March 29, 2006 CONGRESSIONAL RECORD — SENATE S2511 The bill was ordered to be engrossed Public concern has increased about divided between the two leaders or for a third reading and was read the both illegal and unethical activities in- their designees. third time. volving lobbyists. These include well- I further ask unanimous consent that Mr. FRIST. I ask for the yeas and funded special interest groups that dis- when the Senate resumes consideration nays. guise their activities through the for- The PRESIDING OFFICER. Is there a of the bill tomorrow, the time until 12 mation of coalitions, associations, and noon be equally divided in the same sufficient second? grassroots campaigns; improper cam- There appears to be a sufficient sec- form for debate only, and that at noon paign finance practices; lavish gifts to the chairman be recognized in order to ond. Members of Congress and their staffs The bill having been read the third offer an amendment; provided further apparently in violation of current con- time, the question is, Shall the bill, as that there then be debate only until gressional ethics rules; and earmarks amended, pass? The clerk will call the 5:30, with the time divided in a similar slipped into legislation as favors for roll. fashion. The assistant legislative clerk called lobbyists without debate on proper consideration. The PRESIDING OFFICER. Without the roll. objection, it is so ordered. Mr. DURBIN. I announce that the The actions of others have made it Senator from West Virginia (Mr. clear that our current regulations on The clerk will report the bill by title. lobbying are outdated and ineffective. ROCKEFELLER) is necessarily absent. The assistant legislative clerk read I also announce that the Senator That is why I supported S. 2349, the as follows: from West Virginia (Mr. BYRD) is ab- Legislative Transparency and Account- A bill (S. 2454) to amend the Immigration sent due to death in family. ability Act of 2006. It is my hope that this legislation will move us toward re- and Nationality Act to provide for com- The PRESIDING OFFICER (Mr. prehensive reform and for other purposes. THUNE). Are there any other Senators storing the public confidence in Con- in the Chamber desiring to vote? gress by shining light on congressional The PRESIDING OFFICER. Who The result was announced—yeas 90, processes and cracking down on lob- yields time? nays 8, as follows: byist influence. The majority leader. [Rollcall Vote No. 82 Leg.] I realize that this bill falls short in Mr. FRIST. Mr. President, to clarify, YEAS—90 certain areas. I was an original cospon- sor of the Honest Leadership Act, we are now on what will be passion- Akaka Dole McConnell ately discussed over the next several Alexander Domenici Menendez which would have gone even further Allard Dorgan Mikulski than the Senate-passed bill in reigning days, a very important piece of legisla- Allen Durbin Murkowski in inappropriate gifts, travel, and influ- tion that addresses the range of border Baucus Ensign Murray ence on Members of Congress. I sup- security issues surrounding enforce- Bayh Enzi Nelson (FL) ment, interior enforcement, temporary Bennett Feinstein Nelson (NE) ported amendments that would in- Biden Frist Pryor crease the transparency of Senate ac- worker programs—a debate which I Bingaman Grassley Reed tions and voted against cloture to give know and expect will be civil and held Bond Gregg Reid other Senators a chance to offer with dignity, but what is a very dif- Boxer Hagel Roberts ficult debate. Brownback Harkin Salazar amendments to strengthen the bill. Bunning Hatch Santorum If the legislation passed by the Sen- I will make a brief opening state- Burns Hutchison Sarbanes ate today had gone further in increas- ment and then turn to the chairman Burr Inouye Schumer ing accountability for Members of Con- Cantwell Isakson Sessions and ranking member, but also I would Carper Jeffords Shelby gress, it would have gone further in re- like to make a statement shortly after Chafee Johnson Smith storing the public faith. However, I be- they do. Chambliss Kennedy Snowe lieve it is also our responsibility to bal- Mr. President, this debate, when you Clinton Kohl Specter ance far-reaching legislation with the Cochran Kyl Stabenow boil it down to its essence, is about the time constraints before us. This bill is Coleman Landrieu Stevens American dream and the home that far from perfect but it is an important Collins Lautenberg Sununu this country offers for so many hard- Conrad Leahy Talent first step in putting an end to the ‘‘cul- working people—a difficult debate, an Cornyn Levin Thomas ture of corruption’’ that has become a Craig Lieberman Thune important debate. But it is also an part of Washington. Crapo Lincoln Vitter issue about what it means to be a na- Dayton Lott Voinovich Serving in Congress is a great DeWine Lugar Warner honor—one we must earn by always tion, and every nation must keep its Dodd Martinez Wyden making the welfare of our constituents citizens safe and its borders secure. NAYS—8 and the Nation our sole motivation. That is why we are starting with the Coburn Graham McCain The current lobbying scandals show Securing America’s Borders Act, a bill DeMint Inhofe Obama how far we have drifted from that I introduced prior to the March recess. Feingold Kerry ideal. But the reforms will do much to This bill acknowledges the overriding NOT VOTING—2 correct our course. And, as always, I principle that we must protect our citi- Byrd Rockefeller will continue to hold myself and my of- zens by securing our borders. A nation The bill (S. 2349), as amended, was fice to the highest standard of conduct that cannot secure its borders cannot passed, as follows: in our service to the people of Wis- secure its destiny or administer its (The bill will be printed in a future consin. laws. edition of the RECORD.) Mr. LEAHY. Mr. President, I suggest The situation along our southern Mr. LEAHY. Mr. President, I move to the absence of a quorum. border now ranks as a serious national The PRESIDING OFFICER. The reconsider the vote, and I move to lay security challenge, second only to the that motion on the table. clerk will call the roll. The assistant legislative clerk pro- war on terror. Every day we discover The motion to lay on the table was new facts that show how delay and in- agreed to. ceeded to call the roll. Mr. FRIST. Mr. President, I ask action is making America less safe and Mr. KOHL. Mr. President, I take no less secure. contributions from special interest unanimous consent that the order for PACS or lobbyists. My office operates the quorum call be dispensed with. In January, officials discovered a The PRESIDING OFFICER. Without massive tunnel stretching nearly a half under a set of rules governing our objection, it is so ordered. interaction with lobbyists that is mile from Tijuana to San Diego. We f stricter than current law. Regardless of don’t know how many more snuck in. any legislation, I always hold myself SECURING AMERICA’S BORDERS We do know that mixed in with the and my office to the highest standard ACT families seeking a better life are drug of conduct in our service to the people Mr. FRIST. Mr. President, pursuant dealers, human traffickers, terrorists, of Wisconsin. to the order of March 28, I ask that the and common criminals who cross our The past several months, however, Senate now begin consideration of S. border into this country every day. have highlighted for congressional ac- 2454. I further ask unanimous consent But the danger is not only to Amer- tion on lobbying and ethics reform. that the time until 8 p.m. be equally ica. It is danger to those who try to

VerDate Aug 31 2005 04:08 Mar 30, 2006 Jkt 049060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.053 S29MRPT1 CCOLEMAN on PROD1PC71 with SENATE S2512 CONGRESSIONAL RECORD — SENATE March 29, 2006 cross our borders as well. Unofficial Securing the border and enforcing progress in many areas. I believe it can data collected along the Arizona border our laws are crucial first steps to mak- be improved upon. It has formalized a shows that nearly 225 people died last ing America safer. But much more re- new consensus in the Senate, one that year crossing that border. About 10 mains to be done. And we will address did not exist a year ago, on aggressive percent perished under circumstances these other issues over the next week provisions to protect our borders, in- that suggest foul play. and a half. cluding new detection technologies, We all know the terrible stories of There are over 11 million people in significant new increases in Border Pa- criminals who prey on vulnerable mi- this country llegally. Congress simply trol agents, tough provisions on alien grants, who charge outrageous prices cannot turn a blind eye to this growing smuggling and, for the first time, a to smuggle them across the border and number. We need to act. Our Nation is real employer verification enforcement then often abandon them at the mo- founded on the rule of law by genera- title. ment trouble strikes. It is wrong. It is tions upon generations of immigrants. As is the right of the chairman, the time for us to act. And over the next We should not have to choose between Judiciary Committee product will be week and a half on this floor we will these founding principles. Instead, we offered as an amendment to the Border act. need to honor both traditions. Patrol security bill that has been in- The bill that I introduced includes a In my view, neither the House bill troduced. Moreover, I expect a whole number of commonsense consensus nor the bill reported by the Judiciary series of amendments which will at- measures that improve security along Committee yet quite strikes that ap- tempt to tighten the amnesty and tem- our physical border, crack down on propriate balance, and both need to be porary worker provisions in the judi- human smugglers, simplify the process improved. I believe the House bill is in- cial bill. I intend to support those of deporting wrongdoers, and make it complete because it fails to provide a amendments. easier for employers to confirm their comprehensive solution to our immi- I recognize we have important prin- employees’ legal status. gration situation, one that allows for cipled differences that will be ex- First and foremost, we need better necessary and helpful legal immigra- pressed in the Senate with conviction enforcement and we need more man- tion and that welcomes those who play and with passion over the next several power on the ground. Last year, the by the rules. days. I expect the debate to be conten- Senate led the charge to provide fund- We should reward those who respect tious. I also expect it will be civil and ing for 1,000 additional officers, more the rule of law, who made it here the it will be respectful. I invite all who right way, and who are trying to make equipment, and more detention beds. have ideas to work with us. Together it here the right way. I believe the That was a start but only a start. we can bring our best to bear on the My proposal adds nearly 15,000 more committee bill by contrast goes too far problem of illegal immigration so officers over the next few years in a in granting illegal immigrants with America is safer and is more secure. sustained and focused effort to buttress what most Americans will see as am- As I said when I introduced my bill, the nearly 20,000 already deployed to nesty. I want this coming debate to reflect work on border issues. I disagree with this approach not just our commitment to the rule of law and It also requires new investments in as a matter of principle but because unmanned aerial vehicles, cameras, granting amnesty now will only en- to our proud immigrant inheritance. and sensors, and a comprehensive na- courage future and further disrespect We are a nation of immigrants. We tional border security strategy. for the law. It will undermine our ef- have all benefited from America’s It establishes a long-term project of forts to secure our homeland. There are uniquely inclusive ethos. But America building a virtual barrier to cover better ways to address this issue. is also a nation of laws. Our laws bind every mile of our 1,951-mile border with Senator KYL and Senator CORNYN us and protect us. They transform us Mexico. have a proposal. Senator SPECTER had from seekers into citizens. They are This will both make America safer, a chairman’s mark and a proposed the very foundation of our democracy. and it will reduce the number of people compromise, and all of these ap- I am glad many agree on the need to endangering themselves trying to come proaches created a temporary worker ensure our debate is in the best keep- into our country. program without a grant of amnesty. ing of the Senate’s tradition. We ought In addition to physically strength- We need to find a legal way for employ- to be honest about the problems we ening our border, the bill makes it ers to find the people they need to keep face, face them directly, and be honest easier for the Department of Homeland their businesses running and continue about the outcomes we seek, within a Security to catch people who violate to grow the economy. Creating legal framework of conversation that does our immigration laws. paths of immigration is a way to do credit to the Senate and to the Nation. It enhances the collection of biomet- this. We will conduct this debate with re- ric data about who enters the country. In the end, it is my hope we will have spect and seriousness. And it allows the department to set up a bill which has both strong enforce- I look forward to a thorough discus- additional border checkpoints. More- ment mechanisms with additional bor- sion over the coming days. over, the border security bill creates der and interior security and real em- I yield the floor. tough, new penalties for human smug- ployer accountability that addresses The PRESIDING OFFICER. The Sen- glers and document forgers. the humanitarian and economic chal- ator from Pennsylvania. Under this bill, terrorists, dangerous lenges we now face without amnesty. Mr. SPECTER. Mr. President, the gang members, and others with serious America has always been the place Senate has an opportunity to take criminal connections face expedited re- where one can come to live out a dream what could be a historic stand on re- moval from the United States. of improvement and renewal. But while forming our immigration system, But this bill doesn’t just draw on the we welcome those who refresh and re- where many problems exist, including common sense of the American people store our American spirit, we have al- border security, ports, people coming for its provisions. It also looked to the ways done so within a framework of into our country whom we cannot iden- 9/11 Commission Report for guidance. the law. The full Senate should have a tify, posing a potential security risk This Commission recommended that chance to discuss, to deliberate, to de- from terrorists entering the United we consolidate border screening sys- bate, and to decide how we balance States. There are some 11 million un- tems. The border security bill does just that rule of law with the situation as documented aliens in the United States that. we find it. We are here to solve prob- who are unwilling to step forward be- It encourages the use of biometric lems and not to stand by as problems cause of their concern of being pros- data to keep track of who is coming get worse. Those problems are getting ecuted and deported. We have an econ- and going. Again, the border security worse. We need to work together so omy which relies very heavily on im- bill does just that. It identified the that all 100 Senators have the oppor- migrant labor. need of State and local officials to tunity to work within our rules to We have now come to the point where work with Federal agencies to identify solve this problem. legislation has been introduced which terrorist suspects. The border security The committee bill, while not per- tackles these problems. The majority bill does just that. fect, makes real and significant leader has said there will be passionate

VerDate Aug 31 2005 01:22 Mar 30, 2006 Jkt 049060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.069 S29MRPT1 CCOLEMAN on PROD1PC71 with SENATE March 29, 2006 CONGRESSIONAL RECORD — SENATE S2513 arguments. That is certainly true. through until past 6 o’clock in the tunity here, no matter what we do. We Emotions run very high on these afternoon. People who are watching C– want to avoid the circumstance Presi- issues. SPAN may not be too interested in dent Bush described in a Saturday ad- Some say we are a nation defined by what a quorum is, but that is when 10 dress last week of having people come the rule of law and that has been fla- Senators are present out of 18. That is to the United States in 18-wheelers. grantly violated by the 11 million peo- hard to do, especially when some Sen- What is an 18-wheeler? It is a big truck ple who have come to this country ators are in Iraq. that has 18 wheels and people are without conforming to the U.S. law. With the cooperation of the distin- stuffed into it. Many have died trying Many others who have come on visas guished ranking member, Senator to come into this country in that way. have overstayed their leave. And, at LEAHY, and the committee members We have the realistic prospect of hav- the same time, we pride ourselves on generally, we were able to complete ing an identification card, much like a being a compassionate nation. No one our task and complete and report out a credit card, which can go through an can deny that the United States of bill on Monday of this week. That bill electronic process so that prospective America is a nation built by immi- will be the replacement bill on behalf employers will know whether the appli- grants. No one can deny that. of the leader’s bill. cant for a job is here legally. If the em- In my own personal situation, my While the leader is still on the floor, ployer hires the applicant knowing own family is Exhibit A. My father I say in his presence, his bill is up they are illegal, there will be tough came to this country in 1911 when he about noon tomorrow. The committee employer sanctions to try to stop that was 18 because the Czar wanted to send bill will be a replacement bill which practice. him to Siberia. He preferred Pennsyl- will form the substance of the Senate As long as there is opportunity in vania. So he came to the United deliberation. this country, and without a guest States. My mother came at the age of I thank the committee members for worker program which will satisfy the 6 with her family and settled in St. their hard work. We have taken needs of our economy, we are going to Joe, MO. My brother and my two sis- thoughtful, constructive legislation in- have people who will be determined to ters and I have contributed to life in troduced by Senator MCCAIN and Sen- come here legally or illegally, any way America. Our story is replicated by ator KENNEDY, and thoughtful, con- they can get here. millions of people who have come from struction legislation introduced by We had a very important amendment foreign shores and who have created a Senator KYL and Senator CORNYN, and offered by Senator FEINSTEIN, who had life for themselves, as the majority suggestions made by other Senators, worked with Senator CRAIG, on agri- leader says, the American dream. And and have molded them into what we culture. The statement was made by people still clamor to come to the call a chairman’s mark. That is the Senator CRAIG, and I believe it to be United States because of the quality of name for the amalgamated bill that accurate, that agriculture in America life in this country, because of our was the basis for our consideration. would collapse—tough word—collapse democratic institutions, because of We have moved ahead. It was my without migrant labor. This committee freedom of speech, because of edu- hope that we might have structured ac- bill includes a worker program which cational opportunities and economic commodation, a compromise among has been the cornerstone of what Presi- growth, and a chance to have a better the competing ideas. After debating it dent Bush has urged. livelihood and a superior way of life. extensively on Monday afternoon, it I was pleased today to hear that When the majority leader comments was determined we could not accom- Speaker DENNIS HASTERT commented about the committee bill and says it is plish that, but we are still working on he favors a guest worker program, amnesty, I disagree with him head on. it. We yet may be able to structure a which would be a significant addition It is not amnesty. It is not amnesty be- bill which will have more of what Sen- to what the House of Representatives cause the lawbreakers are not being ator KYL and Senator CORNYN were has passed, an enforcement program. unconditionally forgiven for their looking for than the final committee That is the recognition that it is nec- transgressions. The lawbreakers, in product. But all of that remains to be essary for the American economy to order to move forward and stay in the seen. have people come into this country to United States and move toward a citi- However, we have produced a bill and help us on the farms, in the hotels, in zenship path, have to pay a fine. They the majority leader characterized it as the restaurants, in so many lines of have to pay their back taxes. They ‘‘while not perfect, significant American work. have to undergo a rigorous background progress,’’ and I would not disagree It is a good sign that when we func- examination. They have to work for 6 with the majority leader’s character- tion in conference under our bicameral years. They have to earn the right to ization that it is not perfect. I have system—the House has passed a bill; I move toward a citizenship track. been here a while and I haven’t seen a am confident we will pass a bill in the If there is a better way to bring these perfect bill yet. I hope to be here a Senate on immigration; and it is sub- 11 million people forward so that we while longer and I do not anticipate ject to modification and the will of the can identify them, we are open to any seeing a perfect bill. This bill, however Senate—but with the recognition by suggestions which anyone may have. much it is improved, is not going to be the Speaker of a guest worker pro- The Judiciary Committee has worked perfect, in any event. gram, that is a very positive sign. on this issue for months. We have had We have provided for border security. We have improved the situation with hearings. We have had analysis in the We have what we call a virtual fence. respect to visas for highly qualified committee on markups. We faced the Unmanned drones will patrol the bor- people. William Gates was in Wash- leader’s requirement that the bill be ders. There will be overhead satellite ington, lobbying—a pretty high-priced finished before yesterday, before Tues- control. We have very vastly increased lobbyist—to come talk about the needs day, or the Senate would proceed on the number of border agents. We have of Microsoft—a marvelous company, the leader’s bill as opposed to the com- provisions for employer verification, high tech, enormous advances for mittee bill. worked out with the cooperation of America—he wants more people with The Judiciary Committee prides Senator GRASSLEY, who is not only a Ph.D.s and wants a larger quota of itself on getting its work done. We got member of the Committee on the Judi- visas for those people to come in. We our work done. It was not easy, but we ciary but also chairman of the Com- have accommodated that. And we have did it. In an unusual session, people re- mittee on Finance. That is on a title created more opportunities for people turned early from the recess, came which is yet to be added and will be to come in who are students. If we can back on a Sunday. It doesn’t happen added on the floor. We have a little ju- bring more brains to the United States, around here, unfortunately. It should, risdictional issue, but we have worked we are going to be anxious to do so. but it doesn’t. We ought to work more out employer verification. Employer I believe it is important to say, si- Mondays. We are going to work Friday verification is a very major aspect of multaneously, that we are making of this week on this bill. We started at securing our borders. strenuous efforts to avoid bringing peo- 10 o’clock on Monday morning and We are going to have people come to ple into this country where there are with a short recess break we worked the United States because of oppor- Americans who can handle the jobs. If

VerDate Aug 31 2005 01:22 Mar 30, 2006 Jkt 049060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.055 S29MRPT1 CCOLEMAN on PROD1PC71 with SENATE S2514 CONGRESSIONAL RECORD — SENATE March 29, 2006 Americans can handle the jobs, we are judges. Before moving ahead, we did Mr. LEAHY. Mr. President, I thank not going to be bringing in other peo- not include that in the bill which we the senior Senator from Pennsylvania ple. We will give those jobs to Ameri- reported out of committee. Instead, we for his kind words. I have told him pri- cans first. And before employers may are going to have a hearing next Mon- vately, and I will say it publicly, he seek guest workers, under our legisla- day. We may even get in the habit in has acted as a chairman should. I have tion, there has to be a showing that the the Senate of working on Mondays. been here 31 years, now going on my jobs could not be filled by Americans. Who knows what may come from this 32nd year. I have seen great chairmen We have tackled, in the committee bill? in both parties in this institution. I bill, the 11 million undocumented We are going to bring in experts in have seen others who were chairmen in aliens, candidly, as best we could. We the field. We are going to bring in the both parties. pride ourselves on being a nation of chief judge of the Federal circuit. We Senator SPECTER is in the mold of laws, and those who are here undocu- are going to bring in the chief judge of the great chairmen. He took a very dif- mented have come into the United the Second Circuit, which has a very ficult bill, by his own force of will—as States in violation of our laws. And heavy burden. The chief judge of the he has with others—and kept us to- now the question is, what do we do? We Ninth Circuit is not available. We will gether, made sure we had discussions. do not want to have a fugitive class in have other representation from the We went across the political spectrum. America. We do not want to have an Ninth Circuit to analyze that issue, to We had people who feel very strongly, underclass in America. know more about the structure as to and rightly so, who had differing To contemplate, to even theorize what we will be doing there. views—all distinguished Members of about going out and taking 11 million But I believe we are off to a good the Senate. He herded them together, people into custody is an impossibility. start. I believe that when we replace kept us together, and kept us in, doing And if you took them into custody, Senator FRIST’s bill with the com- what has been a rarity: the type of they have to be detained before they mittee bill, we will have a comprehen- Monday session he had to make it have a deportation proceeding. Where sive reform package on the table. Then work. will you detain them? Where are there we will work the will of the Senate. We I can assure colleagues, both Repub- detention facilities? Where are there came close to striking a compromise, licans and Democrats, we would not beds? Where are there accommodations as I said, on Monday afternoon, and it have this bill on the floor, in an ability to keep them for deportation pro- was not successful. But it is going to be where the Senate cannot only work its ceedings? revisited. I think we may yet be able to will but do a fine piece of legislation, take portions of the Kyl-Cornyn bill So if we have a realistic expectation were it not for Senator SPECTER. Sen- and integrate them into the committee that these undocumented aliens will ator SPECTER made it possible with his have to come forward, there is going to bill, which relies very significantly on leadership. have to be a program which will en- McCain-Kennedy, to present an even Senator KENNEDY, on our side, has courage them to come forward. We are more balanced approach. worked on these issues since before any May I say, in conclusion, that we ask not going to go out and arrest them of us presently on the floor were in the Senators to file their amendments. We and find them. And they have to know Senate. And with the work of Senators have a difficult job. Instead of having 2 there is consideration for their plight, from both sides of the aisle, we have a weeks, we are going to have, starting even though they are here without bill that provides a realistic, a reason- on Thursday—and Friday is always complying with U.S. law. And they do able system for immigration. subject to some question as to how late have to pay a fine. They do have to pay We voted in a bipartisan majority. in the day we can go, if at all—and their back taxes. They do have to work We have seen, over the years, the Judi- then we have next week. And the tem- for 6 years. And they have to undergo a ciary Committee become more polar- per of the Senate is to try to finish on background check. They have to com- ized. We have seen, in the past couple Thursday when we look toward a re- of years, more and more strongly bi- ply with U.S. laws. cess, especially the Easter recess. I am So it is not a free ticket. It is not partisan votes. In this case, it was a bi- being very pragmatic here as to what amnesty. This word ‘‘amnesty’’ is a partisan majority with a vote of 12 to we are doing, but I would not be sur- code word. It is a code word to try to 6, with two-thirds of the members of prised if the leader was prepared to smear good-faith legislation to deal the committee voting in favor of a bill keep us in beyond Thursday night, be- with this problem. If you move away that protects America’s borders, yond even Friday. from the label, if you move away from So I urge—and I know my distin- strengthens enforcement, and—and the smear word and analyze what is guished colleague, Senator LEAHY, this is what is so important—remains going on, I think it is fairly stated that joins me in this—Senators to come for- true to American values. we do not have amnesty. ward with their amendments and be The Judiciary Committee has con- One line which we have not yet fin- prepared to debate them and to start to fronted the challenging problem of how ished is the issue of judicial reform, ju- think about time limits and to be to fix our broken immigration system dicial review. We need to have more in aware that we are going to hold the head on. It has sent to the Senate a the way of immigration judges—better votes to 15 plus 5. We have many votes good product. The committee met six trained, better qualified—to handle the which are held into the 30- to 40-minute times to debate a proposal offered by tough jobs which they have. category, which cuts into the floor the chairman, meeting for long hours Then, we have an appellate line, the time to get this important work done. and considering dozens of amendments. Board of Immigration Appeals, where And now, with another pat on the The debate was substantive. It was the number has been cut from 23 to 11, back to Senator LEAHY for his tireless civil. It was bipartisan. It was effec- and they are filing one-page opinions, efforts and support, and who had a lot tive. And it was productive. which puts an enormous burden on ju- of things he wanted to do in Vermont— I might say, had it not been for su- dicial review in the circuit courts. Our it is hard to get Senator LEAHY out of perb staff on both sides of the aisle, bill will return that number to 23. We Vermont any earlier than absolutely this would not have been possible. I will call upon the Board of Immigra- necessary—he was back here on Sun- think of the members of my own staff. tion Appeals to write opinions so the day, and he was there on Monday. And I would log on sometimes at midnight, circuit court will know what their rea- with the help of the committee—and when I would get home from other sons are, to take a burden from the cir- we had pretty good attendance—we re- things, and their e-mails were pouring cuit court of being required to start ported out a bill. I accept the leader’s in from the work they had done. I from ground zero to figure out what is characterization: while not perfect, sig- would go back on the e-mails at 5 or 6 going on in a case. nificant progress. Let’s make some o’clock in the morning, and there were The chairman’s mark has a provision more progress, and let’s get some real new ones. They were working around that will consolidate appeals in the immigration reform. the clock. Federal circuit. We have had a good bit I yield the floor. We were given a deadline of March 27 of objection to that from the Judicial The PRESIDING OFFICER. The Sen- by the Senate Republican leadership. I Conference and from very prominent ator from Vermont. understood that the majority leader

VerDate Aug 31 2005 01:22 Mar 30, 2006 Jkt 049060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.057 S29MRPT1 CCOLEMAN on PROD1PC71 with SENATE March 29, 2006 CONGRESSIONAL RECORD — SENATE S2515 had committed to turn to the com- the word ‘‘deer’’ on a cow and taking it talking with some of her relatives in mittee bill if we were able to meet his into the woods does not make that cow Canada. But tens of thousands of fami- deadline and report a bill by Monday a deer. Frankly, in the State of lies, probably far more than that, cross night. It was difficult. At times it was Vermont, we deer hunters know the the northern border. a Herculean task that seemed almost difference between a cow and a deer. There are also businesses. We even the task of Sisyphus. It seemed We better. Our committee bill should have a store in Vermont where there is undoable and the deadline impossible, not be falsely labeled. Our bill is more a line painted down the center of the but under the steady leadership of the properly called what it is—a smart, store, a cash register on one side of the chairman, with the hard work and tough bill. store with Canadian money and a cash dedication of so many members of the The committee also voted to add sev- register on the other side with U.S. committee—again, I compliment Sen- eral constructive and practical meas- money. Why? Because half the store is ator KENNEDY of Massachusetts on our ures to the chairman’s mark. We added in Canada and half in the United side who worked so hard on this—we a new version of the Agricultural Job States. With the proposal that was be- worked through the long hours and nu- Opportunities, Benefits, and Security fore us of this barrier, this fence, it was merous amendments and accomplished Act, or AgJOBS, a bill I have long sup- going to be Joe would get a passport what seemed to be the impossible. ported. I was joined in that bipartisan and bring me that box of Rice Krispies When I mention those two Senators, effort by Senator Larry Craig. AgJOBS from the other side of the store. I it is not to leave out other Senators. will reform the H–2A visa program for mean, it gets down to that. There are We had so many who brought up temporary agricultural labor. This new businesses up and down the same way. amendment after amendment, who version will help dairy farmers in When this proposal faced the light of worked hard on it, all trying to get a Vermont and many other States to le- day, we understood it easily. bipartisan bill. gally hire foreign workers. The bipar- There were other controversial provi- The Judiciary Committee sent this tisan provision approved by the panel sions that we wisely dropped, provi- resounding message, as I said, with a would make dairy workers able to sions that would have exposed those bill with a bipartisan vote of 12 to 6, work under visas for up to 3 years, with who provide humanitarian relief—med- with strong bipartisan support of every the opportunity to adjust to permanent ical care, shelter, counseling, and other key amendment. These were not party- residence and achieve their full poten- basic services—to undocumented aliens line amendments. These were bipar- tial to become eligible for higher pay- to possible prosecution under felony tisan amendments. It is a bill that is ing occupations. alien smuggling provisions of the strong on enforcement and in some The American people are engaging criminal law. If somebody is running a ways stronger than the bill passed by with us in this debate. The Nation’s food bank or a shelter for battered chil- the other body. newspapers reflect the public’s growing dren and women and they give aid, It includes a provision added by Sen- interest in how these decisions will be they help people, they feed the hungry, ator FEINSTEIN, for example, to make settled. In my home State, the Bur- if you have an order of nuns who feed tunneling under our borders a Federal lington Free Press and the Rutland the hungry, under those circumstances, crime. It is tough on employer enforce- Daily Herald have offered thoughtful they faced a chance of being charged ment. And it is tough on traffickers. editorial observations about these with a crime. For shame, for shame. It is also comprehensive and bal- issues. I commend these editorials to Let’s accept the beatitudes as some- anced. It confronts the problem of 12 the attention of my colleagues, and I thing that should go across all faiths, million undocumented immigrants who will at the end of my statement include across all laws. I thank so many in the live in the shadows. It values work. It them. relief and religious communities for respects human dignity. And it in- The committee also adopted an speaking out on this matter. Those cludes guest worker provisions that amendment to include the bipartisan criminal provisions should be focused have been supported by both business Development, Relief, and Education for on the smugglers. Under the committee and labor. It includes a way to pay Alien Minors Act, called the DREAM bill, that is what we do—go after the fines and earn citizenship that has the Act. This provision will allow immi- real criminals, the smugglers, people support of religious and leading His- grant students to attend college and who trade in human lives. panic organizations. become permanent residents if they The committee also voted down a These provisions are not amnesty. I follow the rules established in the act. measure that would have criminalized spent enough years in law and enough It will free eligible students from the mere presence in an undocumented sta- years as a prosecutor. I know what am- constant fear of deportation, while al- tus in the United States. Illegal status nesty is. These are not amnesty. Un- lowing them to work so they can afford is currently a civil offense with very documented immigrants already in the to pay for college. By our bipartisan serious consequences, including depor- country would not get to cut to the committee vote, we hope to extend His- tation. But criminalizing that status front of the line, but, in accordance panic young people greater educational was punitive and wrong. Let’s be real- with the committee’s bipartisan plan, opportunities so they may realize the istic. Are you going to go out and lock will need to pay fines, pay back taxes, American dream and achieve their po- up over 10 million people? It would work hard, and wait in line for green tential. have led to further harsh consequences. cards. They have to pass background The committee agreed—wisely, I be- It would have trapped people in perma- checks and play by the rules. With lieve—to drop several controversial nent underclass status, unwilling to fines and hard work and going to the provisions. Early in the process, I led move into the mainstream of society. back of the line, after 11 years, by fol- an effort to remove a provision direct- These policies, which were included lowing a regular path to legal status, ing the Department of Homeland Secu- in the House-passed bill and supported the currently undocumented will join rity to study building a barrier, a there by congressional Republicans, as full participants in American soci- fence, a wall along our northern border understandably sparked nationwide ety. Following this plan, we could cre- with Canada. protests. They were viewed as anti-im- ate an orderly system for immigration If I might just for a moment, I live migrant and inconsistent with Amer- that is consistent with traditional less than an hour’s drive from Canada. ican values and history, American val- American values and our history. I see people go back and forth across ues that attracted my grandparents to Opponents of a fair, comprehensive that border all the time, families who come here from Italy to settle in approach are quick to claim that any- live on both sides. My wife is a first- Vermont or my great grandparents to thing but the most punitive provisions generation American. She was born in come from Ireland and do the same. are amnesty. They are wrong. We had Vermont literally a couple hundred The committee bill was tough on en- an amnesty bill. President Reagan yards from the Canadian border. Her forcement and very properly so tough signed an amnesty bill in 1986. This is parents were naturalized citizens com- on the smugglers. It is smarter and not an amnesty bill. An editorial in the ing from the Province of Quebec. When fairer. New York Times entitled ‘‘It Isn’t Am- I come home and she is speaking Finally, I thank the chairman for nesty’’ makes the point that painting French on the phone, I know she is setting aside provisions in the mark

VerDate Aug 31 2005 04:08 Mar 30, 2006 Jkt 049060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.058 S29MRPT1 CCOLEMAN on PROD1PC71 with SENATE S2516 CONGRESSIONAL RECORD — SENATE March 29, 2006 that would have consolidated all immi- organizations such as the Mexican- those costs are essential to future economic gration appeals from around the Na- American Legal Defense and Education growth in the state. tion into the jurisdiction of the Fed- Fund, the National Council of La Raza, Thus, it is impossible to talk about eral circuit, the court of appeals for many religious organizations, includ- Vermont’s economy without talking about the Federal circuit. That is a court we ing the United States Conference of the economy of the nation and the world. The influx of farm workers from Mexico have wisely set up in recent years in Catholic Bishops. makes that clear, but the rest of the econ- Washington because it has specialized I ask unanimous consent that edi- omy, too, remains enmeshed with the broad- jurisdiction. It was created to hear pat- torials from the Rutland Daily Herald, er, changing world. ent appeals and cases involving tech- the Burlington Free Press, and the New nical intellectual property issues, York Times be printed in the RECORD. [From the Burlington Free Press, Mar. 28, those issues which have so much to do There being no objection, the mate- 2006] with the economy of our country. It rial was ordered to be printed in the IMMIGRATION BILL SHOULD HELP FARMERS was not set up to hear immigration ap- RECORD, as follows: peals. In fact, the Judicial Conference, Vermont needs immigrant labor to help on [From the Rutland Daily Herald, Mar. 28, dairy farms. There are currently more than chaired by now Chief Justice John Rob- 2006] 2,000 Mexicans filling relatively low-paying erts and Federal judges from across the ONE WORLD farm jobs that Vermonters won’t accept. country, expressed serious concerns Vermont’s economy is sending a mixed Without that immigrant work force, some with these proposals. The chairman did message. Unemployment is low, and median dairy farms would go bankrupt. the right thing when he agreed to hold family income is growing. But economic That’s a reality. a hearing and further consider what growth is imperiled by a shortage of work- As the U.S. Senate focuses this week on provisions will best correct the prob- ers, and the costs of housing and health care immigration reform changes, Congress lems created by former Attorney Gen- are becoming increasingly burdensome. should recognize the needs of farms for this eral Ashcroft’s ill-conceived actions The labor shortage is having several effects critical labor source. The Senate should cre- ate a program to allow hard-working immi- with respect to these matters in cut- in the economy. One of them is the appear- ance of large numbers of illegal immigrants grants to legally hold jobs in this country. ting down the number of people who to work on the state’s dairy farms. The prob- That might be structured much like the could handle such matters. lem of illegal immigration will come before current program that allows immigrant I ask everybody to look at the peace- Congress this week, and it is a contentious labor—primarily from Jamaica—to work for ful demonstrations around the country and complex issue. The situation in Vermont less than a full year in Vermont picking ap- over the last week. I will pick just is a microcosm. ples. one—in Los Angeles, half a million It is often argued that workers from Mex- The Senate Judiciary Committee on Mon- people. I can’t help but notice that. We ico, legal or illegal, are essential to the econ- day passed a good version supported by Sen. have slightly over 600,000 people in my omy because they are willing to do work Patrick Leahy, D–Vt., that suggests a three- State. They had almost the population that U.S. workers are unwilling to do. But as year work program that can be renewed. Paul Krugman notes in the column below, The changes cannot create a permanent of my State in a peaceful demonstra- workers shy away from low-paying jobs be- tion in Los Angeles. They were calling ‘‘underclass,’’ as some have suggested. In- cause they are low-paying. If a farm worker stead, it should be based on ‘‘common sense, on us, calling on the Congress, the U.S. earned as much as a school teacher, there decency and reality,’’ said Vermont Agri- Senate and our colleagues in the other would be more people willing to milk cows culture Secretary Steve Kerr. body, to recognize the human dignity for a living. But farmers are in a bind. If This is not a partisan issue. Vermont Sens. of all. These aren’t numbers. These they had to pay that much for farm labor, Jim Jeffords and Leahy support such a aren’t numbers. These are human they would either have to raise the price of change. President Bush has also expressed a beings. Do the right thing. We can do it milk or they would have to absorb a cost desire to enable immigrants to cross the bor- that few could afford. The price of milk is der and fill job vacancies, and Sen. Larry in keeping with the longstanding out of their hands, and as long as illegal im- American values. Let’s not take the at- Craig, R–Idaho, has sponsored an agricul- migrants are available to hire, they play a tural jobs package. titude that we are here, so no one else role providing low-cost labor. There is resistance, however, from some Thus, farmers who refuse to hire illegal should be here. We are a nation of im- senators who worry about security threats immigrants find themselves at a competitive migrants. We really are. In this case, if linked to opening the borders in such a way, disadvantage, forced to pay higher wages for we are going to truly have the Amer- and those who don’t want to reward immi- the same labor. That’s why business inter- ican dream, we also need a comprehen- grants who have broken the law to enter this ests are among the chief proponents of allow- country. sive solution to what has become a na- ing guest workers into the country legally. tional problem. We need a fair, real- Business reaps the benefit of low-cost labor. While it is important to tighten border se- istic, and reasonable system that in- The result is that there is an underclass of curity, this does not preclude taking respon- cludes both tough enforcement but im- workers, legal or illegal, willing to work at sible steps to allow carefully screened immi- migration reform provisions. The bill wages below what is deemed by many to be grants to hold jobs in Vermont that provide livable in the United States. It is a con- income for their families and help the state’s reported by the Judiciary Committee is struggling dairy industry. that bill. sequence of our proximity to Mexico. Sub- standard wages in this country are desirable ‘‘This is a deciding issue,’’ Kerr told the This could be a pivotal moment in Free Press on Monday, as the Senate Judici- helping to achieve that goal. The Judi- to many Mexicans who, even earning low wages, manage to send home money to sup- ary Committee in Washington began serious ciary Committee’s debate has produced port family members left behind. The eco- work on immigration legislation. ‘‘This is a a bill that I believe would make my nomic inequities between Mexico and the litmus test.’’ grandparents proud. But I think it United States cannot be abolished by passing Kerr said Vermont farmers would certainly would make the ancestors of all of us a tough immigration law, and the result is prefer to hire local labor for these jobs. But, proud. It is worthy of our support. We downward pressure on wages for Americans. he said, it is virtually impossible to find peo- should stop and think for a moment in That downward pressure exists in the in- ple willing to take these low-paying, phys- dustrial sector as well. Many old companies ically demanding jobs. The Mexican workers this body, this exclusive body—there are paid roughly $8 an hour, and the farmer are only 100 of us who get a chance at have departed over the past 40 years, re- placed by a new brand of high-tech company provides many of the basics, including hous- any given time to represent almost 290 or by service sector jobs that pay less than ing and heat. million Americans—should we not do traditional factory jobs. Vermont has re- Creating a program that documents the ar- something that makes the country gained its footing after the industrial decline rival of those workers makes sense. Local proud, makes those other 290 million that hurt Springfield, Rutland and law enforcement would know who is living in Americans proud and makes us in this Bennington so badly, but continued indus- their communities, and the workers would body proud? trial growth remains hampered by the labor have the security of moving freely off the I thank the many individuals and or- shortage caused by an aging population. farm and knowing they aren’t at risk of ganizations who were so helpful to us On top of these pressures are the extra bur- automatic deportation. during committee consideration of the dens of high housing and health care costs, Most importantly, farmers would have a which hit low- and middle-income workers reliable, hard-working group of people help- bill. Included among those supporting the hardest. Market forces beyond Vermont ing with the milking and other demanding this measure are many labor unions, are driving up those costs, and efforts in farm tasks. For some, that might be the dif- the U.S. Chamber of Commerce and Montpelier by the Douglas administration ference between staying In business or other business groups, leading Hispanic and the Legislature to ease the burden of throwing In the towel.

VerDate Aug 31 2005 02:34 Mar 30, 2006 Jkt 049060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.072 S29MRPT1 CCOLEMAN on PROD1PC71 with SENATE March 29, 2006 CONGRESSIONAL RECORD — SENATE S2517 [From the New York Times, Mar. 29, 2006] The PRESIDING OFFICER. Who In 1906, Cherubino, who was my fa- IT ISN’T AMNESTY seeks time? ther, arrived at Ellis Island, having left Here’s one way to kill a cow: take it into The Senator from New Mexico. a little town called Lucca, Italy. He ar- the woods in hunting season, paint the word Mr. DOMENICI. Before the distin- rives in Albuquerque, NM, I told these ‘‘deer’’ on it and stand back. guished Senator leaves the Senate young Indian students. He went to Something like that is happening in the floor, Mr. LEAHY, might I say that I work in a grocery store that, believe it immigration debate in Washington. was present while you spoke this after- or not, was named the Montezuma Mer- Attackers of a smart, tough Senate bill have noon. I was here when the distin- cantile Company, and it was owned by smeared it with the most mealy-mouthed guished chairman of the committee word in the immigration glossary—am- Italian immigrants. These Navajo nesty—in hopes of rendering it politically spoke. I commend both of you for the young people were wondering in awe, toxic. They claim that the bill would bestow diligent and obviously hard work you what are you talking about? I said, an official federal blessing of forgiveness on put in on a very hard subject for the well, that is the way America was an estimated 12 million people who are living American people. I think we got off to then. They welcomed aliens. There here illegally, rewarding their brazen crimes a good start today. Your hearings set were no illegal aliens. If you came from and encouraging more of the same. the right pace for Americans to begin Europe during those times, they said, That isn’t true. The bill, approved by the to understand that immigration is a Senate Judiciary Committee in a 12–to–6 come, we want you. They didn’t say complicated issue but that it can be you are automatically a citizen, but vote on Monday, is one the country should be solved. I am much more optimistic proud of. Four Republicans, including the they said come. These two boys were committee’s chairman, Arlen Specter, joined than I was a couple of months ago that brothers; my dad came with his broth- eight Democrats in endorsing a balanced ap- even with these timeframes which have er. The reason why is something that proach to immigration reform. The bill does been tough on you all, these mandates should not take the Senate’s time to- not ignore security and border enforcement. by our leader that you get things done night, other than to say they planned It would nearly double the number of Border by a time-certain, we have both been to bring my father only, but he got Patrol agents, add resources for detaining il- here long enough to know that maybe legal immigrants and deporting them more scared to come without his brother, so that is how you get it done. he cried and his brother said I will go, quickly, and expand state and local enforce- Mr. LEAHY. Mr. President, I thank and then my dad said I will go, too. He ment of immigration laws. It would create a the distinguished senior Senator from said if you go, I will go. So his father system to verify workers’ identities and im- New Mexico. We have known each pose tougher punishments on employers who played Solomon and sent them both. other for over 30 years. I appreciate his defied it. They went to France and got on a boat But unlike the bill’s counterpart in the words. I thank him. Mr. DOMENICI. Mr. President, I am and arrived in Albuquerque in 1906. House, which makes a virtue out of being We became a State in 1912. If my going to speak today very personally tough but not smart, the Specter bill would math is right, that is 6 years later. also take on the hard job of trying to sort because I don’t think very many people Guess what. By then, my father had out the immigrants who want to stay and know, certainly looking here at my bought the grocery store. He never follow the rules from those who don’t. It good, new friend occupying the chair went to school, but you see, he was would force them not into buses or jails but from the State of Oklahoma, I am into line, where they could become lawful quite certain he doesn’t know that this still able to buy the grocery store. He residents and—if they showed they deserved was an alien. He worked hard and guess it—citizens. Instead of living off the books, Senator was born by a mother who un- knowingly was an illegal alien. She what happened. The war came along. they’d come into the system. Don’t get too far ahead of yourself. It The path to citizenship laid out by the happened to be Italian. We are now Specter bill wouldn’t be easy. It would take talking more about Hispanics, al- was the First World War. He got draft- 11 years, a clean record, a steady job, pay- though not exclusively. But today in ed as an alien. They put him in the ment of a $2,000 fine and back taxes, and the Senate Hart Building, the Senator Corps of Engineers. He told me one knowledge of English and civics. That’s not from New Mexico had before him on day: They wanted to promote me, but I ‘‘amnesty,’’ with its suggestion of getting the floor of his office, and in the chairs told them I didn’t want another bar be- something for nothing. But the false label cause I spoke English too poorly and I has muddied the issue, playing to people’s that we had, about 30 Navajo young men and women—10th, 11th and 12th was embarrassed to drill the boys. He fear and indignation, and stoking the oppor- was a little older than some of them, tunism of Bill Frist, the Senate majority graders—with a few adults, and about 5 leader. Mr. Frist has his enforcement-heavy or 6 students from a completely dif- but he turned down the little button, bill in the wings, threatening to make a dis- ferent part of the State of New Mexico. or whatever you get, because he didn’t graceful end run around the committee’s They were sitting on the floor asking want to sound like an Italian instead of work. me if I would talk to them about my- an American, so he did not take the The alternatives to the Specter bill are self. ‘‘Who are you?’’ they asked. promotion. senseless. The enforcement-only approach— I started off by telling them who I But he still came home from the war building a 700–mile wall and engaging in a a hero. And because of his service, he campaign of mass deportation and harass- was. I gave a little bit of a lesson on the Constitution, and about there was made a U.S. citizen. Guess what. ment to rip 12 million people from the na- He went to see the best lawyer in Albu- tional fabric—would be an impossible waste being only two Senators from each of time and resources. It would destroy fami- State, and how lucky we are, because querque, NM, before he married my lies and weaken the economy. An alternative we have just as many Senators as New wonderful mother. He said: If I marry favored by many businesses—creating a tem- York has. Of course, they knew that. I her, because she has not finished her porary-worker underclass that would do our told them that might not seem fair, paperwork for citizenship, will she be a dirtiest jobs and then have to go home, with but the Constitution makes it fair be- citizen? The lawyer said: Oh, yes, sure, no new path to citizenship—is a recipe for in- cause it is the document of fairness. she will be a citizen. Now, you see, that dentured servitude. Then we proceeded to talk about how was wrong legal advice. So here my It is a weak country that feels it cannot secure its borders and impose law and order I got here. I told them the story of how mother bears four children to a won- on an unauthorized population at the same I ran for office on a dare and got elect- derful citizen whose grocery store is time. And it is a foolish, insecure country ed. Then I talked about some dates in growing. She becomes kind of that does not seek to channel the energy of our State’s history. I said, in 1912, New everybody’s leader, the Parent-Teacher an industrious, self-motivated population to Mexico became a State. Before that, in Association president, raising all the its own ends, but tries instead to wall out 1906, 2 boys arrived at Ellis Island with money for the Catholic school, and ‘‘those people.’’ an uncle. One of these boys with the guess what. She is an illegal alien. It’s time for President Bush, who talks a last name Domenici had a strange first My mother hadn’t been back to Italy good game on immigration, to use every since she was 3 years old. Remember, means to clarify the issue and to lead this name, Cherubino. People wondered country out of the ‘‘amnesty’’ semantic trap. what that was. In Italy, that was a nice that is like some of our aliens in Amer- He dislikes amnesty. Mr. Frist dislikes am- name that meant ‘‘little angel.’’ He ica. You know them, Senator MAR- nesty. We dislike amnesty, too. was born the last child of that Domen- TINEZ. They have been here 30 years, The Specter bill isn’t amnesty. It’s a vic- ici family because his mother died in they have never been back to their tory for thoughtfulness and reason. childbirth, so they named him ‘‘little home countries, they live in the same Mr. LEAHY. I yield the floor. angel.’’ neighborhood, they have children and

VerDate Aug 31 2005 04:08 Mar 30, 2006 Jkt 049060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A29MR6.026 S29MRPT1 CCOLEMAN on PROD1PC71 with SENATE S2518 CONGRESSIONAL RECORD — SENATE March 29, 2006 they marry Americans, just like my hooligans and people who are drug ad- far as benefits to Mexico, the Presi- mother. One afternoon when I am dicts. Of course, when you have some- dents of the two countries must enter about 9 or 10 years old, sitting in the thing as intricate as the border, which into an agreement regarding enforcing backyard, guess who arrived? It was is where economics come into con- our drug laws, human smuggling laws, during the Second World War, 2 years frontation—the economics of poverty and immigration laws; and also where before the end, or a year and a half. come into confrontation with the de- Mexico will encourage their residents Who were we at war with? Italy. The sire of adults to get ahead; that comes who live here to come forward and be immigration officers arrived in their into confrontation with those who recognized under the law. And, fellow big black cars. They pulled up to the want to make money by taking advan- Americans, what we put on paper and house, and there was the Senator-to-be tage of that desire and charging people make our law is going to have to be 45 years later—little PETE—with his and becoming human smugglers—the significantly enticing enough for these sisters, and here they come. Of course, thieves of human bodies; and that millions of undocumented workers, we think what happened was there was comes into confrontation with lying to some of whom have been living here a a flamboyant Italian man nearby that and cheating Federal agents. You have long time, to risk putting up their used to—excuse me—imbibe on week- this whole panorama of what is going hands and saying: I will exchange the ends. They think he had a little too on along our borders. Then we keep way I am living now for this new prom- much imbibing and he was singing a waiting for it to get solved, while all ise, this new proposal. song out the window of the third floor the time, day by day, thousands upon It better be good enough or they will of a hotel, right on top of the grocery thousand of stories such as I have de- continue living the way they are. So it store, the Montezuma Grocery Store. scribed are occurring. has to have something in it that they Of course, singing Italian, he probably There is no way to sit back, whether want. excited some American who was a you are a competent, powerful radio But it also has to say to the Amer- supercitizen, right? He was worried announcer, newspaper article writer, ican people: We have this situation about these illegal aliens. So the immi- editorial page writer, or local neigh- under control; it is not going to con- gration officers set about to see who borhood noisemaker—there is no way tinue on after we pass this bill. And that gets back to the 10 million to 15 among us were illegal aliens, and there you can properly capture the reality of million undocumented workers who she was, my mother, Alda Domenici. what we have let happen to this coun- live here. We have called them all They decided she had to be arrested be- try. I, for one, want it to be known kinds of things. Let’s just say the 10 cause she was an illegal alien. So, sure that I think this problem is solvable. I million to 15 million aliens who live in enough, they came to do that and a believe we can tighten up our borders. the United States who are not citizens neighbor had to come over to take care I believe it will take time—I believe it of the United States, some of whom of us kids. I was about 9 or 10. I was is impossible to pass a law and 6 came here totally illegally, some of pretty frightened. I remember that we months later have a border that is as whom came here under temporary per- had a nice Zenith radio, a standup, and tight as a belt, as some people say. It mits—that group of human beings has it had an aerial in it that would permit is going to take a lot of equipment and to be addressed by this legislation in a you to get music and pick up noise manpower and a lot of machinery and humane way. They must be addressed from overseas. The agents disconnected technology to do that. It is also going in a way that recognizes that they are the radio so we could not communicate to take the next 2 or 3 weeks in the currently contributing significantly to with the enemy. Then my father ar- Senate of human willpower built the United States, that they probably rived at home. But guess who else ar- around a spirit that is American, that are going to continue to contribute to rived. That lawyer who advised my par- recognizes our country was built by our country, and that what we have in ents on my mother’s immigration sta- people such as those I have described. our minds about who they are and what tus came because my father called him And there happen to be not as many they are is probably not what they up. That great lawyer, whose son was named Domenici as there were back really are. In our minds, we have pic- later Governor of New Mexico, got then; more are named Martinez than tures of them being leeches, people who there to the house and said: What is Domenici today, and Salazar, and Cha- are living off us instead of producing the matter with you guys? This is no vez; and many of their first names are something we want or need. lady to be arrested. She has been living not like mine, which was Pietro, but I hope I get a chance to give another here since she was 3. Look at all her they are Enrique and Carlos. few comments later. I have some very kids, and her husband has been running I think there is a willingness to work valuable information about the eco- this business. And the agents said: We these issues of border security and im- nomic contribution of these people. It have these orders that she has to be ar- migration reform out. I want to sug- is a very big contribution, in the bil- rested. To make it short, the lawyer gest a couple of items. I believe the lions of dollars in commerce coming answered: Why don’t you arrest me, American people are going to under- from these people living in our coun- too. stand before we are finished that we try. There are billions of dollars in So they had to arrest the lawyer, too. are going to do our very best to make GDP contributions. They took him to wherever they were the border such that it will not be pen- What kind of jobs are these people we going—to Federal court, I suppose, and etrated every day by thousands of peo- are talking about currently doing? they took my dad’s gun. A couple hours ple who will be violating this new law Some of us speak about them as if the later they put up the bond and she we pass. I believe that is going to hap- only jobs they have are kind of trashy came home. I don’t know when—prob- pen. old jobs that nobody else wants. That ably about 6 months later—she filled I do believe, however, one thing that is some misinformation, too. They are out all the forms to become a U.S. cit- has not been discussed enough is that taking some menial jobs. We con- izen. we are going to have to get much more stantly say: Why don’t we let them Why do I tell you this story? I want cooperation from Mexico to get that come here because they will take those everybody to know that I am a Repub- done, and I would like my friend Sen- jobs that nobody else wants? But they lican. I don’t want anybody to think ator MARTINEZ, who is here, to talk are also engaged in some very good that in order to understand what it is about that when he makes his com- jobs. There are carpenters and auto- like to have things happen to you like ments. mobile mechanics in certain cities. what happened to me, you have to be a The Mexican government and our They have moved their skills upward Democrat or a Republican; you just Government must enter into an agree- beyond that temporary permit they have to live in this country during ment, an accord, when this bill is fin- have, and they are in another category, these times, when things like this hap- ished that they are going to jointly see but they can’t move up into that new pen. They happen and you know ex- that our border security provisions get category under current law, to rep- actly how people feel. They are like ev- enforced. I have a provision requiring resent the new kind of lifestyle they erybody else. that in a bill that I introduced called live. We talk about this whole issue of il- the WISH Act. It has provisions saying Also, about half of them have lived legal aliens as if we are talking about that before the bill comes into force as here a short period of time, and about

VerDate Aug 31 2005 04:08 Mar 30, 2006 Jkt 049060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.074 S29MRPT1 CCOLEMAN on PROD1PC71 with SENATE March 29, 2006 CONGRESSIONAL RECORD — SENATE S2519 half of them have lived here a long residency, without leaving the United I thank Senator KENNEDY for indulging time. So I am just going to describe States. We would have no caps on the me for a couple of moments. I know we what maybe is the way we get the issue number of visas for these change-of- are supposed to go back and forth, but of undocumented workers solved. Let’s status grants. I appreciate the opportunity to be consider drawing a line at those who It would appear to this Senator that heard following Senator DOMENICI be- have lived here longer than 5 years. It this could be the beginnings of a com- cause I believe my comments are ger- seems to me that this is an important promise built around something that is mane to the comments he made. I consideration, an important issue to understandable, realistic, and should thank the Senator from Massachusetts look at because if one lives here for be given due consideration by this for his courtesy. These will be very several years, that person certainly has body. brief comments. a different relationship with the com- Not having had the burden—or the Mr. President, I say to Senator munity and probably a different rela- luxury—of serving on the Judiciary DOMENICI, I love hearing his story be- tionship all the way around than some- Committee, I have told Senator KYL, cause it is the story of America. It is body who just arrived last week or who has worked very hard on this the fabric of America about which he even somebody who works 3 months issue, that I am willing to work with spoke. I was so touched by the way he and goes home. If someone has lived him, and to the best of my staff’s abil- told it. Obviously, as the only immigrant in here for 5 years and has been working ity they will work with him, to see if the Senate, I think it is terribly appro- and maybe is just like that lady I de- we can’t come up with some kind of a better approach than has been forth- priate that I speak at the outset of this scribed, my mother, who is living with very important national debate on this an American and has children and has coming heretofore. I notice Senator KENNEDY is present. issue in the Senate. been here 10 years but is not a citizen, I am reminded as we talk about these we have to figure out how we are going Senator MARTINEZ has asked if he could speak next, and he has been wait- issues that there are so many inter- to handle that. ing for quite a while. I assume that is esting connections. When I came to the I believe the President of the United Senate as a Senator from the State of States deserves enormous credit for satisfactory. In the absence of the Senator from Florida, it was such an incredibly sticking with this issue for a long time. Massachusetts, I spoke about the fact proud moment for me and, frankly, for People have said: Where is the plan? He that frequently we get legislation done many in the community from which I was the only big voice in America for when we are told we must do it under come—the Cuban-American commu- the last 3 or 4 years that has con- a deadline. There is still a lot to do on nity—since I was the very first Cuban stantly said we have to do something this bill, but I can tell the Senator, American to have this distinction and about this problem, and it is not just there are a lot of people pulling for a this honor. I also am probably the first buttoning up the border. He said we solution and who want to be helpful. Florida Senator to ever serve in the have to go beyond that and provide This is, indeed, a true turning point U.S. Senate who was not born in Amer- something for those who want to live in modern American domestic policy ica. But, Mr. President, the story of and work here—we must give them a history. It is a big opportunity. We America is such that, as I started to chance to live here under humane cir- solve it or we have some of the worst look at that history, I found out that cumstances with the kind of grace and problems confronting the American the very first Senator from Florida, opportunity that is a privilege of living people that we can imagine. It has al- when Florida became a State—I believe in America. I think he is still saying most gone beyond the solvable, but not in 1854—was a fellow by the name of that. quite because we are pretty sanguine Yulee Levy who was actually born in I am hopeful that before we finish and willing to work. the Middle East. He was a fellow who this debate, the solution is going to Just as Senator KENNEDY and his had come to America as an immigrant come from a White House-Senate- family have their roots in Ireland, I and who ended up representing the House melding of ideas along the lines had an opportunity to speak this after- State of Florida as the very first of two of giving some special treatment to noon about a very strange incident of Senators who came, and he, in fact, those who have lived here for a longer how this Senator happened to be born beat me by a good little margin as the period of time—different and better to a woman who thought she was first foreign-born Senator from the treatment, easier access to the U.S., American but was not. So I lived in a State of Florida. But that is the sort of perhaps easier access to a higher level family for quite a while with a father history our country is made of. of status than what they had when who became a citizen only because he This is such a timely and important they came here. served in the First World War. He mar- debate. I am pleased that you would That is the essence of a proposal that ried a woman who he was told would be mention our President, who has been I put in what I call the WISH bill. an American if he married her. He was very steadfast and very strong on the Workers who are here less than 5 years told that erroneously by a lawyer, and issue of a comprehensive solution to under my proposal can apply for and she was arrested during the Second our immigration problem. I love so get a visa without leaving the United World War—taken right out of our much that you began this debate in States. If they are unemployed for no household. So I understand this whole such a loving way, in such a civil way, more than 30 consecutive days, they idea of a household with a father who and in a way that allows us to think a get a renewal of that 3 year visa two is American and a mother who is not, little bigger and a little higher than more times. Then they have to leave but they are living, working, and get- the combat of the day and the rhetoric, America for at least three years. That ting ahead and driving their business. I frankly, which so often gets so heated, proposal is for people who have been understand that they are just like which so often gets so beyond the pale here less than 5 years. every other family in America. There of what ought to be. I am proud of the One would say that is not so good. is nothing different. They have the Senate as the Senator begins this de- But what we are talking about is giv- same love, same hope, same will, and bate with such a note of civility. ing these people 9 full years to do their same aspirations as those of us who I believe we recognize first and fore- best to arrange things and have what- were born here have. most that our immigration system is ever successes they can make. So that I am here to be helpful. I thank the broken, that we have to fix it, we have is one approach to one portion of these Senate for listening, and I thank the to set about fixing it. The Senator is so people who are undocumented workers. Senator from Massachusetts for listen- right when he speaks about the fact I suggest we split this group of people ing to me again the last 5 minutes. My that it is almost too late to fix and we so that those who have been here for wife is going to give me a note saying have to act and we must act now. It is longer than 5 years—which they can that my face is getting red, and it is important, too, that we focus on a prove that with workers’ affidavits and time to sit down. I yield the floor. comprehensive solution. the like—start by obtaining the same The PRESIDING OFFICER. The Sen- It is obvious that we have to fix the visa I just discussed, but after 5 years, ator from Florida is recognized. border. All of us want to see the border they can apply for another visa or a Mr. MARTINEZ. Mr. President, first, be secured and protected, to be some- change of status, except permanent I thank the Senator from New Mexico. thing other than what we have today.

VerDate Aug 31 2005 02:34 Mar 30, 2006 Jkt 049060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.075 S29MRPT1 CCOLEMAN on PROD1PC71 with SENATE S2520 CONGRESSIONAL RECORD — SENATE March 29, 2006 The resources will be there, we will do terms of the whole American experi- been failures and some successes, but it, and it will be a commitment that we ence. Senator DOMENICI talked about the challenging opportunities are the make first and foremost for border se- his parents and how they worked ones we face today. This is an issue curity. I think all of us, no matter through the process of becoming proud which isn’t going to go away. It is where we come from, appreciate the le- Americans, and the good Senator from going to take the best that is in all of gality involved in border security, but Florida told, as well, the story of an us. I am very hopeful that when the in addition to that, we have to be care- extraordinarily successful immigrant vote is finally cast, it will be for a ful of the rhetoric. I don’t believe we who came here and is now serving with meaningful, comprehensive program should allow the loudest voices, not great distinction, representing the peo- that will recognize the national secu- necessarily the best voices, to make a ple of Florida. rity issues which are involved, will un- definition of what amnesty is and what Last evening, just as the Senate was derstand the economic issues involved, amnesty should be. I believe we should about to adjourn, Senator MCCAIN, who and finally, and perhaps most impor- look to solutions that are rooted in is the primary sponsor of this legisla- tantly, understand the issues of values what America is about and our Amer- tion, introduced me to a wonderful which are involved. I will have more to ican values. young American, Fabian Nunez, and say on that on the morrow. We cannot ignore the millions who Fabian Nunez is the speaker of the I yield the floor. already are here. California Assembly. His father was a The PRESIDING OFFICER. Who We have to give the border its impor- Bracero in the 1950s, and at the end of seeks time? The Senator from Alabama tance, but we have to look beyond that the Bracero Program, he went back to is recognized. to the fact that there are millions who Mexico. He came back here—the boy Mr. SESSIONS. Mr. President, we are have been living here and contributing did—with his mother, who had been a a Nation of immigrants. There are so to this Nation, and we look forward to maid and was also undocumented. She many great stories of people who have an opportunity to figure a mechanism. had worked two jobs. And this young come to this country and enriched our Senator DOMENICI has put forward a boy came back to the United States— Nation and benefited their families and proposal—and there are many others as a young boy, had gone back to Mex- had great life experiences. There is no on the table, obviously. The bill out of ico and came here at 8 years old. I also dispute about that. I don’t think there the Judiciary Committee makes an im- talked by telephone to the father, who is a single Member here who would portant contribution there. We need to is 83 years old, and he said how proud deny that. find a way that we can come to grips he is that his son is now the speaker of But there is a suggestion that those with what to do with the millions of the California Legislature. That is the who do not support the Kennedy bill— people who are living here and who are real story of America. or whatever you want to call the bill already here making a contribution. At other times, we have seen where that came out of the Judiciary com- The Latin community of America, Democrats and Republicans have come mittee, of which I am a Member and the Hispanic community of America, together and Presidents have come to- the Presiding Officer is a Member—if has been galvanized by this issue like gether with the Senate and the House you don’t support that bill, you want no other. This is a historic moment in and have taken action that has moved to run everybody out of the country our history, and it is a moment we this Nation. That was certainly true and you want to lock them up and have to treat with great care and great during the civil rights legislation prosecute them. If you don’t support importance how we set the tone of this where we knocked down the walls of this bill, you have bias against them debate. I am hopeful that as we look to discrimination, of race and religion, and you don’t believe in immigration. the future, we will come up with solu- and also of gender. We knocked down You don’t believe in the great freedoms tions. I am very hopeful that we can the walls of discrimination against the of our country. Nothing could be fur- come together as a Senate. I am very disabled with the Americans With Dis- ther from the truth. That is not right. hopeful that the Congress will come to- abilities Act. We came together as well What we are trying to do is to de- gether, with the help of the President to pass the Medicare Act so that many velop a system to deal with the immi- and others interested in this debate, to of our elderly people would not live in gration crisis that we have that is con- come up with solutions which will pro- poverty and also would be able to get sistent with our values as Americans, vide a way forward, which will provide the health care they needed. We came that is consistent with the rule of law a historic opportunity for the people of together to do that. We came together in this country, that treats people who America to be one Nation, to be, as our in terms of the higher education legis- do the right thing better than it treats model says, e pluribus unum—‘‘For lation, and today millions of young people who do the wrong thing. That is many, one’’—because I do know that people are benefiting from that system. what this debate is all about. We are the immigrants who come to this Na- I certainly hope that we can, as we trying to set policy for the future tion do not come to change America, start this debate, come together as about the people who are allowed into they come to be changed by the mir- Americans to deal with this issue. our country, how many and under what acle that is America. It is a new civil rights issue, but it is circumstances. A Nation surely has a I know that I, as an immigrant, was one that is going to continue to be an right to decide how many people it al- changed by America. When I came issue unless and until we address it. lows to come in. We are one of the here, much like Senator DOMENICI’s fa- There are different approaches, and most generous nations in the history of ther, I did not speak the language. You they have been outlined earlier today, the world in allowing people to come learn the language. You make it your and they will continue to be outlined here. But we have a right to decide how business to become an American. I did tomorrow. But I think the stories we it should be done. not understand this culture. I had no heard this evening are the clearest and Under this bill, we have provisions idea as a 15-year-old boy what the most compelling evidence of what this that actually allow a virtually unlim- country was all about, but I made it country is when it is at its best and ited number of unskilled workers to my business so that I could make a what it can be. It is in that spirit that come in, but limits the amount of contribution to it. Senator DOMENICI spoke and that Sen- skilled workers that come in. How So I am hopeful that we can come to- ator MARTINEZ spoke and that others weird is that? gether to find solutions to these issues. have spoken, Democrats and Repub- This legislation came together in a There is nothing easy about this prob- licans. It is that spirit which we hope most hasty way and violates a number lem, and I know people of good will will to capture when we address this issue of principles. One thing I would men- come together so we can move forward and finally vote on the legislation that tion, the Presiding Officer, Senator in a positive way, in an American way. is before us. COBURN, has been involved in these dis- The PRESIDING OFFICER. The Sen- I look forward to having the chance cussions. I know he and I share a com- ator from Massachusetts is recognized. to speak at greater length tomorrow. I mon view about it. I thought we all Mr. KENNEDY. Mr. President, for spoke earlier today about the history agreed we would not have amnesty. the last 15 minutes or so, we heard the of the whole migrant program and the The President, as much as he believes stories that have true meaning in steps that have been taken. There have in bringing people into this country, as

VerDate Aug 31 2005 02:34 Mar 30, 2006 Jkt 049060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.077 S29MRPT1 CCOLEMAN on PROD1PC71 with SENATE March 29, 2006 CONGRESSIONAL RECORD — SENATE S2521 much as he believes in allowing work- in our grasp to do so. But I am not What is required of the person who ers to come here who want to work, has going to support the legislation that is seeks it? The truth is that other than said: No amnesty. Our Democratic col- before us now. It is just not good. illegal presence in the United States, leagues have said: No amnesty. This The question about amnesty and very little is required. morning I said: The truth is, this bill is where we are arises from the nature of We have been following very care- amnesty. It is exactly like the 1986 bill, the provisions in the bill that passed fully the draft of the bill that we were and everybody said that was amnesty. the Judiciary Committee. I don’t know provided and that we had as we voted They didn’t even dispute it. what to call it. I guess it is the Ken- on this legislation in Committee. The I have the definition from ‘‘Black’s nedy-Specter bill. Senator SPECTER’s final passed version, however, is still Law Dictionary,’’ the one law students bill, though, that he offered and we being cobbled together, but I am con- use to get legal definitions, and it uses began with, did not do the unprincipled fident that what I’m saying is accurate the 1986 bill as an example of ‘‘am- things that this compromised bill does. with regard to these issues. nesty.’’ Of course it was. And the bill Senator FRIST, the majority leader, All illegal aliens present in the that came out of the Judiciary Com- has offered legislation that does not United States before January of 2004, mittee is the same thing. create a direct path to citizenship for who have worked illegally here since I have to tell you, Senator SPECTER’s the entire illegal alien population. His then for any amount of time, will first bill that we started with in the Judici- bill didn’t do that. The original Specter be given an H–5B nonimmigrant status, ary Committee was not amnesty. Sen- bill did not create a new or direct path good for 6 years. They are made legal ator FRIST’s bill is not amnesty. But to citizenship for illegal aliens. Before for 6 years. Their spouses and children the bill that we came out with was. the committee markup, the Specter will be given the same status. After 6 That is just a fact. I am going to go bill would have given illegal aliens years and another $1,000 fine, the aliens into some detail about that because working in the United States a tem- and their families will get green cards Senator KENNEDY has said it is false for porary work permit, renewable every 2 if the alien has been ‘‘employed in the me to say this is amnesty. We are years as long as the individual was United States, either full time, part going to talk about it. Senator LEAHY working. time, seasonally, or self-employed, or said it is not amnesty. Why are they We still don’t have the language that has met educational requirements.’’ saying this now? I’ll tell you what is passed out of the Judiciary Committee. The education requirement is as going on. I know Senator COBURN has been broad as being in a 1-year vocational They are over there talking with the around Congress for some time, and he work program at ‘‘an institution of President and they are trying to get a serves on the Judiciary Committee higher education.’’ compromise. They are trying to come with me. We still don’t have the lan- These requirements are very broad. up with something so they can come guage we voted on Monday. I don’t A self-employed person could be back and say it is not amnesty. They know for sure exactly what it is, but someone who worked 1 day a year, and will claim that they moved in this di- we sure should not be passing a piece of there is no limit on that definition. A rection and now they want to pass it. legislation when we haven’t even had a person who meets the work require- We are going to have to read this bill, chance to read it. and we are going to have to think But in the committee, a complete ment through education has to prove about it because it is a major issue fac- amnesty program was adopted for the that they had full-time attendance in ing our country today. It really is. We illegal alien population and large, new as little as a 1-year educational pro- need to do the right thing, and we can permanent immigration programs were gram, not that they completed any do the right thing. I am actually opti- created for low-skilled workers. The educational program. mistic about our options and our capa- committee bill, as reported, creates a Additionally, the work requirement bilities of coming up with something direct pathway to citizenship for aliens and education requirement for the that will work. But this bill is not it. It who have broken our laws. green card are completely waived if the is absolutely not it. You will hear claims that this bill is alien is under 21. After getting the I want to say a couple of things first. earned adjustment, earned citizenship. green card, illegal aliens will be able to We are going to pass legislation deal- Those are descriptions, but they are apply for citizenship like any other ing with the entry of people into our misnomers. This bill really is—in the lawful permanent resident. They are Nation. We are going to pass legisla- sense that we have been talking about put in the same status as the people tion, and I will favor properly drafted it for several years now as a part of an who came here legally. legislation that will increase the num- American dialog, in every sense of To satisfy the work requirement of ber of people who come to our country what people mean by amnesty—it is being employed in the United States, lawfully. We want to pass legislation amnesty. If it is not amnesty, it is the either part time, seasonally, or self- that treats fairly and decently and hu- same thing as amnesty. That is what it employed, the bill states that an alien manely the 11 to 20 million people who is. can conclusively establish his work are here illegally. But I hope and trust There are four different amnesty pro- history in the United States either by, we won’t pass amnesty which gives the visions in the bill. These four amnesty one, presenting records maintained by full benefits of legal entry into our programs are what you are voting for one of the following: Social Security country to those who come illegally. or against when you vote on the Judi- Administration, IRS or any Federal, That is really what we are talking ciary Committee bill. Let me clearly State or local government agency or about, because what we learned in 1986 describe to you the breathtaking enor- employer, a labor union, a day labor was that when you do that, before the mity of the four programs that I be- center, and ‘‘organizations that assist ink is dry on the bill, other people lieve clearly constitute amnesty in the workers in matters related to employ- come in illegally because they expect Judiciary Committee bill. ment,’’ or presenting two of the fol- we will be right back here again in this Element No. 1, the committee bill lowing: bank records, business records, Congress giving them amnesty again. takes every illegal alien in the United sworn affidavits from nonrelatives or So we need to reestablish the principle States who pays $1,000 and was em- remittal records. of law. That is all I am saying. We can ployed before January 7, 2004—whether However, the documents listed that treat people in a good way. We will not full time, part time, seasonally or self- conclusively establish work history are have to remove all of these people from employed—and puts that person on a not even really required. America. They would not have to be direct path to citizenship. The family Later on, the bill states that the bur- prosecuted and put in jail. How silly is of the illegal aliens, their spouse and den of proof that the alien must meet that? That can’t be done. Nobody is children, would also be given amnesty, to qualify is even lower than that. It proposing that. even if they are not already in the says: ‘‘The alien has a burden of prov- What we are working on is legisla- United States. They would now be able ing by a preponderance of the evidence tion that can bring law, bring prin- to come and come legally. that the alien has satisfied the require- ciple, and bring integrity to our immi- How will it be given out? How do you ments. An alien must meet such bur- gration system, and I believe it is with- get on this direct path to citizenship? den of proof by producing sufficient

VerDate Aug 31 2005 02:34 Mar 30, 2006 Jkt 049060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.079 S29MRPT1 CCOLEMAN on PROD1PC71 with SENATE S2522 CONGRESSIONAL RECORD — SENATE March 29, 2006 evidence to demonstrate such employ- graduation is not required—full-time On day one, when the worker arrives ment as a matter of reasonable infer- attendance at any secondary school, as in the United States, the employer can ence.’’ defined by State law, or you are a sponsor the alien for a green card. It Reasonable inference? That is not a minor under the age of 21, what does gives them legal permanent status. proof standard. It is a situation that qualifying for amnesty get you? Normally the employers or family allows everyone to qualify. The mere filing of an application for members sponsor the alien before they Why would we want to do that? amnesty triggers the following things: have the right to permanent entry and The bill then states: ‘‘It is the intent Employment authorization for the a green card. But this is a major of the Congress that the work require- alien, the alien’s spouse and children, change. The person can sponsor himself ment be interpreted and implemented permission to travel abroad and return and make his own application. So after in a manner that recognizes and takes to the United States, protection from 4 years of work, the new immigrants into account the difficulties encoun- being detained, determined inadmis- can self-petition for a green card and tered by aliens in obtaining evidence of sible or deportable or removed pending then be eligible for citizenship. employment due to the undocumented final adjudication of the alien’s appli- Normal grounds for inadmissibility, status of the alien.’’ cation for adjustment of status. except for the most serious crimes on It is not that hard to prove you have Only future conduct or a criminal worked. If you work for an employer, national security grounds, can be conviction removes these protections. waived for a fee of $1,500. All legal per- you can get the employer to provide a Additionally, if you have already manent residents are eligible for citi- statement that you worked for them been ordered removed from the United zenship after 5 years. All legal perma- even if you don’t have pay stubs. It is States or if you are subject to manda- nent residents, green card holders, not that hard. tory detention for a criminal convic- This basically obviates any require- tion, the Department of Homeland Se- after 5 years, are eligible for citizen- ment of proof and allows anybody to curity has to give you the opportunity ship. If they have not been convicted of qualify. to show you are eligible for amnesty a felony, if they have basic English I am just telling you that is what is before you can be removed. skills, they can become a citizen auto- in the bill. I wish it were not so. I am This will simply freeze the entire de- matically. People all over this country not making this up. I am reading to tention and removal operation of the and all over the world are waiting and you what is in the bill. Department of Homeland Security. hoping to be able to be selected to be The work standard is not a work If you are legally here in January of able to come to the United States fol- standard at all. In fact, the bill basi- 2004 because you got a work visa before lowing the laws and rules. cally says that Congress is telling the you came to the United States, you To be eligible to come to the United Department of Homeland Security to will not get the benefit of this am- States under this low-skilled immi- accept pretty much anything as proof nesty. grant worker category, the alien is of work. Repeat that: If you are legally here merely required to pay a $500 applica- This is an open invitation to fraud because you got a valid work visa or tion fee, undergo a medical examina- and will prevent Department of Home- permit before January of 2004, you do tion, and show they are capable of per- land Security from vetting out fraudu- not get the benefit of this amnesty. forming the labor or services required, lent applications. This amnesty benefits you only if you and have evidence of employment from It is a perfect example of why our im- came here illegally. ‘‘employers, employer associations or migration laws are so messed up. So we are only giving you a direct labor representatives.’’ Those are prob- We have placed so many difficult ob- path to citizenship if you first broke ably some of the people who have been stacles in front of agencies that are re- our laws. If you came here the right leading these protests the last few quired to enforce them that they have way and did not break the law, you are days. become utterly unenforceable. out of luck. No new path to citizenship Under the bill language, you can We say that we have a work require- for you. qualify for this new program and come ment, and then we say it can be sea- They say this is a guest worker pro- to the United States as a low-skilled sonal, it can be part time, and it can be gram. immigrant even if you were in removal The second major part of Specter- self-employed. Then we say just about proceedings and signed a voluntary de- Kennedy substitute amendment—that any records you can produce, or that parture agreement but never left, or was an amendment that was sub- you conjure up will be sufficient. But if you were already removed from the stituted for the original Specter bill in you do not have records and you have United States and illegally reentered. the past—is a new program for bringing a reasonable inference that you If you had been removed and illegally low-skilled workers into the United worked, they must let you qualify. reentered, you are eligible. Basically, that is what the Depart- States, in addition to illegal aliens al- One might ask, why does this pro- ment of Homeland Security office is ready doing these jobs. The program gram cover these people? I thought the going to do. They are going to accept puts them on a direct path to citizen- program was for people who wanted to anybody’s application. There is no way ship. It is a new program. come to the United States to work in you could object to it. This standard The new program would bring 400,000 the future, not for those who are al- appears to be a standard but is not one low-skilled workers per year into the ready here. This provision is specifi- at all. United States on a 3-year work visa. What about waiver of the work re- This visa is renewable for 3 years. It is cally designed to make sure that ille- quirement? What if you have not essentially a guaranteed entry for 6 gal aliens who are not covered by the worked since January of 2004 and did years to work in the United States. bill’s amnesty provisions because they not work before then. Does this bill This 400,000-per-year cap is supposed did not work in the United States prior leave you out? Does it mean you can’t to be limited, they say to 400,000. This to January of 2004, or because they be a citizen now? Can you qualify for is several times what the cap is today. were not legally present in the United this type of amnesty? The answer is I am mistaken—several times this States on that day, are not left without still yes. 400,000 is how many will be allowed to a direct path to citizenship also. Even if you are an illegal alien who come in under an illegal system. But This bill covers everybody. It should has never worked in the United States the cap that purports to be is com- be called ‘‘no illegal alien left behind.’’ and cannot produce any evidence to pletely artificial. If the cap is reached I am not exaggerating. It is fixed so reasonably infer that you have worked and actually 400,000 come in that year that if they are not covered under this illegally in the United States, you and and an additional 80,000 visas can be ‘‘magic’’ date, January 7, 2004, they are your family can get on the bill’s direct given out that year, the cap will go up covered under the new exemptions of path to citizenship. You get automatic automatically the next year as much the 400,000 people per year. amnesty, no requirement to prove as 20 percent. By the sixth year this Element three, the Dream Act. That work. program will immigrate 2.4 million was brought up several times. It never If you have full-time attendance at new low-skilled workers, at a min- moved in the Senate. But boom, in 2 an institution of higher education— imum, into the United States. minutes, Senator DURBIN offered the

VerDate Aug 31 2005 02:34 Mar 30, 2006 Jkt 049060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.081 S29MRPT1 CCOLEMAN on PROD1PC71 with SENATE March 29, 2006 CONGRESSIONAL RECORD — SENATE S2523 Dream Act and we voted on it in com- that receives funds under the Combined their immigration status to that of a mittee Monday afternoon as an amend- Federal Campaign, or prove an extreme legal permanent resident. This change ment to the bill. It took him less than and unusual hardship, and you have in status would make them eligible for 2 minutes to get it in the bill as an good moral character and do not have Federal financial aid. Pell grants and amendment. a deportable offense. It is a guaranteed Stafford loans currently comprise 85 The Dream Act does two things. It step forward if you do not do some- percent of postsecondary student aid grants amnesty to an unlimited num- thing wrong and get yourself convicted available to citizens and eligible non- ber of illegal alien minors who grad- of a felony. citizens. In fiscal year 2002, 8.8 percent uate from a high school and enroll in After 5 years, those green card hold- of the individuals receiving Pell grants college or the military for at least 2 ers can apply for citizenship and can- were eligible noncitizens over 380,000 years, or who perform hours of volun- not be denied if they meet the basic people. teer work, or who can show ‘‘compel- standards of English and have no We want to help people and be gen- ling circumstances for the inability to criminal history. Current law provides erous. But if you are in an illegal sta- do any of those three,’’ and, two, elimi- ‘‘that an alien who is not physically tus, I do not see why there is an obliga- nates United States Code section 1623 present in the United States shall not tion to give the same extra benefits which I will describe below, thus allow- be eligible on the basis of residence that you do to those who are lawfully ing all illegal aliens enrolled in college within a State or a political subdivi- here. to receive in-State tuition rates. sion for any postsecondary educational Pell grants. The Federal Pell Grant This means that while American citi- benefit unless a citizen or national of Program is the single largest source of zens from Tennessee, Georgia, South the United States is eligible for such grant aid for postsecondary education Carolina, Massachusetts, have to pay benefit in no less amount, duration and funded by the Federal Government. out-of-state tuition rates if they send scope, without regard to whether the There is already a current fiscal year their kids to the University of Virginia citizen or national is such a resident.’’ Pell grant shortfall of over $2.5 billion. or the University of Alabama, people That is basically the law we passed We have done a lot of different things who have illegally immigrated into several years ago, I think before I came to try to get money as high as we can this country do not. to Congress. It said if you are here ille- get it this year. The fiscal year 2003 es- How much sense does that make, to gally, you do not get in-State tuition. timated program costs are approxi- have people here illegally and they We are going to reverse that. Con- mately $12.5 billion. The annual appro- have more benefits than those who are gress just passed it 8 or 10 years ago. priations is $11.4 billion. Now we want here legally? Instead, they receive edu- The DREAM Act would eliminate this to open up Pell grants to illegal aliens? cational benefits paid by the taxpayers provision and allow illegal alien col- Although Pell grants are a discre- of Virginia and Alabama for in-State lege and university students to be eli- tionary program, the cost of increasing residents. I do not mean to suggest in gible for in-State tuition without af- the number of eligible recipients in an any way there are not good kids out fording out-of-State students the same award year is considered direct spend- there. We need to figure out a way to opportunity. Thus, the University of ing, when the appropriations and max- accommodate them and work with Alabama could offer in-State tuition to imum grant award for that year are al- those who have come here illegally. illegal alien students while requiring ready set in law and a payment sched- Maybe they came here a long time ago. citizens residing in Mississippi to pay a ule is published. Thus, we could be fac- Maybe they came here illegally as a much higher tuition rate. In fact, that ing a budget point of order with this junior or senior in high school. They is being done probably in violation of bill. In other words, since in a number came across the border and now they law in some areas right now. of these instances the right to have a want to be on a direct path to citizen- Allowing all the illegal aliens en- Pell grant for qualifying persons is an ship. rolled in college to receive in-State entitlement, making more people eligi- I am not saying we should not wres- tuition rates means that while Amer- ble for this entitlement could subject tle with how to treat them in a gen- ican citizens from the 49 other States this bill to a budget point of order. erous way, but should we give them have to pay out-of-State tuition rates The Congressional Budget Office esti- more rights than we give to American to send their kids to the University of mates that 58,500 additional Pell grants citizens? When you do too much of this Alabama or Virginia, people who have would have been given within 1 year if and you work at it too hard, pretty illegally immigrated into this country last year’s DREAM Act had passed, soon you end up with a mockery of law, might not. Out-of-State tuition rates with an average grant being $2,420. How an unprincipled bill that cannot be de- range from 2 to 31⁄2 times what in-State many people do not get a dime who try fended, and we are in the situation of tuition rates are. It has always struck to send their kids to college, out of wondering why would you want to me that one of the things you do to en- State maybe, people who have worked bother to try to come into the country courage people to come here legally hard all their life, middle-class Ameri- legally. Why not come illegally? and abide by the law, is not give bene- cans? They do not get a dime. But So the Dream Act establishes a seam- fits to those who come illegally. It is somebody who is here illegally gets less process to take illegal aliens di- one thing not to prosecute them; it is $2,400? I do not think that is fair. I do rectly from illegal status to condi- one thing not to take them out of the not think that is being insensitive to tional permanent resident status, to country; but to give them benefits that legitimate interests of people who want legal permanent resident status, to people who do the right thing get? We to come to America, who want to par- citizenship. should not do that. It is bad policy. ticipate in the American dream, or is First, the illegal aliens who came So what about loans in the DREAM inhumane in any way. here before age 16 and have been here Act? I think this is still in the bill. We What about Stafford loans? The Con- for 5 years will be given conditional have not had a chance to see all of lan- gressional Budget Office estimated permanent residence through cancella- guage. This was in the DREAM Act under last year’s DREAM Act—the one tion of removal if they have been ad- originally. I do not know if it is still in that was offered last year but did not mitted to college or have a GED or a there under the Judiciary bill, but I as- pass—65,000 would enroll during the high school diploma. So if you get your sume it is. Under title IV of the Higher first year and meet all other criteria. high school diploma or get yourself Education Act of 1965, as amended, Because 1 in 10 students borrow student into college somewhere, whether you legal permanent residents and certain loans, the student loan costs would in- are passing or not, then you qualify for other eligible noncitizens receive Fed- crease by $22 million per year over the cancellation of removal. eral student financial aid, including 2003-to-2012 period. Step two, after 6 years, the alien will Pell grants and Stafford student loans. While we were going about our busi- then be eligible to apply for a green That is part of the 1965 act. ness in committee, the AgJOBS bill card if they have attended 2 years of The committee bill will add illegal was offered as an amendment. Well, we higher education, served 2 years in the students, illegal alien volunteers, and had a big fight on the AgJOBS bill last military, performed 910 hours of com- illegal alien military members to the year. It was offered on the floor of the munity service for an organization list of people eligible, by changing Senate. Senator SAXBY CHAMBLISS of

VerDate Aug 31 2005 04:08 Mar 30, 2006 Jkt 049060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.082 S29MRPT1 CCOLEMAN on PROD1PC71 with SENATE S2524 CONGRESSIONAL RECORD — SENATE March 29, 2006 Georgia, chairman of the Agriculture Once an alien receives a temporary national interests of the United States, Committee, opposed the bill, offered a work visa, it never expires unless the to create an immigration system con- number of important amendments that worker is otherwise deemed deportable sistent with our generous values, and a I thought made it far more sane, far or applies for permanent residence and legal system that will work, not to re- more appropriate, and the bill did not is denied. There is nothing temporary ward those who violate the law but pass, after a great deal of debate. about a single temporary work visa provide the benefits to those who fol- Well, in about 15 minutes, in the lasting indefinitely. It is not tem- low the law. committee, Senator FEINSTEIN offered porary. The alien’s blue card status can Last year when we debated this bill, the AgJOBS bill to the Specter bill, the only be revoked if the alien is deter- I received an open letter from the committee bill. It was a 106-page mined to be deportable, the blue card Southern Farmers Coalition. The letter amendment. It put 1.5 million illegal was acquired through fraud, the alien is signed by a list of organizations and alien agriculture workers on a direct is convicted of a felony, three or more individuals who participate in the H2A path to citizenship—just like that. misdemeanors, or an offense which in- program. The letter says: Overwhelm- How does it do it? After the Feinstein volves serious bodily injury or damage ingly, the majority of H2A program amendment, 1.5 million illegal alien to more than $500 of property. users in this country—the list of sig- workers who pay a $500 fine and dem- What about all the legal stuff that natories is expansive, including the onstrate they worked in agriculture for gets involved with this? How do you North Carolina Growers Association, 150 workdays in the last 2 years will be prove all this stuff? The AgJOBS the MidAtlantic Solution, Georgia given blue cards and will be allowed to amendment even goes so far as to pro- Peach Council, Ag Works, the Georgia stay in the United States. Because a vide free legal counsel to illegal aliens workday is defined as 1 hour of work Fruit and Vegetable Growers Associa- who want to receive this amnesty. The per day, an alien who worked in agri- tion, the Virginia Agricultural Growers AgJOBS amendment specifically states culture for only 150 hours—there are Association, the Vidalia Onion Busi- that recipients of ‘‘funds under the 168 hours in a week—over 2 years will ness Council—I like Vidalia onions— Legal Services Corporation Act’’ shall qualify. So if you work 150 hours over and the Kentucky-Tennessee Growers 2 years, you qualify. not be prevented ‘‘from providing legal Association. They all signed this let- Spouses and children of illegal alien assistance directly related to an appli- ter. The cover page of the letter, con- agriculture workers also get legal sta- cation for adjustment of status under trary to what some national agricul- tus and work permits, and they are not this section.’’ tural experts say, says this: limited to working in agriculture ei- Not only will the AgJOBS bill give Farmers in the southern United States are ther. amnesty to 1.5 million illegal aliens, it opposed to S. 1645— The blue card holder is eligible for a would have the American taxpayer pay the same bill being offered as an green card in two ways: after 3 years of the legal bill of those 1 million illegal amendment today, as part of this bill— aliens. 150 additional workdays—1 hour per introduced by TED KENNEDY and LARRY We are going to work on something day is all that is required—per year or CRAIG. It is an amnesty for illegal farm after 5 years of 100 additional workdays here. We are going to pass some legisla- workers. It does not reform the H2A pro- per year. tion—if not this year, soon—that will gram. Please oppose this legislation. Then, what about citizenship? For work through all these difficult human These are the farmers who are sup- these who come here illegally, and they issues and treat people in a fair and posed to be helped by it. That is what work 150 hours, what happens as to just way. Nobody is proposing that we they say about it: ‘‘Please oppose this their citizenship? Even though they do not. I mean that. There is a con- legislation.’’ came here illegally, are they put on the sensus in this Congress that it is time The text of the letter, which asked path to citizenship? Yes. All legal per- for us to fix this problem, to deal with me to stand up and fight against this manent residents become eligible for the 11 million people here illegally, to legislation, states: allow more people to come legally, and citizenship after 5 years. Ag JOBS is nothing more than a veiled am- On May 18, 2004, the Washington to shut down the border and stop peo- nesty. Times published a column by Frank ple from coming illegally. But this leg- I am reading this letter from the Gaffney, president of the Center for Se- islation does not do that. farmers themselves. curity Policy, titled ‘‘Stealth Am- People say: I want to vote for some- nesty’’ dealing with the AgJOBS bill thing. I want to fix it. Ag JOBS is nothing more than a veiled am- when it came up back in 2004. The arti- Don’t vote for this bill. It will not fix nesty. While everyone, it seems, agrees that it. Not only does it give amnesty to 1.5 the H2A program desperately needs reform, cle correctly summarized the AgJOBS this legislation does not fix the two most on- bill when it said this: million illegals, it would have the erous problems with the program—the ad- By the legislation’s own terms, an illegal American taxpayer pay the legal bills verse effect wage rate and the overwhelming alien will be turned into ‘‘an alien lawfully of the 1 million illegal aliens. litigation brought by legal services groups admitted for temporary residence,’’ provided What about the H2A farm workers? against the farmers using the H2A program. they had managed to work unlawfully in an The sponsors of the AgJOBS bill will That is what the farmers told us. The agricultural job in the United States. have you believe that farmers want the letter goes on to say: . . .Once so transformed, they can stay in AgJOBS bill. They say: This is for agri- the U.S. indefinitely while applying for per- The Craig-Kennedy-Berman reform pack- manent resident status. From there, it is a culture. It has to be done. If you don’t age provides a private right of action provi- matter of time before they can become citi- do this, the country is going to col- sion that goes far beyond legitimate worker zens. . . . lapse. Maybe that is the case in the protections and expands legal services attor- If any were needed, [the AgJOBS bill] of- District of Columbia where the na- neys ability to sue growers in several critical fers a further incentive to illegals: Your fam- tional groups get to write the letters areas. These lawyers, who have harassed pro- ily can stay, as well. Alternatively, if they and speak for their farmers and come gram users with meritless lawsuits for years, are not with you, you can bring them in, in and tell us what farmers want, re- will continue to attack small farmers under too—cutting in line ahead of others who the new statute. Supporters of the Craig-Ber- made the mistake of abiding by, rather than gardless of what the individual farmers man legislation have endorsed this alleged ignoring, our laws. have to say. One of those people talked reform, believing, in a misguided fashion, What about the safe harbor provi- to me about it. that it will bring stability to the agricul- sions? Under the AgJOBS bill, which I said: That may be your opinion, Mr. tural labor market. It will not. It will create was added to this committee proposal Farm Leader, but if you took a poll of greater instability. As the illegal farm work- without much debate, an illegal alien the farmers I know in my home State ers earn amnesty, they will abandon their is undeportable as soon as the amnesty or the Presiding Officer knows in his farm jobs for work in other industries. Many paperwork is merely filed. So if you home State, I will bet you 80 percent of of the attached signatories have been ac- them would agree with me that this is tively involved in negotiations surrounding file your amnesty paperwork and you this legislation. The following groups have are otherwise deportable, it automati- not a principled way to do business. broken ranks with the American Farm Bu- cally stops. No adjudication of the ap- This is not the right way to do busi- reau, the National Council of Agricultural plication is necessary to kick start the ness. We are not here to serve agri- Employers, the Agricultural Coalition for legal status of the illegal alien. business. We are here to promote the Immigration Reform, and the American

VerDate Aug 31 2005 02:34 Mar 30, 2006 Jkt 049060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.083 S29MRPT1 CCOLEMAN on PROD1PC71 with SENATE March 29, 2006 CONGRESSIONAL RECORD — SENATE S2525 Nursery and Landscape Association to op- commission, did a study and said it was better and be as generous as we can pose the legislation because those groups a failure. It did not work, did not do possibly be. But he doesn’t believe in have decided an amnesty is more important what it was supposed to do. amnesty. than legitimate H2A reform. You are likely Well, the Citizenship and Immigra- to hear that the majority of agriculture sup- Scott McClellan, yesterday at the ports this bill. The industry, in fact, is split. tion Services tried to say that 1986 was press briefing he does for the President, History has demonstrated that the amnesty not amnesty. But everybody has agreed said that the President believes that a granted under the Immigration Reform and it was. CIS later explained what the direct path to citizenship is amnesty, Control Act of 1986 was a dismal failure for 1986 bill did. I would like to go over it and he opposes that. agriculture employers. Farm workers aban- with you because this current bill does This bill provides a direct path to doned agricultural employment shortly after the very same things. It is just not dis- citizenship for people who came to this gaining amnesty and secured jobs in other putable. So if we have any under- industries. country illegally. That is just the fact. standing of what an amnesty program If we want to have people say it is not Of course, they did. So why should we is, we have the 1986 act to give us a so, we will keep talking about it every pass this Judiciary bill, what I guess guide. It says: day this week. That is all I am saying. we can call the Specter-Kennedy pack- The legalization program was not amnesty, I wish it weren’t so. It is not necessary age? but a targeted program that balanced the that we do that. We can provide a hu- Who supports the amendment? I offer of legalization with stringent require- mane and decent way to give people know who supports the amendment. ments. full opportunities to live and progress The national lobbying groups are real- This is how they defended this prob- in our society without giving the peo- ly out of touch with the desires of the lem. ple who come here illegally benefits American people and the desires of Legalization of applicants had to: prove to over those who wait in line and come farmers and the desires of those who INS adjudicators that they had resided in legally. That is what it is all about. want to see a good and decent system the U.S. since January 1, 1982— So I will just say that, in this rush to created. I went over with you how this bill I don’t believe I am out of touch on move a bill through and to prove that said you had to be here since January we care, we have not thought it this issue. I believe I know what aver- 2004. If you came after 2004, you could age American citizens and farmers through. We spent 5 days in markup in still get in. That is a real stringent the Judiciary Committee, and about 4 want. They want real immigration re- standard. You had to prove you resided form that guarantees the laws we pass of those days we really spent some there before that day— time dealing with enforcement and will be enforced and that people who do pay a $185 fee— not honor our immigration laws will be border issues. We talked about them in We upped it to $1,000— punished, not rewarded with worker some depth. We went over the wording visas and green cards. So I strongly op- for principal applicants, $50 for each child, of the statutes with some care. We de- with a $420 family cap; accept ineligibility pose the Specter-Kennedy bill that bated single words. Senator DURBIN, for most public benefits for 5 years after ap- who is here, is a great lawyer. He made came out of committee, and I hope my plication— colleagues will join in that. some points, being the skilled lawyer We don’t even do that in this bill. It he is. We changed words and did all Now, earlier, Senator LEAHY said says you could not go on welfare for at that the 1986 bill Congress passed was kinds of things. least 5 years. We did that in 1986. That amnesty. He said it was amnesty, and But when we got to the last day, is not in this bill today— he admitted it was. ‘‘Blacks Law Dic- Monday, they offered an AgJOBS bill, tionary’’ says that the 1986 bill was am- and complete an 18-month period of tem- with over 100 pages, in about 15 min- porary residency. After that, and only after utes, and it passed. We still had not nesty. It is the very definition of am- successfully completing an English language nesty. seen the draft of it. During the debate and civics requirement within a year-long in our committee on how to handle the By the way, when we passed that bill, one-time window— it was supposed to fix the immigration 11 million people in a decent, fair, and Which is a very low-grade test for the just way, to not remove them or make problem. As I explained and talked most part— about this morning, that is a very im- them all leave this country in a perma- and the payment of an $80 fee per applicant portant concept. So the deal in 1986 nent way or to abuse them or prosecute (with a $240 family cap) they were eligible to them, but how to handle this in a log- was that we were going to give am- apply for permanent residency. In exchange, nesty to 1 million people who we the applicant would be authorized to work, ical, sane way—we spent almost no thought were here illegally. We now travel, and after becoming a permanent resi- time on it. think there are 11 million here ille- dent, petition for the immigration of certain I urged the committee to stay with gally. We are going to give amnesty to family members. the enforcement matters like the those, and we are going to create a They could bring family members in House did. Let’s start hearings imme- legal system that encourages people to from out of the country to join them. diately and get the best minds in come legally and we won’t have this Then, of course, once you become a America. Let’s find out who these 11 problem again. Those who were dubious permanent resident, it is a matter of 5 million people are, their desires and about it said: No, this amnesty would years to become a citizen, if you have wishes; what would be a good and prin- encourage more people to come ille- not been convicted of a felony and you cipled way to deal with them; who we gally, but the pro-amnesty crowd won can speak English. I don’t want to be should let into our country in the fu- out and they passed the legislation and demagogic and say this is amnesty, ture; what standards should we use; it became law. amnesty, amnesty, and vote against should we have unlimited numbers Well, what happened immediately the bill. I am saying that everybody come in for low-wage jobs and have afterward? It wasn’t 1 million people agreed that 1986 was amnesty, and it limits on the high-wage people? Is that who showed up to claim amnesty; it did not work. logical, what we want to do? was 3 million—three times as many. I Everybody I hear publicly talking How many more people do we want to don’t know how many will show up this about this bill says it is not amnesty. allow into our country legally? This time. Will it be 11 million or 33 mil- Senator KENNEDY, I think, used the bill will allow every year, annually, at lion? Probably not 33 million, but I word ‘‘lie’’ after I said it was amnesty least 400,000, and that number can in- would not be surprised at all, based on this morning. I think I have dem- crease every year, forever. our history, if we would have a good onstrated that it is precisely the same I wish to make one more point, and many more show up and claim am- scheme that was used in 1986, which we this is where the American people have nesty. proved didn’t work. If that is not am- to watch this Congress. If we pass this Six years after the bill passed, the nesty, what is? Senator LEAHY de- amnesty legislation, if we pass the leg- Congress, in a very unusual action, fended the bill and said it is not am- islation that makes all these status voted to form a commission to review nesty. President Bush said he doesn’t changes and makes them into law and the legislation to see if it worked. The believe in amnesty. All he believes in is they become law, that becomes a per- commission, a bipartisan professional immigration, and he wants us to do manent decision of this U.S. Congress.

VerDate Aug 31 2005 02:34 Mar 30, 2006 Jkt 049060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G29MR6.085 S29MRPT1 CCOLEMAN on PROD1PC71 with SENATE S2526 CONGRESSIONAL RECORD — SENATE March 29, 2006 But what about the promises that we eminent public servants of our time pitch softball in the Horseshoe Club are going to have enforcement? I of- when former Secretary of Defense championship league with my brother fered an amendment in committee that Caspar Weinberger passed away at the Dale. His athletic accomplishments was accepted to add 10,000 detention age of 88. were widely known: Herb was a high beds. That probably is not nearly An inventory of Cap Weinberger’s school all star in every sport. He was a enough, but it would make a big dif- service to our country is a tribute to champion handball and racquetball ference. That was accepted. I offered an his patriotism. He served in the Army player, and later he went on to play amendment to increase the number of in World War II. He oversaw the State professional basketball. Border Patrol agents. It probably is of California’s finances for Governor Herb was born in the Bronx in 1924. In not a large enough number, but it Ronald Reagan. That was during the the 1950s, Herb moved to Las Vegas, would ramp it up faster than the plan 1960s. He served under Presidents Nixon where he secured a $1,200 loan. This was, and that was accepted. and Ford as Chairman of the Federal small sum allowed Herb to open City Then it hit me. I have been in the Trade Commission, Director of the Of- Furniture Exchange, the first used fur- Senate long enough, and I should have fice of Management and Budget, and as niture store in Las Vegas. The business been more alert. This is an authorizing Secretary of the Department of Health, thrived, and it was a Las Vegas land- committee. The Judiciary Committee Education, and Welfare. He again mark for more than 25 years. is an authorizing committee. We know served Ronald Reagan as our country’s what happened in 1986. They granted 15th Secretary of Defense, from 1981 to His success as a businessman led amnesty, they gave everybody am- 1987. Herb to start Western Cab Company in nesty, and they promised in the future Cap Weinberger understood America 1965. Herb started with one cab, and they were going to fund an enforce- and he understood the American mili- ended with more than 134 taxicabs and ment mechanism, but they didn’t do it. tary. As Secretary of Defense during 355 employees. It was the bait and switch. the tipping point of the Cold War, he Soon after, Herb took his business So what did we get? We got an au- led an unprecedented rebuilding of an acumen to the gaming industry. He thorization to step up enforcement on American military that had been de- was an associate of Moe Dalitz, the de- our borders, but we didn’t get the moralized and devastated by Vietnam. veloper of the original Desert Inn Hotel money to do it. We don’t have it yet. His legacy was the most professional and Casino. Herb helped develop the Who is to say we won’t have a slow- and technologically advanced military Sundance Hotel and Casino in down- down in the economy next year, and the world has ever known. He knew we town Las Vegas. Before the modern Las they will cut the money, we will never needed the world’s best military not Vegas casinos were built, the Sundance get the enforcement, and we will still because we wanted war but because we was the tallest building on the Las have large numbers coming into the wanted to prevent war. Vegas skyline. In addition to these ac- country illegally. That is a big concern I was struck by an excerpt from Cap complishments, Herb also managed the to us. Weinberger’s memoir ‘‘In The Arena,’’ Marina, Fremont, Aladdin, and Star- We need to tie this issue down so published in the Washington Post this dust resorts. Herb was known through- that we know and the American people morning. It said this: out the industry for his kindness and can have confidence that the enforce- Some thought it was incongruous that I generosity to his employees. ment mechanisms will work and will be did so much to build up our defenses but was In addition to his business accom- funded. That is why the House took the reluctant to commit forces abroad. I did not plishments, Herb was also an active approach they did. arm to attack.... We armed so that we I again say it is not true that those could negotiate from strength, defend free- participant in Nevada politics. In 1986, of us who oppose this bill oppose immi- dom, and make war less likely. he ran in the Democratic gubernatorial gration. It is not true. We actually, at Cap Weinberger stands out as the primary against incumbent Richard least as far as I am concerned, need to model—the model—of what a Secretary Bryan. Instead of using his wealth to increase the numbers that come here of Defense should be. When I was presi- fuel his political aspirations, Herb lim- legally. It is not true that we want to dent of the World USO in the late 1980s, ited contributions to $10 per individual. prosecute people. I had the privilege of working very Needless to say, those limits put him What is true is that it is important closely with Secretary Weinberger. As at a competitive disadvantage, but for our Nation to create a humane, a Senator, I sought often his wise coun- Herb still managed to receive more fair, and just way to deal with the peo- sel and sound advice. Without fail, he than 15 percent of the primary vote. ple who are here illegally and to make was always candid, thoughtful, and The vote total is a testament to Herb’s positive and thoughtful decisions about generous with his time and, I would reputation throughout the state. how we want to handle immigration in say, always correct in his analysis. Accomplishments in business and the future. I do not believe this bill All Americans owe this great patriot politics would be enough for some men, does that job. It is not something I can our gratitude and deepest respect. We but it was not enough for Herb. From support. I hope the Senate will not sup- have much to learn from the lessons of an early age, Herb learned the impor- port it. We will see a number of amend- Casper Weinberger’s service to his tance of giving back to his community. ments that can make it better. I hope country and his exemplary life. Lilibet Herb never sought recognition for his our Senate colleagues will study the and I offer our thoughts and our pray- efforts, but he impacted almost every legislation and inform themselves of ers to Secretary Weinberger’s family, life in southern Nevada. the great issues at stake so we can fix as I know do all Americans. Every year, during the holidays, Herb Madam President, I yield the floor. it. anonymously fed hundreds of homeless I yield the floor. f individuals in Las Vegas. He helped f TRIBUTE TO HERB TOBMAN local children with their college ex- MORNING BUSINESS Mr. REID. Mr. President, I rise today penses, and he helped people who were down on their luck. No challenge was Mr. SESSIONS. Mr. President, on be- to honor the life of Herb Tobman, who too great. If Herb knew you needed half of the majority leader, I ask unan- passed away on Tuesday. Herb was help, he was there to provide it often- imous consent that there now be a pe- from a different era of Las Vegas. The times unknown to his beneficiaries. I riod for the transaction of morning town was a lot smaller then, and every- needed help on several occasions, and business, with Senators permitted to one knew him as a successful business- Herb was always available. Herb was speak for up to 10 minutes each. man and a community leader. What The PRESIDING OFFICER. Without impressed me most about Herb though my friend and I will miss him very objection, it is so ordered. was his quiet generosity that impacted much. f the lives of countless Nevadans. I know There are many successful individ- that Las Vegas would not be the place uals throughout Nevada, but very few TRIBUTE TO CASPAR WEINBERGER it is today without Herb Tobman. had the sense of community of Herb Mr. HAGEL. Madam President, yes- I first saw Herb as a preteenager at Tobman. Nevada is a better place be- terday America lost one of the pre- Squires Park ballfield. He played fast- cause of Herb.

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