live in the same neighborhood, they 
have children and they marry Americans, just like my mother. One 
afternoon when I am about 9 or 10 years old, sitting in the backyard, 
guess who arrived? It was during the Second World War, 2 years before 
the end, or a year and a half. Who were we at war with? Italy. The 
immigration officers arrived in their big black cars. They pulled up to 
the house, and there was the Senator-to-be 45 years later--little 
Pete--with his sisters, and here they come. Of course, we think what 
happened was there was a flamboyant Italian man nearby that used to--
excuse me--imbibe on weekends. They think he had a little too much 
imbibing and he was singing a song out the window of the third floor of 
a hotel, right on top of the grocery store, the Montezuma Grocery 
Store. Of course, singing Italian, he probably excited some American 
who was a supercitizen, right? He was worried about these illegal 
aliens. So the immigration officers set about to see who among us were 
illegal aliens, and there she was, my mother, Alda Domenici. They 
decided she had to be arrested because she was an illegal alien. So, 
sure enough, they came to do that and a neighbor had to come over to 
take care of us kids. I was about 9 or 10. I was pretty frightened. I 
remember that we had a nice Zenith radio, a standup, and it had an 
aerial in it that would permit you to get music and pick up noise from 
overseas. The agents disconnected the radio so we could not communicate 
with the enemy. Then my father arrived at home. But guess who else 
arrived. That lawyer who advised my parents on my mother's immigration 
status came because my father called him up. That great lawyer, whose 
son was later Governor of New Mexico, got there to the house and said: 
What is the matter with you guys? This is no lady to be arrested. She 
has been living here since she was 3. Look at all her kids, and her 
husband has been running this business. And the agents said: We have 
these orders that she has to be arrested. To make it short, the lawyer 
answered: Why don't you arrest me, too.
  So they had to arrest the lawyer, too. They took him to wherever they 
were going--to Federal court, I suppose, and they took my dad's gun. A 
couple hours later they put up the bond and she came home. I don't know 
when--probably about 6 months later--she filled out all the forms to 
become a U.S. citizen.
  Why do I tell you this story? I want everybody to know that I am a 
Republican. I don't want anybody to think that in order to understand 
what it is like to have things happen to you like what happened to me, 
you have to be a Democrat or a Republican; you just have to live in 
this country during these times, when things like this happen. They 
happen and you know exactly how people feel. They are like everybody 
else.
  We talk about this whole issue of illegal aliens as if we are talking 
about hooligans and people who are drug addicts. Of course, when you 
have something as intricate as the border, which is where economics 
come into confrontation--the economics of poverty come into 
confrontation with the desire of adults to get ahead; that comes into 
confrontation with those who want to make money by taking advantage of 
that desire and charging people and becoming human smugglers--the 
thieves of human bodies; and that comes into confrontation with lying 
to and cheating Federal agents. You have this whole panorama of what is 
going on along our borders. Then we keep waiting for it to get solved, 
while all the time, day by day, thousands upon thousand of stories such 
as I have described are occurring.
  There is no way to sit back, whether you are a competent, powerful 
radio announcer, newspaper article writer, editorial page writer, or 
local neighborhood noisemaker--there is no way you can properly capture 
the reality of what we have let happen to this country. I, for one, 
want it to be known that I think this problem is solvable. I believe we 
can tighten up our borders. I believe it will take time--I believe it 
is impossible to pass a law and 6 months later have a border that is as 
tight as a belt, as some people say. It is going to take a lot of 
equipment and manpower and a lot of machinery and technology to do 
that. It is also going to take the next 2 or 3 weeks in the Senate of 
human willpower built around a spirit that is American, that recognizes 
our country was built by people such as those I have described. And 
there happen to be not as many named Domenici as there were back then; 
more are named Martinez than Domenici today, and Salazar, and Chavez; 
and many of their first names are not like mine, which was Pietro, but 
they are Enrique and Carlos.
  I think there is a willingness to work these issues of border 
security and immigration reform out. I want to suggest a couple of 
items. I believe the American people are going to understand before we 
are finished that we are going to do our very best to make the border 
such that it will not be penetrated every day by thousands of people 
who will be violating this new law we pass. I believe that is going to 
happen.
  I do believe, however, one thing that has not been discussed enough 
is that we are going to have to get much more cooperation from Mexico 
to get that done, and I would like my friend Senator Martinez, who is 
here, to talk about that when he makes his comments.
  The Mexican government and our Government must enter into an 
agreement, an accord, when this bill is finished that they are going to 
jointly see that our border security provisions get enforced. I have a 
provision requiring that in a bill that I introduced called the WISH 
Act. It has provisions saying that before the bill comes into force as 
far as benefits to Mexico, the Presidents of the two countries must 
enter into an agreement regarding enforcing our drug laws, human 
smuggling laws, and immigration laws; and also where Mexico will 
encourage their residents who live here to come forward and be 
recognized under the law. And, fellow Americans, what we put on paper 
and make our law is going to have to be significantly enticing enough 
for these millions of undocumented workers, some of whom have been 
living here a long time, to risk putting up their hands and saying: I 
will exchange the

[[Page 4254]]

way I am living now for this new promise, this new proposal.
  It better be good enough or they will continue living the way they 
are. So it has to have something in it that they want.
  But it also has to say to the American people: We have this situation 
under control; it is not going to continue on after we pass this bill. 
And that gets back to the 10 million to 15 million undocumented workers 
who live here. We have called them all kinds of things. Let's just say 
the 10 million to 15 million aliens who live in the United States who 
are not citizens of the United States, some of whom came here totally 
illegally, some of whom came here under temporary permits--that group 
of human beings has to be addressed by this legislation in a humane 
way. They must be addressed in a way that recognizes that they are 
currently contributing significantly to the United States, that they 
probably are going to continue to contribute to our country, and that 
what we have in our minds about who they are and what they are is 
probably not what they really are. In our minds, we have pictures of 
them being leeches, people who are living off us instead of producing 
something we want or need.
  I hope I get a chance to give another few comments later. I have some 
very valuable information about the economic contribution of these 
people. It is a very big contribution, in the billions of dollars in 
commerce coming from these people living in our country. There are 
billions of dollars in GDP contributions.
  What kind of jobs are these people we are talking about currently 
doing? Some of us speak about them as if the only jobs they have are 
kind of trashy old jobs that nobody else wants. That is some 
misinformation, too. They are taking some menial jobs. We constantly 
say: Why don't we let them come here because they will take those jobs 
that nobody else wants? But they are also engaged in some very good 
jobs. There are carpenters and automobile mechanics in certain cities. 
They have moved their skills upward beyond that temporary permit they 
have, and they are in another category, but they can't move up into 
that new category under current law, to represent the new kind of 
lifestyle they live.
  Also, about half of them have lived here a short period of time, and 
about half of them have lived here a long time. So I am just going to 
describe what maybe is the way we get the issue of undocumented workers 
solved. Let's consider drawing a line at those who have lived here 
longer than 5 years. It seems to me that this is an important 
consideration, an important issue to look at because if one lives here 
for several years, that person certainly has a different relationship 
with the community and probably a different relationship all the way 
around than somebody who just arrived last week or even somebody who 
works 3 months and goes home. If someone has lived here for 5 years and 
has been working and maybe is just like that lady I described, my 
mother, who is living with an American and has children and has been 
here 10 years but is not a citizen, we have to figure out how we are 
going to handle that.
  I believe the President of the United States deserves enormous credit 
for sticking with this issue for a long time. People have said: Where 
is the plan? He was the only big voice in America for the last 3 or 4 
years that has constantly said we have to do something about this 
problem, and it is not just buttoning up the border. He said we have to 
go beyond that and provide something for those who want to live and 
work here--we must give them a chance to live here under humane 
circumstances with the kind of grace and opportunity that is a 
privilege of living in America. I think he is still saying that.
  I am hopeful that before we finish this debate, the solution is going 
to come from a White House-Senate-House melding of ideas along the 
lines of giving some special treatment to those who have lived here for 
a longer period of time--different and better treatment, easier access 
to the U.S., perhaps easier access to a higher level of status than 
what they had when they came here.
  That is the essence of a proposal that I put in what I call the WISH 
bill. Workers who are here less than 5 years under my proposal can 
apply for and get a visa without leaving the United States. If they are 
unemployed for no more than 30 consecutive days, they get a renewal of 
that 3 year visa two more times. Then they have to leave America for at 
least three years. That proposal is for people who have been here less 
than 5 years.
  One would say that is not so good. But what we are talking about is 
giving these people 9 full years to do their best to arrange things and 
have whatever successes they can make. So that is one approach to one 
portion of these people who are undocumented workers.
  I suggest we split this group of people so that those who have been 
here for longer than 5 years--which they can prove that with workers' 
affidavits and the like--start by obtaining the same visa I just 
discussed, but after 5 years, they can apply for another visa or a 
change of status, except permanent residency, without leaving the 
United States. We would have no caps on the number of visas for these 
change-of-status grants.
  It would appear to this Senator that this could be the beginnings of 
a compromise built around something that is understandable, realistic, 
and should be given due consideration by this body.
  Not having had the burden--or the luxury--of serving on the Judiciary 
Committee, I have told Senator Kyl, who has worked very hard on this 
issue, that I am willing to work with him, and to the best of my 
staff's ability they will work with him, to see if we can't come up 
with some kind of a better approach than has been forthcoming 
heretofore.
  I notice Senator Kennedy is present. Senator Martinez has asked if he 
could speak next, and he has been waiting for quite a while. I assume 
that is satisfactory.
  In the absence of the Senator from Massachusetts, I spoke about the 
fact that frequently we get legislation done when we are told we must 
do it under a deadline. There is still a lot to do on this bill, but I 
can tell the Senator, there are a lot of people pulling for a solution 
and who want to be helpful.
  This is, indeed, a true turning point in modern American domestic 
policy history. It is a big opportunity. We solve it or we have some of 
the worst problems confronting the American people that we can imagine. 
It has almost gone beyond the solvable, but not quite because we are 
pretty sanguine and willing to work.
  Just as Senator Kennedy and his family have their roots in Ireland, I 
had an opportunity to speak this afternoon about a very strange 
incident of how this Senator happened to be born to a woman who thought 
she was American but was not. So I lived in a family for quite a while 
with a father who became a citizen only because he served in the First 
World War. He married a woman who he was told would be an American if 
he married her. He was told that erroneously by a lawyer, and she was 
arrested during the Second World War--taken right out of our household. 
So I understand this whole idea of a household with a father who is 
American and a mother who is not, but they are living, working, and 
getting ahead and driving their business. I understand that they are 
just like every other family in America. There is nothing different. 
They have the same love, same hope, same will, and same aspirations as 
those of us who were born here have.
  I am here to be helpful. I thank the Senate for listening, and I 
thank the Senator from Massachusetts for listening to me again the last 
5 minutes. My wife is going to give me a note saying that my face is 
getting red, and it is time to sit down. I yield the floor.
  The PRESIDING OFFICER. The Senator from Florida is recognized.
  Mr. MARTINEZ. Mr. President, first, I thank the Senator from New 
Mexico. I thank Senator Kennedy for indulging me for a couple of 
moments. I know we are supposed to go back and forth, but I appreciate 
the opportunity to be

[[Page 4255]]

heard following Senator Domenici because I believe my comments are 
germane to the comments he made. I thank the Senator from Massachusetts 
for his courtesy. These will be very brief comments.
  Mr. President, I say to Senator Domenici, I love hearing his story 
because it is the story of America. It is the fabric of America about 
which he spoke. I was so touched by the way he told it.
  Obviously, as the only immigrant in the Senate, I think it is 
terribly appropriate that I speak at the outset of this very important 
national debate on this issue in the Senate.
  I am reminded as we talk about these issues that there are so many 
interesting connections. When I came to the Senate as a Senator from 
the State of Florida, it was such an incredibly proud moment for me 
and, frankly, for many in the community from which I come--the Cuban-
American community--since I was the very first Cuban American to have 
this distinction and this honor. I also am probably the first Florida 
Senator to ever serve in the U.S. Senate who was not born in America. 
But, Mr. President, the story of America is such that, as I started to 
look at that history, I found out that the very first Senator from 
Florida, when Florida became a State--I believe in 1854--was a fellow 
by the name of Yulee Levy who was actually born in the Middle East. He 
was a fellow who had come to America as an immigrant and who ended up 
representing the State of Florida as the very first of two Senators who 
came, and he, in fact, beat me by a good little margin as the first 
foreign-born Senator from the State of Florida. But that is the sort of 
history our country is made of.
  This is such a timely and important debate. I am pleased that you 
would mention our President, who has been very steadfast and very 
strong on the issue of a comprehensive solution to our immigration 
problem. I love so much that you began this debate in such a loving 
way, in such a civil way, and in a way that allows us to think a little 
bigger and a little higher than the combat of the day and the rhetoric, 
frankly, which so often gets so heated, which so often gets so beyond 
the pale of what ought to be. I am proud of the Senate as the Senator 
begins this debate with such a note of civility.
  I believe we recognize first and foremost that our immigration system 
is broken, that we have to fix it, we have to set about fixing it. The 
Senator is so right when he speaks about the fact that it is almost too 
late to fix and we have to act and we must act now. It is important, 
too, that we focus on a comprehensive solution.
  It is obvious that we have to fix the border. All of us want to see 
the border be secured and protected, to be something other than what we 
have today. The resources will be there, we will do it, and it will be 
a commitment that we make first and foremost for border security. I 
think all of us, no matter where we come from, appreciate the legality 
involved in border security, but in addition to that, we have to be 
careful of the rhetoric. I don't believe we should allow the loudest 
voices, not necessarily the best voices, to make a definition of what 
amnesty is and what amnesty should be. I believe we should look to 
solutions that are rooted in what America is about and our American 
values.
  We cannot ignore the millions who already are here.
  We have to give the border its importance, but we have to look beyond 
that to the fact that there are millions who have been living here and 
contributing to this Nation, and we look forward to an opportunity to 
figure a mechanism.
  Senator Domenici has put forward a proposal--and there are many 
others on the table, obviously. The bill out of the Judiciary Committee 
makes an important contribution there. We need to find a way that we 
can come to grips with what to do with the millions of people who are 
living here and who are already here making a contribution.
  The Latin community of America, the Hispanic community of America, 
has been galvanized by this issue like no other. This is a historic 
moment in our history, and it is a moment we have to treat with great 
care and great importance how we set the tone of this debate. I am 
hopeful that as we look to the future, we will come up with solutions. 
I am very hopeful that we can come together as a Senate. I am very 
hopeful that the Congress will come together, with the help of the 
President and others interested in this debate, to come up with 
solutions which will provide a way forward, which will provide a 
historic opportunity for the people of America to be one Nation, to be, 
as our model says, e pluribus unum--``For many, one''--because I do 
know that the immigrants who come to this Nation do not come to change 
America, they come to be changed by the miracle that is America.
  I know that I, as an immigrant, was changed by America. When I came 
here, much like Senator Domenici's father, I did not speak the 
language. You learn the language. You make it your business to become 
an American. I did not understand this culture. I had no idea as a 15-
year-old boy what the country was all about, but I made it my business 
so that I could make a contribution to it.
  So I am hopeful that we can come together to find solutions to these 
issues. There is nothing easy about this problem, and I know people of 
good will will come together so we can move forward in a positive way, 
in an American way.
  The PRESIDING OFFICER. The Senator from Massachusetts is recognized.
  Mr. KENNEDY. Mr. President, for the last 15 minutes or so, we heard 
the stories that have true meaning in terms of the whole American 
experience. Senator Domenici talked about his parents and how they 
worked through the process of becoming proud Americans, and the good 
Senator from Florida told, as well, the story of an extraordinarily 
successful immigrant who came here and is now serving with great 
distinction, representing the people of Florida.
  Last evening, just as the Senate was about to adjourn, Senator 
McCain, who is the primary sponsor of this legislation, introduced me 
to a wonderful young American, Fabian Nunez, and Fabian Nunez is the 
speaker of the California Assembly. His father was a Bracero in the 
1950s, and at the end of the Bracero Program, he went back to Mexico. 
He came back here--the boy did--with his mother, who had been a maid 
and was also undocumented. She had worked two jobs. And this young boy 
came back to the United States--as a young boy, had gone back to Mexico 
and came here at 8 years old. I also talked by telephone to the father, 
who is 83 years old, and he said how proud he is that his son is now 
the speaker of the California Legislature. That is the real story of 
America.
  At other times, we have seen where Democrats and Republicans have 
come together and Presidents have come together with the Senate and the 
House and have taken action that has moved this Nation. That was 
certainly true during the civil rights legislation where we knocked 
down the walls of discrimination, of race and religion, and also of 
gender. We knocked down the walls of discrimination against the 
disabled with the Americans With Disabilities Act. We came together as 
well to pass the Medicare Act so that many of our elderly people would 
not live in poverty and also would be able to get the health care they 
needed. We came together to do that. We came together in terms of the 
higher education legislation, and today millions of young people are 
benefiting from that system. I certainly hope that we can, as we start 
this debate, come together as Americans to deal with this issue.
  It is a new civil rights issue, but it is one that is going to 
continue to be an issue unless and until we address it. There are 
different approaches, and they have been outlined earlier today, and 
they will continue to be outlined tomorrow. But I think the stories we 
heard this evening are the clearest and most compelling evidence of 
what this country is when it is at its best and what it can be. It is 
in that spirit that Senator Domenici spoke and that Senator Martinez 
spoke and that others have spoken, Democrats and Republicans. It is 
that spirit which we hope to capture when we address this issue and 
finally vote on the legislation that is before us.

[[Page 4256]]

  I look forward to having the chance to speak at greater length 
tomorrow. I spoke earlier today about the history of the whole migrant 
program and the steps that have been taken. There have been failures 
and some successes, but the challenging opportunities are the ones we 
face today. This is an issue which isn't going to go away. It is going 
to take the best that is in all of us. I am very hopeful that when the 
vote is finally cast, it will be for a meaningful, comprehensive 
program that will recognize the national security issues which are 
involved, will understand the economic issues involved, and finally, 
and perhaps most importantly, understand the issues of values which are 
involved. I will have more to say on that on the morrow.
  I yield the floor.
  The PRESIDING OFFICER. Who seeks time? The Senator from Alabama is 
recognized.
  Mr. SESSIONS. Mr. President, we are a Nation of immigrants. There are 
so many great stories of people who have come to this country and 
enriched our Nation and benefited their families and had great life 
experiences. There is no dispute about that. I don't think there is a 
single Member here who would deny that.
  But there is a suggestion that those who do not support the Kennedy 
bill--or whatever you want to call the bill that came out of the 
Judiciary committee, of which I am a Member and the Presiding Officer 
is a Member--if you don't support that bill, you want to run everybody 
out of the country and you want to lock them up and prosecute them. If 
you don't support this bill, you have bias against them and you don't 
believe in immigration. You don't believe in the great freedoms of our 
country. Nothing could be further from the truth. That is not right.
  What we are trying to do is to develop a system to deal with the 
immigration crisis that we have that is consistent with our values as 
Americans, that is consistent with the rule of law in this country, 
that treats people who do the right thing better than it treats people 
who do the wrong thing. That is what this debate is all about. We are 
trying to set policy for the future about the people who are allowed 
into our country, how many and under what circumstances. A Nation 
surely has a right to decide how many people it allows to come in. We 
are one of the most generous nations in the history of the world in 
allowing people to come here. But we have a right to decide how it 
should be done.
  Under this bill, we have provisions that actually allow a virtually 
unlimited number of unskilled workers to come in, but limits the amount 
of skilled workers that come in. How weird is that?
  This legislation came together in a most hasty way and violates a 
number of principles. One thing I would mention, the Presiding Officer, 
Senator Coburn, has been involved in these discussions. I know he and I 
share a common view about it. I thought we all agreed we would not have 
amnesty. The President, as much as he believes in bringing people into 
this country, as much as he believes in allowing workers to come here 
who want to work, has said: No amnesty. Our Democratic colleagues have 
said: No amnesty. This morning I said: The truth is, this bill is 
amnesty. It is exactly like the 1986 bill, and everybody said that was 
amnesty. They didn't even dispute it.
  I have the definition from ``Black's Law Dictionary,'' the one law 
students use to get legal definitions, and it uses the 1986 bill as an 
example of ``amnesty.'' Of course it was. And the bill that came out of 
the Judiciary Committee is the same thing.
  I have to tell you, Senator Specter's bill that we started with in 
the Judiciary Committee was not amnesty. Senator Frist's bill is not 
amnesty. But the bill that we came out with was. That is just a fact. I 
am going to go into some detail about that because Senator Kennedy has 
said it is false for me to say this is amnesty. We are going to talk 
about it. Senator Leahy said it is not amnesty. Why are they saying 
this now? I'll tell you what is going on.
  They are over there talking with the President and they are trying to 
get a compromise. They are trying to come up with something so they can 
come back and say it is not amnesty. They will claim that they moved in 
this direction and now they want to pass it.
  We are going to have to read this bill, and we are going to have to 
think about it because it is a major issue facing our country today. It 
really is. We need to do the right thing, and we can do the right 
thing. I am actually optimistic about our options and our capabilities 
of coming up with something that will work. But this bill is not it. It 
is absolutely not it.
  I want to say a couple of things first. We are going to pass 
legislation dealing with the entry of people into our Nation. We are 
going to pass legislation, and I will favor properly drafted 
legislation that will increase the number of people who come to our 
country lawfully. We want to pass legislation that treats fairly and 
decently and humanely the 11 to 20 million people who are here 
illegally. But I hope and trust we won't pass amnesty which gives the 
full benefits of legal entry into our country to those who come 
illegally.
  That is really what we are talking about, because what we learned in 
1986 was that when you do that, before the ink is dry on the bill, 
other people come in illegally because they expect we will be right 
back here again in this Congress giving them amnesty again. So we need 
to reestablish the principle of law. That is all I am saying. We can 
treat people in a good way. We will not have to remove all of these 
people from America. They would not have to be prosecuted and put in 
jail. How silly is that? That can't be done. Nobody is proposing that.
  What we are working on is legislation that can bring law, bring 
principle, and bring integrity to our immigration system, and I believe 
it is within our grasp to do so. But I am not going to support the 
legislation that is before us now. It is just not good.
  The question about amnesty and where we are arises from the nature of 
the provisions in the bill that passed the Judiciary Committee. I don't 
know what to call it. I guess it is the Kennedy-Specter bill. Senator 
Specter's bill, though, that he offered and we began with, did not do 
the unprincipled things that this compromised bill does.
  Senator Frist, the majority leader, has offered legislation that does 
not create a direct path to citizenship for the entire illegal alien 
population. His bill didn't do that. The original Specter bill did not 
create a new or direct path to citizenship for illegal aliens. Before 
the committee markup, the Specter bill would have given illegal aliens 
working in the United States a temporary work permit, renewable every 2 
years as long as the individual was working.
  We still don't have the language that passed out of the Judiciary 
Committee. I know Senator Coburn has been around Congress for some 
time, and he serves on the Judiciary Committee with me. We still don't 
have the language we voted on Monday. I don't know for sure exactly 
what it is, but we sure should not be passing a piece of legislation 
when we haven't even had a chance to read it.
  But in the committee, a complete amnesty program was adopted for the 
illegal alien population and large, new permanent immigration programs 
were created for low-skilled workers. The committee bill, as reported, 
creates a direct pathway to citizenship for aliens who have broken our 
laws.
  You will hear claims that this bill is earned adjustment, earned 
citizenship. Those are descriptions, but they are misnomers. This bill 
really is--in the sense that we have been talking about it for several 
years now as a part of an American dialog, in every sense of what 
people mean by amnesty--it is amnesty. If it is not amnesty, it is the 
same thing as amnesty. That is what it is.
  There are four different amnesty provisions in the bill. These four 
amnesty programs are what you are voting for or against when you vote 
on the Judiciary Committee bill. Let me clearly describe to you the 
breathtaking enormity of the four programs that I believe clearly 
constitute amnesty in the Judiciary Committee bill.

[[Page 4257]]

  Element No. 1, the committee bill takes every illegal alien in the 
United States who pays $1,000 and was employed before January 7, 2004--
whether full time, part time, seasonally or self-employed--and puts 
that person on a direct path to citizenship. The family of the illegal 
aliens, their spouse and children, would also be given amnesty, even if 
they are not already in the United States. They would now be able to 
come and come legally.
  How will it be given out? How do you get on this direct path to 
citizenship? What is required of the person who seeks it? The truth is 
that other than illegal presence in the United States, very little is 
required.
  We have been following very carefully the draft of the bill that we 
were provided and that we had as we voted on this legislation in 
Committee. The final passed version, however, is still being cobbled 
together, but I am confident that what I'm saying is accurate with 
regard to these issues.
  All illegal aliens present in the United States before January of 
2004, who have worked illegally here since then for any amount of time, 
will first be given an H-5B nonimmigrant status, good for 6 years. They 
are made legal for 6 years. Their spouses and children will be given 
the same status. After 6 years and another $1,000 fine, the aliens and 
their families will get green cards if the alien has been ``employed in 
the United States, either full time, part time, seasonally, or self-
employed, or has met educational requirements.''
  The education requirement is as broad as being in a 1-year vocational 
work program at ``an institution of higher education.''
  These requirements are very broad.
  A self-employed person could be someone who worked 1 day a year, and 
there is no limit on that definition. A person who meets the work 
requirement through education has to prove that they had full-time 
attendance in as little as a 1-year educational program, not that they 
completed any educational program.
  Additionally, the work requirement and education requirement for the 
green card are completely waived if the alien is under 21. After 
getting the green card, illegal aliens will be able to apply for 
citizenship like any other lawful permanent resident. They are put in 
the same status as the people who came here legally.
  To satisfy the work requirement of being employed in the United 
States, either part time, seasonally, or self-employed, the bill states 
that an alien can conclusively establish his work history in the United 
States either by, one, presenting records maintained by one of the 
following: Social Security Administration, IRS or any Federal, State or 
local government agency or employer, a labor union, a day labor center, 
and ``organizations that assist workers in matters related to 
employment,'' or presenting two of the following: bank records, 
business records, sworn affidavits from nonrelatives or remittal 
records.
  However, the documents listed that conclusively establish work 
history are not even really required.
  Later on, the bill states that the burden of proof that the alien 
must meet to qualify is even lower than that. It says: ``The alien has 
a burden of proving by a preponderance of the evidence that the alien 
has satisfied the requirements. An alien must meet such burden of proof 
by producing sufficient evidence to demonstrate such employment as a 
matter of reasonable inference.''
  Reasonable inference? That is not a proof standard. It is a situation 
that allows everyone to qualify.
  Why would we want to do that?
  The bill then states: ``It is the intent of the Congress that the 
work requirement be interpreted and implemented in a manner that 
recognizes and takes into account the difficulties encountered by 
aliens in obtaining evidence of employment due to the undocumented 
status of the alien.''
  It is not that hard to prove you have worked. If you work for an 
employer, you can get the employer to provide a statement that you 
worked for them even if you don't have pay stubs. It is not that hard.
  This basically obviates any requirement of proof and allows anybody 
to qualify.
  I am just telling you that is what is in the bill. I wish it were not 
so. I am not making this up. I am reading to you what is in the bill.
  The work standard is not a work standard at all. In fact, the bill 
basically says that Congress is telling the Department of Homeland 
Security to accept pretty much anything as proof of work.
  This is an open invitation to fraud and will prevent Department of 
Homeland Security from vetting out fraudulent applications.
  It is a perfect example of why our immigration laws are so messed up.
  We have placed so many difficult obstacles in front of agencies that 
are required to enforce them that they have become utterly 
unenforceable.
  We say that we have a work requirement, and then we say it can be 
seasonal, it can be part time, and it can be self-employed. Then we say 
just about any records you can produce, or that you conjure up will be 
sufficient. But if you do not have records and you have a reasonable 
inference that you worked, they must let you qualify.
  Basically, that is what the Department of Homeland Security office is 
going to do. They are going to accept anybody's application. There is 
no way you could object to it. This standard appears to be a standard 
but is not one at all.
  What about waiver of the work requirement? What if you have not 
worked since January of 2004 and did not work before then. Does this 
bill leave you out? Does it mean you can't be a citizen now? Can you 
qualify for this type of amnesty? The answer is still yes.
  Even if you are an illegal alien who has never worked in the United 
States and cannot produce any evidence to reasonably infer that you 
have worked illegally in the United States, you and your family can get 
on the bill's direct path to citizenship. You get automatic amnesty, no 
requirement to prove work.
  If you have full-time attendance at an institution of higher 
education--graduation is not required--full-time attendance at any 
secondary school, as defined by State law, or you are a minor under the 
age of 21, what does qualifying for amnesty get you?
  The mere filing of an application for amnesty triggers the following 
things: Employment authorization for the alien, the alien's spouse and 
children, permission to travel abroad and return to the United States, 
protection from being detained, determined inadmissible or deportable 
or removed pending final adjudication of the alien's application for 
adjustment of status.
  Only future conduct or a criminal conviction removes these 
protections.
  Additionally, if you have already been ordered removed from the 
United States or if you are subject to mandatory detention for a 
criminal conviction, the Department of Homeland Security has to give 
you the opportunity to show you are eligible for amnesty before you can 
be removed.
  This will simply freeze the entire detention and removal operation of 
the Department of Homeland Security.
  If you are legally here in January of 2004 because you got a work 
visa before you came to the United States, you will not get the benefit 
of this amnesty.
  Repeat that: If you are legally here because you got a valid work 
visa or permit before January of 2004, you do not get the benefit of 
this amnesty. This amnesty benefits you only if you came here 
illegally.
  So we are only giving you a direct path to citizenship if you first 
broke our laws. If you came here the right way and did not break the 
law, you are out of luck. No new path to citizenship for you.
  They say this is a guest worker program.
  The second major part of Specter-Kennedy substitute amendment--that 
was an amendment that was substituted for the original Specter bill in 
the past--is a new program for bringing low-skilled workers into the 
United States, in addition to illegal aliens already doing these jobs. 
The program puts them on a direct path to citizenship. It is a new 
program.

[[Page 4258]]

  The new program would bring 400,000 low-skilled workers per year into 
the United States on a 3-year work visa. This visa is renewable for 3 
years. It is essentially a guaranteed entry for 6 years to work in the 
United States.
  This 400,000-per-year cap is supposed to be limited, they say to 
400,000. This is several times what the cap is today. I am mistaken--
several times this 400,000 is how many will be allowed to come in under 
an illegal system. But the cap that purports to be is completely 
artificial. If the cap is reached and actually 400,000 come in that 
year and an additional 80,000 visas can be given out that year, the cap 
will go up automatically the next year as much as 20 percent. By the 
sixth year this program will immigrate 2.4 million new low-skilled 
workers, at a minimum, into the United States.
  On day one, when the worker arrives in the United States, the 
employer can sponsor the alien for a green card. It gives them legal 
permanent status. Normally the employers or family members sponsor the 
alien before they have the right to permanent entry and a green card. 
But this is a major change. The person can sponsor himself and make his 
own application. So after 4 years of work, the new immigrants can self-
petition for a green card and then be eligible for citizenship.
  Normal grounds for inadmissibility, except for the most serious 
crimes on national security grounds, can be waived for a fee of $1,500. 
All legal permanent residents are eligible for citizenship after 5 
years. All legal permanent residents, green card holders, after 5 
years, are eligible for citizenship. If they have not been convicted of 
a felony, if they have basic English skills, they can become a citizen 
automatically. People all over this country and all over the world are 
waiting and hoping to be able to be selected to be able to come to the 
United States following the laws and rules.
  To be eligible to come to the United States under this low-skilled 
immigrant worker category, the alien is merely required to pay a $500 
application fee, undergo a medical examination, and show they are 
capable of performing the labor or services required, and have evidence 
of employment from ``employers, employer associations or labor 
representatives.'' Those are probably some of the people who have been 
leading these protests the last few days.
  Under the bill language, you can qualify for this new program and 
come to the United States as a low-skilled immigrant even if you were 
in removal proceedings and signed a voluntary departure agreement but 
never left, or you were already removed from the United States and 
illegally reentered. If you had been removed and illegally reentered, 
you are eligible.
  One might ask, why does this program cover these people? I thought 
the program was for people who wanted to come to the United States to 
work in the future, not for those who are already here. This provision 
is specifically designed to make sure that illegal aliens who are not 
covered by the bill's amnesty provisions because they did not work in 
the United States prior to January of 2004, or because they were not 
legally present in the United States on that day, are not left without 
a direct path to citizenship also.
  This bill covers everybody. It should be called ``no illegal alien 
left behind.'' I am not exaggerating. It is fixed so that if they are 
not covered under this ``magic'' date, January 7, 2004, they are 
covered under the new exemptions of the 400,000 people per year.
  Element three, the Dream Act. That was brought up several times. It 
never moved in the Senate. But boom, in 2 minutes, Senator Durbin 
offered the Dream Act and we voted on it in committee Monday afternoon 
as an amendment to the bill. It took him less than 2 minutes to get it 
in the bill as an amendment.
  The Dream Act does two things. It grants amnesty to an unlimited 
number of illegal alien minors who graduate from a high school and 
enroll in college or the military for at least 2 years, or who perform 
hours of volunteer work, or who can show ``compelling circumstances for 
the inability to do any of those three,'' and, two, eliminates United 
States Code section 1623 which I will describe below, thus allowing all 
illegal aliens enrolled in college to receive in-State tuition rates.
  This means that while American citizens from Tennessee, Georgia, 
South Carolina, Massachusetts, have to pay out-of-state tuition rates 
if they send their kids to the University of Virginia or the University 
of Alabama, people who have illegally immigrated into this country do 
not.
  How much sense does that make, to have people here illegally and they 
have more benefits than those who are here legally? Instead, they 
receive educational benefits paid by the taxpayers of Virginia and 
Alabama for in-State residents. I do not mean to suggest in any way 
there are not good kids out there. We need to figure out a way to 
accommodate them and work with those who have come here illegally. 
Maybe they came here a long time ago. Maybe they came here illegally as 
a junior or senior in high school. They came across the border and now 
they want to be on a direct path to citizenship.
  I am not saying we should not wrestle with how to treat them in a 
generous way, but should we give them more rights than we give to 
American citizens? When you do too much of this and you work at it too 
hard, pretty soon you end up with a mockery of law, an unprincipled 
bill that cannot be defended, and we are in the situation of wondering 
why would you want to bother to try to come into the country legally. 
Why not come illegally?
  So the Dream Act establishes a seamless process to take illegal 
aliens directly from illegal status to conditional permanent resident 
status, to legal permanent resident status, to citizenship.
  First, the illegal aliens who came here before age 16 and have been 
here for 5 years will be given conditional permanent residence through 
cancellation of removal if they have been admitted to college or have a 
GED or a high school diploma. So if you get your high school diploma or 
get yourself into college somewhere, whether you are passing or not, 
then you qualify for cancellation of removal.
  Step two, after 6 years, the alien will then be eligible to apply for 
a green card if they have attended 2 years of higher education, served 
2 years in the military, performed 910 hours of community service for 
an organization that receives funds under the Combined Federal 
Campaign, or prove an extreme and unusual hardship, and you have good 
moral character and do not have a deportable offense. It is a 
guaranteed step forward if you do not do something wrong and get 
yourself convicted of a felony.
  After 5 years, those green card holders can apply for citizenship and 
cannot be denied if they meet the basic standards of English and have 
no criminal history. Current law provides ``that an alien who is not 
physically present in the United States shall not be eligible on the 
basis of residence within a State or a political subdivision for any 
postsecondary educational benefit unless a citizen or national of the 
United States is eligible for such benefit in no less amount, duration 
and scope, without regard to whether the citizen or national is such a 
resident.''
  That is basically the law we passed several years ago, I think before 
I came to Congress. It said if you are here illegally, you do not get 
in-State tuition.
  We are going to reverse that. Congress just passed it 8 or 10 years 
ago. The DREAM Act would eliminate this provision and allow illegal 
alien college and university students to be eligible for in-State 
tuition without affording out-of-State students the same opportunity. 
Thus, the University of Alabama could offer in-State tuition to illegal 
alien students while requiring citizens residing in Mississippi to pay 
a much higher tuition rate. In fact, that is being done probably in 
violation of law in some areas right now.
  Allowing all the illegal aliens enrolled in college to receive in-
State tuition rates means that while American citizens from the 49 
other States have to pay out-of-State tuition rates to send their kids 
to the University of Alabama or Virginia, people who have illegally 
immigrated into this country

[[Page 4259]]

might not. Out-of-State tuition rates range from 2 to 3\1/2\ times what 
in-State tuition rates are. It has always struck me that one of the 
things you do to encourage people to come here legally and abide by the 
law, is not give benefits to those who come illegally. It is one thing 
not to prosecute them; it is one thing not to take them out of the 
country; but to give them benefits that people who do the right thing 
get? We should not do that. It is bad policy.
  So what about loans in the DREAM Act? I think this is still in the 
bill. We have not had a chance to see all of language. This was in the 
DREAM Act originally. I do not know if it is still in there under the 
Judiciary bill, but I assume it is. Under title IV of the Higher 
Education Act of 1965, as amended, legal permanent residents and 
certain other eligible noncitizens receive Federal student financial 
aid, including Pell grants and Stafford student loans. That is part of 
the 1965 act.
  The committee bill will add illegal students, illegal alien 
volunteers, and illegal alien military members to the list of people 
eligible, by changing their immigration status to that of a legal 
permanent resident. This change in status would make them eligible for 
Federal financial aid. Pell grants and Stafford loans currently 
comprise 85 percent of postsecondary student aid available to citizens 
and eligible noncitizens. In fiscal year 2002, 8.8 percent of the 
individuals receiving Pell grants were eligible noncitizens over 
380,000 people.
  We want to help people and be generous. But if you are in an illegal 
status, I do not see why there is an obligation to give the same extra 
benefits that you do to those who are lawfully here.
  Pell grants. The Federal Pell Grant Program is the single largest 
source of grant aid for postsecondary education funded by the Federal 
Government. There is already a current fiscal year Pell grant shortfall 
of over $2.5 billion. We have done a lot of different things to try to 
get money as high as we can get it this year. The fiscal year 2003 
estimated program costs are approximately $12.5 billion. The annual 
appropriations is $11.4 billion. Now we want to open up Pell grants to 
illegal aliens?
  Although Pell grants are a discretionary program, the cost of 
increasing the number of eligible recipients in an award year is 
considered direct spending, when the appropriations and maximum grant 
award for that year are already set in law and a payment schedule is 
published. Thus, we could be facing a budget point of order with this 
bill. In other words, since in a number of these instances the right to 
have a Pell grant for qualifying persons is an entitlement, making more 
people eligible for this entitlement could subject this bill to a 
budget point of order.
  The Congressional Budget Office estimates that 58,500 additional Pell 
grants would have been given within 1 year if last year's DREAM Act had 
passed, with an average grant being $2,420. How many people do not get 
a dime who try to send their kids to college, out of State maybe, 
people who have worked hard all their life, middle-class Americans? 
They do not get a dime. But somebody who is here illegally gets $2,400? 
I do not think that is fair. I do not think that is being insensitive 
to legitimate interests of people who want to come to America, who want 
to participate in the American dream, or is inhumane in any way.
  What about Stafford loans? The Congressional Budget Office estimated 
under last year's DREAM Act--the one that was offered last year but did 
not pass--65,000 would enroll during the first year and meet all other 
criteria. Because 1 in 10 students borrow student loans, the student 
loan costs would increase by $22 million per year over the 2003-to-2012 
period.
  While we were going about our business in committee, the AgJOBS bill 
was offered as an amendment. Well, we had a big fight on the AgJOBS 
bill last year. It was offered on the floor of the Senate. Senator 
Saxby Chambliss of Georgia, chairman of the Agriculture Committee, 
opposed the bill, offered a number of important amendments that I 
thought made it far more sane, far more appropriate, and the bill did 
not pass, after a great deal of debate.
  Well, in about 15 minutes, in the committee, Senator Feinstein 
offered the AgJOBS bill to the Specter bill, the committee bill. It was 
a 106-page amendment. It put 1.5 million illegal alien agriculture 
workers on a direct path to citizenship--just like that.
  How does it do it? After the Feinstein amendment, 1.5 million illegal 
alien workers who pay a $500 fine and demonstrate they worked in 
agriculture for 150 workdays in the last 2 years will be given blue 
cards and will be allowed to stay in the United States. Because a 
workday is defined as 1 hour of work per day, an alien who worked in 
agriculture for only 150 hours--there are 168 hours in a week--over 2 
years will qualify. So if you work 150 hours over 2 years, you qualify.
  Spouses and children of illegal alien agriculture workers also get 
legal status and work permits, and they are not limited to working in 
agriculture either.
  The blue card holder is eligible for a green card in two ways: after 
3 years of 150 additional workdays--1 hour per day is all that is 
required--per year or after 5 years of 100 additional workdays per 
year.
  Then, what about citizenship? For these who come here illegally, and 
they work 150 hours, what happens as to their citizenship? Even though 
they came here illegally, are they put on the path to citizenship? Yes. 
All legal permanent residents become eligible for citizenship after 5 
years.
  On May 18, 2004, the Washington Times published a column by Frank 
Gaffney, president of the Center for Security Policy, titled ``Stealth 
Amnesty'' dealing with the AgJOBS bill when it came up back in 2004. 
The article correctly summarized the AgJOBS bill when it said this:

       By the legislation's own terms, an illegal alien will be 
     turned into ``an alien lawfully admitted for temporary 
     residence,'' provided they had managed to work unlawfully in 
     an agricultural job in the United States. . . . Once so 
     transformed, they can stay in the U.S. indefinitely while 
     applying for permanent resident status. From there, it is a 
     matter of time before they can become citizens. . . .
       If any were needed, [the AgJOBS bill] offers a further 
     incentive to illegals: Your family can stay, as well. 
     Alternatively, if they are not with you, you can bring them 
     in, too--cutting in line ahead of others who made the mistake 
     of abiding by, rather than ignoring, our laws.

  What about the safe harbor provisions? Under the AgJOBS bill, which 
was added to this committee proposal without much debate, an illegal 
alien is undeportable as soon as the amnesty paperwork is merely filed. 
So if you file your amnesty paperwork and you are otherwise deportable, 
it automatically stops. No adjudication of the application is necessary 
to kick start the legal status of the illegal alien.
  Once an alien receives a temporary work visa, it never expires unless 
the worker is otherwise deemed deportable or applies for permanent 
residence and is denied. There is nothing temporary about a single 
temporary work visa lasting indefinitely. It is not temporary. The 
alien's blue card status can only be revoked if the alien is determined 
to be deportable, the blue card was acquired through fraud, the alien 
is convicted of a felony, three or more misdemeanors, or an offense 
which involves serious bodily injury or damage to more than $500 of 
property.
  What about all the legal stuff that gets involved with this? How do 
you prove all this stuff? The AgJOBS amendment even goes so far as to 
provide free legal counsel to illegal aliens who want to receive this 
amnesty. The AgJOBS amendment specifically states that recipients of 
``funds under the Legal Services Corporation Act'' shall not be 
prevented ``from providing legal assistance directly related to an 
application for adjustment of status under this section.''
  Not only will the AgJOBS bill give amnesty to 1.5 million illegal 
aliens, it would have the American taxpayer pay the legal bill of those 
1 million illegal aliens.
  We are going to work on something here. We are going to pass some 
legislation--if not this year, soon--that will work through all these 
difficult human issues and treat people in a fair and just way. Nobody 
is proposing that we do not. I mean that. There is a consensus in this 
Congress that it is time

[[Page 4260]]

for us to fix this problem, to deal with the 11 million people here 
illegally, to allow more people to come legally, and to shut down the 
border and stop people from coming illegally. But this legislation does 
not do that.
  People say: I want to vote for something. I want to fix it.
  Don't vote for this bill. It will not fix it. Not only does it give 
amnesty to 1.5 million illegals, it would have the American taxpayer 
pay the legal bills of the 1 million illegal aliens.
  What about the H2A farm workers? The sponsors of the AgJOBS bill will 
have you believe that farmers want the AgJOBS bill. They say: This is 
for agriculture. It has to be done. If you don't do this, the country 
is going to collapse. Maybe that is the case in the District of 
Columbia where the national groups get to write the letters and speak 
for their farmers and come in and tell us what farmers want, regardless 
of what the individual farmers have to say. One of those people talked 
to me about it.
  I said: That may be your opinion, Mr. Farm Leader, but if you took a 
poll of the farmers I know in my home State or the Presiding Officer 
knows in his home State, I will bet you 80 percent of them would agree 
with me that this is not a principled way to do business. This is not 
the right way to do business. We are not here to serve agribusiness. We 
are here to promote the national interests of the United States, to 
create an immigration system consistent with our generous values, and a 
legal system that will work, not to reward those who violate the law 
but provide the benefits to those who follow the law.
  Last year when we debated this bill, I received an open letter from 
the Southern Farmers Coalition. The letter is signed by a list of 
organizations and individuals who participate in the H2A program. The 
letter says: Overwhelmingly, the majority of H2A program users in this 
country--the list of signatories is expansive, including the North 
Carolina Growers Association, the MidAtlantic Solution, Georgia Peach 
Council, Ag Works, the Georgia Fruit and Vegetable Growers Association, 
the Virginia Agricultural Growers Association, the Vidalia Onion 
Business Council--I like Vidalia onions--and the Kentucky-Tennessee 
Growers Association. They all signed this letter. The cover page of the 
letter, contrary to what some national agricultural experts say, says 
this:

       Farmers in the southern United States are opposed to S. 
     1645--

  the same bill being offered as an amendment today, as part of this 
bill--

     introduced by Ted Kennedy and Larry Craig. It is an amnesty 
     for illegal farm workers. It does not reform the H2A program. 
     Please oppose this legislation.

  These are the farmers who are supposed to be helped by it. That is 
what they say about it: ``Please oppose this legislation.''
  The text of the letter, which asked me to stand up and fight against 
this legislation, states:

       Ag JOBS is nothing more than a veiled amnesty.

  I am reading this letter from the farmers themselves.

       Ag JOBS is nothing more than a veiled amnesty. While 
     everyone, it seems, agrees that the H2A program desperately 
     needs reform, this legislation does not fix the two most 
     onerous problems with the program--the adverse effect wage 
     rate and the overwhelming litigation brought by legal 
     services groups against the farmers using the H2A program.

  That is what the farmers told us. The letter goes on to say:

       The Craig-Kennedy-Berman reform package provides a private 
     right of action provision that goes far beyond legitimate 
     worker protections and expands legal services attorneys 
     ability to sue growers in several critical areas. These 
     lawyers, who have harassed program users with meritless 
     lawsuits for years, will continue to attack small farmers 
     under the new statute. Supporters of the Craig-Berman 
     legislation have endorsed this alleged reform, believing, in 
     a misguided fashion, that it will bring stability to the 
     agricultural labor market. It will not. It will create 
     greater instability. As the illegal farm workers earn 
     amnesty, they will abandon their farm jobs for work in other 
     industries. Many of the attached signatories have been 
     actively involved in negotiations surrounding this 
     legislation. The following groups have broken ranks with the 
     American Farm Bureau, the National Council of Agricultural 
     Employers, the Agricultural Coalition for Immigration Reform, 
     and the American Nursery and Landscape Association to oppose 
     the legislation because those groups have decided an amnesty 
     is more important than legitimate H2A reform. You are likely 
     to hear that the majority of agriculture supports this bill. 
     The industry, in fact, is split. History has demonstrated 
     that the amnesty granted under the Immigration Reform and 
     Control Act of 1986 was a dismal failure for agriculture 
     employers. Farm workers abandoned agricultural employment 
     shortly after gaining amnesty and secured jobs in other 
     industries.

  Of course, they did. So why should we pass this Judiciary bill, what 
I guess we can call the Specter-Kennedy package?
  Who supports the amendment? I know who supports the amendment. The 
national lobbying groups are really out of touch with the desires of 
the American people and the desires of farmers and the desires of those 
who want to see a good and decent system created.
  I don't believe I am out of touch on this issue. I believe I know 
what average American citizens and farmers want. They want real 
immigration reform that guarantees the laws we pass will be enforced 
and that people who do not honor our immigration laws will be punished, 
not rewarded with worker visas and green cards. So I strongly oppose 
the Specter-Kennedy bill that came out of committee, and I hope my 
colleagues will join in that.
  Now, earlier, Senator Leahy said that the 1986 bill Congress passed 
was amnesty. He said it was amnesty, and he admitted it was. ``Blacks 
Law Dictionary'' says that the 1986 bill was amnesty. It is the very 
definition of amnesty.
  By the way, when we passed that bill, it was supposed to fix the 
immigration problem. As I explained and talked about this morning, that 
is a very important concept. So the deal in 1986 was that we were going 
to give amnesty to 1 million people who we thought were here illegally. 
We now think there are 11 million here illegally. We are going to give 
amnesty to those, and we are going to create a legal system that 
encourages people to come legally and we won't have this problem again. 
Those who were dubious about it said: No, this amnesty would encourage 
more people to come illegally, but the pro-amnesty crowd won out and 
they passed the legislation and it became law.
  Well, what happened immediately afterward? It wasn't 1 million people 
who showed up to claim amnesty; it was 3 million--three times as many. 
I don't know how many will show up this time. Will it be 11 million or 
33 million? Probably not 33 million, but I would not be surprised at 
all, based on our history, if we would have a good many more show up 
and claim amnesty.
  Six years after the bill passed, the Congress, in a very unusual 
action, voted to form a commission to review the legislation to see if 
it worked. The commission, a bipartisan professional commission, did a 
study and said it was a failure. It did not work, did not do what it 
was supposed to do.
  Well, the Citizenship and Immigration Services tried to say that 1986 
was not amnesty. But everybody has agreed it was. CIS later explained 
what the 1986 bill did. I would like to go over it with you because 
this current bill does the very same things. It is just not disputable. 
So if we have any understanding of what an amnesty program is, we have 
the 1986 act to give us a guide. It says:

       The legalization program was not amnesty, but a targeted 
     program that balanced the offer of legalization with 
     stringent requirements.

  This is how they defended this problem.

       Legalization of applicants had to: prove to INS 
     adjudicators that they had resided in the U.S. since January 
     1, 1982--

  I went over with you how this bill said you had to be here since 
January 2004. If you came after 2004, you could still get in. That is a 
real stringent standard. You had to prove you resided there before that 
day--

     pay a $185 fee--

  We upped it to $1,000--

     for principal applicants, $50 for each child, with a $420 
     family cap; accept ineligibility

[[Page 4261]]

     for most public benefits for 5 years after application--

  We don't even do that in this bill. It says you could not go on 
welfare for at least 5 years. We did that in 1986. That is not in this 
bill today--

     and complete an 18-month period of temporary residency. After 
     that, and only after successfully completing an English 
     language and civics requirement within a year-long one-time 
     window--

  Which is a very low-grade test for the most part--

     and the payment of an $80 fee per applicant (with a $240 
     family cap) they were eligible to apply for permanent 
     residency. In exchange, the applicant would be authorized to 
     work, travel, and after becoming a permanent resident, 
     petition for the immigration of certain family members.

  They could bring family members in from out of the country to join 
them. Then, of course, once you become a permanent resident, it is a 
matter of 5 years to become a citizen, if you have not been convicted 
of a felony and you can speak English. I don't want to be demagogic and 
say this is amnesty, amnesty, amnesty, and vote against the bill. I am 
saying that everybody agreed that 1986 was amnesty, and it did not 
work.
  Everybody I hear publicly talking about this bill says it is not 
amnesty. Senator Kennedy, I think, used the word ``lie'' after I said 
it was amnesty this morning. I think I have demonstrated that it is 
precisely the same scheme that was used in 1986, which we proved didn't 
work. If that is not amnesty, what is? Senator Leahy defended the bill 
and said it is not amnesty. President Bush said he doesn't believe in 
amnesty. All he believes in is immigration, and he wants us to do 
better and be as generous as we can possibly be. But he doesn't believe 
in amnesty.
  Scott McClellan, yesterday at the press briefing he does for the 
President, said that the President believes that a direct path to 
citizenship is amnesty, and he opposes that.
  This bill provides a direct path to citizenship for people who came 
to this country illegally. That is just the fact. If we want to have 
people say it is not so, we will keep talking about it every day this 
week. That is all I am saying. I wish it weren't so. It is not 
necessary that we do that. We can provide a humane and decent way to 
give people full opportunities to live and progress in our society 
without giving the people who come here illegally benefits over those 
who wait in line and come legally. That is what it is all about.
  So I will just say that, in this rush to move a bill through and to 
prove that we care, we have not thought it through. We spent 5 days in 
markup in the Judiciary Committee, and about 4 of those days we really 
spent some time dealing with enforcement and border issues. We talked 
about them in some depth. We went over the wording of the statutes with 
some care. We debated single words. Senator Durbin, who is here, is a 
great lawyer. He made some points, being the skilled lawyer he is. We 
changed words and did all kinds of things.
  But when we got to the last day, Monday, they offered an AgJOBS bill, 
with over 100 pages, in about 15 minutes, and it passed. We still had 
not seen the draft of it. During the debate in our committee on how to 
handle the 11 million people in a decent, fair, and just way, to not 
remove them or make them all leave this country in a permanent way or 
to abuse them or prosecute them, but how to handle this in a logical, 
sane way--we spent almost no time on it.
  I urged the committee to stay with the enforcement matters like the 
House did. Let's start hearings immediately and get the best minds in 
America. Let's find out who these 11 million people are, their desires 
and wishes; what would be a good and principled way to deal with them; 
who we should let into our country in the future; what standards should 
we use; should we have unlimited numbers come in for low-wage jobs and 
have limits on the high-wage people? Is that logical, what we want to 
do?
  How many more people do we want to allow into our country legally? 
This bill will allow every year, annually, at least 400,000, and that 
number can increase every year, forever.
  I wish to make one more point, and this is where the American people 
have to watch this Congress. If we pass this amnesty legislation, if we 
pass the legislation that makes all these status changes and makes them 
into law and they become law, that becomes a permanent decision of this 
U.S. Congress.
  But what about the promises that we are going to have enforcement? I 
offered an amendment in committee that was accepted to add 10,000 
detention beds. That probably is not nearly enough, but it would make a 
big difference. That was accepted. I offered an amendment to increase 
the number of Border Patrol agents. It probably is not a large enough 
number, but it would ramp it up faster than the plan was, and that was 
accepted.
  Then it hit me. I have been in the Senate long enough, and I should 
have been more alert. This is an authorizing committee. The Judiciary 
Committee is an authorizing committee. We know what happened in 1986. 
They granted amnesty, they gave everybody amnesty, and they promised in 
the future they were going to fund an enforcement mechanism, but they 
didn't do it. It was the bait and switch.
  So what did we get? We got an authorization to step up enforcement on 
our borders, but we didn't get the money to do it. We don't have it 
yet. Who is to say we won't have a slowdown in the economy next year, 
and they will cut the money, we will never get the enforcement, and we 
will still have large numbers coming into the country illegally. That 
is a big concern to us.
  We need to tie this issue down so that we know and the American 
people can have confidence that the enforcement mechanisms will work 
and will be funded. That is why the House took the approach they did.
  I again say it is not true that those of us who oppose this bill 
oppose immigration. It is not true. We actually, at least as far as I 
am concerned, need to increase the numbers that come here legally. It 
is not true that we want to prosecute people.
  What is true is that it is important for our Nation to create a 
humane, fair, and just way to deal with the people who are here 
illegally and to make positive and thoughtful decisions about how we 
want to handle immigration in the future. I do not believe this bill 
does that job. It is not something I can support. I hope the Senate 
will not support it. We will see a number of amendments that can make 
it better. I hope our Senate colleagues will study the legislation and 
inform themselves of the great issues at stake so we can fix it.
  I yield the floor.

                          ____________________