CQ WEEKLY – WEEKLY REPORT
IMMIGRATION
May 28, 2007 – Page 1604

Immigration Overhaul Gains Ground in Senate

A carefully written overhaul of immigration laws survived a tough first week on the Senate floor, kept alive by a bipartisan group of senators who see passage on the horizon.

On May 24, after making it through four days of debate and a flurry of amendments from both directions, the three Democrats and four Republicans who led negotiations stood together at a news conference and breathed a momentary sigh of relief.

B o x S c o r e
Bill:

S 1348 — To provide for comprehensive immigration overhaul.


Latest Action:

Senate invoked cloture on a motion to proceed to the bill, 69-23, on May 21.


Next Likely Action:

Senate continues debate on the bill the week of June 4.


Reference:

Negotiators agree on plan; CQ Weekly, p. 1518; Reid pushes rewrite, p. 1453; border security law (PL 109-367) in 109th Congress, 2006 CQ Weekly, p. 2634; background, p 2286.

   

At times, they had to compromise, allowing the chamber to cut the size of the bill’s temporary guest worker program by at least half. But they stayed strong when amendments threatened to gut core elements of the agreement.

Twice the group defeated attempts by Democrats to rid the legislation of the temporary worker program — the second time by a one-vote margin, the closest vote all week.

And before leaving for the Memorial Day recess week, they easily warded off a Republican effort that would have stripped what immigration hard-liners view as the bill’s most contentious provision: the legalization of millions of illegal immigrants. The amendment by Louisiana Republican David Vitter failed, 29-66, with 26 Republicans voting against it. (Senate Vote 180, p. 1619)

It was enough to give Arlen Specter of Pennsylvania, the lead Republican negotiator of the compromise, reason to believe the Senate will pass the measure at the end of the second week of debate, in early June.

“We see essentially no enormous roadblocks, no poison pills, or no killer amendments ahead that we can’t deal with,” Specter said.

Even the thought of Senate colleagues returning home for a week in between the debate, where many are certain to hear vocal and angry opposition to the legislation, wasn’t enough to spoil the mood.

The extra week for amendments was made possible after Majority Leader Harry Reid, D-Nev., agreed May 21 to extend the debate, hoping to wrap up deliberations by June 8. That allowed a 69-23 procedural vote May 21 to begin debate on the bill, but it also gave interest groups and constituents more time to vent at their lawmakers. (Senate Vote 173, p. 1618)

“Yes, I have learned some new words from some of my constituents,” said Arizona Republican Jon Kyl, who has disappointed many of his traditional allies by signing on as a cosponsor of the legislation. He has been the target of vehement attacks on talk radio and conservative blogs.

“But I do think, as we have been able to explain the bill and to answer some of the questions and dispel some of the myths, people have begun to realize that the bill is not quite as bad as those who said it was before they have read it,” Kyl said.

Lindsey Graham of South Carolina, another Republican negotiator, said the recess week will work to the group’s advantage.

“I look forward to going back home and standing up for what I believe to be the right answer,” said Graham, who added he will be “listening to criticism, but time is on our side because our product is better than those who want to do nothing.”

Limiting Amendments

Democrats Edward M. Kennedy, Ken Salazar of Colorado and Dianne Feinstein of California, and Republicans Kyl, Graham, Specter, and Mel Martinez of Florida are leading the core group of senators who support the bill.

They spent the past two months negotiating the compromise package with the White House that was offered as a substitute amendment to placeholder immigration legislation (S 1348).

Now they are trying to keep the basic tenets of that substitute intact, while allowing senators a chance to offer amendments. With so many senators wanting to change the bill, a potential problem arose midweek.

Republicans met as a caucus May 23 and voiced concerns about Reid’s decision to have the chamber debate and vote on one amendment at a time. During the closed-door meeting, a number of Republicans complained that that process would have the effect of limiting members’ ability to offer amendments.

Reid dismissed their complaints. “We have a process that started 220 years ago. That’s what’s going on out there,” he said. “Anyone has the opportunity to offer amendments.”

A top priority for some Democrats is altering the guest worker program, which would allow low-skilled immigrants to work in the country for two-year stints, renewable twice provided that they returned home for one year in between.

Several Democrats have sharply criticized the program for lacking any direct path to citizenship — a criticism echoed by reliable allies such as unions and Hispanic advocacy groups.

On May 23, with the help of 27 Republicans, they agreed to adopt an amendment by New Mexico Democrat Jeff Bingaman, 74-24, that would reduce the number of work visas allowed under the program from at least 400,000 a year to 200,000 annually. (Senate Vote 175, p. 1618)

The amendment also eliminated an escalator clause that would adjust the cap to match demand for foreign workers.

But Democrats failed in two attempts to scrap the program altogether.

The Senate on May 22 defeated, 31-64, an amendment by North Dakota Democrat Byron L. Dorgan that would have eliminated the guest worker provision from the bill. (Senate Vote 174, p. 1618)

And on May 24, senators defeated, 48-49, an amendment by Dorgan that would have terminated the guest worker program after five years. The amendment failed because fellow Democrat Daniel K. Akaka of Hawaii changed his vote to “no” after being approached by Kennedy on the floor. (Senate Vote 178, p. 1619)

When asked what he said to Akaka, Kennedy told reporters, “Just, ‘Hello, can you help us out?’ ”

The lead negotiators fought off other efforts, sometimes winning by the narrowest of margins. The Senate defeated, 48-49, an amendment by Republican Norm Coleman of Minnesota that would have allowed officials of federal, state or local government entities to question individuals about their immigration status if the officials have probable cause to believe the individuals lack legal status. (Senate Vote 177, p. 1618)

The group did accommodate a few detractors, with some give and take.

An amendment by New Hampshire Republican Judd Gregg, adopted by voice vote, would boost the border security and enforcement “triggers” in the bill that would have to be met before the temporary worker program could be put in place.

Among the changes under Gregg’s amendment, those triggers would require 20,000 border patrol agents instead of 18,000; 300 miles of vehicle barriers along the border instead of 200; and 31,500 detention beds instead of 27,500.

Kennedy initially opposed the higher triggers and moved to table the amendment, citing Homeland Security Secretary Michael Chertoff’s assurances that the border security provisions in the agreement are sufficient.

The two quickly reached an accommodation, with Kennedy winning an assurance from Gregg that he would be open to some further adjustments to the numbers when the bill goes to conference.

An amendment by Bernard Sanders, a Vermont independent, would assess companies that hired technology industry workers through the H-1B visa program a $3,500 surcharge on top of other fees. The money would go to a scholarship fund, awarding up to $15,000 a year to various U.S. students. Sanders initially set the surcharge at $8,500, but agreed to lower it. His measure was adopted, 59-35. (Senate Vote 179, p. 1619)

Some amendments were easily adopted by voice vote:

• A Graham proposal that would establish new mandatory minimum sentences for individuals caught trying to re-enter the United States after being deported. Those who were apprehended re-entering the country would face a jail term of between 60 days and one year. A second offense would bring a minimum two-year sentence.

• An amendment by Feinstein that would establish procedures and standards to protect thousands of undocumented children who are in the country unaccompanied.

• A proposal by Arizona Republican John McCain that would require applicants for Z visas, which grant probationary status to undocumented workers, to pay state and federal taxes, including penalties and interest, owed for any year of employment in the United States for which the period for assessing a deficiency had not expired.

The Senate also adopted, 87-9, an amendment by Akaka that would exempt children of certain Filipino World War II veterans from the numerical limitations on immigrant visas. (Senate Vote 176, p. 1618)

More Battles Ahead

Contentious amendments from members of both parties await senators when they return from the Memorial Day recess.

Minority Leader Mitch McConnell, R-Ky., offered an amendment that would require voters to present a photo ID to be eligible to cast their ballots in federal elections.

Democrat Robert Menendez of New Jersey and Republican Chuck Hagel of Nebraska have offered an amendment that would move a cutoff date for those currently awaiting green cards from May 2005 to January 2007. The change would allow a larger group of legal immigrants to receive permanent status in the next eight years. Menendez said all of those who would be affected by the cutoff date are family members of U.S. citizens and permanent residents.

It’s been called a deal-breaker by supporters of the compromise bill, but that hasn’t deterred Menendez.

“Deal-breakers vary,” said Menendez, noting that the group is weighing a modified version of an amendment from Texas Republican Kay Bailey Hutchison that would move up the “touchback” requirement for illegal immigrants who wished to stay in the United States.

The bill would require applicants to return home before becoming eligible for green cards and give them eight years to do so if they wanted to be eligible for citizenship as quickly as possible; Hutchison wants that reduced to within 18 months of the bill’s enactment.

“That’s a huge concession,” said Menendez. “Seems to me there has to be a huge concession for families, too.”

Source: CQ Weekly
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