S6130 CONGRESSIONAL RECORD — SENATE November 19, 2014 shopping centers and retail merchants. Center. It was, at the time, a new limbo. They are in the shadows. They They get paid a lot of money to rep- place, named after the first non-Indian are in darkness. resent them in Congress. I think they to see the Las Vegas valley—Rafael Ri- President Obama, fortunately, is are not doing a very good job if they vera. I have a painting in my office going to do something to give them can’t convince Members of the Senate that reflects that. So we went to that just that, a line to come forward, a line and the House that this legislation center, and I can remember so clearly that he recognizes must be done to get should have passed a long time ago. these mostly women crying over the the system started. Madam President, the hour of 2 fact that their husbands had lost their We can’t give these people their o’clock is almost here. Please explain jobs, they were being deported, and green cards and put them on the path to me and the people who are watching they had little American boys and girls to citizenship immediately. Only Con- what happens at 2 o’clock. there with them. These were boys and gress can and must finish the job in The PRESIDING OFFICER. Under girls who had been born in the United overhauling and rewriting these laws. I the previous order, the time until 3 States. I thought, gee, that is terrible. want to be clear that Executive action p.m. will be under the control of the I mean the suffering and the sadness. I is important, but it is not a substitute majority. have never forgotten that, and that is for legislation, and the Speaker should The majority leader. one of the main reasons I have worked understand that. f so hard on immigration reform. Yes, we passed a bill. The President In light of the Republicans’ inaction, will be happy to sign such a bill. But IMMIGRATION REFORM and our action and our advocacy of this because Republicans have refused to Mr. REID. Madam President, today issue, it seems to me what the Presi- legislate, President Obama is taking marks the 510th day as so well rep- dent said at his State of the Union Ad- what steps he can to keep these fami- resented on the poster the Senator dress is really applicable here. Here is lies together and enforce the laws. The from California had on display. That is what he said: If the Republicans con- President is acting within his legal au- how long it has been since we passed an tinue to do nothing, I am going to be thority to use his Executive power to immigration reform bill—comprehen- forced as the President of the United improve the immigration system. sive immigration reform. The House of States to do something by Executive Did he just dream this up one night Representatives simply has refused to order. And I am glad. I am glad he is meeting with his staff? Did someone address this issue. They have refused to going, in the next couple of days for suddenly come to him and say, I have address the fact that we have a broken sure, to use his constitutionally estab- a great idea. Why don’t we try to do immigration system that needs to be lished authority to fix as much of our something different? He is going to do fixed. All the Speaker would have to do broken immigration system as is pos- something that has been tried 39 times is bring this up for a vote and it would sible. He told everybody he was going since Dwight Eisenhower was Presi- pass. The bill that passed here 510 days to do it in his State of the Union and dent. Virtually every President since ago would pass the House overwhelm- he has waited and waited and nothing Eisenhower was President has done Ex- ingly. But he refuses to bring it up. has happened. ecutive actions as relates to immigra- In this bill we passed 73 weeks ago, Some Republicans are threatening to tion. we were able to pass comprehensive shut down the government. They have I would also say to my Republican immigration reform because Senate done it once before, so I guess we friends who are always talking about, Democrats and Republicans recognized should take their threat seriously. boy, we have to do something impor- that our immigration laws are failing They want to shut down the govern- tant financially for the good of this the American people. We sent that ment because of what the President country, why not pass this bill? It same bipartisan bill to the House 17 said he is going to do and what he is would benefit our country to the tune months ago. For the last 17 months, going to do. But this isn’t about the of $1 trillion. the House Republicans, led by a small, Republicans and President Obama, this I strongly support the steps the vocal, really radical group, has forced is about where the Republicans stand President is going to take. I support the Speaker, I assume, not to do any- with the immigrant community. him, and I hope he does it as soon as thing. They have neglected to tackle My father-in-law, my wife’s dad, was possible, because his Executive action the real issues affecting our immigra- an immigrant. He was born in Russia. will help keep families together and tion system. He came to the United States to escape focus law enforcement resources on We have talked about 510 days, we the oppression in Russia. So this whole real criminals. have talked about 73 weeks, and we issue is about how Republicans stand We have waited a long time for House have talked about 17 months. That is with the immigrant community. Republicans. Since they won’t act, the enough time for them to consider the The immigrant community is what President will, and he should act. bill the Senate considered and passed has made this country what it is. Those The PRESIDING OFFICER (Mr. in just a few weeks, but they still who will come forward under this Exec- COONS). The Senator from New York. refuse to do anything, even as families utive action the President is going to Mr. SCHUMER. Mr. President, I rise across the country have been ripped take are, with rare exception, hard- today to remind my colleagues that it apart. working immigrant dads and moms has been over 500 days since the Senate I have been present at meetings, who are supporting their families. passed a strong bipartisan bill to fix meetings—I remember one of the last They came to America for the same our broken immigration system. at the White House—where the Repub- reasons early immigrants came to There is a lot of hand-wringing going lican leaders of the House and Senate America, just like my father-in-law, on on the other side of the aisle about have said: Give us some time, give us Earl Gould, did. By the way, he the President taking Executive action, some time. We have given them time— changed his name when he came to the as he has now announced he intends to 510 days, to be exact. And they are al- United States. He came here as Israel do. Republicans are saying that any- ways saying: Let’s do something. Well, Goldfarb, and he changed his name, as thing and everything is on the table to something is not enough, they need to many immigrants have done. stop the President from taking Execu- do comprehensive immigration reform, As my father-in-law did, the people tive action. Well, if the bounds are any- and they refuse to do that. who are going to come here under this thing and everything, I have a sugges- So in light of the fact that families Executive order can build a better life tion. Pass our bill. It is a very simple are being ripped apart—and there is no for themselves and their families. They suggestion. question they are. The first time I saw have deep ties in America. They work If the House votes on our bipartisan this, where I really felt it in my heart, hard. As I have indicated, they have bill, the discussion about Executive ac- Bill Richardson, with whom I served in spouses and children. Under our broken tion would be made moot. It is the the House—he was Secretary of Energy immigration system, there is no line other body of Congress that has led us and Ambassador to the United Na- for these people to get into, no process to the point where we are today. The tions—he came to Las Vegas, and he for them to sign up for, and no way to only reason the administration has to said: Let’s go out to the Rafael Rivera remedy this situation. They are in take Executive action is because the

VerDate Sep 11 2014 05:59 Nov 20, 2014 Jkt 049060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.050 S19NOPT1 smartinez on DSK4TPTVN1PROD with SENATE November 19, 2014 CONGRESSIONAL RECORD — SENATE S6131 House has failed to address our broken more, while leveling the playing field When we got this bill passed we were immigration system. I think everyone for American workers. Because of in- almost certain the House would pass it. on our side agrees it would be far pref- ternal enforcement, when someone It is a conservative bill, and try and erable to pass the bipartisan bill that crosses the border and doesn’t have a try and try as they might, they passed the Senate 68 to 32 than any Ex- real job available and has no family couldn’t. So now we are up to the last ecutive action. connection, they can’t stay. They hours of this Congress and there is one Let me say a few things. The bill is a won’t get a job. more chance. Just put the bill on the bipartisan bill with support from every Many of our labor friends are for this floor, Speaker BOEHNER. You don’t corner of the political map—business, bill. The construction trades, which have to twist a single arm. It has the labor, evangelicals, Catholics—and it probably suffer more from illegal im- votes to pass. It will do America so has been sitting on the shelf gathering migration than any other, are strongly much good. dust for 500 days. So it is the absolute for our bill. The bill clears the employ- I love America. I want to see us stay height of hypocrisy for House leader- ment and visa backlogs so American No. 1 in every way and economically ship to say that now Congress should businesses can have access to the work- above all. This bill will do it more than be in the driver’s seat on immigration ers they need and their families will be anything else we could do. reform when they refused to take the united, decreases family wait times at I would say to my colleagues, don’t wheel. our bridges and ports of entry. It is be afraid of the Tea Party. They are And let me say this, Mr. President. I great for the tourism industry, making afraid of the word ‘‘amnesty,’’ even don’t think anyone has any faith that it easier for foreign travelers to spend though the bill is not amnesty at all as if they were given another 3 months or their dollars here instead of somewhere I mentioned. But Rush Limbaugh says 6 months or 9 months that they would else and, finally, a tough but fair path- ‘‘amnesty’’ incessantly, and I know my come to any kind of real bill. They way to citizenship. Republican colleagues—I am a political can’t. They have the tea party. Such a The other side says it is amnesty. guy in some ways—they are afraid pri- high percentage of their primary voters They are listening to Rush Limbaugh— mary voters that skew far right believe strongly argue against doing a bill. In amnesty, amnesty, amnesty. Amnesty it is amnesty. The Tea Party may be a fact, many of those tea party types are means you get away with it without sliver of the American public, but they saying shut down the government. paying a price. Here is the price some- are a huge percentage of primary vot- The dithering and dawdling on the one has to pay if they cross the border ers in too many Republican districts House side is particularly perplexing illegally: No. 1, they have to pay all and that is what they are afraid of. because our bill would achieve so many their back taxes; No. 2, they have to Talk about courage. Talk about loving goals the Republicans claim are part of keep working; No. 3, they have to the country. Talk about doing the admit wrongdoing; No. 4, they have to their agenda. It would secure the bor- right thing. We have to pass the bill. der, create jobs, add economic growth, pay a fine; No. 5, they have to learn The real Republican Party position and cut the deficit. English; No. 6, they have to go to the on immigration is pretend to be pro- The bipartisan bill that passed the back of the line, which is what our col- immigration reform rhetorically but leagues on the other side of the aisle Senate provides more than $40 billion never allow immigration reform to have always asked for. to secure our border. This would mean come to a vote. That is the bad news. This system was set up by none other more than doubling the Border Patrol The good news is there is still time than MARCO RUBIO in our Gang of 8, presence on our Southwest border, to fix it. So I urge my colleagues, avoid and it says: If somebody crossed the completing the border fence, setting up this conundrum, avoid your dilemma border illegally in 2008, but someone much more surveillance technology— that you will create. Pass the bill, and else has waited patiently at the Em- sensors, drones, many of which are so bassy since 2007, the 2007 person gets to we will not even have to debate Execu- good they can detect—these are the come into this country before the 2008 tive action. drones that surveil, not shoot—they I yield the floor. person. can detect the difference when a deer Because of all this, here is what the The PRESIDING OFFICER. The Sen- or a person crosses the border. They bill does: ator from Washington. are not on the border now. First, it would grow the economy by Mrs. MURRAY. Mr. President, I have Yes, the border needs help. Blocking 3.3 percent over the next 10 years and come to the floor to talk about one of our bill, not passing our bill, keeps the 5.5 percent over 20. No Republican tax the most important issues facing our status quo, which nobody likes. Pass- cut, no Democratic spending program Nation as we have been hearing for the ing our bill solves the problem. With a would have that effect—and without past 15 minutes; that is, our long- Republican amendment authored by any cost to the deficit. In fact, at the standing, desperate need to finally fix the Senator from Tennessee, Senator same time we are growing our economy our Nation’s broken immigration sys- CORKER, and the Senator from North with this proposal—this is CBO, not tem. Dakota, Senator HOEVEN, that tightens CHUCK SCHUMER—we reduce the deficit Too often in the debate about immi- up the border tougher than it has ever by $150 billion in the next 10 years and gration it is difficult for some people been. $900 billion over the next 20 years. So to understand that the millions of un- The bipartisan bill also strengthens $1 trillion in savings, as we benefit documented families in our country are interior enforcement of our immigra- America. already an important part of our com- tion laws. So many of my colleagues on The bill has unprecedented support: munities. Immigrants work hard and the other side of the aisle keep saying the U.S. Chamber of Commerce, the they pay their taxes, they send their E-Verify, E-Verify, E-Verify. Well, it is guardian of business interests; the children to American schools, and they in the bill to crack down on unscrupu- AFL–CIO, the protector of American make up a critical part of the fabric of lous employers requiring an entry-exit workers; the faith community, our society. They are Americans in all tracking system at our airports and evangelicals, Protestants, Mormons. but name. seaports to catch people who overstay The liberal and conservative religious So when we talk about immigration their visas, and reforming and clari- sectors in America are for our bill, reform, we are not talking about some fying the list of violent crimes that America’s farmers, growers, and Amer- vague philosophical issue. This is an make an immigrant deportable so law ican farmworkers, law enforcement, issue that impacts families, it impacts enforcement officials have the tools the immigrant rights community. our businesses, it impacts our national they need to keep us safe. So the historic coalition came to- security, and it impacts what we stand For America to remain competitive, gether because again this bill strength- for as Americans. we must have a legal immigration sys- ens our borders and national security, It is not a new issue either. It is tem that works. Right now we have it provides an enormous boost for the something we have been debating and backwards. We turn away people who American economy, fairly and conclu- arguing about for more than a decade, would create jobs. Our bipartisan bill sively addresses the status of people but it is something we have never been will change all that for farm workers, here illegally, and prevents future able to tackle, and that is not for the tech firms, entrepreneurs, and so many waves of illegal immigrants. lack of trying.

VerDate Sep 11 2014 05:59 Nov 20, 2014 Jkt 049060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.061 S19NOPT1 smartinez on DSK4TPTVN1PROD with SENATE S6132 CONGRESSIONAL RECORD — SENATE November 19, 2014 As everyone here remembers, more mentation of deferred action for lies and communities and our economy than 500 days ago now the Senate did DREAMers to include people with and will make it much more difficult something remarkable. Members from strong ties to the United States who to put in place the lasting comprehen- different backgrounds and different have not committed serious crimes; to sive immigration reform we need. States and different parties came to- change implementation of our laws to I urge them to take the bipartisan gether to reach an agreement, and in make immigration and border enforce- path. I am ready and willing to work the Senate we passed a real bipartisan ment humane, nondiscriminatory, and with them if they do, and I know my coalition of 68 Republicans and Demo- respectful of due process; and, finally, I Democratic colleagues are as well. I crats, a comprehensive immigration re- have asked the President to improve know our country will be stronger for form bill that would finally start to fix the legal immigration system to keep it now and for decades to come. our broken immigration system. immigrant families together, to pro- I yield the floor. As we heard from the Senator from tect our workers, and to provide em- The PRESIDING OFFICER. The Sen- New York, it would improve our secu- ployers—from agricultural producers ator from California. Mrs. BOXER. Mr. President, I thank rity, provide businesses with the cer- to high-tech firms—certainty in a sys- my colleague from Washington for her tainty they need, and provide a real tem that has often left them without strong statement. It makes so much path to citizenship for the millions of answers. undocumented immigrants who are But I also want to be very clear that sense. We have this poster here, ‘‘510 Days.’’ forced to live in the shadows. administrative action is not a long- That is how long ago the Senate passed Not only was this bill a step toward term solution. Plain and simple, the the bipartisan immigration bill that fixing our broken immigration system, only way for us to permanently and ef- Senator MURRAY talked about and Sen- it was good for our economy. The Con- fectively fix our broken immigration ator SCHUMER talked about. That is 17 gressional Budget Office estimated laws is through comprehensive immi- months; 510 days is 17 months. that the Senate bill would reduce the gration reform legislation. Administra- So here is the deal. The Republicans deficit by nearly $1 trillion over the tive action is a bandaid, but it is better in the House refuse to take up the Sen- next two decades. than nothing, and nothing is what the ate bill, which strengthens the border So we sent the bill to the House of House Republicans are offering. while giving a pathway of legality to Representatives knowing the path for- So I also wish to say it has been hard-working immigrants here who are ward there might not be easy, but we deeply disappointing to hear that some undocumented. heard from Members of the House on of my Republican colleagues are now It is pretty simple but comprehen- both sides of the aisle that they also threatening to shut down the govern- sive—common sense. Here is the thing: knew immigration reform had to hap- ment just to keep families from get- They will not take up the bill. So then pen this Congress. ting some initial relief from the pain we say: What is your idea? Where is Back then, in June of 2013, we knew our broken immigration system is your bill? They don’t have one. we had time on our side. Speaker BOEH- causing. That is the latest example of So then President Obama, knowing NER had a full year and a half to do one extreme Republicans creating uncer- we have 11 million undocumented im- simple thing, bring the bipartisan Sen- tainty and threatening to hurt our migrants living in America, realizes he ate bill up for a vote. We knew then economy if they don’t get their way, can’t let this matter go on. He has what we still know today; that if the and it is the exact opposite of the ap- waited 100 days, 200 days, 300 days, 400 Speaker brought that bill up for a vote, proach Congress needs to take going days, 500 days. The country has waited it would pass with bipartisan support forward. for 17 months. and become law. We all know what happens when Tea So the President is going to do what But instead of doing that, the Speak- Party Republicans go down this road. Presidents are supposed to do, which is er sided with the Tea Party and refused We saw it just last year when we had a look at a problem that is hurting the to move our country forward. He has 16-day government shutdown that country and do his best to fix it. The made it very clear that the House will brought the day-to-day workings of the President has said to the House he refuse to act this Congress and ignore government and businesses across the would be thrilled to sign the bipartisan the historic opportunity we have. country to a screeching halt. That immigration bill the Senate passed. For years and years millions of im- shutdown, we all know, was bad for our Take it up and pass it. migrant families who have played by economy. It hit workers’ paychecks, it Oh, no. Do you know what their an- the rules—paid their taxes, raised their made families across our country ques- swer is? To verbally threaten the Presi- children in the United States—have tion whether their elected officials dent and, frankly, the American people waited and waited for action. They could get anything done at all. It was by such comments as—this is one that have organized, they have hoped and all because of a failed Tea Party polit- I heard the Republican leader MITCH they have prayed and they have trust- ical effort to repeal the Affordable Care MCCONNELL say: If he does this, if he ed the system would eventually work. Act for the umpteenth time. takes this action, if he takes action on The system has failed. So now it is Look. Even children understand that immigration, it would be like waving a time to act. flipping the table over doesn’t help win red flag in front of a bull. President Obama has made it clear the game. It just means someone has to No, it wouldn’t be. It would be a that because the House refuses to act— pick up the mess they just made. When President who understands that action because the House refuses to act—he it comes to Tea Party political tactics, is needed. Guess what. Eleven other will take administrative action before we have seen more than enough of that Presidents, Republican and Democrat, the end of the year to improve our im- in this Congress. have taken Executive action on immi- migration system, and I support his de- As we all remember, the budget deal gration. I never in all my years ever cision to do that. I reached with Chairman RYAN wasn’t heard one Republican take to task any The President’s authority to take ac- perfect—I know Chairman RYAN would of those other Presidents, and I will tion is well established. In fact, every say the same thing—but it was an im- give you the list of who they are: Presi- President since Eisenhower, including portant step away from brinkmanship dents Eisenhower, Kennedy, Johnson, Presidents Reagan and George H.W. and toward bipartisanship on the budg- Nixon, Ford, Carter, Reagan, George Bush, has used his authority to im- et. Bush, Sr., Bill Clinton, George W. prove the administration of our immi- In the next week Republican leaders Bush, and President Obama used his gration system and to focus enforce- are going to have an important choice authority for the DREAMers. ment resources on serious criminals to make. They can choose bipartisan- The charts are being held up to show rather than on hard-working immi- ship and continue to push the Tea you how many actions have been grants with deep roots in our commu- Party aside and work with Democrats taken. We have these two charts here nities. on issues such as the budget and fixing that show a lot of Executive actions by When the President does act, I have our broken immigration system or Presidents on immigration. encouraged him to do several things: they can go back to Tea Party-style What is wrong with my Republican expand the already successful imple- governing by crisis, which hurts fami- friends? Do they not know history or

VerDate Sep 11 2014 05:59 Nov 20, 2014 Jkt 049060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.063 S19NOPT1 smartinez on DSK4TPTVN1PROD with SENATE November 19, 2014 CONGRESSIONAL RECORD — SENATE S6133 are they just blindly attacking this children separated, and that, I guess, I was in the House when President President because they are annoyed doesn’t fall under the definition. Reagan signed into law a major immi- that he got reelected? It has been 17 months since we passed gration bill legalizing 3 million immi- Step up to the plate, smell the roses, our bill and either they are too lazy to grants in 1986, and then the Congress look at the reality. The reality is all take it up or they don’t want to take it didn’t do the next step. They didn’t these other Presidents have taken ac- up. They would rather threaten this take the next step. So he took Execu- tion. Look what the immigration coun- President. I just have to tell them, we tive action to stop deportations that cil says, the American Immigration have a Congress, we have a court sys- would interfere with family reunifica- Council said: tem, and we have a President. We don’t tion. President Reagan—I didn’t hear Past Republican presidents have not been have President McConnell, we don’t one Republican threaten to impeach shy to use the White House’s power to retool have President Boehner, we don’t have the President, sue the President, take immigration policy. In fact, Obama could President Reid, we don’t have Presi- action, shut down the government, learn a lot from Presidents Ronald Reagan’s dent Boxer. We have President Obama, make life miserable for the American and George H.W. Bush’s Executive actions to and he has to do his job. If you don’t people. No. But they are doing it now. preserve the unity of immigrant families and like it, that is fine. Lord knows I have In 1990, President George Herbert move past congressional refusal to enact im- served with five Presidents. I didn’t Walker Bush directed his Attorney migration reform. agree with them half the time, but I General to halt deportations of an esti- So, Earth to the Republicans: You didn’t threaten to shut down the gov- mated 190,000 Salvadorans who were refuse to take up the bipartisan Senate ernment or impeach them or sue them. fleeing the civil war there, and he used bill which strengthens our border while Now here is the deal: Why can’t they his power to halt the deportation of up giving a legal path to citizenship or le- find time to take up our bill? They to 1.5 million spouses and children. I gality to our undocumented, making have voted 50 times to repeal the Af- did not hear one Republican—not one— sure that those who commit crimes are fordable Care Act—50 times—but they threaten to sue the President, threaten deported. We look at what is happening cannot find time to debate or pass a to take him to court, threaten to im- in our ag community and fix that. bill to reform our Nation’s immigra- peach him, threaten to shut down the They won’t do it. tion laws. government and make life miserable I served in the House for 10 years. So they are stamping their foot and for the American people. saying what President Obama wants to The rules in the House are easy. It is President Bush’s family fairness pol- do is unconstitutional. Excuse me, un- nothing like the Senate where you icy Executive action was sweeping. It constitutional? Presidents Reagan, need unanimous consent to do any- affected more than 40 percent of the Bush, Clinton, Eisenhower—I read the thing, to even open up the Senate. In undocumented population in the list. They never said that before. They the House, if the majority, who are United States at the time. He thought never said that before. Carter, Ken- now the Republicans, wants to intro- big—George Bush, Sr.—he thought big, duce a bill, all they have to do is intro- nedy, Johnson, Nixon, Ford, Clinton, and this President should think big. Bush, Sr., Reagan, George W., and duce a bill. I will tell you why. If you ask eco- They won’t do it. It has been 17 Obama. Now they say to the Presi- nomic experts what are the best meas- months. Then the President says, oh, dent—and I don’t have the exact quote. ures we can do for our economy, they my God, we have got an issue here. Ev- We heard a comment from the Repub- are clear about it. They say one meas- eryone agrees we have 11 million un- lican leader. What they are basically ure we should implement is to raise the documented immigrants here. We have saying to the President is, If you do minimum wage. We Democrats are try- issues at the border. We have issues at your job, we are going to be mad. And ing to do that and we will never give up detention facilities. We have issues in what the President has said to them is, trying to do that. Reforming immigra- the ag industry. We have issues of fam- Please do your job. If you do your job, tion is another measure that is one of ilies being torn apart. The President is I won’t have to take Executive action. going to do what he can do, just as 10 the best ways to stimulate our econ- I would prefer to have this in legisla- other Presidents have done previously. omy and create jobs, and it is all laid tion. And as Senator MURRAY has said, So what does he get in response from out in a USC study which shows that that is the preferable road. But they ei- our Republican friends? Nothing that immigration reform with a path to ther won’t do it or they don’t want to would allay our concerns. They don’t citizenship would inject $8 billion into do it or they want another confronta- say, Mr. President, we understand your my State’s economy—my State of Cali- tion with the President. frustration. Don’t worry, we will get a fornia—each year—$8 billion each year. I think it was JOHN BOEHNER, the Re- bill done. It may not be the same as Nationwide it would increase our gross publican Speaker, who said if the the Senate. We have other ideas. They domestic product by $1.5 trillion over President takes this Executive action, do nothing. They are do-nothing and 10 years, increase wages for workers, which as I have shown you many other they want our President to be do-noth- and lead to between 750,000 to 900,000 Presidents have done, he will ‘‘poison ing when it comes to immigration. new jobs. That is almost a million new the well.’’ He is telling the President Frankly, if our President did not jobs created, according to the Center that if the President does his job—my take action, it would be a terrible mis- for American Progress. words—as 11 Presidents have done, it take. I have already established that So help me out here, Republicans. will ‘‘poison the well.’’ he is within his constitutional rights. What is your problem? You never com- And what are they going to do about He would be joining 10 other Presidents plained when Republican Presidents it? Who knows. Are they going to try who, by the way, acted on 40 occasions took Executive action to fix a broken to impeach the President or sue the over the last 60 years. So here is a immigration system. You say you are President? I guess they have to im- group of Republicans threatening to for jobs and the economy and business, peach 10 others. impeach the President, sue the Presi- and if you look at the support for im- And by the way, I wrote the Presi- dent, shut down the government over migration reform, it runs right dent a letter and asked him to take Ex- something that 11 Presidents have done through our society from the Chambers ecutive action. In my view, it is abso- over the past 60 years on 40 occasions. of Commerce to labor and everybody in lutely necessary, because if you follow I never ever, ever heard one Republican between. And if we don’t act, the dire the law, 11 million people could be de- or Democrat threaten to shut down the situation of undocumented immigrants ported—our neighbors, our friends, government when a President took ac- will only get worse. Families will con- families would be split up. tion over immigration. tinue to be torn apart. People will con- I thought Republicans were the party The Republicans won’t act. So what tinue to live in the shadows. The rea- of family values. Family values—I have do they think is going to happen, sta- son our economy will be thriving once been lectured on family values. Some- tus quo? The status quo doesn’t work. people get out of the shadows is they how if one supports a woman’s right to It is not working at the border. It is are not afraid to come out. They are choose and to get health care, it is not not working for our families. It is not not afraid to buy a house. They are not following family values, but one can working at the workplace. It is not afraid to spend money. They are not break up families and have parents and working in our communities. afraid to start new businesses. They

VerDate Sep 11 2014 05:59 Nov 20, 2014 Jkt 049060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.066 S19NOPT1 smartinez on DSK4TPTVN1PROD with SENATE S6134 CONGRESSIONAL RECORD — SENATE November 19, 2014 are not afraid to hire workers. It is a and spouses of U.S. citizens and permanent cratic leaders sent a letter to Obama saying no-brainer. This is one of the most im- residents, and expand his 2-year-old program they strongly support his plans to take exec- portant things we can do for our econ- that shields immigrants brought illegally to utive action on immigration. this country as children. omy, for jobs, for prosperity, for our A tea party-influenced GOP is poised to [From the hill.com, Oct. 2, 2014] communities. erupt, if and when Obama follows through on In closing, because I see my friend WHEN REAGAN AND GHW BUSH TOOK BOLD his promise. EXECUTIVE ACTION ON IMMIGRATION from Connecticut is here, and I want to ‘‘The audacity of this president to think he (By Mark Noferi) yield the floor, there are two priorities can completely destroy the rule of law with that are at stake: a healthy economy— the stroke of a pen is unfathomable to me,’’ Congressional Republicans are outraged said GOP Rep. Steve King of Iowa, an out- that President Obama may take executive and I have laid that out—and family action on immigration reform after the mid- values. The American people, including spoken opponent of relaxing U.S. immigra- tion law. ‘‘It is unconstitutional, it is cyn- term elections—perhaps by deferring depor- the people of California, support bold ical, and it violates the will of the American tations and providing work authorization to and compassionate action on immigra- people.’’ millions of unauthorized immigrants with tion reform. We have already estab- Some Republicans have even raised the strong family ties to the United States. How- lished that the President has the legal possibility of impeachment. ever, past Republican presidents have not authority to act just as other Presi- Here’s a timeline of then and now: been shy to use the White House’s power to dents of both parties have in the past. 1986. Congress and Reagan enacted a sweep- retool immigration policy. In fact, Obama I say to the President today, as I ing overhaul that gave legal status to up to could learn a lot from presidents Ronald 3 million immigrants without authorization Reagan’s and George H. W. Bush’s executive have said to him in writing, if you act to be in the country, if they had come to the actions to preserve the unity of immigrant you will have my strong support and U.S. before 1982. Spouses and children who families, and move past Congressional re- you will have the support of so many could not meet that test did not qualify, fusal to enact immigration reform. people across this country. You will which incited protests that the new law was The story begins on November 6, 1986, when keep our families together, you will breaking up families. Reagan signed the last comprehensive legal- strengthen our economy, and you will 1987. Early efforts in Congress to amend ization bill to pass Congress. The Immigra- make our country stronger. the law to cover family members failed. Rea- tion Reform and Control Act (IRCA) gave up I say to the House again, while you gan’s Immigration and Naturalization Serv- to 3 million unauthorized immigrants a path ice commissioner announced that minor to legalization if they had been ‘‘continu- are still here in Washington, if you children of parents granted amnesty by the ously’’ present in the U.S. since January 1, don’t want the President to fill the law would get protection from deportation. 1982. But the new law excluded their spouses void for your lack of action, then take Spouses and children of couples in which one and children who didn’t qualify. As the Sen- up and pass the Senate immigration parent qualified for amnesty but the other ate Judiciary Committee stated at the time, bill. Get to work. If you don’t like that did not remained subject to deportation, ‘‘the families of legalized aliens . . . will be bill, then make another bill, but take leading to efforts to amend the 1986 law. required to ‘‘wait in line’. care of this problem because if you con- 1989. By a sweeping 81–17 vote, the Senate Immediately, these split-eligibility fami- tinue to be a do-nothing House when it in July voted to prohibit deportations of lies became the most polarizing national im- family members of immigrants covered by migration issue. U.S. Catholic bishops criti- comes to immigration, I can assure you the 1986 law. The House failed to act. cized the government’s ‘‘separation of fami- this President will not follow your lead 1990. In February, President George H.W. lies,’’ especially given Reagan’s other pro- and be a do-nothing President when it Bush, acting through the Immigration and family stances. In early 1987, members of comes to immigration. That would be Naturalization Service, established a ‘‘fam- Congress introduced legislation to legalize terribly wrong. It would be wrong not ily fairness’’ in which family members living family members, but without success. only for our immigrant community but with a legalizing immigrant and who were in Shortly after Congress’ failure, Immigra- for every single one of us. the U.S. before passage of the 1986 law were tion and Naturalization Service (INS) com- Mr. President, I ask unanimous con- granted protection from deportation and au- missioner Alan Nelson announced he was thorized to seek employment. The adminis- ‘‘exercising the Attorney General’s discre- sent to have two articles printed in the tration estimated up to 1.5 million people tion’’ to assure that children would ‘‘be cov- RECORD, along with an article in the would be covered by the policy. Congress in ered’’ by legalization. The administration National Journal that details the num- October passed a broader immigration law granted a blanket deferral of deportation ber of times Presidents have used their that made the protections permanent. (logistically similar to today’s Deferred Ac- authority to act on immigration. 2012. In July, the Obama administration tion for Childhood Arrivals program) for There being no objection, the mate- announces a new policy curbing deportations children under 18 who were living in a two- rial was ordered to be printed in the for certain immigrants brought illegally to parent household with both parents legal- the country as kids. The policy, Deferred Ac- izing, or with a single parent who was legal- RECORD, as follows: tion for Childhood Arrivals (DACA), applies izing. [From huffingtonpost.com, Nov. 15, 2014] to people younger than 30 who were brought Lawmakers and advocates, however, urged REAGAN, BUSH ALSO ACTED WITHOUT CON- to the U.S. before they turned 16 and meet Reagan to go further. Spouses and some chil- GRESS TO SHIELD IMMIGRANTS FROM DEPOR- other criteria such as graduating high dren who had one parent able to legalize but TATION school. It has now granted two-year deporta- not the other remained unprotected. A Cali- (By Andrew Taylor) tion reprieves and work permits to nearly fornia immigrants’ rights group called this WASHINGTON (AP).—Two presidents have 600,000 people. ‘‘contrary to the American tradition of keep- acted unilaterally on immigration—and both 2013–2014 (Congress). After months of work, ing families together.’’ And as Rep. Howard were Republican. Ronald Reagan and his suc- the Senate in June 2013 passes, 68–32, a huge Berman (D-Calif.) told the INS, ‘‘If you have cessor George H.W. Bush extended amnesty immigration overhaul bill that includes a the discretion to protect children, why not a to family members who were not covered by path to citizenship for immigrants who meet family?’’ the last major overhaul of immigration law strict criteria. The House fails to act. In a In July 1989, the Senate moved to protect in 1986. televised interview with Telemundo, Obama a bigger group—all spouses and children of Neither faced the political uproar widely says expanding the DACA program to cover those who legalized under IRCA. The Senate anticipated if and when President Barack the parents of children allowed to remain in passed legislation 81–17 that prohibited the Obama uses his executive authority to pro- the country under the program ‘‘would be ig- administration from deporting family mem- tect millions of immigrants from deporta- noring the law in a way that I think would bers of immigrants in the process of legal- tion. be very difficult to defend legally. So that’s izing and directed officials to grant them Reagan’s and Bush’s actions were con- not an option.’’ work authorization. The House failed to act ducted in the wake of a sweeping, bipartisan 2014 Frustrated by Congress’ inability to on the Senate’s bill. immigration overhaul and at a time when act on immigration, Obama announces in George Bush Sr. then responded in Feb- ‘‘amnesty’’ was not a dirty word. Their ac- June that he’ll use executive powers to ad- ruary 1990 by administratively implementing tions were less controversial because there dress other elements of the flawed immigra- the Senate bill’s provisions himself. As was a consensus in Washington that the 1986 tion system. Like Bush, Obama is expected Bush’s INS Commissioner, Gene McNary, law needed a few fixes and Congress was to extend deportation protections to families stated: ‘‘It is vital that we enforce the law poised to act on them. Obama is acting as of U.S. citizens or permanent residents. against illegal entry. However, we can en- the country—and Washington—are bitterly Obama’s anticipated action would not award force the law humanely. To split families en- divided over a broken immigration system legal status, but it would offer temporary courages further violations of the law as and what to do about 11 million people living protection from deportation to up to 5 mil- they reunite.’’ Under Bush’s ‘‘family fair- in the U.S. illegally. lion people, as well as the possibility of ob- ness’’ policy, applicants had to meet certain Obama wants to extend protection from de- taining a work permit. He delayed action criteria, and reapply to the INS every year portation to millions of immigrant parents until after Election Day. On Monday, Demo- for extensions.

VerDate Sep 11 2014 05:59 Nov 20, 2014 Jkt 049060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.067 S19NOPT1 smartinez on DSK4TPTVN1PROD with SENATE November 19, 2014 CONGRESSIONAL RECORD — SENATE S6135 The Bush administration anticipated its labor and human-rights violations, but few extending their status. Congress then passed family fairness program could help enormous questioned the executive authority it oper- the Chinese Student Protection Act in 1992, numbers of immigrants—up to 1.5 million ated under. three years following the initial executive family members, which amounted to over 40 After the war ended, President Truman action, making the students eligible for percent of the 3.5 million unauthorized im- used his executive authority to permit green cards. migrants in the U.S. at the time. 250,000 people from Europe to enter or stay in OK, but major exercises of prosecutorial After the Bush administration moved, the the U.S. outside normal immigration chan- discretion have been used only for foreign House followed. In March 1990, 33 House nels. It was only three years after this exer- policy reasons, right? Wrong again. Execu- members introduced legislation with similar cise of discretion that Congress passed the tive actions have been used by every modern provisions to stay deportation of family Displaced Persons Act, permitting some administration on more than a dozen occa- members. In October, Congress then passed a 400,000 additional entries. sions to further purely domestic policy ob- combined Immigration Act of 1990, with a In April 1975, at the end of the Vietnam jectives. After domestic emergencies—the permanent ‘‘Family Unity’’ provision. The War, President Ford used parole authority to San Francisco earthquake, the 9/11 attack, Act broadened Bush’s family fairness policy authorize the evacuation of 200,000 South Vi- Hurricanes Katrina and Ike, and others—im- to include children under 21 and increased etnamese to this country; it was not until a migration officials relaxed enforcement ef- family immigration visas, ultimately pro- month later that the Indochina Migration forts to advance public health and safety. viding more families a path to citizenship. and Refugee Act of 1975 was enacted, pro- Beginning with President Carter in 1980, If voters thought Bush overstepped his au- viding resettlement funding for 130,000 of every administration has instructed immi- thority, the midterm elections didn’t show those parolees. Full legislative authorization gration officials to reduce enforcement ef- it. In 1990, the Republicans lost a scant nine to resettle those fleeing Indochina did not forts during the census. House seats and one Senate seat (out of 33 up come until 1980, when Congress passed the Other exercises of discretion went beyond for election)—far lower than average mid- Refugee Act, resulting in permanent reset- specific emergencies or events. In 1977, Car- term losses by a president’s party. Bush then tlement of 1.4 million Indochinese in the ter administration Attorney General Griffin signed the Act in November, hailing it as U.S.. Although most entered as bona fide ref- Bell suspended deportation of about 250,000 continuing ‘‘support for the family as the es- ugees, hundreds of thousands were paroled people unfairly denied visas by a quirk in the sential unit of society’’ and ‘‘our tradition of into the country when statutorily authorized allocation process. It was not until nearly a family reunification.’’ (Bush did issue a sign- numbers proved inadequate. decade later, via IRCA in 1986, that all of ing statement reserving the ‘‘authority of But these broad exercises of discretion these cases were resolved. In 1990, INS Commissioner Gene McNary the executive branch to exercise prosecu- were limited to refugees fleeing wars a long issued a ‘‘Family Fairness’’ policy deferring torial discretion in suitable immigration time ago, right? Wrong. Presidents have ex- the deportation of 1.5 million immediate cases.’’) ercised their discretion more than 20 times family members of people receiving legaliza- The success of the Reagan-Bush family since the mid-1970s to permit people already tion under IRCA, building on a more-limited fairness policy serves as a strikingly similar in the U.S. from being deported. Some exercise of discretion in 1987 by Edwin historical precedent for Obama. Bush Sr. sought to avoid return to a Soviet bloc coun- Meese. Three years after Meese’s original ex- ‘‘went big’’ to treat families fairly—defer- try. Iranians in the 1980s sought protection ecutive action, Congress codified the action ring deportations for over 40 percent of unau- from the regime that overthrew the shah and occupied the American Embassy there. Af- in the Immigration Act of 1990. thorized immigrants. Reportedly, Obama’s In 1997, President Clinton provided DED ghans in the U.S. in the 1980s and 1990s were actions could be similarly broad and help up status to some 40,000 Haitians previously pa- protected first from the Soviet puppet state to 5 million immigrants—over 40 percent of roled into the U.S. At the end of the 105th and later from the Taliban. Others would today’s unauthorized population. Bush Sr.’s Congress a year later, legislation passed al- have been returned to face civil war or nat- actions gave immigrants a safe haven and lowing these Haitians to permanently adjust ural disasters abroad. Not until 2003, several spurred the House to act without negative their status. impacts in the subsequent midterms. And decades after the practice of country-specific The record is clear: Presidents of both par- the Reagan-Bush fairness policy deferred de- relief from deportation was first deployed, ties have used discretionary powers on mul- portations to protect families, compared to did Congress codify the practice known as tiple occasions to protect various groups previous uses of presidential authority to ‘‘temporary protected status.’’ from deportation for an enormously wide va- protect war refugees or immigrants stranded The record also shows that Congress made riety of reasons. Except for temporary condi- by a foreign policy crisis. many executive orders of temporary relief tions, Congress acted later—often years We don’t know what executive action permanent, often years after the fact. As later—to ratify the president’s decisions. Obama will take. But we can say with cer- Fidel Castro took power in Cuba in 1959, Looking back now, would we reverse any of tainty that presidents Ronald Reagan and more than 900,000 Cubans fled to the United these executive actions? Should we have re- George H. W. Bush led the way. States, the vast majority paroled into the turned Eastern Europeans to behind the Iron country by Presidents Eisenhower, Kennedy, Curtain, Cambodians to the killing fields, CRITICS SAY EXECUTIVE ACTION ON IMMIGRA- and Johnson. Not until 1966, some seven Ethiopians to a brutal civil war, Iranians to TION WOULD BE UNPRECEDENTED. THEY FOR- years after the influx began, was the Cuban the arms of the ayatollah, or Chinese stu- GET THEIR HISTORY Adjustment Act passed. dents to face the tanks in Tiananmen In 1980, 130,000 Mariel Cubans and nearly PRESIDENTS HAVE ALMOST ALWAYS ACTED Square? Would we be better off without the 40,000 Haitians arrived in South Florida. FIRST TO PERMIT IMMIGRATION OR PREVENT Cubans and Haitians who revitalized South Most, but not all, of the Cubans were paroled DEPORTATION—WITH CONGRESS RATIFYING Florida over the past 40 years? Were we into the U.S. by President Carter. Haitians THOSE ACTIONS LATER ON. wrong to prevent the separation of 1.5 mil- initially were protected from deportation by (By Charles Kamasaki) lion people from family members getting litigation challenging the denials of their right with the law under IRCA’s legaliza- The president’s announcement that he asylum claims; most of these Haitians, and tion? would soon take executive action to ‘‘to do some Cubans whose entry had been chal- Many of these actions were controversial what he could’’ to fix a broken immigration lenged, eventually received discretionary when first announced. But Congress later af- system in the absence of legislation has ‘‘Cuban-Haitian entrant status’’ in the firmed virtually all of them—without explic- prompted critics to assert that this would be Reagan administration. Six years later, the itly reversing any of them—suggesting that unprecedented unless first authorized by Immigration Reform and Control Act of 1986 eventually they were widely accepted. Dec- Congress. In fact, the record demonstrates provided lawful permanent resident status ades from now, people looking back on Presi- the opposite. For at least the last 70 years, for Cuban-Haitian entrants. dent Obama’s imminent announcement of presidents have routinely acted first to per- In 1987, Reagan administration Attorney broad-scale executive action will see that he mit the entry of people outside normal chan- General Edwin Meese directed the Immigra- prevented the separation of families, began nels or to protect large numbers of people tion and Naturalization Service not to de- fixing a badly broken immigration system, from deportation, with legislation ratifying port an estimated 200,000 Nicaraguans in the and improved wages, housing, and education the executive action coming later. United States without authorization, includ- for those receiving legal status, thus im- During World War II, the Roosevelt admin- ing those whose asylum claims had been de- measurably enriching the economy. They’ll istration negotiated a temporary worker ar- nied. In 1990, President George H.W. Bush in- likely see that Congress later ratified his ac- rangement with the Mexican government, structed his attorney general to provide ‘‘de- tions, as happened so often before. later known as the Bracero program, an ac- ferred enforced departure’’ status to an esti- And, they’ll wonder: what was all the fuss tion Congress ratified a year later. When the mated 190,000 Salvadorans fleeing civil war. about? authorization expired in 1947, the Truman In 1997, a decade after Meese’s initial action, Mrs. BOXER. I say to my colleagues administration continued the program until Congress passed legislation permitting these who have come to the floor this after- it was reauthorized in 1951. Before it ended in groups’ adjustment to permanent residence. 1964, millions of workers entered the United In 1989, the Bush administration provided noon and are still to come to the floor, States under the auspices of the Bracero pro- DED status to 80,000 Chinese students in the thank you. gram, hundreds of thousands under execu- U.S. who feared returning to the strife that Republicans have threatened to close tive—not legislative—authority. The pro- eventually led to the Tiananmen Square down this government. They are hav- gram was rightly criticized for numerous massacre and later issued an executive order ing a temper tantrum and refuse to act

VerDate Sep 11 2014 05:59 Nov 20, 2014 Jkt 049060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.037 S19NOPT1 smartinez on DSK4TPTVN1PROD with SENATE S6136 CONGRESSIONAL RECORD — SENATE November 19, 2014 on immigration and want to paralyze In 1990 President George H.W. Bush immigrants who have lived in this the Presidency. took Executive action to defer removal country for years—5 or 10 years or It is time to get behind this Presi- and grant work permits to roughly 1.5 longer—and are working hard, paying dent. It is time to get behind the Amer- million undocumented individuals— taxes, abiding by the law, and contrib- ican people. It is time to take a stand nearly half the undocumented popu- uting and giving back to their commu- for this economy and for family values. lation at the time. Think about that nities are forced to live in fear that I thank the Presiding Officer and for a moment. Out of 3 million people, they will have to leave everything they yield the floor. President Bush decided that 1.5 million have worked so hard to build and ev- The PRESIDING OFFICER. The Sen- of them should, in effect, not be pros- erything that means so much to ator from Connecticut. ecuted. He set law enforcement prior- them—their families, their homes, and Mr. BLUMENTHAL. Mr. President, I ities. That was his job, and that is the country they have come to love. am grateful for the strong and eloquent President Obama’s job. They appreciate the freedoms of this words that were said by my colleague Many of us—and I am very much in country and the opportunities it offers Senator BOXER. I am grateful to so this camp—would prefer to address this in ways we routinely take for granted. many of my colleagues on this side of situation through legislation. I worked For them, this country is a beacon of the aisle for supporting the President hard, along with the distinguished hope and opportunity which they ap- as he considers Executive action that chairman of the Judiciary Committee preciate so deeply and fervently that would essentially enforce the law on and Members on both sides of the aisle they are willing to lay down their lives immigration more rationally and effec- of the Judiciary Committee and of this for it and, in fact, sometimes do as tively, which is what prosecutorial dis- body, to approve legislation. It was re- members of our armed services. cretion means. solved and written up after several The lack of action on immigration As a former U.S. attorney as well as days of detailed and painstaking mark- reform hurts everyone. When busi- the State attorney general in my own State for 20 years, I know about pros- up. I was told that is the way legisla- nesses employ workers under the table, ecutorial discretion. I know that in ex- tion used to be routinely done in this our economy and our Nation are de- ercising his discretion, the President is body—Members trading ideas, exchang- prived of their taxes. They are often aware that there is simply no way ing views and perspectives, drilling ducking regulations and taxes, which every undocumented person in the down on facts, and arriving at a bipar- in turn drives down wages for every United States of America can be de- tisan solution that eventually was ap- working American. Immigrants should be able to come ported tomorrow, let alone this year— proved by 68 Members of this body from out of the shadows not just for their probably ever. both sides of the aisle. That is a matter There are 11.5 million undocumented of history. sake but for the Nation’s sake. They people who live in the shadows, and the My hope was and still is that we have are a resource that can be used so question is, How do we use the re- legislation along the lines of what was much more fully to the benefit of our sources of the Federal Government approved by the Senate. That legisla- Nation. When they come out of the most rationally and effectively to tion was far from perfect. In my view, shadows, they should be forced to un- serve the public interest and uphold it was way short of the ideal immigra- dergo background checks, obtain work the rule of law? tion reform I would favor, but the good permits and proof that they are abiding The question is, essentially, How cannot be the enemy of the perfect and by the law. That is necessary to show should law enforcement use its re- the perfect cannot be the enemy of the they are not a threat to public safety. sources? That question arises every good. What we need now is a practical When immigrants live in fear, law en- day in the United States when there is approach to this problem through leg- forcement can’t know who lives in the a Federal or State prosecution. It islation. The House refused to take up communities they police. Immigrants arises every day on our borders when the Senate bill. It didn’t even consider who live in fear are simply not going to the agents of our Federal administra- it and never voted on it. be as willing to report individuals liv- tive law enforcement apparatus make The President has a responsibility, ing near them and represent a real decisions about law enforcement. As I and his job is to take actions that are threat to public safety because they have learned from my experience in within his legal authority to address a feel uncomfortable reporting crimes law enforcement, it best serves citizens system that is broken and takes a toll and cooperating with authority when when it uses those resources effi- on human lives that is intolerable. It they feel they may then be the object ciently, effectively, and humanely in a threatens to divide families, to put of enforcement. Getting more people concerted effort to address a direct people out of work—not just undocu- who are already living in this country threat to public safety. Law enforce- mented immigrants out of work but into the system will allow law enforce- ment has a job to do, and it can’t do citizens of this country because they ment to go after the truly bad actors— everything all the time everywhere. work for businesses that are owned and serious criminals, serious national se- Decisions are necessary in the real operated by those immigrants who curity threats, and people who seri- world in practical circumstances to might be deported. I have seen that ously should not be in this country. preserve public order and protect pub- firsthand in Connecticut, and I know it As the American people wait for leg- lic safety, and that is what the Presi- is true around the country. islative action and wait for the House dent is doing by issuing an Executive This measure is not only good for to act on the Senate bill and perhaps order which, in effect, directs Federal human lives, it is good for our econ- wait on the Senate to act again, Presi- resources to deport undocumented im- omy. It is essential to make sure our dent Obama has both the authority and migrants who represent a threat to immigration system—a broken, failed the moral responsibility to institute this country by virtue of their criminal system—is at least prepared in the these reforms. These reforms are cru- activity or criminal background or short term while we work toward legis- cial. He has the authority under law to other circumstances that justify that lation that is absolutely necessary to exercise his discretion. He has the rational and selective approach to law comprehensively revise and reform moral responsibility to fix this broken enforcement. that system. system as long and as well as he can This approach is hardly novel, and it Every day that the Federal Govern- using that responsibility. is highly unoriginal. In fact, President ment fails to act on immigration re- I am encouraged to hear that the Obama’s authority to direct how Fed- form, people in this country are forced President intends to focus his author- eral immigration resources will be to live in fear and the anxiety and ap- ity on serious criminals, not law-abid- marshaled in the service of protecting prehension that children suffer when ing individuals. At a minimum, my public safety is very much in the tradi- they are afraid they will lose their par- hope is that he will ease the minds of tion and history of this office. Every ents and siblings. Connecticut citizens children and put to rest the anxiety President since Dwight Eisenhower, live in fear of losing their neighbors children feel when they fear they may whether Democratic or Republican, has and their employers, their congregates lose their parents. Whether they are done exactly what President Obama is in church, and members of their imme- DREAMers or U.S. citizens, they doing in this Executive order. diate and extended families. Millions of should be spared that apprehension and

VerDate Sep 11 2014 05:59 Nov 20, 2014 Jkt 049060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.069 S19NOPT1 smartinez on DSK4TPTVN1PROD with SENATE November 19, 2014 CONGRESSIONAL RECORD — SENATE S6137 anxiety that interferes with everything Under the previous order, there will Udall (NM) Warner Whitehouse they do in school or work. be 2 minutes of debate equally divided Walsh Warren Wyden My hope is that he will exercise that prior to a vote on the motion to invoke NAYS—39 authority on behalf of the parents of cloture on the Pepper nomination. Alexander Enzi McConnell those children—U.S. citizens, perma- The Senator from Connecticut. Barrasso Fischer Moran Blunt Graham Paul nent residents, and DREAMers. Mr. BLUMENTHAL. I ask unanimous Boozman Grassley Portman My hope is that he will ease some of consent all time be yielded back. Burr Hatch Risch the arbitrary restrictions that prevent The PRESIDING OFFICER. Is there Chambliss Heller Roberts the DOCA program from achieving its objection? Coats Hoeven Rubio Coburn Inhofe Scott full purpose—restrictions like the cut- Without objection, all time is yielded Cochran Isakson Sessions off age. back. Corker Johanns Shelby As he acts to exercise his prosecu- Cornyn Kirk Thune torial discretion with respect to depor- f Crapo Lee Toomey Cruz McCain Wicker tation, he should also consider his ad- ministration’s policies with respect to CLOTURE MOTION NOT VOTING—3 detention. As I wrote to the President The PRESIDING OFFICER. Pursuant Hagan Landrieu Vitter earlier this year, along with my col- to rule XXII, the Chair lays before the The PRESIDING OFFICER. On this league and friend Chairman LEAHY, I Senate the pending cloture motion, vote, the yeas are 58, the nays are 39. believe the administration’s decision which the clerk will state. The motion is agreed to. to dramatically expand the detention The legislative clerk read as follows: f of whole families, many of whom have CLOTURE MOTION NOMINATION OF PAMELA PEPPER shown a credible fear of being returned We, the undersigned Senators, in accord- to dangerous situations in their home TO BE UNITED STATES DISTRICT ance with the provisions of rule XXII of the JUDGE FOR THE EASTERN DIS- countries, is counterproductive and Standing Rules of the Senate, hereby move harmful. Migrants must be given an to bring to a close debate on the nomination TRICT OF WISCONSIN adequate opportunity to show they of Pamela Pepper, of Wisconsin, to be United The PRESIDING OFFICER. The have a valid claim as refugees. States District Judge for the Eastern Dis- clerk will report the nomination. The policy of indiscriminately hold- trict of Wisconsin. The assistant legislative clerk read ing families in enormous, privately run Harry Reid, Patrick J. Leahy, Robert the nomination of Pamela Pepper, of facilities leads to inhumane living con- Menendez, Patty Murray, Debbie Sta- Wisconsin, to be United States District benow, Benjamin L. Cardin, Amy Klo- ditions. Violence against women and buchar, Kirsten E. Gillibrand, Chris- Judge for the Eastern District of Wis- children and simply inefficient use of topher Murphy, Brian Schatz, Richard consin. resources are more the rule than the J. Durbin, Richard Blumenthal, Tom The PRESIDING OFFICER. Under exception. Warehousing young children Harkin, Angus S. King, Jr., Tom Udall, the previous order, there will be 2 min- in complexes that are little more than Mazie K. Hirono, Sheldon Whitehouse. utes of debate equally divided prior to jails is deeply incompatible with our The PRESIDING OFFICER. By unan- a vote on the motion to invoke cloture national values and it serves none of imous consent, the mandatory quorum on the Sannes nomination. the goals of an effective immigration call has been waived. The Senator from New York. system. The question is, Is it the sense of the Mr. SCHUMER. I yield back all time. Tomorrow marks the 25th anniver- Senate that debate on the nomination The PRESIDING OFFICER. Is there sary of the U.N. Convention on the of Pamela Pepper, of Wisconsin, to be objection? Rights of the Child. Faith leaders and United States District Judge for the Without objection, all time is yielded community members from around the Eastern District of Wisconsin, shall be back. country will be doing vigils and telling brought to a close? f the stories of children and mothers The yeas and nays are mandatory CLOTURE MOTION who are spending this holiday season under the rule. behind bars. Yes, in the greatest coun- The clerk will call the roll. The PRESIDING OFFICER. Pursuant try in the history of the world, chil- The legislative clerk called the roll. to rule XXII, the Chair lays before the dren and their moms will be spending Mr. DURBIN. I announce that the Senate the pending cloture motion, Thanksgiving behind bars. Senator from North Carolina (Mrs. which the clerk will state. The PRESIDING OFFICER. The time HAGAN) and the Senator from Lou- The legislative clerk read as follows: of the Senator has expired. isiana (Ms. LANDRIEU) are necessarily CLOTURE MOTION Mr. BLUMENTHAL. I ask unanimous absent. We, the undersigned Senators, in accord- consent for 1 additional minute. Mr. CORNYN. The following Senator ance with the provisions of rule XXII of the The PRESIDING OFFICER. Without is necessarily absent: the Senator from Standing Rules of the Senate, hereby move to bring to a close debate on the nomination objection, it is so ordered. Louisiana (Mr. VITTER). Mr. BLUMENTHAL. These families of Brenda K. Sannes, of New York, to be The PRESIDING OFFICER. Are there United States District Judge for the North- are not flight risks and they are not any other Senators in the Chamber de- ern District of New York. dangerous. We owe it to them to do siring to vote? Harry Reid, Patrick J. Leahy, Robert better. I am proud of standing with my The yeas and nays resulted—yeas 58, Menendez, Patty Murray, Debbie Sta- colleagues on calling on the President nays 39, as follows: benow, Benjamin L. Cardin, Amy Klo- to keep families together, target re- [Rollcall Vote No. 283 Ex.] buchar, Kirsten E. Gillibrand, Chris- topher Murphy, Brian Schatz, Richard sources effectively, and run an immi- YEAS—58 gration system that reflects America’s J. Durbin, Richard Blumenthal, Tom Ayotte Franken values and builds a stronger future. Mikulski Harkin, Angus S. King, Jr., Tom Udall, Baldwin Gillibrand Murkowski Mazie K. Hirono, Sheldon Whitehouse. Mr. President, I yield the floor. Begich Harkin Murphy The PRESIDING OFFICER. By unan- f Bennet Heinrich Murray Blumenthal Heitkamp Nelson imous consent, the mandatory quorum CONCLUSION OF MORNING Booker Hirono Pryor call has been waived. Boxer Johnson (SD) BUSINESS Reed The question is, Is it the sense of the Brown Johnson (WI) Reid Cantwell Kaine The PRESIDING OFFICER. Morning Rockefeller Senate that debate on the nomination Cardin King business is now closed. Sanders of Brenda K. Sannes, of New York, to Carper Klobuchar Schatz f Casey Leahy be United States District Judge for the Collins Levin Schumer Northern District of New York, shall EXECUTIVE SESSION Coons Manchin Shaheen be brought to a close? Stabenow The PRESIDING OFFICER. Under Donnelly Markey The yeas and nays are mandatory Durbin McCaskill Tester the previous order, the Senate will now Feinstein Menendez Udall (CO) under the rule. proceed to executive session. Flake Merkley The clerk will call the roll.

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