June 7, 2007 CONGRESSIONAL RECORD — SENATE S7313 The PRESIDING OFFICER. Are there Harry Reid, Jeff Bingaman, Dick Durbin, CREATING LONG-TERM ENERGY any other Senators in the Chamber de- Charles Schumer, Daniel K. Akaka, ALTERNATIVES FOR THE NA- siring to vote? Jack Reed, Mark Pryor, Joe Biden, TION ACT OF 2007—MOTION TO The result was announced—yeas 72, Amy Klobuchar, Daniel K. Inouye, PROCEED Herb Kohl, H.R. Clinton, Evan Bayh, nays 13, not voting—14, as follows: Ken Salazar, Debbie Stabenow, Frank Mr. REID. I move the Senate proceed [Rollcall Vote No. 205 Leg.] R. Lautenberg, Joe Lieberman. to consideration of the Energy bill, YEAS—72 H.R. 6. The PRESIDING OFFICER. By unan- Akaka Dole Menendez The PRESIDING OFFICER. Without imous consent, the mandatory quorum Alexander Domenici Mikulski objection, it is so ordered. Baucus Dorgan Murkowski call has been waived. Bayh Durbin Murray f Bingaman Ensign Nelson (FL) The question is, Is it the sense of the Bond Feingold Nelson (NE) Senate that debate on amendment No. MORNING BUSINESS Boxer Feinstein Obama 1150, an amendment in the nature of a Brown Harkin Pryor Mr. REID. Mr. President, I ask unan- Bunning Hatch Reed substitute offered by Mr. REID of Ne- imous consent that there be a period of Burr Inouye Reid vada, to S. 1348, to provide for com- morning business with Senators per- Byrd Isakson Salazar prehensive immigration reform and for mitted to speak for up to 10 minutes Cantwell Kennedy Sanders Cardin Klobuchar Schumer other purposes, shall be brought to a each. Carper Kohl Smith close? The PRESIDING OFFICER. Without Casey Kyl Snowe objection, it is so ordered. Chambliss Landrieu Stabenow The yeas and nays are mandatory Clinton Lautenberg Stevens under the rule. f Cochran Leahy Sununu Coleman Levin Tester The clerk will call the roll. IMMIGRATION REFORM Conrad Lieberman Thune The assistant legislative clerk called Corker Lugar Voinovich Mr. REID. Mr. President, this has Craig Martinez Webb the roll. been a very difficult time. I think there Crapo McCaskill Whitehouse Mr. DURBIN. I announce that the has been a lot of bending over back- Dodd McConnell Wyden Senator from South Dakota (Mr. JOHN- ward to accommodate people who have NAYS—13 SON) is necessarily absent. wanted to offer amendments. Initially, Allard Gregg Sessions as you will recall, the negotiators were Bennett Hutchison Shelby Mr. LOTT. The following Senators given quite a bit of time, and then Collins Inhofe Vitter are necessarily absent: the Senator when that ‘‘quite a bit of time left,’’ DeMint Lott from Kansas (Mr. BROWNBACK), the Grassley Roberts they wanted another week and they got Senator from Oklahoma (Mr. COBURN), that. NOT VOTING—14 and the Senator from Wyoming (Mr. After the debate started, the major- Biden Graham McCain ENZI). ity leader said, this is a 2-week bill, Brownback Hagel Rockefeller Coburn Johnson Specter The yeas and nays resulted—yeas 45, and it is. I extended debate past the re- Cornyn Kerry Warner nays 50, as follows: cess. During the floor debate, we have Enzi Lincoln disposed of 42 amendments, including [Rollcall Vote No. 206 Leg.] The motion was agreed to. 28 rollcall votes. Last night we asked The PRESIDING OFFICER. A YEAS—45 for consent to move the cloture vote quorum is present. Akaka Hagel Menendez from this morning to tonight so we Mr. REID. Mr. President, I am going Bayh Harkin Mikulski could have another full day of amend- to move briefly to proceed to a motion Biden Inouye Murray ments. That didn’t work out. Brown Kennedy Nelson (FL) to reconsider, but I wanted to tell all Cantwell Kerry Nelson (NE) I understand why some of my col- Members that this vote is not going to Cardin Klobuchar Obama leagues on the other side of the aisle be a 20-minute vote. There are people Carper Kohl Reed thought maybe that wasn’t a good Casey Lautenberg Reid idea. But I thought we could, after clo- coming from all over the country, both Clinton Leahy Salazar Democrats and Republicans. I don’t Conrad Levin Schumer ture was not invoked this morning, think it matters. This is going to be Dodd Lieberman Specter move some other amendments. We the last vote of the night, anyway, but Durbin Lincoln Stabenow tried hard to do that. We were unable Feingold Lugar Voinovich this vote will go a little longer. Feinstein Martinez Whitehouse to do that. I tried every possible way to I ask unanimous consent that the Graham McCain Wyden get amendments up today; every pos- motion to proceed to the motion to re- sible way. consider the failed cloture vote on the NAYS—50 A real short recounting of this. I of- substitute be agreed to, the motion to Alexander Crapo Murkowski fered votes on eight amendments, four reconsider be agreed to, and the Senate Allard DeMint Pryor on each side. Then we tried six, three Baucus Dole Roberts proceed to vote on the motion to in- Bennett Domenici Rockefeller on each side. Again, my friends on the voke cloture on the Kennedy-Specter Bingaman Dorgan Sanders other side of aisle objected to that. substitute amendment No. 1150. Bond Ensign Sessions Then I tried three Republican amend- Boxer Grassley The PRESIDING OFFICER. Is there Shelby ments, only two Democratic amend- Bunning Gregg Smith Burr Hatch ments. That was objected to by my col- objection? Snowe Byrd Hutchison Hearing no objection, it is so ordered. Stevens leagues on the other side. Chambliss Inhofe Sununu Finally, I tried to get a significant Mr. REID. I move to reconsider the Cochran Isakson vote. Coleman Kyl Tester number of additional amendments Thune CLOTURE MOTION Collins Landrieu pending so they could receive votes Corker Lott Vitter after cloture. That was objected to. Re- The PRESIDING OFFICER. Under Cornyn McCaskill Warner the previous order and pursuant to rule Craig McConnell Webb publicans even objected to calling up XXII, the Chair lays before the Senate their own amendments. the pending cloture motion, which the NOT VOTING—4 So having spent all day trying to clerk will state. Brownback Enzi diligently work out a way to vote on The legislative clerk read as follows: Coburn Johnson Republican and Democratic amend- ments and facing objections from my CLOTURE MOTION The PRESIDING OFFICER. On this Republican colleagues, I found the only We, the undersigned Senators, in accord- vote the yeas are 45 the nays are 50. thing we can do is try to get cloture to- ance with the provisions of rule XXII of the Three-fifths of the Senators duly cho- Standing Rules of the Senate, hereby move night. sen and sworn not having voted in the I was hoping my friends on the other to bring to a close debate on the substitute affirmative, the motion is rejected. amendment No. 1150 to Calendar No. 144, S. side of the aisle would understand that 1348, comprehensive immigration legislation. The majority leader. small groups shouldn’t dictate what

VerDate Aug 31 2005 06:30 Jun 08, 2007 Jkt 059060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A07JN6.013 S07JNPT1 hmoore on PRODPC68 with HMSENATE S7314 CONGRESSIONAL RECORD — SENATE June 7, 2007 happens around here, but that is what President included—to figure out a way the majority leader say, that he happened. to get this bill passed. I am a creature doesn’t want to give up on it either. I But I, even though disappointed, look of the Senate. I understand we live by think we are within a few days of get- forward to passing this bill. the rules that govern this body. A ting to the end of what many would ap- We are going to take the bill off the small number of people can disturb plaud as an important bipartisan ac- Senate floor, as I just indicated and we what goes on here. My disappoint- complishment of this Congress. I en- have done. But there are ways we can ment—and I have expressed this to courage the majority leader to return do this. There could be an agreement of Senator MCCONNELL—is I wish more of to this issue in the near future. I doubt a number of amendments. I am saying my colleagues on the other side of the if the prospects will get better with the to everyone here, I would do my very aisle had in effect thumbed their nose passage of time. There are a number of best to have more Republican amend- at a few of these people and voted for Republicans who are prepared to vote ments than Democratic amendments. I cloture, at least giving us more votes for cloture as soon as they believe their know some of my colleagues don’t than what we got. It didn’t happen. colleagues on this side of the aisle have want me to say that, but I would be There are personal reasons for doing had a reasonable opportunity to have willing to do that, with a time certain that. I accept that. But in my office, offered and voted upon amendments for passing this bill. Hopefully, we can about 7 o’clock tonight, a number of we they think would improve the bill. I do that in the next several weeks. Democratic Senators met there and don’t think that is asking for too There is a lot of support for this bill on made a commitment to each other that much. the outside. The problem was on the in- we are going to do everything we can I would be happy to commit tonight side of the Senate Chamber. to the majority leader to continue to People have worked very hard on this to pass this bill as soon as we can. work with him to try to finish this bill bill. One of my colleagues in my office When is that? I don’t know. But we are at the earliest possible time. Obvi- today, who has worked on this bill so going to work hard. We are going to ously, it is his decision to decide when hard, shed some tears. This is a bill try to put aside the hurt feelings we we go back to it. My advice would be to about which people have a lot of emo- have and move on with the anticipa- tion. tion that this bill is something the do that sometime soon. In the mean- I have to acknowledge that my first country needs, and the Senate needs to time, we will still be working with peo- reaction was, look how many votes do this. I hope we can figure out a way ple on this side of the aisle to try to they gave us, six or seven. All the to do so. winnow down the number of amend- Democrats could have voted for clo- The PRESIDING OFFICER (Mr. ments that really seem to need a roll- ture—and we did, all but 10—and we PRYOR). The Republican leader. call vote and be prepared to try to still couldn’t have gotten cloture. That Mr. MCCONNELL. Mr. President, my work on this again at whatever point was my reaction, to be upset. But there good friend the majority leader and I the majority leader decides to return is no reason to be upset. I think we frequently are on opposite sides of to the measure. have to look toward passing this bill. It issues and fighting to a draw occasion- I yield the floor. is something that needs to be done. ally. But on the matter we are dealing The PRESIDING OFFICER. The ma- There are some really good things in with tonight, both of us desire the jority leader. this bill. The DREAM Act—I will not same result, which is to get a bipar- Mr. REID. Mr. President, the distin- belabor the point, but I will just briefly tisan immigration bill that would be guished Republican leader has laid out say that in Smith Valley, NV, a little an improvement over the disastrous the problem: We are very close. At mining community, a number of years status quo we have on this important some point, we will be ready to vote for ago, this beautiful child came up to issue in America today. The utility, cloture. We need more votes on amend- me, a senior in high school. I knew she however, of a great many cloture votes, ments, even though we have had more wanted to talk to me, and she did. She particularly when you don’t succeed, is than on the bill last year. We are get- said: I am the smartest kid in my class. that it doesn’t produce results. ting close to being prepared to vote for I can’t go to college. My parents are il- I had indicated to my good friend the cloture. We have spent so much time legal. What am I going to do, Senator? majority leader at the beginning of on this bill trying to make people She couldn’t do anything. I don’t know this debate that we needed—‘‘we’’ happy whom you couldn’t make happy what she is doing now. She is a grown meaning this side of the aisle—to have on this bill anyway. They had no inten- woman, probably working on the onion roughly the same number of Repub- tion of voting for the bill, voting for farms in Smith Valley. Maybe she got lican rollcall votes on this bill this cloture. But we spent an inordinate married. I don’t know what happened year that we had the last time we amount of time—— to her. She should have been able to go brought it up. Now I think we were Mr. MCCONNELL. Will the leader to college. We had a provision in this very close to getting there. My advice yield on that point? bill to allow people like that young to my good friend on the other side was Mr. REID. Mr. President, in a brief lady to go to college. to not have this vote we just had to- minute. A young man in Reno, NV, a small- night. I didn’t believe I could support I want the right tone set here. I don’t in-stature Hispanic—he would be the cloture at this point, although I cer- want this to be an adversarial process. master of ceremonies at events. He tainly could at some point, provided we This is not a battle between REID and could sing. He could talk. It took me a had enough votes on the amendments MCCONNELL. The votes show what hap- number of years to realize he was in for which there was a demand on our pened. It doesn’t take Einstein to fig- the country but he had bad papers. He side of the aisle. But we were not there ure that one out. Republicans didn’t couldn’t drive a car. I haven’t seen him yet. We could have finished this bill in vote for cloture. They hadn’t had for a number of years, don’t know what a couple of more days, in my judgment. enough. What is enough? I don’t know has happened to him. He couldn’t go to Frankly, we have had too many clo- what is enough. college. Under this legislation which is ture votes this year to get successful One of the elements that hasn’t been now no longer on the Senate floor, he results. This is the 37th cloture vote we mentioned here tonight—but only in could have had a pathway to legaliza- have had this year. By this point in the passing, because I want to set the right tion. He already knew English. He 109th Congress, we had had 13. By this tone—this is the President’s bill. Last spoke better English than I do. Get a point in the 108th Congress, we had had year, we passed the Democratic immi- job, pay taxes, stay out of trouble—I nine. By this point in the 107th Con- gration bill. We passed it with help am confident he would do that—pay gress, we had had two. So my sugges- from some courageous Republicans. some penalties and some fines to go to tion on a bill like this which does enjoy Here, part of those courageous Repub- the back of the line, to be able to come bipartisan support is to meet the licans met with some very strong out of the shadows, get the ability to threshold of acceptability, to get Democratic Senators, working with drive a car. But we are not going to be enough support over here to get to Cabinet officers, to come up with a bill. able to do that for him now. final passage. They came up with a bill. The press has I have every desire to complete this I think we are giving up on this bill declared this to be the grand com- legislation. We all have to work—the too soon. I like what I think I heard promise. I accept that term. Where are

VerDate Aug 31 2005 03:39 Jun 08, 2007 Jkt 059060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G07JN6.091 S07JNPT1 hmoore on PRODPC68 with HMSENATE June 7, 2007 CONGRESSIONAL RECORD — SENATE S7315 the President’s men? Where are the that we had when we took up this bill So, Mr. President, I do not want to President’s people helping us with in the last Congress. leave this floor tonight without stating these votes? Now, my good friend, the majority how much I admire and appreciate We are finished with this for the time leader, keeps referring to Members on seven courageous Republicans who did being. As we have been for days, we are our side of the aisle who are not going the right thing. They know what went going to have a list for you right away. to vote for the bill under any cir- on here in the last few days is wrong. We should have it by 5 o’clock tonight. cumstances, and there are a number of They voted for cloture tonight. I am We will have it for you in the morning. those on our side of the aisle. But they confident that others will join them in We are very close. At some point, we are not the key to getting cloture. It is the future, if we have to do cloture are going to do this. Pretty soon, we the rest of us. again. But everyone—everyone—should will have enough votes so we can sup- Let me be perfectly clear about it. acknowledge that what these seven port cloture. We are prepared to vote What I am saying is, the rest of us who Senators did was not easy. It is an act for cloture but not right now. would like to be able to vote for clo- of courage that they did this. I want to finish this bill, but I can’t ture and would like to see us pass a bill While my compliments for them may do it alone. We can’t do it alone. We are going to insist that the others of not be very much, when the history did more than our share here tonight our colleagues—whether they vote for books are written, this will be a profile on cloture votes. We picked up seven or against the bill in the end—have a in courage for their doing this tonight. votes during the day from the vote this chance to have roughly the same num- I am convinced that is true. I admire morning to the vote this evening. But ber of rollcall votes we had before. them and appreciate what they did, we need some help. I would hope the It is not complicated. It is a very setting an example. President understands that it is only complicated bill, but the key to get- I think we have all said enough, but going to be about 16 months until there ting it passed is not complicated. We I want to get the last word. So if people is an election for a new President, ei- are not that far away from being able want to say more, I will— ther a Democratic or Republican Presi- to get cloture on a bill. And the people The PRESIDING OFFICER. The Re- dent. He has a relatively short period like myself, who, if this procedural publican leader. of time to help us with this piece of hurdle of getting an adequate number Mr. MCCONNELL. Mr. President, legislation. of rollcall votes is met, are going to then I want to express my admiration People know I am very concerned vote for cloture would probably be able for the 12 Democrats who voted against about what comes up on the floor. I am to bring enough of our colleagues along cloture for being profiles in courage. very time-conscious with what needs to to get cloture on the bill. Look, the point is, it is quite simple. be done. I am not always right, and I That is why I advise my good friend We all know how to get cloture. It is to acknowledge that. But no one can take to give it a couple more days. That is have enough Republican rollcall votes, why I also advise him—right now, away from the fact that I try to get as as I have repeatedly told my good again, tonight—if he is going to turn much as we can out of this Senate. I friend from Nevada over the last 2 back to this bill, I would not wait a am going to continue to do that. Part weeks. At whatever point we want to whole long time to do it. It strikes me of the time I want to make sure we are turn back to the bill and meet that that it ought to be done sometime in able to add into the picture is time to threshold requirement, I think there is the near future. If we can get this rea- do an immigration bill, but we over an overwhelming likelihood of getting sonable number of additional rollcall here can’t do it alone. We need some cloture and moving forward. votes, I think there is an overwhelming help. We have an opportunity, as I said The PRESIDING OFFICER. The ma- likelihood of cloture on the measure before. We want this number of amend- jority leader. and a bipartisan accomplishment. Mr. REID. Mr. President, last word— ments, and we are not going to go for The PRESIDING OFFICER. The ma- 34. I heard that one yesterday. But jority leader. I hope. You cannot have votes on whatever it is—10, 6, 5, 4, 3, a time for Mr. REID. Mr. President, keep in amendments that people do not let you final passage—we will find time to get mind the logic of this. It has been made bring up to vote on. There is no basket- this bill up. If they—meaning the other graphically clear to me that the Re- ball, remember. We have a game going side—have another idea how to get it publicans wanted more votes on their but no basketball. done, we will work with them. We want amendments. One problem: They ob- The PRESIDING OFFICER. The Sen- to pass this bill. We are committed to jected to bringing up their own amend- ator from Massachusetts. immigration reform. We believe our ments. It makes it a little tough to Mr. KENNEDY. Mr. President, this country needs it, not only for the peo- vote on them. It is like having a bas- vote was obviously a disappointment. I ple who live in this country but people ketball tournament where you have think those of us who have worked on outside the country who recognize we the five players on each side, and they this issue are encouraged by what both have the ability to solve our own prob- are going to have a tournament, and leaders have stated, that we are not lems. Immigration is a problem. We are the winner is the team with the most giving up or forgetting this legislation, committed to work on it. And we will points, but—one problem—nobody will and we have every intention of ulti- continue to do that. I hope for the good supply a basketball. That is what we mately finalizing and getting a bill. of this country we can move forward in had here. Tonight we cannot look away from a positive manner and pass this legisla- The logic of the statement of my what is happening on the southern bor- tion. friend from Kentucky leaves me with- ders that are open to the kind of van- I say again, let’s have President Bush out a lot of understanding. They want dalism that has taken place, the ex- work with us. I want to work with him. more amendments. We did everything ploitation which has taken place. We You do not hear that from me very we could to have amendments today. I cannot look out at our broken immi- often. I will do whatever I can to have will go through it again. We started gration system and think we can let this part of his legacy, his immigration out with eight. They objected to it. that continue. We cannot look away bill. I want no credit for it. No one else Six, five; they objected every time. We from so many locations across this wants any credit for it. It can be his said: Do you want more amendments country where people who are undocu- bill because if we pass this, there is pending? Here they are. We will give mented are being exploited—dan- credit to go around for everybody. you six or eight. Objection. gerously exploited—dehumanized. The PRESIDING OFFICER. The Re- So we know where we are. But let’s We cannot look away from those who publican leader. realize where we are and not make up have worked in the agribusinesses of Mr. MCCONNELL. Mr. President, this the facts. The real true facts: We want- this country and had real hope we were is a complicated bill, but the key to ed to give the Republicans votes on going to take action in the Senate, passage is not complicated. Let me say amendments. Voice votes did not where we have worked for years and again what I have been saying for 2 count. It had to be rollcall votes. And years and years in order to get legisla- weeks. There is a demand on this side I accepted that. But we could not get tion through, which 67 Members of this of the aisle to have roughly the same any kind of votes because we could not Senate have cosponsored. Their dreams number of Republican rollcall votes get amendments up—not for our fault. are dashed this evening.

VerDate Aug 31 2005 03:39 Jun 08, 2007 Jkt 059060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G07JN6.094 S07JNPT1 hmoore on PRODPC68 with HMSENATE S7316 CONGRESSIONAL RECORD — SENATE June 7, 2007 We cannot look away from the 12.5 Accusations have been made it is am- gress to resolve this issue because of million people out across America who nesty. But the fact is, if we do nothing, the very important values that are at tonight, after finding out what has it is silent amnesty. The 12 million un- stake. failed to happen in the Senate, know documented immigrants will stay here. I want to say, first, before I make they are going home to their children, And the alternative to amnesty—if am- some other comments, that we would and know tonight their fear is en- nesty it is; and I do not think it is be- not be here, frankly, if it had not been hanced and increased because we have cause we have done everything we can for the leadership of Majority Leader failed to take action. to construct the factor of earned right REID in setting aside this time for us to Sure, they broke the law, but they to citizenship, with fines, payment of debate this issue of such national sig- broke the law because they wanted to back taxes, learning English, holding a nificance. So I appreciate him and all work, work, work. They wanted to pro- job, contributing to our society—but the leadership he has provided in this vide for their families. They wanted to the alternative to amnesty—if it is; effort. provide for their children. They wanted and I repeat it is not—is anarchy, I also appreciate the leadership of to work. And 70,000 permanent resident which is what we have now. aliens have served in the military in I believe the central point ought to both my Democratic and Republican Iraq, in Afghanistan. They wanted to be understood by anyone who is watch- colleagues who have worked hard on be part of the American dream. ing C–SPAN 2 that this matter is on this issue for the last 4, 5 months. In- Well, I think as both leaders have life support, but it is not dead, it is not deed, it has been more than a 4- or 5- stated, doing nothing is not an alter- morbid, and ultimately we will produce month debate and struggle. Indeed, it native. It is not an alternative. This a list of amendments. We will satisfy has been more than a 4- or 5-month de- issue is not going away. And I leave those on the Republican side of the bate. We were on this floor for a month this evening actually encouraged by aisle who want to vote for amend- last year casting some 30, 35 rollcall what both leaders have stated. Most of ments. There is no obligation on the votes, and we have been on this issue all, I am encouraged by the spirit part of any Senator who offers an now for the last several weeks. We had which I have seen in the Senate among amendment to be committed to vote a warning it was coming up. But there Republicans as well as a number of our for the bill. The bill could be improved has been a lot of work that has gone colleagues who believe we have a real by those who are opposed to it. But into this legislation. It is my hope, responsibility to accept the challenge whatever is the case, they have a right with the sense of optimism expressed of both of our leaders and find a way to offer amendments. Ultimately, we by my good friend, Senator KENNEDY we can secure a fair and just immigra- will satisfy that interest. from Massachusetts, that Senator REID tion bill. I voted for cloture tonight because I and Senator MCCONNELL will lead us to It is in that spirit that I hope those think the Democrats were wrong but some resolution of this issue. who have been involved in this will the Republicans were ‘‘wronger’’—to I want to say a quick word about why continue to work so we are going to use a word which does not exist. But we I don’t think failure is an option. I have a constructive resolution. No bill will return to this issue because it is don’t think anybody here ought to be at all is not a solution. too important for America not to im- saying the immigration reform pack- The PRESIDING OFFICER. The Sen- prove the status quo. age is dead, because it isn’t. It isn’t. ator from Pennsylvania. We are still open for business on this We are very close to coming up with Mr. SPECTER. Mr. President, I have bill. If anybody has a better idea on legislation that will address the funda- a sense of wonderment as to what the how to deal with the borders, let’s hear mental values we have been trying to American people are thinking about it; to deal with the employers, let’s address from the very beginning. In my what has just transpired in the Senate, hear it; to deal with the 12 million un- mind, I want to say what I believe if there are any people watching on C– documented immigrants, let’s hear it; some of those fundamental values are. SPAN 2. to provide a workforce, let’s hear it. First and foremost, we have to fix This is reputed to be the world’s One thing I do take difference with our borders. We have a system of bro- greatest deliberative body. But to lis- my colleagues who have been opposed ken borders in this country where peo- ten to the debate for the last several to the bill—on both sides—they have ple come across the border and we days, and to the speeches here this not come forward with an alternative. don’t know who is coming into this evening, I think people wonder just I had a discussion with one of the lead- country. We don’t know who is coming what is going on. ers of the opposition who is dead set into this country. In a post-9/11 world, We worked through the immigration against this bill today about what that is absolutely unacceptable. issue in the last Congress, in the Judi- would he suggest. He did not have a We also have a broken immigration ciary Committee, and extensively pro- suggestion. He is still thinking about system within the country, because duced a committee bill. We came to the it. floor and passed a bipartisan bill. Well, there has been a lot of time to when people come into the country, we This year, we chose a different think about it. We tackled this bill don’t know where they are and we do course. As I have said before, I think it more than 2 years ago in the Judiciary know that many of them overstay was probably a mistake not to go Committee, which I chaired, and it is their visas. Forty percent, fifty percent through the committee process. But we time that the dissenters came up with of the people come into the country le- crafted a bill, bipartisan. About a something as an alternative, just not gally and simply overstay their visas. dozen Senators sat through tedious, la- be naysayers. How can we have a system of national borious hours to construct a bill. As of But I am glad to hear what Senator security when we don’t know where these people are? So national security this moment, we have not succeeded. REID has said and Senator MCCONNELL But I believe we will yet succeed. has said about the determination to compels us to make sure that we get to We have faced a very difficult issue. produce a bill yet, and I think we will a solution, and that is why failure is We know our borders are porous. We return to it. We will yet earn our title not an option. have constructed a way to do our ut- as the world’s greatest deliberative Secondly, there are significant as- most to stop people from coming in il- body. pects to this legislation. I look at the legally. We know the United States is a I yield the floor. great work Senator DIANNE FEINSTEIN great magnet, and we have structured The PRESIDING OFFICER. The Sen- and Senator LARRY CRAIG have done a way that employers can find out who ator from Colorado. with respect to AgJOBS, a piece of leg- is legal and who is not legal. We have Mr. SALAZAR. Mr. President, I want islation that has been almost a decade crafted a way, with a guest worker pro- to make a few comments about the leg- in crafting. I know about the fruit that gram, to provide for the labor needs of islation we have been working on so rots in places in California. I know the United States and have structured hard. The overall comment I want to about the agricultural disaster prob- a way to deal with the 12 million un- make is, failure on this issue is simply lems we have in many places across our documented immigrants as best we not an option. Failure is not an option. country, including my State of Colo- could. The people of America deserve the Con- rado. AgJOBS is an important part of

VerDate Aug 31 2005 03:39 Jun 08, 2007 Jkt 059060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G07JN6.096 S07JNPT1 hmoore on PRODPC68 with HMSENATE June 7, 2007 CONGRESSIONAL RECORD — SENATE S7317 the legislation. People and organiza- the Democrats so we can get cloture on Senator MEL MARTINEZ, who is on the tions, both Republican-leaning organi- the bill, so we can get whatever amend- floor now, my colleague JOHN MCCAIN zations and Democratic-leaning organi- ments crafted that are not the poison from Arizona, LINDSEY GRAHAM, and zations, from the United Farm Workers pills some would try to offer, and we Senator SPECTER who spoke, and all of to the Farm Bureau of America, and can get that done. I have confidence. I the others who helped so much on this others, want us to pass this legislation have confidence in my Democratic col- legislation, we are committed to seeing because it included AgJOBS. Today, leagues as well as my Republican col- it through to the end. Another one of the farmers and ranchers of America leagues that we can live up to the opti- our colleagues on the Democratic side, ought to be saying to this Senate and mism—we can live up to the optimism Senator CANTWELL, who also was a help to the leaders of this Senate that they Senator REID shared with us here to- in moving part of this along, said this want this bill and they want to get it night. is a marathon, and she is right. We are done as soon as we possibly can. I yield the floor. not quite to the finish, but we are Third, there are moral issues that The PRESIDING OFFICER (Ms. going to finish. frankly ought to guide us in dealing KLOBUCHAR). The Senator from Arizona I know there are those out in Amer- with some of these issues that are so is recognized. ica who think this is not a good bill. If important to our country. Sure, there Mr. KYL. Madam President, I wish to you want to criticize the bill, there are are 12.5 million people who came here share in the comments of my col- a hundred ways to do it. I could point to America and they came here to leagues who have spoken in favor of out all the flaws, and there are plenty. work and to live the American dream. this legislation in expressing concern But you cannot solve big problems Tonight, many of those people live in that we were not able to proceed to- without trying. We have tried hard. We fear not knowing what is going to hap- night to the final steps for its consider- have produced an imperfect product, pen to them, not knowing what is ation, but also to express appreciation but a product that is the best to come going to happen to their families the to the majority leader and others who along yet. In the amendment process next day. Because they broke the law, have expressed a willingness to con- we can make it better, and in the rest we said in this compromise, in this tinue to ensure that legislation can of the legislative process, hopefully, we piece of legislation we put together, move forward as quickly as possible. can approve it. Hearing from the Amer- that we were going to have them pay a We should not here this evening cast ican people, we have put many of their fine. We were going to punish them. any blame for our failure to move it suggestions into the mix here to help That is what we do in America all the forward tonight. In a sense, all of us improve it. But if we don’t try, this time. We pass laws in this body. The who were supporters didn’t do a good problem that has bedeviled us for years Presiding Officer and I served as attor- enough job of ensuring all of the proc- will continue. neys general for a long period of time, ess could occur that Members properly As so many others have said, failure and what we do is when people break insist on in order to vindicate their is not an option. We have a big problem the law, we punish them. So we created rights to debate and have amendments in this country that needs solving, and a system here that provided punish- to get the job done. By the same token, I respect those who have put their ment to people by requiring them to those who oppose the bill need to ap- shoulder to the wheel to solve it in the pay a fine. preciate that at a certain point, there face of great opposition and misunder- We also in this legislation require is adequate consideration of their standing in some respects from some of that they pay fees, impact fees. We re- amendments. our constituents. But if you don’t try, quire them to pay other kinds of fees. The majority leader expressed this you don’t reach these tough solutions. So this was not what some of those evening the view that we hadn’t quite We came here to solve the tough prob- people from places around the country reached that point. And reluctantly, lems. have said is an amnesty bill. This was because of that, I joined those who de- I will conclude with comments that a bill that put people into probation cided to vote to keep the debate mov- have always inspired me by Teddy Roo- and into purgatory where over a period ing forward, which at this point means sevelt, who was not afraid to get in a of time, over a period of 8 years—you the majority leader has, at least tem- dusty arena and fight it out. He said wait for 8 years and at the end of 8 porarily, set it aside. But it shouldn’t the thing he most appreciated about years, if you do the time, if you pay be too hard to get about a dozen his opportunities in life was the oppor- the fine, if you stay crime free, if you amendments of Members considered. tunity to work on work worth doing. learn English, you go to the back of That is why I say we all share some re- This is work worth doing. the line, you meet all of those require- sponsibility, because that shouldn’t The PRESIDING OFFICER. The Sen- ments, then—then—you become eligi- have been that hard of a task. I hope ator from California is recognized. ble for a green card. So what we crafted our leadership will ensure that once we Mrs. FEINSTEIN. Madam President, was a bill that was in fact a workable get that list available and ready for I wanted to say a few words because for bill. consideration, we can quickly take up me, this is a very sad day. I had hoped Having said all of that, I think the the legislation again and finish it in the outcome would be very different. I aim here still is to address those very this body so it can move forward to the too want to thank my colleagues. important strategic interests of the other side. Earlier this evening, I happened to United States of America, and I do not I am not going to talk about the sub- listen to the gray-haired Senator from believe failure is an option. I believe stance of the legislation tonight. I do Massachusetts speak and I think he that the Democrats, working with the want to thank those who worked so probably spoke for an hour without a Republicans, can still move forward to hard on its behalf on both sides of the note. It was a lesson in immigration find legislation that will address the aisle. The Senator from Colorado who and a lesson on this bill. I think he imperative of fixing our broken borders has just spoken was an incredible inspi- knows more and has worked harder and and our lawless immigration system ration in getting it done. The work worked longer—not months, but dec- which we currently have in America. Senator KENNEDY did throughout this ades—on these issues. So, TED KEN- The last thing I want to say again is effort to ensure that he drove us to a NEDY, I want you to know I have the the best of times, frankly, for me in conclusion that was one that didn’t deepest respect and feeling for you, and the Senate have been when Democrats satisfy anyone 100 percent, but which I am so sorry this day ended the way it and Republicans came together to all of us at the end of the day found we did. solve the problems of our country. The were able to support—without his lead- But to my other colleagues: Senator issue of immigration isn’t a Republican ership, it wouldn’t have been possible. KYL, Senator MARTINEZ, who is here, issue or a Democratic issue; it is an My colleague from California, Senator Senator SALAZAR, Senator MENENDEZ, issue that is an American issue. If we FEINSTEIN, with whom I have worked Senator SPECTER, Senator GRAHAM, all are going to solve an issue that is as on so many things, made some very dif- of those people who came to the hot difficult as this very contentious issue ficult decisions and in that, as always, rooms and sat around a table and put for America, it is going to take Repub- I respect the way she provided her lead- forward something they hoped could be licans coming over and working with ership. On our side, colleagues such as bipartisan and could pass, I think we

VerDate Aug 31 2005 05:30 Jun 08, 2007 Jkt 059060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G07JN6.097 S07JNPT1 hmoore on PRODPC68 with HMSENATE S7318 CONGRESSIONAL RECORD — SENATE June 7, 2007 all know the fact is that any immigra- ida, and other Senators who are here, into this. I don’t think we should give tion bill has to get 60 votes. Therefore, that with every amendment put on the up. I think we should come back to it is not going to be a Democratic im- floor, it drove the sides not closer to- fight another day. I know we will. To migration bill and it is not going to be gether but further apart. I watched as everybody, beginning with TED, KEN, a Republican immigration bill; it is we sat here late last night. I saw that MEL, DICK, and for those Republicans going to be a bipartisan bill. as the discussion of amendments went who had the courage in particular to Having said that, when you deal with on, we lost Members. It was unfortu- vote yes on cloture, I am very grateful. one word, which is ‘‘comprehensive,’’ nate because much of it was not on cor- I think if there were a few more of you, which means all encompassing, you rect information. we may have been able to do this to- have to deal with a system that is I hope people will take a look at this night. We will come back. I thank ev- huge. A visa system by the millions, a bill. There may be some decision made erybody. broken border, interior enforcement, that comprehensive, all inclusive is too I thank the Chair and I yield the employer sanctions, all of those things much to tackle in one bill, that per- floor. you need to do to fix a system that has haps we should do parts of this bill at The PRESIDING OFFICER. The Sen- existed are broken. a time. This has been a very hard time ator from Florida is recognized. Someone said earlier today: What we for those of us who believe we had a have now today in America is effec- Mr. MARTINEZ. Madam President, I product that had a chance to stand the share in the disappointment of the tively amnesty, because people know test of time. We have a failing system you can’t pick up and deport 12 million evening with the Senator from Cali- out there today. Even if we got 25 per- fornia. I have been a part of this proc- people. You can’t hold 12 million peo- cent better, it would be better than it ple. Therefore, what develops is a kind ess, and I never thought in my first is today. We could offer hope for peo- days as a Senator that immigration of subterranean, fearful culture that ple. We could see they are put in a con- never becomes healthy and part of the would be one of the signature issues I structive venue. We could see that en- would deal with. However, it is one I main culture of America, and it is so forcement is what it should be. We too bad, because it doesn’t have to be will not shrink from and one I will con- would put the money into the guar- tinue to do all I can to see that we that way. I think those of us who see antee of the enforcement. We would use that, who looked at the comprehensive tackle this difficult problem our Na- modern electronics to improve em- tion faces and do something about it. picture, who struggled between a ployer sanctions. Everybody would It would be incredibly easy to walk Democratic ideology and a Republican have an identification card. We have away from this. In fact, we have seen ideology and to put those things to- all these people in this country and we how easy it is to say ‘‘amnesty’’ and gether that we could put together in don’t know who they are. What kind of with that, satisfy one responsibility to- virtually every area of immigration re- a national security risk is that? An- ward solving a problem our country form, found that indeed it was a dif- swer: It is a big one. We have people faces today. It is easy to say this would ficult task. We also found another coming across all the time. This is a not work, this is wrong, this isn’t the thing: that there are very strong feel- way to know who everybody is in the right bill, this is the wrong bill, this is ings in this country; and secondly, this United States. bill was misunderstood from the very So there were so many things in this a mistake, we should not do this. What day it was brought out on the floor. In bill that were good. Sure, there are has been so ever-present to me is the many different ways, it was mis- things I don’t like and that Senator lack of any constructive solutions. I know now we are going to be in a hia- reported. It is still being misreported DURBIN didn’t like and that MEL MAR- tus, and those who criticized this ef- to this very day. TINEZ didn’t like and Senator SALAZAR fort, I hope, will take the time and un- People never have understood the didn’t like and a lot JEFF SESSIONS dertake the responsibility of putting complexities of the bill. For example, if didn’t like. There were even things TED forth a proposal, advancing an idea, you sunset the point system after 5 KENNEDY didn’t like. But the point is doing something other than tearing years, you essentially say that agricul- we have a system that is not functional down those who have put this together. tural workers can’t get green cards be- and that is serving no purpose and is cause they have to wait for 8 years, or using taxpayer dollars without pro- I don’t believe we would have been Z visas can’t get green cards because ducing the kinds of efficiencies it hurt by one more day of debate. If the you have to wait for 8 years. The agree- should. This is what we tried to solve bill is going to be brought back, it ment was that in exchange for being in this bill. would have been easier to have given it able to bring people out of the shadows, I thought it was a good bill. I another day. I can also understand the to put them through the hoops of be- thought we could, in conference, work exasperation and anxiety by one who coming legal—not amnesty—oh, and I out some of the problems. I guess my waited all day for amendments that must tell my colleagues, my hair goes observation of the evening is: Is com- didn’t come. In the blame game of up every time somebody calls it am- prehensive too much? Secondly, do peo- Washington, there is plenty of blame to nesty, because there are all kinds of ple not want a bill so much that they go around. hoops they must jump through, and are going to put amendments on this I remain committed to this because I they must show a dedication to the floor that don’t bring people together, believe we owe it to the American peo- country, and they must work and they only divide them further? ple to tackle this very important prob- must pay a fine, and they must learn In terms of deal breakers—my last lem. As I look at what we must do and the language, and they have to do this point—there was one on each side. We what is ahead, I am disappointed to- over a substantial period of time. They survived that. There was one for each night not so much for me but for those have to work to hold their visa. There side. Yet there was nothing that could Americans who believe our borders is a probationary period. They have to not be remedied in a conference. The need to be safer. I am disappointed for submit documents. Some people achievements, I thought, would have those who have employees who may be thought it was too strong, but the fact been so strong and our situation so illegal and are looking for a is, we had a workable program. The ex- much improved. I hope people will read tamperproof ID system that will help change for the Republicans for doing the bill, look at it, understand how them to know their workforce is a that was two things: the guest worker these visa programs would work, un- legal one. I am disappointed for those program, and 8 years down the pike, 8 derstand how the security in this coun- who see the opportunity for the econ- years down, changing the family basis try would be improved by passing it, omy of our country to be improved and to a nuclear family for green cards—a understand how we can—I have always made better by bringing in the best and nuclear family being a mother, a fa- believed we could control our borders. the brightest under a points system ther, and minor children, with addi- If we have the will, there will be a way. that would reward opportunity for tional green cards to move people fast- This was the will and the way to do companies to bring in people we are er through, with hardship green cards that. not producing ourselves, but I hope we where there was a hardship. I wish to So it is a dark day for me and a dark will produce in the future. But today it share this with the Senator from Flor- evening because a lot of work went is advantageous to us in this global

VerDate Aug 31 2005 05:30 Jun 08, 2007 Jkt 059060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G07JN6.098 S07JNPT1 hmoore on PRODPC68 with HMSENATE June 7, 2007 CONGRESSIONAL RECORD — SENATE S7319 economy to bring people in from an- evening long after the Senate finished with the cloture motion, to close off other part of the world to be a part of its business on the immigration bill. It that debate and bring this matter to a this thriving, high-tech economy. is bittersweet to be here after all this close. We fell short of that, despite our I am more disappointed for the fami- effort and time, with so little to show best efforts. The rollcall this evening lies out there who are wondering what for it. I think the comments made fell short, with a vote of 45 to 50. We is going to happen to them, how will since the decision on the motion to end needed 15 more votes. this affect them—the people who fix the debate was voted on have been con- So what those who followed the de- the cars, mow the lawns at a golf club, structive and positive. I join in that bate saw this evening was an example make the hotel beds in central Florida, spirit. of what the Senate is about, why it was the people who clean the parks so that First, I acknowledge we learned an created, why it functions, and the frus- the next day people can go in and enjoy important lesson about the Senate, a trating role it sometimes plays. The a summer vacation day, the people who lesson that bears repeating so those second thing those who followed the pump the gas for them as they are who follow these proceedings will un- debate saw was the continuing saga of leaving the park, the people who do dif- derstand what happened. The Senate is immigration in America. Almost from ficult construction and hot construc- a different institution, different than the first boat that landed in America, tion work that takes place in the hot most city councils, different than the immigration has been an issue. How summer in Florida, the people who har- House of Representatives, where I many more people can this great Na- vest the citrus crops, and all those peo- proudly served for 14 years. It is an in- tion absorb? What kind of people do we ple who do all those services and jobs, stitution designed to protect the mi- want to be our neighbors and future who also have the anxiety of wondering nority’s points of view. It is an institu- leaders in this country? What kind of what is going to happen to them. Those tion that guarantees to every State, people can come here and make this a are the people who come to me and large and small, the same number of better place? What kind of people ask: Are you doing something about Senators, and an institution which has would come here and perhaps make it immigration? What are you doing to honored and protected the rights of the worse? help? Can you do something? Is it minority since its conception. We have been engaged in this debate going to happen? When? The Senate, It was in 1916, if I am not mistaken, from the earliest days of this country. with its long and storied history today, when President Woodrow Wilson asked There have been bitter chapters in this bipartisanly, failed the American peo- the Congress to pass a law to arm the debate—chapters of discrimination and ple. That is, plain and simply, the way Merchant Marine; with the great world prejudice against those who arrived, I see it. We have a chance to recover war about to begin, German U-boats glorious chapters when immigrants and recoup and come back together to were sinking American merchant ves- came and literally gave life to a coun- try again to bring this issue to a close sels. President Wilson wanted to stay try in its infancy. and to do something for the American out of the war, but he wanted to pro- I said on the floor before, and I think people in a way that will bring honor tect our fleet. He asked the Congress at this moment it bears repeating, I am to this institution. I believe we need to for the authority to arm the Merchant one of those fortunate few. My grand- lead because it is time to lead. Marine, and it passed the House. It was mother and grandfather immigrated to It is easy to lead on that which is stopped cold in the Senate by one Sen- this country. They brought my mother, easy; it is much harder to lead on that ator, who in those days had the power a 2-year-old infant, from Lithuania and which is difficult. I wish to say to the to stand and filibuster and, by that fili- settled in East St. Louis, IL. They Senator from Massachusetts how much buster or debate, end the possibility of lived an immigrant life, a spartan ex- I appreciated working with him. He has enacting a bill into law. The American istence. They managed to survive. worked hard. I also thank the diligent people responded with outrage. The They managed to prosper and raise a members of our staffs who have given Senate was forced, for the first time in family. And the son of an immigrant night and day to this effort. So I thank its history, to create a way to stop this mother now stands as the 47th Senator Senator KENNEDY for his participation power of one Senator; so they invented in this effort. We have all learned from in the history of the State of Illinois. I the motion known as the cloture mo- one another. I certainly have been on am so proud of that, not for myself but tion, which we had tonight. They said the learning side of the curve from for the fact that it says a lot of good it would take 67, two-thirds of the Sen- things about America and about immi- Senator KYL, who has now gone but ate, to stop one Senator from ending who has been an inspiration to me gration. through the way in which he has han- debate and stopping progress on a bill— This debate evoked a lot of emo- dled this. I wish to simply say there 67 votes. tional responses. I say to my friend It wasn’t until many years later—al- was another quote from Teddy Roo- Senator SALAZAR from Colorado, who is most 50 years—that the Senate amend- sevelt about the man in the arena, but truly one of the most extraordinary ed that and said it would only take 60 I will not go through the quote. Those Senators—he brings his heart to this votes. This came up during the civil of us who are trial lawyers and have debate—when he stands before us on rights debate. It was considered a great tasted the verdict coming back the issues such as the official language of reform during that era, and 60 votes be- wrong way, we understand there are America and tells what it was like to days that don’t go the way you want came the standard for cloture. In other be raised in a family that spoke Span- them to go. This was one of them. But words, three-fifths of the Senate would ish and to be faced with discrimination there is no statute of limitations and have to vote so any single Senator who because of that heritage, it touches my there is no final judgment. tried to stop a bill from progressing heart. We have an opportunity to come would be foreclosed, or closed off with Of course, Senator SALAZAR and his back another day and try again. I hope the cloture motion. That is the rule family are not newcomers to the it will not be long because I think the that applies today, some 40 years later. United States. They were here cen- chances of this matter being brought It is a rule we have lived under, and it turies before my family arrived. I to a satisfactory conclusion are en- is a rule we tried to apply to this de- think 500 years ago, if I am not mis- hanced if we get back at it sooner rath- bate. taken, the Salazar family started com- er than later. The American people ex- It was the belief of many that we had ing into this country, long before any pect us to solve problems. That is why enough votes to pass this bill. There settlers. they sent us here. were some who wanted to extend de- When I listen to Senator SALAZAR I look forward to continuing to work bate with more amendments and more speak on these issues, I listen very with my colleagues on both sides of the amendments, and many of us felt most carefully because I know his voice is so aisle so we can, at some point, do the of these amendments had run their important in this debate. work the American people expect us to course and were repetitive, and the real I listen to Senator BOB MENENDEZ do on this very difficult issue. ambition of those offering amendments from New Jersey, a relative newcomer I yield the floor. was not to improve the bill, or even to the Senate as well, but the man has Mr. DURBIN. Madam President, a challenge the bill, but to stop the bill. made a real mark as a child of immi- number of us stayed on the floor this So we tried, under the Senate rules, grants to this country.

VerDate Aug 31 2005 03:39 Jun 08, 2007 Jkt 059060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G07JN6.099 S07JNPT1 hmoore on PRODPC68 with HMSENATE S7320 CONGRESSIONAL RECORD — SENATE June 7, 2007 Senator MARTINEZ, who spoke a mo- away? That is when I wrote the hats, not only a Senator from the great ment ago, from the Republican side of DREAM Act. I said it isn’t fair. It isn’t State of Florida, but is chairman of the the aisle, is an immigrant to this coun- fair for us to talk about bringing any Republican National Committee— try from Cuba. new people into America until we at chairman of the National Republican America is a better place because of least give these children who should Committee. He has been a true leader these three people and their families. not be faulted for any shortcomings of on this issue. I have come to know MEL We know that. Immigration is why we their parents a chance. and respect him so much. He has told are such a powerful and great Nation. I salute all those involved in writing us in private meetings with Senators Our diversity is our strength. Those the bill we considered, S. 1348, because the story of his life. I understand why who cannot understand that do not un- from the beginning, I was so honored the issue means so much to him per- derstand this country. Those who think that they came to me and said this bill sonally. the nature of America is ‘‘I am up, let’s will not go forward unless the DREAM JOHN MCCAIN. JOHN MCCAIN has been pull up the ladder,’’ have lost sight of Act is included. They worked hard on kicked around for a lot of reasons. He why we are truly unique in this world’s both sides of the aisle—Democrats and can take it. He is tough—a POW for history, why many of the things that Republicans—and the White House to over 5 years, a veteran of war. He has divide other countries do not divide include in this bill the DREAM Act. been through a lot in his life. He stood America, because we have said to peo- I want to make a promise to those up for this bill when people wouldn’t ple: You are welcome in this country as young men and women I still see al- have had the courage to do so. I respect long as you are tolerant—tolerant of most every time I return to my home him for doing that. people of different colored skin, dif- State of Illinois: I won’t quit on you. I On the Democratic side, what can I ferent ethnic background, different ac- promise you I will continue this fight. say about TED KENNEDY? I am sorry he cents, different religions. These are We are going to pass this law. You are has left. Maybe his staff or somebody what make us different. But in that going to get your chance, and you are watching will share my feelings about him. It was 40 years ago I sat right up difference is our strength. Immigration going to make this a better country. I there as a college student. It was 1968. is the reason America is as great as it made you that promise, and I am going I had heard Senator Bobby Kennedy, a is today, and the detractors and critics to keep it. It wasn’t today, but it will Senator from New York, was coming to have forgotten that. be tomorrow. I want to keep that the floor and was going to speak out I listened to Senator REID, Senator promise. The DREAM Act will become against the war in Vietnam. I waited FEINSTEIN, and so many others as they the law of the land. Tens of thousands for a long time until early evening, and talked about this bill. There is one sec- of kids who are going to school now through those doors came Bobby Ken- tion in this bill that is as close to my and are wondering what the future nedy with his brother TEDDY KENNEDY. heart as any other section. It is the could possibly hold, if you are undocu- He walked over and gave a speech on DREAM Act. I decided to introduce the mented and educated in America, those the Vietnam war. I sat up there in awe DREAM Act over 5 years ago. At the kids are going to get a chance. That is of these two great men, Bobby Kennedy time I did, a few members of my staff what this country has always been and TEDDY KENNEDY. I looked down on said: This is a serious mistake, Senator about. them and said: I can’t believe I am see- DURBIN. People will not like it, they I wish to say a word of praise to a ing these giants in American history. I will not understand it, they are going handful of Senators on both sides of never thought I would see the day when to use it against you. the aisle. I would serve with TEDDY KENNEDY. He I disagreed. I believe the DREAM Act On the Republican side of the aisle, and I disagree from time to time; that tells the story of America in its proper there were some true profiles in cour- is expected in the Senate. But I never form. The DREAM Act says if you are age, as Senator REID said. ARLEN SPEC- had but the greatest admiration for his a child who came to America before the TER stepped up and became a real lead- courage and leadership. This is a man age of 16, brought here by parents, and er on this issue. I have disagreed with who struggles each day with a dis- you are undocumented, if you have him in the past, and I have agreed with ability that might stop others but lived in this country for 5 years, if you him. But I have always respected this never stops him, often in pain, often in man. I watched him day to day bat- graduate from high school, if you are discomfort. He comes to the floor every tling cancer, never missing a bell, com- prepared to either serve our country in day. He comes to the committee every ing to the Senate Judiciary Committee the military or to finish 2 years of col- day and fights with all of his heart for lege, we will give you a chance to be an and to the floor of the Senate, keeping what he believes in, and we saw it in American citizen. up a breakneck schedule, running his this immigration battle. Why did I introduce this bill? Be- staff into the ground while he was un- Senator DIANNE FEINSTEIN, who was cause, frankly, in my office in Chicago dergoing chemotherapy on the week- here a few moments ago, is a terrific and Springfield and all across the State ends. He is truly a man dedicated to ally on these issues. She is truly look- of Illinois, most of our work is on im- public service and brings a special tal- ing for bipartisan responses every step migration. I introduced it because I ent to the job. of the way, a practical solution, and met a young woman, a Korean Amer- JON KYL of Arizona. The last time we never gives up. Down in the well as we ican who came here at the age of 2, considered immigration reform, JON voted on the cloture motion, she didn’t whose family did not file the papers, KYL was the harshest critic of immi- give up the hope we might put together who learned much later in life when gration reform. When I heard he was in 60 votes. She walked around begging she thought her star was going to soar on the negotiations, I thought: What is Senators to vote. She is that kind of that she had no country. Her mother this all about? I quickly learned. It was committed person. came to my office and said: What are genuine. He was committed to trying I said a word about Senator SALAZAR, we going to do about this little girl? to find a bill. I didn’t agree with JON and I won’t return to that chapter We never filed papers, Senator. Every- KYL’s approach in many areas, but I re- other than to say he has been a major body in the house with her is a citizen, spect the fact that his commitment part of this debate. A newcomer to the but she is not. What can we do? was genuine and he tried up until the Senate, he has made his presence felt. We went to our agencies of Govern- very last minute to pass this bill. I know he has many years of contribu- ment and said: What can we do for this LINDSEY GRAHAM of South Carolina. I tion to this country and the State of 18-year-old girl who has such a bright watched the rollcall votes for LINDSEY Colorado he represents so well. future, who has been offered a music GRAHAM and thought many times how BOB MENENDEZ I mentioned earlier, scholarship because of her skills on the can he possibly do this? How can he go Cuban background, another newcomer piano? The immigration office said: home, maybe even face a Republican to the Senate. Both he and Senator The answer is obvious: Send her back primary, and have the courage to take SALAZAR on the Democratic side of the to Korea. these votes and cast them the way he aisle are important voices in this de- Send her back to Korea after 16 years has? But he did it over and over again. bate from the Hispanic community. of living in this country? After 16 years MEL MARTINEZ of Florida, I men- And finally, Senator SHELDON of American dreams she was to be sent tioned earlier, from Cuba, wears two WHITEHOUSE, brand new to the Senate,

VerDate Aug 31 2005 05:30 Jun 08, 2007 Jkt 059060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G07JN6.101 S07JNPT1 hmoore on PRODPC68 with HMSENATE June 7, 2007 CONGRESSIONAL RECORD — SENATE S7321 who is gaining in stature every single I suggest that we had a couple of out, and just explain to us what the day, has been an important part of this problems with the bill, and that is why real facts were and how this thing effort. the bill failed. There are a lot of prob- ought to be handled. Those are the 10 who come to my lems with the legislation itself, and But, they are a bunch of politicians— mind who deserve special credit and there are a lot of problems that the good people but still they are politi- praise. American people had with it. cians. They didn’t invite anybody from Let me say in closing, for those who The bottom line is, the American the Border Patrol into their meetings may stand and argue we didn’t give people did not have confidence that we to give them advice as to what is actu- them a chance to debate this bill, I were moving legislation that would ef- ally working on the borders. They think we did. I think we were more fectively accomplish what all these didn’t invite interior agents from Im- than fair. Last year before cloture was great remarks we heard earlier prom- migration and Customs Enforcement to invoked on the last immigration bill, ised it would do. I don’t think there is tell them how to fix the interior immi- the Senate disposed of 30 amendments, any other person in this body who has gration problems. They did have, of 23 rollcall votes. This year the Senate personally prosecuted an immigration course, direct and regular contact with disposed of 42 amendments, not 30, 42 case. But this Senator has. I did that big business. They had direct and reg- amendments, 28 rollcall votes. In the years ago. I am familiar with the proc- ular contact with special advocacy entire consideration of the immigra- ess. I am familiar with the system and groups, who had their list of demands. tion bill last year, the Senate disposed the difficulties, including how over- They were actively seeking out ways to of 44 amendments, only 2 more than we whelmed it has been and why it is not gain the political support of this group have already considered at this point working. The American people were ex- and that group because that is what in the debate. pecting us to fix it. they think legislation is sometimes. I believe we did everything in our In my opinion, after studying the bill But they forgot about the American power to offer even more amendment at great length, analyzing it in detail, people. opportunities. I was here with Senator I don’t believe it would have worked I just want to say that on this bill, REID today when he repeatedly offered any better than the bill in 1986. So I the American people watched this proc- on the floor a chance to bring forward made up my mind last year and I made ess closely. On this bill, the American amendments, let’s debate them, let’s up my mind this year that I was not people kept up with it. On this bill, the vote on them, let’s move forward. And going to support legislation that is not American people were expecting this every time he tried, a Senator from the going to work. I was not going to sup- Congress to pass legislation that would other side of the aisle, the side of the port the 1986 bill. I was not going to significantly and dramatically improve aisle that was begging for amendments, vote for a bill that promises amnesty the colossally broken system we have. stood up and objected. They objected to today and law enforcement in the fu- They didn’t expect them to pass a calling up the very same amendments ture, and the amnesty occurs but the bill that would double illegal immigra- they argued were the obstacle to bring- law enforcement does not. That is the tion. They didn’t expect them to be of- ing this bill to finality. fundamental thing. fering to pass a bill that would, accord- Let me say this: It is very difficult Today, somebody handed me some ing to the Congressional Budget Office and rare to revive and resuscitate a bill polling data that sheds a little light on just a few days ago, only reduce illegal that doesn’t get cloture once we have this weeks events. The article, posted immigration by 25 percent. After all of moved beyond it. I hope this is an ex- on the Rasmussen Reports website is the things they were asking us to ac- ception. To paraphrase what Senator titled ‘‘Support for an immigration bill cept in this bill, we were only going to MARTINEZ and Senator SALAZAR said, falls.’’ A poll conducted Monday and get a 25-percent reduction in illegal im- there are so many people counting on Tuesday night found that 23 percent of migration? The American people didn’t us when it comes to this vote, thou- voters now support the bill, while 50 expect that the deal makers would sands and thousands of young people percent are opposed. Two-to-one op- offer a bill up that would say that after who are begging for this DREAM Act, posed to the bill. President Bush put the National Guard praying it will pass and give them a We have heard people say we need to on the border, somebody who came chance, millions of people living in do something, even if it is the wrong across the border and ran past the Na- shadows, in fear, working hard every something or even if it will not work. tional Guard and got into our country day, loving their families, going to the We have heard the claim that the before January 1 of this year would be church of their choice, trying to be American people just want us to do given amnesty and put on a path to part of their community, and realizing something over and over again. That citizenship in this country. That is not they are just one knock on the door sounds good, I will admit. We certainly principled. away from deportation and the de- do have serious problems with our im- How can we ever assert the rule of struction of their family and their life migration system. law in America if we make a statement as they know it. I cannot imagine liv- The Rasmussen Report says, how- to the world that the border is closed, ing with that shadow over one’s life, ever, that ‘‘in the face of public opposi- we call out the National Guard, and and so many do. We owe it to them to tion, some supporters of the legislation then anybody who runs by there and do something that is honorable in re- have argued that the compromise may gets in, we say: OK, home free, home sponse to this need. And we owe it to not be perfect, but doing something is free, now you are on a path to citizen- our country to repair our broken bor- better than nothing. Voters have a dif- ship. That is not good. ders, to slow this flow of illegal immi- ferent view—a solid plurality believes Last year, the bill said that anybody gration, to make sure there is enforce- it would be better for the country to who got in after January 7, 2004, was ment in the workplace, and to make pass no bill at this time rather than not eligible for amnesty. This year, sure America’s doors are still open for letting the Senate compromise become they moved the qualifying date to Jan- those who bring their dreams to Amer- law.’’ And that is why people’s phones uary 1, 2007. Why? I guess it was a po- ica and make it the great Nation we have been ringing off the hook, because litical deal. I guess they didn’t ask the love so much. we are given a responsibility to deal American people what they thought Madam President, I yield the floor. with an important issue. was moral and just and fair and respon- The PRESIDING OFFICER. The Sen- I love my colleagues. I tease them a sible and compassionate. The deal ator from Alabama. lot. I call the group of them that wrote makers decided that on a political Mr. SESSIONS. Madam President, I this bill the masters of the universe. basis it made sense, I suppose. I am want to say a few words. I heard col- They all met in some secret room told that this is what it was—give here leagues who have spoken. I have lis- somewhere, and they started plotting, and give there and before you know it tened at length to some very eloquent working, and trying to do the right you have a bill. remarks evoking sincere feelings and thing. They met and met and worked I suggested last year that we have a emotions. I certainly respect that. We and worked, and they decided that they legitimate guest worker program, and I all in this body are great advocates. We were going to tell America what we was so happy to hear that promises disagree sometimes. needed. They were going to figure it all were made this year that we would

VerDate Aug 31 2005 03:39 Jun 08, 2007 Jkt 059060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G07JN6.102 S07JNPT1 hmoore on PRODPC68 with HMSENATE S7322 CONGRESSIONAL RECORD — SENATE June 7, 2007 have one that could actually work. I The new bill was introduced after they REMEMBERING SENATOR CRAIG was excited about that. But as I began called up the old bill. Then REID tried THOMAS to examine it I didn’t believe it would to substitute a completely new bill, Mr. SCHUMER. Madam President, it be a practical solution the way it was and then we debated that with not a is with a heavy heart that I rise today written. great deal of time. For example, I had to honor the service and memory of my I emphasized last year that people in 20, 30 amendments filed. I got one friend, Senator Craig Thomas of Wyo- a temporary worker program should amendment up for a vote. I tried to ming. His exemplary service in the not come for 3 years, as last year’s bill bring up a number of other amend- Congress over the past 18 years is a did, with their family, and be able to ments, and every time I have tried to shining example of the good that can extend again and again and then be ex- bring one up, it was objected to. Sen- be accomplished for the public benefit. pected to leave the country sometime ator CORNYN, one of the finest, most A 1955 graduate of the University of in the future. So this bill was better in capable lawyers in the Senate, a former Wyoming, Senator Craig demonstrated that regard, but it still allowed fami- attorney general of Texas and justice considerable leadership early in his lies to come with the person—20 per- on the Texas Supreme Court, got one life; he entered the Marine Corps soon cent—and others to come and visit, amendment up for a vote. Senator after graduation and rose in rank from creating all kinds of possibilities for ELIZABETH DOLE, from North Carolina, private to captain in just 4 years. Fol- overstays in that regard. That is why had an amendment dealing with drunk lowing his service, Senator Thomas re- the Congressional Budget Office pro- drivers—an important amendment. She turned to Wyoming to make a dif- jected a very large increase in visa tried to bring hers up, and it was ob- ference in his native State, serving as overstays as a result of the way this jected to. This afternoon, there was executive vice president of the Wyo- bill was written in that regard. only one amendment pending that ac- ming Farm Bureau and later as general I was very intrigued and excited that tually had been called up and had been manager of the Wyoming Rural Elec- my suggestion last year—that we introduced, filed, and made pending. tric Association. In 1984, Senator model our legislation on the Canadian So we had this discussion about hav- Thomas first entered public service as system—was being considered. The ad- ing some votes this afternoon, and then a State representative, was elected to ministration said they liked this we were told that we were going to re- the House of Representatives in 1989, merit-based system. They liked the vote on cloture tonight. What I want to and finally ascended to the Senate in point system. They thought we ought say to my colleagues and anybody who 1995. It was my honor to work with Sen- to go more in that direction. Canada is listening is that if cloture had been ator Thomas during his Senate career. admits 60 percent of its people through obtained tonight, after a half dozen immigration under a competitive, He was a firm believer in compromise more votes, no other amendments and bipartisanship. This was no more skill-based system because the Cana- would have been pending. dians have learned and have proven, if evident than when he and I introduced So we simply had a little disagree- legislation to protect taxpayer privacy. you talk to them, as I have, that per- ment this afternoon. We said that we sons who come in with any college, We worked together on a broad range wanted to have other amendments of issues from protecting consumers to with a skill, and with a good work his- pending so that if cloture were in- tory—and if they speak English or stopping the proliferation of nuclear voked, we would have amendments weapons to Iran. Senator Thomas and I French, they give extra points for that could be voted on post cloture. In that—very seldom go on welfare, very shared a belief in this body and what it fact, we were working to pare down can achieve. I am very saddened by this seldom take benefits from the govern- over 200 amendments that had been tremendous loss, but the memory of ment, and become properly productive filed, to bring in those amendments to Senator Thomas and his good deeds re- citizens who pay taxes and become under 20 amendments, maybe even mind us all of a long, rich life that good citizens for Canada. lower. That is when the majority lead- should be celebrated, and I respectfully We have, at this time, only a mere 13 er decided to call another cloture vote, request that this statement be entered percent of our people coming in on the and that is the vote that failed, I would into the RECORD. basis of their skills. Today, the over- note, on a bipartisan basis. While 7 Re- Mr. KYL. Madam President, Senator whelming majority come in based on publicans voted for cloture, 12 Demo- Craig Thomas was a wonderful friend chain migration and family connec- crats voted against the majority leader to all of us. He was an accomplished tions. I thought we were going to make and against cloture. Senator, and he was a true cowboy. It a real move toward the Canadian sys- We had not had sufficient time to de- is that spirit that won’t be replaced in tem with this bill. I know Senator KYL the Senate, and it is that spirit that I worked his heart out to try to do that, bate this bill. We had not had sufficient time to have amendments. It will be al- would like to remember today. Craig’s but when the final compromise was record in the Senate will reflect his reached, he couldn’t get a better deal most a thousand pages when put in bill language. That is not a bill that can be significant accomplishments, and I than this, that this merit system would wish to honor the quality of the man really not take effect for 8 years, and passed in a couple of weeks. It needs more debate than that, and it was who achieved them. during the interim period, there would I had a special affinity for Craig. Not be a surge of chain migration numbers never taken to committee. The com- mittee did not hear it, and no amend- only did he and I come to the Senate at for 8 years, perhaps triple the current the same time, we had also served in rate. To me, that was a political com- ments were offered there. It was brought directly to the floor. the House of Representatives together. promise too great. That is something I Craig came to the House in 1989, 2 couldn’t support. So I would just say that I think we years after I did, when he won a special Let me just speak briefly about how do have a responsibility to treat people election to replace our current Vice who come to our country, even those we came to the final vote tonight. I President, DICK CHENEY, who had been think the majority leader, HARRY REID, who come illegally, compassionately, made Secretary of Defense. maybe wanted to get rid of this bill fairly, justly, and according to good We, of course, were also fellow west- from the start. He has now begun to principles. We have a responsibility to erners, and I admired the manner in say it is President Bush’s bill, but it create a legal system that works in which he embodied the values of the was the Senate’s bill. He called it up America. I am afraid this bill didn’t do West: the self-reliance, grit, and quiet without a committee hearing. It is it. That is my problem with the bill. I determination of pioneers that shape Senator REID’s bill, if you want to think that the American people agreed. Americans still today. know the truth. He brought it up under If we come back again, the bill needs to These values were impressed into rule XIV. It didn’t even go to com- be a vastly improved product. I would Craig as he grew up on a ranch near mittee. The majority leader has that be glad to suggest some ways to make Cody, WY. Those values of the Amer- power. He called it up directly to the it better. In fact, I have before, and I ican West, instilled by the rugged land- floor. will again. scape of Wyoming, would serve him Yes, it had bipartisan support, but he Madam President, I thank the Chair, well in the Marine Corps and in the was the one who enabled that to occur. and I yield the floor. Senate.

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