Thursday, May 25, 2006

62-36 Bill Passes Senate

After much drama over the past 4-5 months, the Senate passed a patchwork immigration bill today.

A coalition of 62 Democrats and Republicans worked through most of their differences. The 36 dissenters were mostly hard-line immigration enforcers who object to what they see as amnesty for undocumented immigrants. (A related question: why did Senators Rockefeller and Salazar miss such a historic vote? Perhaps the sidelines are safer in this debate?). You can see the final votes by reading the Final Senate Roll Call.

After the flurry of the amendment process, a large part of the legalization program made it through intact. That means that 2/3 of undocumented people in the country today have a little better chance of getting some sort of immigration status. There are still nasty surprises in the bill, like 20,000 new detention beds, 300+ miles of a border wall, new methods to de-legalize thousands of DOCUMENTED immigrants. This poses a quandary for immigrant rights advocates.

The next test will be if the bill makes it through the Conference Committee where representatives will try to reconcile it with the infamous House bill HR 4437. Senator. Patrick Leahy of Vermont, the ranking Democrat on the Judiciary Committee, said what meaning people have been thinking: "it is still a 50-50 proposition to get a bill [through the conference committee and] on the president's desk".

At the end of the day, commentators are seeing this as a test of the Republican party. Senators claimed they were listening to their constituents but they seem to have heard different things. Reckoning day won't come until November with the mid-term elections.

Senators and representatives still have the Conference Committee to prove their mettle. Senator Specter admitted as much in closing statements today. "There is an important issue, political issue, about the ability of Republicans to govern," the Judiciary Committee chairman said. "There is an election in November, and our leadership positions as Republicans is on the line. And I think that will weigh heavily in the conference."

Tuesday, May 23, 2006

Senate wrapping up amendments, preparing to vote

This week the Senate is wrapping up debate about amendments to the Hagel-Martinez Compromise Bill. Some of the amendments are bad and would toughen the legislation. Other amendments would take out some of the sharpest (and unjust) teeth in the legislation (like the ones listed below by the Rights Work Group).

Today the Senate voted on Senator Dianne Feinstein's "orange card" proposal, to treat all undocumented immigrants the same rather than arbitrarily breaking them into three groups. Feinstein doesn't find it feasible that guest workers will go home to apply for the program or that it is possible to deport a third of undocumented immigrants (under the Hagel-Martinez plan). Many senators thought Dianne's plan was a deal breaker and as a result her amendment went down in flames.

You can see other votes by reading the Senate Roll Call.

On Monday Bill Frist filed for "cloture" which means that there will be soon be no more debate on the bill. It's not clear if this means that the Senate will vote on the bill and the approved amendments on Wednesday or Thursday.

Listen to some choice quotes from senators on National Public Radio: Senate May Vote on Immigration Bill This Week

-------------------------------------

More on up-coming amendments from the Rights Working Group:

"..We are forwarding an urgent request for action in support of the following amendments. Votes could take place as early as this afternoon on these amendments. Please call your Senator and ask them to support these amendments:

1. Feingold # 4083: This amendment would eliminate Section 227(c) of the Senate immigration bill, a provision that would make it difficult for individuals in removal proceedings including citizens, lawful permanent residents, asylum seekers, torture survivors and others to stay in the U.S. while their immigration case is appealed.

2. Durbin Amendment #4142: The Durbin amendment would provide a humanitarian waiver so the government would have discretion to consider an individual's personal circumstances and hardship when it determines whether to allow certain non-citizens to stay in the U.S.

3. Lieberman # 4036: The Lieberman amendment would protect asylum seekers from prosecution for using false documents.

4. Leahy Coleman amendment #3974: Amendment seeks to restore protection to refugees who are prevented from resettling to the United States based on the material support definitions in the PATRIOT Act and the REAL ID Act. See more information from a LIRS Action Alert

5. Brownback-Lieberman: This amendment would implement the findings of the U.S. Commission on International Religious Freedom regarding parole of asylum seekers and immigration detention conditions.

Please visit the Rights Working Group website for more information about amendments and howto contact your Senator."

ACTION STEP: Call your senators and ask them to support the amendments above. Give their staffer who answers the phone the names and numbers listed above. Click here for a list of Senate office contact information.

-----------------------

LIST OF AMENDMENTS from the National Immigration Forum
5/23/2006, 7:10pm EST (PARTIAL)

Questions or Corrections? Contact Shoba Sivaprasad Wadhia (ssivaprasad@immigrationforum.org)

Action Taken

1. Isakson Enforcement Only- mandates an “enforcement only” approach by delaying the implementation of a legalization program until the borders are secure- VOTED DOWN 55-40

2. Salazar Side by Side (to Isakson)- provides that the Secretary of Homeland Security must certify that the land borders are secure and that enforcement authorizations are met and operational before a program to legalize unauthorized aliens can come into effect. PASSED 79-16.

3. Dorgan-Stabenow Elimination of Temporary Worker Program: MOTION TO TABLE PASSED 69-28 (which means the amendment is dead)

4. Bingaman-Feinstein Reduction of Temporary Worker Visas: Lowers the number of temporary workers authorized for “essential” jobs to 200,000, and eliminates the market-based cap adjustment in the Senate bill. MOTION TO TABLE REJECTED 18-79. ADOPTED BY VOICE VOTE.

5. Kerry Increased Border Equipment: Amendment to increase border security and related equipment. ADOPTED BY VOICE VOTE.

6. Kyl-Cornyn Bars to Participation: would make the following aliens ineligible: (a) subject to final orders, (b) failure to depart under VD, (c) been convicted of a serious crime here or believed to have committed serious crime abroad, danger to national security, etc., and (d) 3 misdemeanors or 1 felony. Includes a limited discretionary waiver. PASSED 99-0

7. Obama-Feinstein-Bingaman Guestworker Proposal on Prevailing Wage and Protecting Unemployed Americans: would establish a prevailing wage for all occupations ...directs the employer to use Department of Labor data for calculating a prevailing wage in cases where neither a collective bargaining agreement exists nor the Service Contract Act governs. …The bill currently bars use of the program if unemployment rates for low-skilled workers in a metropolitan area average more than 11%. Obama amendment lowers that to 9% of workers unemployed with a high school diploma or less. ACCEPTED ON VOICE VOTE

8. Sessions – Fence- Border Fence- PASSED 83-16


9. Stevens amendment extending the deadline given to the Secretary of Homeland Security for the implementation of a new travel document plan for border crossings to June 1, 2009.PASSED BY VOICE VOTE

10. Santorum – to allow additional countries to participate in the visa waiver program under section 217 of the Immigration and Nationality Act if they meet certain criteria. PASSED BY VOICE VOTE

11. Vitter-Grassley: Strike Earned Legalization and AgJOBS: This amendment strips the heart of this bill's provisions that deal with undocumented immigrants. It strikes the bipartisan compromise proposal to legalize millions of undocumented workers. It also strikes the AgJOBS legislation that so many members of Congress from both sides of aisle, support. In short, it guts real immigration reform. - VOTED DOWN 66-33

12. Kyl-Cornyn: Strike Self Petition: This amendment would prevent temporary workers from petitioning for legal permanent residency on their own. Right now, the Senate compromise allows H-2C temporary workers to apply for a green card if their work is needed long-term. Access to legal permanent residency—independent of an employer—is a key labor protection for these workers. PASSED 50-48

13. Kennedy-McCain-Graham Side by Side to Cornyn Amendment Striking Self-Petition: This amendment would restore some options for temporary workers to self petition for lawful permanent resident status. PASSED 56-43

14. Ensign Social Security: This amendment is designed to prevent lawfully present immigrant workers from claiming Social Security based on earnings credited before they were authorized to work in the United States. Taking benefits away from workers who pay into the system is unfair and un-American. MOTION TO TABLE AGREED TO 50-49

15. Inhofe-Sessions English Language and Naturalization Requirements: OPPOSE. This amendment is unnecessary and divisive. Immigrants want to learn English, and Congress should create more opportunities for them to take English classes rather than impose English-only requirements and make the bar for citizenship even higher. PASSED 63-34

16. Kyl-Cornyn: Strike Path to Green Card for Temporary Workers: This amendment strips any opportunity for a temporary worker to adjust to a permanent residence. Many jobs may become permanent, and employers may want workers to stay permanently. Workers may decide to remain in the U.S. permanently. This bill does not provide them with that choice. Rather, it creates an underclass of temporary workers that can not become full participating members in U.S. society. We must provide temporary workers with the opportunity to obtain permanent legal status. MOTION TO TABLE PASSED 58-35

17. Clinton Amendment- To establish a grant program to provide financial assistance to States and local governments for the costs of providing health care and educational services to noncitizens, and to provide additional funding for the State Criminal Alien Assistance Program. REJECTED 43-52

18. Cornyn Amendment- would require aliens seeking adjustment of status under section 245B of the Immigration and Nationality Act or Deferred Mandatory Departure status under section 245C of such Act to pay a supplemental application fee, which shall be used to provide financial assistance to States for health and educational services for noncitizens. PASSED 64-32

19. Vitter Document Requirements– would modify the document requirements for showing employment eligibility under earned legalization; would strike the “intent of Congress” clause that takes into account the difficulty in obtaining and providing documents - PASSED ON VOICE VOTE

20. Nelson Detention- Increase in Bedspace- PASSED ON VOICE VOTE

21. Akaka – Veteran Related Amendment – would exempt certain children of Filipino WW II veterans from the family cap- PASSED ON VOICE VOTE

22. Chambliss Amendment to the AgJOBS Farmworker Immigration Compromise- would lower the wages of agriculture workers and undercut the AgJOBS compromise. MOTIONT TO TABLE PASSED 50-43

23. Senator Ensign – would authorize the use of the National Guard to secure the southern border of the United States. PASSED 83-10.

24. Feinstein Orange card program: legalization program that applies uniformly eligible applicants. REJECTED 37-61

25. Leahy-Coleman Material Support: This amendment creates a limited exception to the terrorist related grounds of inadmissibility for aliens who provide involuntary material support. MOTION TO TABLE PASSED 79-20

26. Grassley Title III- PASSED 58-40

27. Kennedy- Enhanced Labor Laws—MOTION TO TABLE PASSED 56-41

28. Durbin Amendment on Humanitarian Waiver – Provides a limited humanitarian waiver for some immigrants who are subject to deportation under the new penalties in Title II of the bill. Lessons from 1996 teach us that creating broad new immigration penalties without any discretion to consider the facts of particular cases hurts well-intentioned immigrants, and leads to permanent separation from their families. The waiver would not be automatic, but instead provide the Attorney General or the Secretary of Homeland Security with the discretion to waive deportation for those with compelling equities. Specifically, the immigrant would have to show that his lawful permanent resident or U.S. citizen spouse, child or parent would face “extreme hardship” if he were deported. MOTION TO TABLE PASSED 63-34.

29. Lieberman – Asylum --protects certain vulnerable populations from prosecution under new document fraud provisions. PENDING

Lined Up for Consideration

1. Gregg - would require that aliens with higher educational degrees receive the majority of the diversity visas

2. Hutchison: SAFE Visa Program: This amendment creates a new temporary work visa (SAFE visa) without any path to permanent residency. Also has a return requirement.

3. Burns

4. Chambliss – modifications to AgJOBS program

5. Sessions - denying immigrants access to the Earned Income Tax Credit

6. Feingold- strikes the provision that would virtually eliminate the ability for immigrants to obtain a stay of removal while their cases are pending in federal court

7. McConnell amendment --would require, by January 1, 2008, that voters at polling places show federally-mandated photo identification, pursuant to the “REAL ID Act of 2005”

8. Cornyn-Kyl: Strike Confidentiality Provisions: This amendment strikes provisions that would preserve the confidentiality of information furnished by applicants for legalization. This will serve as a disincentive for undocumented immigrants to come out of the shadows.
Other Democratic or Bipartisan Amendments that May Come Up (Random Order)
1. Brownback-Lieberman: Restore Protections for Asylum Seekers and Detention: This amendment would provide important protections for asylum seekers and help to ensure an effective and humane system of immigration detention.

2. Biden – ensures that victims of domestic violence and other vulnerable populations are still given access to removal relief under cancellation, etc.

3. Kerry Unchecked Power Amendment: Would strike or amend various provisions in Title II of the Judiciary bill regarding detention, deportation, and naturalization of immigrants in order to protect against the concentration of unchecked powers in the hands of unaccountable executive branch employees. For example, it would prevent the use of secret evidence in determining whether a person has “good moral character” for immigration or naturalization purposes.

4. Document Fraud Exemption: The bill contains internally inconsistent “document fraud” penalties that have the potential to destroy the very foundation of the new structure. The compromise applies these new penalties to conduct following enactment and could impact (unintentionally) those who use a false document or omit or make a false statement in an I-9 form in order to work after enactment. This could cover individuals who presented the false document or made the false statement to gain employment prior to enactment and who continued to work pursuant to such false statement or document post-enactment. We need a special rule for individuals eligible to apply for relief under this Act.

5. Improvements to the DMD program for undocumented immigrants with less than five years in the U.S.

6. Title III substitute

7. NCIC provisions elimination (Lieberman): Strikes the provision in the bill that would mandate DHS to input immigration information into the NCIC. ICE opposes this provision.

8. Strike “continuing offense” language in criminalization provision/EWIs (Durbin) would delete a backdoor criminalization provision. It amends a provision in the Judiciary bill that would eliminate the statute of limitations for the crime of entry without inspection. Under current law, entry without inspection is subject to a 5-year statute of limitations.

9. Leahy Injunctions: Deletes severe limitations on court relief for constitutional or immigration law violations.

10. DOL enforcement

11. Advertisements with inclusion of health insurance benefits

12. Altering definition of individual contractor

13. Labor laws applied in Mariana Islands

14. Obama amendment would authorize a small amount of money to the FBI to improve the speed and accuracy of the background and security checks conducted on behalf of the Bureau of Citizenship and Immigration Services.

Other Republican Amendments that May Come Up (Random Order)

Note, some of these descriptions came from the Republican Policy Committee, so we encourage you to read the amendments on Thomas (search on S. 2611 and go to bill status/amendments).

1. Senator Burns - This amendment would prohibit the counting of illegal aliens for reapportionment purposes.

2. Senator Grassley - This amendment would require that unauthorized aliens pay all back taxes before legalization (Note: S. 2611 only requires that Group 1 aliens pay taxes for 3 of the 5 years that they were a resident in the United States).

3. Senator Santorum - This amendment would provide that to obtain a visa under the H-1B visa cap, a foreign professor who intends to teach at an American university must speak understandable English.

4. Senator Sessions - This amendment would clarify that unauthorized aliens who are legalized are prohibited from public benefits.

Thursday, May 18, 2006

The Amendments Continue...

The Senate is still considering amendments to the immigration bill and it's not a pretty sight. The onslaught of proposed additions and changes is long, just like Senator Harry Reid predicted.

One of the best amendments, the Lieberman-Brownback detention conditions amendment, was set back by last minute (and unfounded) objections by the Department of Homeland Security. Senators Brownback and Lieberman intend to pursue a vote on their asylum protection amendment (#4020), possibly on Tuesday, although it may be difficult to get a slot for the amendment. Advocates in Washington report that the Senators would greatly appreciate any help you can provide in spreading word of this amendment to other interested groups. Calls and letters to Senate offices are very helpful.

Please find below an updated list of all the other amendments thanks to Shoba Sivaprasad at National Immigration Forum (not exhaustive and far from perfect). To view vote reports, please follow the link at: Senate Roll Call

LIST OF AMENDMENTS
5/17/2006, 8:20pm EST (PARTIAL)

Questions or Corrections? Contact Shoba Sivaprasad Wadhia (ssivaprasad@immigrationforum.org)

Action Taken

1. Isakson Enforcement Only- mandates an “enforcement only” approach by delaying the implementation of a legalization program until the borders are secure- VOTED DOWN 55-40

2. Salazar Side by Side (to Isakson)- provides that the Secretary of Homeland Security must certify that the land borders are secure and that enforcement authorizations are met and operational before a program to legalize unauthorized aliens can come into effect. PASSED 79-16.

3. Dorgan-Stabenow #4017 Elimination of Temporary Worker Program: MOTION TO TABLE PASSED 69-28 (which means the amendment is dead)

4. Bingaman-Feinstein Reduction of Temporary Worker Visas: Lowers the number of temporary workers authorized for “essential” jobs to 200,000, and eliminates the market-based cap adjustment in the Senate bill. MOTION TO TABLE REJECTED 18-79. ADOPTED BY VOICE VOTE.

5. Kerry Increased Border Equipment #3337: Amendment to increase border security and related equipment. ADOPTED BY VOICE VOTE.

6. Kyl-Cornyn Bars to Participation: would make the following aliens ineligible: (a) subject to final orders, (b) failure to depart under VD, (c) been convicted of a serious crime here or believed to have committed serious crime abroad, danger to national security, etc., and (d) 3 misdemeanors or 1 felony. Includes a limited discretionary waiver. PASSED 99-0

7. Obama-Feinstein-Bingaman Guestworker Proposal on Prevailing Wage and Protecting Unemployed Americans: would establish a prevailing wage for all occupations, directs the employer to use Department of Labor data for calculating a prevailing wage in cases where neither a collective bargaining agreement exists nor the Service Contract Act governs. …The bill currently bars use of the program if unemployment rates for low-skilled workers in a metropolitan area average more than 11%. Obama amendment lowers that to 9% of workers unemployed with a high school diploma or less. ACCEPTED ON VOICE VOTE

8. Sessions – Fence- Border Fence- PASSED 83-16

9. Vitter-Grassley: Strike Earned Legalization and AgJOBS: OPPOSE. This amendment strips the heart of this bill's provisions that deal with undocumented immigrants. It strikes the bipartisan compromise proposal to legalize millions of undocumented workers. It also strikes the AgJOBS legislation that so many members of Congress from both sides of aisle, support. In short, it guts real immigration reform. - VOTED DOWN 66-33

10. Kyl-Cornyn: Strike Self Petition: This amendment would prevent temporary workers from petitioning for legal permanent residency on their own. Right now, the Senate compromise allows H-2C temporary workers to apply for a green card if their work is needed long-term. Access to legal permanent residency—independent of an employer—is a key labor protection for these workers. PASSED

Lined Up for Consideration

1. Potential Amendment by Kennedy

2. Inhofe-Sessions English Language and Naturalization Requirements: This amendment is unnecessary and divisive. Immigrants want to learn English, and Congress should create more opportunities for them to take English classes rather than impose English-only requirements and make the bar for citizenship even higher.

3. Ensign Social Security: This amendment is designed to prevent lawfully present immigrant workers from claiming Social Security based on earnings credited before they were authorized to work in the United States.

4. Vitter Document Requirements– would modify the document requirements for showing employment eligibility under earned legalization; would strike the “intent of Congress” clause that takes into account the difficulty in obtaining and providing documents

11. Nelson Detention- Increase in Bedspace

12. Akaka – Veteran Related Amendment

13. Kyl-Cornyn: Strike Path to Green Card for Temporary Workers: This amendment strips any opportunity for a temporary worker to adjust to a permanent residence. Many jobs may become permanent, and employers may want workers to stay permanently. Workers may decide to remain in the U.S. permanently. This bill does not provide them with that choice. Rather, it creates an underclass of temporary workers that can not become full participating members in U.S. society. We must provide temporary workers with the opportunity to obtain permanent legal status.

14. Brownback-Lieberman: Restore Protections for Asylum Seekers and Detention: This amendment would provide important protections for asylum seekers and help to ensure an effective and humane system of immigration detention. RESCHEDULED.

15. Chambliss Amendments to the AgJOBS Farmworker Immigration Compromise: These amendments would severely weaken and undercut the AgJOBS compromise.

16. Cornyn-Kyl: Strike Confidentiality Provisions: This amendment strikes provisions that would preserve the confidentiality of information furnished by applicants for legalization. This will serve as a disincentive for undocumented immigrants to come out of the shadows.

17. Hutchison: SAFE Visa Program: This amendment creates a new temporary work visa (SAFE visa) without any path to permanent residency. Also has a return requirement.

18. Potential Amendment By Kyl to Strike Earned Legalization Program with Legal Permanent Residence Path

19. Leahy-Kohl Material Support: This amendment creates a limited exception to the terrorist related grounds of inadmissibility for aliens who provide involuntary material support.

Other Democratic or Bipartisan Amendments that May Come Up (Random Order)

1. Humanitarian/catch-all waiver: The compromise contains new penalties that would subject many immigrants—even long-time legal permanent residents—to criminal prosecution, deportation, detention, and/or ineligibility for most immigration benefits. Lessons from 1996 teach us that creating broad new immigration penalties without any discretion to consider the facts of particular cases hurts well-intentioned immigrants, and separates them from their families. If Congress is unable to address all of the issues of concern in Title II, at the very least it must include a discretionary waiver for these penalties to prevent unintended consequences. The waiver would not be automatic, but instead provide the Attorney General or the Secretary of Homeland Security with the discretion to exempt from punishment those with compelling equities. (nothing filed to our knowledge)

2. Kerry Unchecked Power Amendment: Would strike or amend various provisions in Title II of the Judiciary bill regarding detention, deportation, and naturalization of immigrants in order to protect against the concentration of unchecked powers in the hands of unaccountable executive branch employees. For example, it would prevent the use of secret evidence in determining whether a person has “good moral character” for immigration or naturalization purposes.

3. Document Fraud Exemption: The bill contains internally inconsistent “document fraud” penalties that have the potential to destroy the very foundation of the new structure. The compromise applies these new penalties to conduct following enactment and could impact (unintentionally) those who use a false document or omit or make a false statement in an I-9 form in order to work after enactment. This could cover individuals who presented the false document or made the false statement to gain employment prior to enactment and who continued to work pursuant to such false statement or document post-enactment. We need a special rule for individuals eligible to apply for relief under this Act.

4. Amendments to the doc fraud penalties re: asylum seekers (Lieberman): Ensures that people who have applied for asylum or other forms of relief listed affirmatively (or, theoretically, are already in removal proceedings and have already made an application for such relief at the time when their prosecution is contemplated) will not be subject to prosecution if their applications are granted and may, but need not necessarily be, referred for prosecution if their cases are denied and they are ordered removed.

5. Improvements to the DMD program for undocumented immigrants with less than five years in the U.S.

6. Title III substitute

7. NCIC provisions elimination (Lieberman): Strikes the provision in the bill that would mandate DHS to input immigration information into the NCIC. ICE opposes this amendment.

8. Strike “continuing offense” language in criminalization provision/EWIs (Durbin) would delete a backdoor criminalization provision. It amends a provision in the Judiciary bill that would eliminate the statute of limitations for the crime of entry without inspection. Under current law, entry without inspection is subject to a 5-year statute of limitations.

9. Orange card program (Feinstein): Treat all undocs alike; details are still being finalized by a stricter criminal bar is contemplated in exchange for broader legalization.

10. Leahy Injunctions: Deletes severe limitations on court relief for constitutional or immigration law violations.

11. Clinton-Obama on impact assistance grants for states and localities

12. DOL enforcement

13. Advertisements with inclusion of health insurance benefits

14. Altering definition of individual contractor

15. Labor laws applied in Mariana Islands

Other Republican Amendments that May Come Up (Random Order)

Note, some of these descriptions came from the Republican Policy Committee, so we encourage you to read the amendments on Thomas (search on S. 2611 and go to bill status/amendments).

1. Senator Burns - This amendment would prohibit the counting of illegal aliens for reapportionment purposes.

2. Senator Cornyn - This amendment would require that some of the fees and fines paid by unauthorized aliens to become legalized go to a health care fund to reimburse hospitals

3. Senator Ensign - This amendment provides reimbursement for the use of National Guard to protect the border.

4. Senator Grassley - This amendment would require that unauthorized aliens pay all back taxes before legalization (Note: S. 2611 only requires that Group 1 aliens pay taxes for 3 of the 5 years that they were a resident in the United States).

5. Senator Gregg - This amendment would require that aliens with higher educational degrees receive the majority of the diversity visas (Note: the "Diversity Visa Lottery" provides 55,000 green cards to aliens based on immigration volume from each country for the past 5 years; therefore, it disadvantages countries with high immigration in the very recent past. An alien can qualify by submitting an application and having the equivalent of a high school diploma. Currently, the lottery provides visa numbers that heavily favor African and East European nationalities).

6. Senator McConnell - Voting amendment.

7. Senator Santorum - This amendment would provide that to obtain a visa under the H-1b visa cap, a foreign professor who intends to teach at an American university must speak understandable English.

8. Senator Santorum - This amendment would add countries to the Visa Waiver Program that contributed substantially to U.S. coalition efforts in the war in Iraq and Afghanistan, and that are members of the European Union. (Note: this amendment is designed to allow Poland visa waiver status. Poland is not close to meeting the current requirements of visa waiver program, but claims statistics are skewed against Polish applicants. It is clearly a domestic political concern of the Polish government.)

9. Senator Sessions - This amendment would clarify that unauthorized aliens who are legalized are prohibited from public benefits.

Wednesday, May 17, 2006

Bush's speech and the Fight over Amendments

President Bush seems to done what few others have done in the present immigration debate: make both sides of the issue agree on something. Trouble is that they agree that Bush's proposals are unworkable, unwise and poorly-staged PR...although for different reasons.

Mark Krikorian of the anti-immigrant Center for Immigration Studies suggested it was "Harry Houdini"-style politics with a lot of smoke and mirrors. Immigrant rights advocates, like AFSC, are concerned about the 'militarization' of the border. Advocates point out that the National Guard has been stationed at the border before and actually resulted in the death of a young Mexican man not long ago. Other advocates oppose the guest worker program and the tiered system for earned legalization.

Others see the President's speech as solidfying votes in the Senate where the fight right now is over amendments to the Hagel-Martinez compromise.

First at bat on Tuesday was Senator Johnny Isakson from the Great (Now Anti-Immigrant) State of Georgia. His amendment sought to prohibit any changes to immigration law UNTIL the border with Mexico is secured. According to the Washington Post, Isakson said "Listen, this country put a man on the moon in nine years. This country responded to the terrorist attacks on 9-11 within three weeks. This country can do anything it sets its mind to." Senator Harry Reid of Nevada, called it a "killer amendment" and others, like Ted Kennedy argued that a comprehensive approach is needed.

The Isakson amendment failed with the opposition of 36 Democrats, 18 Republicans and one independent. The Washington Post pointed out that the entire senior GOP leadership was among the supporters [for the Isakson amendement], including Majority Leader Bill Frist of Tennessee and Elizabeth Dole of North Carolina, who heads the GOP campaign committee.

Sen. Byron Dorgan, a Democrate from North Dakota tried to get an amendment approved that would have excluded foreigners and recent illegal immigrants from a new guest worker program that could provide jobs for millions over the next decade. The amendment was sunk by 69 against and 28 for his amendment.

The Senate approved two amendments: one by Sen. Jeff Bingaman, D-N.M., to limit the guest worker program to 200,000 individuals a year, the other by Sen. John Kerry, D-Mass., to hire 1,000 more Border Patrol agents and purchase new helicopters and boats.

ACTION STEPS: Check out the previous post about the Detention Watch Network's National Call-In Day. You can still call in and express your opposition to the detention provisions.

Also consider calling Bill Frist (202-224-3344) and Elizabeth Dole (202-224-6342) to express your disappointment in them for voting for the Isakson amendment.

Tuesday, May 16, 2006

Call the Senate today!

The Detention Watch Network (DWN) is promoting a national CALL-IN DAY this week about the bad detention provisions in the Senate proposals. Your calls will certainly help. A recent article in New America Media reports that anti-immigrant calls coming in to Senate offices are out-numbering pro-immigrant calls by as much as 20 to 1.

Here's more from the DWN coordinator Andrea Black:

The Senate returned to the immigration debate yesterday. Advocates are working hard to help Senate staffers eliminate the worst enforcement provisions and add as many ameliorative provisions as possible given the current political climate. They are focusing on a manager's amendment and a substitute Title II that encompass a range of "fixes". At the same time, advocates are focusing on several specific amendments including:

Alternatives to detention and detention standards “SECURE AND SAFE DETENTION AND ASYLUM ACT” LIEBERMAN-BROWNBACK AMENDMENT #3253. See attached summary. Talking points on the amendment are available from Rights Working Group: Brownback-Lieberman amendment

The Brownback-Lieberman amendment implements the key recommendations of the US Commission on International Religious Freedom (USCIRF), which issued a critical report last year describing procedures that impair the right to seek asylum, and also seeks to improves poor conditions that exist at immigration detention facilities generally and promote alternatives to detention. While support is growing for the Brownback-Lieberman amendment, senate staffers are worried that they lack the votes for passage and are asking for help in encouraging Senators to vote in favor of the amendment.

What you can do to help:

DC advocates encourage DWN members to call the following to ask them to support these "fixes":

Your own Senators
Any senators you have developed relationships with
Brownback (R-KS) 202-224-6521 – thank him for his support
Martinez ( R-FL) 202-224-3041
Hagel (R-NE) 202-224-4224
Graham (R-SC) 202-224-5972
Chafee (R-R) 202-224-2921
Collins (R-ME) 202-224-2523
Snowe (R-ME) 202-224-5344
DeWine (R-OH) 202-224-2315
Specter (R-PA) 202-224-4254
Voinovich (R-OH) 202-224-3353
Feinstein (D-CA) (202) 224-3841
You can find the phone numbers of your senators here:
http://www.senate.gov/general/contact_information/senators_cfm.cfm

Among your possible messages:
1. What stand does the Senator propose to take on the newly re-introduced legislation?

2. Will the Senator vote for the Brownback-Lieberman amendment on alternatives to detention for vulnerable populations?

3. Would the Senator be willing to take a stand on any of the key issues above (indefinite detention, stays of removal, mandatory detention)?

If possible, please update Kerri Sherlock at the Rights Working Group (ksherlock@rightsworkinggroup.org) about the responses you receive so she can coordinate follow up by DC advocates.

--------------------------------

More from Paromita Shah of the National Immigration Project:

As a DWN member (not speaking on behalf of DWN), this is what I have said during CALL-IN Day on detention issues:

I want the Senator to strike or modify the extremely bad detention
provisions in the Senate bill. What I want him/her to do is ELIMINATE:
Section 202 relating to indefinite detention
Section 227(c) relating to stays of removal
Section 131 relating to Mandatory Detention
and a provision that allows military bases to be used as detention centers.

If he or she chooses not to strike those provisions, I want him/her to consider amendments to ameliorate the harsh effects of those provisions. It would be best if he or she will consider the fixes outlined in the "substitute Title II" presented to their offices.

I want the Senator to Support Alternatives to detention and detention standards “SECURE AND SAFE DETENTION AND ASYLUM ACT” LIEBERMAN-BROWNBACK AMENDMENT #3253. This amendment creates uniform standards for the treatment of detainees.

I also want the Senator to support a bill that provides relief to child citizens, called the Child Citizen Protection Act (H.R. 5035). This House bill would restore discretion authority to immigration judges to consider the implications of deportation on immigrants' citizen children.

OR

you can tell your Senator that:

"I do not support the Senate Compromise bill, S. 2611, because significant provisions in the current Senate proposals would
dramatically undermine a broad array of rights, increase the criminalization of all immigrants, result in mass deportations, and unfairly exclude millions from eligibility for any legalization opportunity."

You can get learn more about this position at
http://www.nnirr.org/projects/immigrationreform/statement.htm

Thursday, May 11, 2006

More info on the Lieberman-Brownback Amendment

From Jane Rudd, Chair of the Advocacy Committee, Detention Watch Network

Advocates are working hard to help Senate staffers develop the most humane bill possible. One way the process can still be influenced is to encourage Senators to pass the Lieberman-Brownback Amendment, S3253. It is possible that this amendment could get passed as a separate bill, whether an overall immigration bill gets passed or not.

The Lieberman-Brownback Amendment needs to be passed now more than ever because, despite our best efforts, more immigrants and asylum-seekers will be put in detention centers in increasing numbers. This includes immigrants who have green cards and lived in the U.S. for many years. These immigrants will likely be in criminal facilities. The Lieberman-Brownback Amendment would protect against this.

It would also:
> Improve overall conditions that exist in detention centers
> Promote Alternatives to Detention
> Videotape interviews of immigrants coming into the U.S; this ensures that asylum seekers are given a chance to ask for asylum
> Ensures an immigrant has a hearing within 72 hours rather that being held in detention centers for months and even years

Please call your Senators (202-224-3121) and tell them you want to see this Amendment passed.

Please also call Senator Brownback's office (202-224-6521) and thank him for sponsoring the Amendment. He is receiving a lot of criticism from Republicans and needs to hear from supporters of the Amendment.

It's deal time!

The Republicans and Democrats in the Senate have finally reached a deal on the procedures around the immigration proposal which they hope to pass by Memorial day weekend.

The Hagel-Martinez compromise bill has been held up by concerns about how it would be reconciled with the hard-nosed enforcement-only House version (the infamous HR 4437).

The Associated Press reports that the Senate will send 14 Republicans and 12 Democrats to negotiate with the House, with seven of the Republicans and five
Democrats coming from the Judiciary Committee. Seven of the remaining Republicans will be chosen by Senate Majority Leader Bill Frist and remaining seven Democrats chosen by Senate Minority Leader Harry Reid.

The other concern has been the addition of nasty anti-immigrant amendments floating around that would make the compromise as draconian as the House version. There has been disagreement about how many amendments will be considered and it's still not clear what this number is. Frist said a "considerable" number of amendments would be debated when the Senate starts discussion again on Monday.

According to AP, Harry Reid said that he "didn't get everything that I wanted in the agreement", but said Frist didn't either. He also said that arriving at the agreement "is not easy with the political atmosphere," Reid said.

Advocates still have lots of concerns about the enforcement measures in Title II of the bill and they plan to ramp up their opposition to these provisions. For example, according to Jay Staunton of Human Rights First, "There is still a real chance to strike Sec. 227(c), the provision Senator Sessions snuck in at the Judiciary Committee level by sleight of hand. This provision, dealing with the 'Stay of Removal', would ship asylum seekers back to their countries of persecution while their asylum claims awaited acceptance by U.S. federal courts."

Staunton and other advocates are asking for support in promoting the Lieberman-Brownback amendment, which would codify recommendations to protect asylum seekers from arbitrary and inhumane detention. "Push support for this amendment at every opportunity." Staunton says.

There are also numerous provisions that would further 'militarize' the border, expand the number detention beds and effectively 'de-legalize' thousands of legally-present immigrants.

ACTION STEPS:

Call you Senators TODAY (Tel: 202-224-3121) and tell them that you oppose the Title II enforcement provisions in the bill and you support earned legalization for ALL undocumented people. Tell them that you support the Lieberman-Brownback agreement.

Tuesday, May 09, 2006

New 'D' (for Debate) Day: Monday May 15

Advocates in Washington report that the Senate is aiming to start debating immigration proposals starting next Monday May 15. Staffers in Senate offices are telling everyone that the proposals will move forward although the procedures still need to be worked out.

Senators want to minimize any re-writing of the last proposal (the Hagel-Martinez compromise from before Easter recess), so they are hoping to make any changes through amendments directly to the floor. Democratic Senator Reid has proposed voting on 20 amendments total (10 for each party) although its unclear if the Republicans have agreed to this. The Republicans are considering some new approaches that they'll most likely add through the amendment process.

A group of immigrant rights advocates (i.e. Immigration Legal Resource Center, the National Immigration Project) wrote a substitute for the Title II (enforcement) provisions of the bill to take some of the sharpest teeth out of the legislation. The substitute would strike some sections and ameliorate others. It still needs Congressional support.

If the Senate doesn't get anything passed by Memorial Day weekend, they'll be too busy to discuss immigration reform again this year (especially with mid-term elections in November).

ACTION STEPS:

Call your Senator (202-224-3121) and express concern about the compromise bill. Say that you oppose the enforcement measures and hidden traps in the bill but that you suppport earned legalization for ALL undocumented immigrants. Tell them to vote FOR the Brownback-Lieberman amendment on detention.

Thursday, May 04, 2006

"Deep Roots" and other surprises

Wonders never cease on Capitol Hill!

Until recently hard-nosed enforcement-only senators sounded ready to call Immigration to pick up immigrant street protesters. Senator Trent Lott suggested as much when quoted in the New York Times "We had them all in a bunch, you know what I mean? I want to be sensitive to human concerns, why they're here and how they're here. But when they act out like that, they lose me." [sort of like when Martin Luther King Jr. "acted out" with all those folks in the March on Washington?].

Now this week Senators Jon Kyl (R-Ariz.) and John Cornyn (R-Texas), who have been pushing for more enforcement, put forward a proposal for limited legalization for some undocumented immigrants: for those who had married, had children or put down "deep roots" in the United States. The L.A. Times quoted Kyl saying "If you look at family, if you look at roots, perhaps it's a better way of distinguishing [among undocumented immigrants]. It's an objective criteria based on a value that most people can agree on". It's not clear what constitutes "deep roots" and what myriad ways they have devised to make folks ineligible to benefit from the proposal.

Denying that the May 1st rallies had any impact on the debate, Bill Frist is sounding optimistic and hopes to have something passed by the end of May. Just recently he was dismissing Senator Reid's proposal to consider 20 amendments.

Meanwhile Harry Reid, who was hopeful, is sounding not so much so. He's still trying to work out an agreement in advance of a conference committee that would have to reconcile the House bill (HR 4437) and whatever the Senate passes. "The Republicans have basically stiffed us on all conferences," Reid said in the L.A. Times, referring to GOP tactics over the last 5 1/2 years. "So what I need to have is an agreement on amendments and who is going to be on the conference."

Most observers continue to see the politics around this bill as being influenced by the up-coming November elections and the Presidential election in 2008 (which many think Frist is vying for). Both parties are most concerned about how the end result of this debate will make them look to the public.

Stay tuned...more surprises to come?

Wednesday, May 03, 2006

The Impact of the Rallies on the Senate Debate?

Today Anderson Cooper on CNN was pondering if the May 1st rallies "backfired" on the immigration debate.*

Cooper's "best political team on television" gave their views on the impact of the rallies. Correspondent Candy Crowley claimed that the rallies hardened the opposition to positive immigration reform. Other correspondents were broken records harping on unintentional effects of the Spanish lyrics for the National Anthem and protestors use of foreign flags. (Is that the best they can come up with? It seems so.) Other commentators think it is unlikely that anything will get passed before the November elections. John Funu of the Wall Street Journal claimed "The boycott has so heated up the measure that we're not going to have any bill this year. It's simply poisoned the well".

Senator Harry Reid was shown praising the rallies for helping frame the issue and move the debate forward. "I personally believe very, very fervently that they have helped, helped picture this issue in the minds of the American people in a positive fashion."

Meanwhile the New York Times quoted Democratic Senator Dianne Feinstein (a true loose cannon on immigration issues): "The protest, I don't think, changes votes on the floor of the Senate. I think what changes votes is coming down, sitting down, talking about it, as opposed to students' staying out of school. I happen to think that students' staying out of school is counterproductive."

Back on CNN, Senator Martinez said that he thought the rallies were unhelpful. "I believe at the end of the day we'll see that it really had a negative effect and it backfired on those of us who are trying to move forward something that is comprehensive but yet in middle course."

Martinez claims that his office in DC has been receiving 10 calls to 1 in opposition to the guest worker and legalization programs he has proposed in his compromise bill (Have you ever noticed how Congressional offices love to use "10 to 1" to measure constituent calls?).

ACTION STEP:
So in an effort to help Martinez's office truly reach his 10 to 1 ratio, call his office and tell him (and other Senators) that you oppose the Hagel-Martinez proposal but for different reasons: we want true immigration reform that provides earned legalization for ALL undocumented immigrants and an end to draconian and disasterous immigration enforcement.

Senator Mel Martinez: (202) 224-3041
Senate Switchboard for other senators: (202) 224-3121

* Read the transcript of Anderson Cooper's show "360"

Tuesday, May 02, 2006

Onwards after May 1st

After the historic marches and boycotts around the country in favor of immigrant rights on Monday May 1st, Congress is still trying to "do something" on immigration reform. Do they feel the eyes of the nation watching?

Right before the recess, the Senate could not resolve procedural issues related to the bill (i.e. Senate Minority Leader Reid wanted only three amendments and insisted Senator Frist name the Senate Judiciary panel members as conferees before voting on the compromise. See earlier posts). During the recess, both sides, including the President, blamed each other for the impasse.

Last week, perhaps in response to the on-going national rallies, President Bush called Senate leaders for a meeting at the White House to try to move the legislation forward. According to the National Journal, Reid said, "As I said after that meeting, I am not in the habit of patting the president on the back, but he really deserved credit for calling us together and for hosting a good, bipartisan meeting."

Today Senator Reid proposed voting on 20 amendments to the compromise bill (10 for each party) so that the Senate can vote on the proposal before Memorial Day. Senate majority Leader Bill Frist rejected the proposal as being "inadequate" and wants more amendments.

The National Journal also reports that Republican Policy Committee Chairman Jon Kyl of Arizona indicated today that GOP leaders were considering bringing the immigration legislation for a vote soon. They are concerned that immigration, along with rising gas prices, is likely to delay consideration of repeal of the estate tax and healthcare bills this month.