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Congressional Record—Senate S672 S672 CONGRESSIONAL RECORD — SENATE February 13, 2013 those superqualified folks all the time automatically becomes a U.S. citizen. The Senator from Maine. and then, all too often, we send them Virtually no other country in the Ms. COLLINS. Mr. President, I am back to their native countries and world has this rule. This reform would delighted to rise in strong support of don’t allow them to remain here to get simply amend U.S. law to have the the confirmation of William Kayatta of on a pathway to citizenship and to con- same basic rule as virtually every Maine to serve on the U.S. Court of Ap- tribute, as they would, to our economy. other country in the world I am aware peals for the First Circuit. A child tax credit law. This would of. A person doesn’t automatically be- Mr. Kayatta was originally nomi- amend the IRS Code to simply put in come a citizen just because they are nated to this position more than 1 year place significant identification require- physically born here; at least one par- ago. He was approved by the Judiciary ments for the child tax credit to re- ent has to have that legal status. Committee on a bipartisan vote last quire taxpayers to provide that valid Finally, US-VISIT reform, finally, April. Unfortunately, despite his excep- ID, to cut out what is admitted to be after decades of promises, after decades tional qualifications, his nomination rampant fraud in the system. The IRS of broken promises, to require that the was stalled by election-year politics. itself and its inspector general office US-VISIT system—the biometric bor- That is finally behind us, and I am have said there is at least $1.3 billion of der check-in/check-out system first re- pleased the President renominated Mr. fraud a year in the child tax credit. quired in 1996 that is well past its im- Kayatta in January. These checks from the taxpayer, actual plementation date of 2005—be finished, I wish to thank the chairman of the checks going out to illegal recipients be done, be fully in place before any of Judiciary Committee, my colleague who do not qualify under the law, in these other triggered aspects of so- from Vermont Senator LEAHY; the some cases, dozens, allegedly, at a sin- called comprehensive reform happen. ranking member Senator GRASSLEY; gle address, a single family, are clearly On that reform, I am proud to be joined and, indeed, all the members of the Senate Judiciary Committee for acting fraud. We must meet some basic re- by Senator SESSIONS and Senator LEE quirements to cut out that fraud. The as coauthors. promptly and positively in favor of Mr. IRS itself, under this administration, Again, I am introducing these six Kayatta’s renomination. Let me also express my gratitude to has asked for those tools. We should bills today. I am also an original co- the two leaders, Senator REID and Sen- give them those tools under this child sponsor of Senator GRASSLEY’s E- ator MCCONNELL, for moving his nomi- tax credit legislation. Verify bill, a seventh bill. I think this nation so quickly to the Senate floor. Sanctuary cities reform would pro- is a targeted, step-by-step approach Mr. Kayatta is an attorney of excep- which is the right alternative to so- hibit appropriated funds from being tional intelligence, extensive experi- called comprehensive reform, which used in contravention of the Illegal Im- ence, and demonstrated integrity. I migration Reform and Immigrant Re- historically means immediate amnesty cannot tell you how highly regarded he sponsibility Act of 1986. I am joined by married to promises of enforcement is in Maine’s legal circles. In fact, if Senator GRASSLEY and Senator FISCH- that never happen, that never fully ma- you ask virtually any attorney, judge, ER in that legislation. terialize. prosecutor, law professor or anyone in- Too many jurisdictions in the United I urge my colleagues to look hard at volved in the legal profession in Maine, these measures and hopefully support States are self-proclaimed sanctuary they will tell you the President could some or all of them. I urge them even cities. By doing that, they are in con- not have made a better choice than Bill more to go back home and listen to travention of Federal immigration law Kayatta. He graduated magna cum when they say they will not cooperate their constituents, to listen hard at the laude from both Amherst College and in the enforcement of that law in any neighborhood coffee shop and the town- Harvard University Law School, where way. That is unacceptable, and those hall meetings, because I think these he served as a member of the Law Re- cities should not get appropriated sorts of concerns, as Senator SESSIONS view. funds. and I have expressed today, are the After graduating from law school, E-Verify I mentioned is an initiative core concerns, the core questions of a Mr. Kayatta clerked for the chief judge and legislation by Senator GRASSLEY. I great majority of the American people. of the U.S. Court of Appeals for the am proud to join him as a coauthor. I Thank you, Madam President. I sug- First Circuit, Frank Coffin. It is a won- am an original cosponsor of that bill. It gest the absence of a quorum. derful symmetry that he now, assum- would take the present E-Verify sys- The PRESIDING OFFICER. The ing the confirmation goes well this tem and make it mandatory and ex- clerk will call the roll. afternoon, will be joining the court for The assistant legislative clerk pro- pand it so that is our workforce system which he clerked many years ago. of enforcement. E-Verify works. The ceeded to call the roll. In 1980, he joined the prestigious law Ms. COLLINS. I ask unanimous con- problem is it is a pilot. It is not manda- firm of Pierce Atwood in Portland, ME, sent that the order for the quorum call tory and it is not broad enough. We where over the subsequent 32 years Bill need to broaden and make mandatory be rescinded. The PRESIDING OFFICER. Without specialized in complex civil litigation that workable E-Verify system. at both the trial and appellate levels. objection, it is so ordered. The Voter Integrity Protection Act Bill Kayatta has served as chairman of would amend the INA to make voting f both the Maine Professional Ethics in a Federal election by an alien who is EXECUTIVE SESSION Commission, the Maine Board of Bar unlawfully in the United States an ag- Examiners, and as president of the gravated felony, which makes it a de- Maine Bar Association. portable offense. If a person is illegally NOMINATION OF WILLIAM J. In 2002, Mr. Kayatta was inducted participating in our elections, that is a KAYATTA, JR., TO BE UNITED into the American College of Trial serious offense to any democracy. That STATES CIRCUIT JUDGE FOR Lawyers, and in 2010 he was elected by should be a deportable offense. THE FIRST CIRCUIT his peers to the college’s board of re- The Birthright Citizenship Act would The PRESIDING OFFICER (Mr. gents. also amend the law to consider a per- HEINRICH). Under the previous order, Mr. Kayatta has simultaneously son born in the United States ‘‘subject the Senate will proceed to executive maintained a very substantial pro bono to the jurisdiction’’ of the United session and consider the following practice. In the year 2010, he received States for citizenship only if the person nomination, which the clerk will re- the Maine Bar Foundation’s Howard H. is born through at least one parent who port. Dana Award for career-long pro bono is a U.S. citizen or national or a lawful The bill clerk read the nomination of service on behalf of low-income permanent resident alien in the United William J. Kayatta, Jr., of Maine, to be Mainers. States or an alien performing active United States Circuit Judge for the In 2011, the U.S. Supreme Court ap- service in the U.S. Armed Forces. First Circuit. pointed him as a special master in Kan- Right now it is, in my opinion, an acci- The PRESIDING OFFICER. Under sas v. Nebraska and Colorado, an origi- dent of history and a mistake that any the previous order, there will be 30 nal water rights case. That too is an child physically born here, even of two minutes of debate equally divided and indication of the Court’s confidence in parents here illegally and improperly, controlled in the usual form. Mr. Kayatta’s legal abilities. VerDate Mar 15 2010 04:04 Feb 14, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.019 S13FEPT1 jbell on DSK7SPTVN1PROD with SENATE February 13, 2013 CONGRESSIONAL RECORD — SENATE S673 Finally, Mr. Kayatta has earned the their track record and their pattern such tactics are bad for the Senate, American Bar Association’s highest over the last 4 years. Senate Repub- they are also bad for our Nation’s over- rating: ‘‘unanimously well-qualified,’’ licans used to insist that the filibus- burdened courts. Persistent vacancies reflecting the ABA’s assessment of his tering of judicial nominations was un- force fewer judges to take on growing credentials, experience, and tempera- constitutional. The Constitution has caseloads, and make it harder for ment. not changed, but as soon as President Americans to have access to justice. Mr. Kayatta’s impressive background Obama was elected they reversed While they have delayed and ob- makes him eminently qualified for a course and filibustered President structed, the number of judicial vacan- seat on the First Circuit.
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