Thread: Senate: Resumes 6:35am Pacific

[Transcriber note - Preface: let me add a list of common abbreviations to help make this a bit more readable:

IA or IAs : Illegal Aliens
DRO: Detention & Removal Office
DHS: Dept. Homeland Sec.
LE: Law Enforcement
GW: Guest Worker
TW: Temp Worker

=========================


Just convened.

Senate resumes consideration of s1348.


Salazar (D-CO) Speaking...

Commends Reid for 'holding people's feet to the fire'.

Mentions upcoming amendments to be considered..


Cornyn Speaking...

S1250 proposed by Cornyn for consideration...

Outlines week's coverage of bill.

Limit on time sends a 'bad signal on where this bill is headed'.

I'm worried about slow progress on these amendments, will produce a 'train wreck' when we meet after the recess - progress has impeded important amendments.

Bill was crafted behind closed doors. This bill is better than last years.

For context: need for a robust debate in the open - looking back to Jud Comm last year filed were 62 amendments for S2611.

That process has been by-passed this year.

So far, there have been 107 amendments filed for current bill.
Only 7 votes have been done so far on this year's bill.

Progress is slow, but need continued robust debate.

"Secret" creation of bill - need final legislative text to be examined in detail.

My hope is that we can examine amendments and offer new ones in detail.

Last bill Hagel-Martinez : had 30 roll call votes.

Concerned that we will not work through process in time.

Senators have gotten more phone calls, emails, than anything that has come before this senate.

We need to make sure that all 300 mil americans views are considered - not just high-priced lobbyists, etc are considered.

We need not cut-off the input and review of the american public is not limited.

Asks for full bill (S134 to be referred for a vote immediately!!!
[Yikes! - What are you doing Cornyn?]

[UPDATE/Correction: He inadvertently referred to a different bill (number was supposed to be S1238 - I believe he said]

A full vote now might kill it.

Dixie

I think Cornyn may be calling people out. He says they need to listen to the American citizens but is call for a vote on the bill as it is to see who will vote for it without listening to us.

Cornyn - Salazar having back-forth about Cornyn's Amendment...

Cornyn not party of agreement to # of amendments

First week of 2, and have not made much progress.

No votes are scheduled today (on amendments) - are talking about the most important issue facing our country today.

We can all see what is going on here, it is disconcerting that things are not proceeding...

If I offer other amendments, ...

[Other - I missed it]

S1247 State Impact Asst. Fees.
Most of the burden [of IAs] fall on local taxpayers... Local agencies suffer unfunded mandates.

We need to 'get moving' here. We need to have more votes and less time off.

Let me return to my amendment: S1250:

Would prevent rewarding those that have absconded (deported/ordered deported - felonies)

Colleagues are working on competing amendment similarly.

Major flaw in bill - will repeat mistake in 1986.

US people don't expect too much of us. But do expect us not to repeat past mistakes.

(Recalls definition of insanity)

Would be terrible mistake without problem fixed. Under bill, anyone in violation can come forward and apply for status under bill.

Z visa applicant - bill as written will prohibit ICE from enforcement.

1986 created largest immigration fraud in history of US.

Head of INS - statutory provisions for sharing of information facilitated largescale fraud.

Such privacy concerns are not extended to other classes of individuals.
(asylum seekers as an example).

Proponents would say that confid. provisions are needed - that otherwise, people wouldn't come forward.

Why should such privacy be held so high in handling an application?

Bill does not go far enough in enforcing imm. laws and handling frivolous application..

Handling of absconders - those ignored for not leaving US as ordered.
Drafters have chosen to protect this class of people.

100,000s of immigrants come to US/yr. 700,000 have absconded.

Has added another category to ensure that criminal aliens will not receive amnesty.

This bill will allow people to 'slip back into the shadows'.
What happens if applicant if denied Z visa?

"Well, they should go home" vs. "Arrested and sent home"

But provisions in bill, prohibit LE from pursuing those not eligible to be sought and arrested and removed.

"Designed for failure" - unless the amendment is accepted.

This bill would enable criminals / absconders to remain to cause us harm.

Prohibitions on info sharing - 1986 (refers to NYT article of 1989)

Confidentiality provisions - problems - under this bill, any 3rd party can sign affidavit attesting to presence in order to qualify for benefits under this bill !!! Invites massive future fraud potential.

My amendment allows investigation and prosecution of potential fraud events.

We know criminals and terrorists have abused and will continue to abuse, our imm system to do us harm.

[Summarizes amendment concept ]

Sessions-Cornyn back-forth

Sessions speaking now...

Complimenting Cornyn about history, asking about reason for no vote on amendment's he has offered (Cornyn)

[Party bickering, folks - "Why won't the other party allow my amendment come to a vote"?]

Cornyn speaking...

He is ranting a little about confidentiality provisions continued in bill as proposed. Will tie hands of LE to find and address fraud.

People are so upset about this issue - they see lawlessness, we have broken borders, etc. we understand that.

Why would we want to leave these flaws in the bill to find and address fraud and criminality?

Yields to Sessions....


Sessions speaks...

Address chair: Do they really intend to leave this provision in bill?

Refers to Title 18, Section 1001 - Fed. Violation - I have prosecuted it myself many times...

Did the author's of bill really intend to leave this provision in bill?


Cornyn Speaks...

I don't know why?

Refers to Swift packing plant raid - Sen Allard - mentions BPP [?] program
to verify eligibility of prospective employees. Mentions misuse / lack of ability to root out fraud - certain types. That is flaw I seek to correct.

Wants to know why his amendment has not been called up[?]

Pace of progress is not facilitating efficient / complete process


Salazar Speaks...

Wants to respond to issue about pace of bill progress.. It's a case of nat'l security. Last year we deliberated CIR, in the last few months "we" have come up with current bill.

So I would say there is an ample opportunity for us to come up with and address CIR. [Lists recent history of amendments proposed/voted]

Leader Reid has extended delibs another week. This leg. was not just pulled out of the 'darkness' and was crafted with sig. input from D/R senators and Sec. Chertoff.

I would remind colleagues and those watching, that what relates to our broken borders, we need to make sure our laws about immigration are enforced, we need to have capacity to do inter. enforcement, and have "realistic" solution to deal with 12 mil undoc people here in the US - as opposed to complete deportation of them.

Asks for pending amendments to be set aside. Asks to have Clinton amendment to be considered. Asks for that to be set aside.

Asks for Obama amendment to be considered...

Yields floor...


Cornyn speaks...

Has text of bill 783 pages - which is substitute. Hasn't had final text until Tues.

Not everybody has had access to same information (need final bill).

It's very detailed and complicated bill, we need more time to go through bill in detail. Nobody wants this to destruct, we want ability to offer amendmends, study the issues, to do a good conscientious job on reviewing the most important task facing the people. today.

Yields...


Allard has floor...

[Transcriber break - ETA 20-30 minutes]

[Transcriber picking up 7:48am PT]

Sessions speaking...

"This is not good legislation. This bill should not become law."

The normal process by which a bill becomes has been completely obscured here. A bill created this way should not be passed.


McCain speaking...

Thanking colleagues...

Imm reform is long overdue. I'm proud to support this overhaul.

The senate has invested much time in this bill. Pres has been involved in this bill as well.

The proponents have been involved to fix some serious problems with our imm system.

Those of us from border states witness every day the effects of IA.

This is not only a border state problem, but a nat'l problem.

Current system doesn't protect us.
It doesn't serve needs of our economy.
It is a matter of life-death.

12 million people living in shadows. Most are good, but some are here to do us harm.

We need new policies to help find those wishing to do harm.

Last year's bill never even got to conference. This year, we realized we needed a new approach.

Priorities - Border Security & Enforcement. DHS has resources to do job.
(outlines infrastructure to do job...)

This bill requires mandates enforcement/security benchmarks (triggers) to avoid mistakes of past. BP agents, vehicle barriers, 370 miles fence, camera towers, 4 UAVs, etc. end of catch-release, more detention beds, secure ID tools, prevent unauthorized workers, etc.

Every one must be in place before any more GW's enter the US. I think this is a sig. improvement.

Interior enforcement - no more hiring of IAs. No more de facto 'amnesty'.

I-9 based filing system to go away, needs to be computerized w/real-time access.

Worksite enforcement required to prohibit hiring of undoc workers.

We need method to hire legal GWs - example of produce not being picked, etc. {Relating SOB stories by businesses..} Demand for services / products continues...

Separate economic immigrants vs. security risks.
Best security we have would be to have a legal temp worker program.

Refers to David Brooks article - (reads)

(Summarizes)

Yields...

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To eveybody out there hanging in the backround yes you!! we invite you to...
contribute and let your voices be heard, Its time to get involved, calls, faxes, and e-mails, post at the link below to let everyone know what you are hearing, it helps our leaders to make decisions on what steps to take next. Lets let congress know what real Americans Want!!

http://www.alipac.us/modules.php?name=F ... c&p=363412

Check out Operation Bring it Home also and get your home towns involved!!

http://www.alipac.us/modules.php?name=F ... ic&t=63288

If anyone can't find information for contacting senators or not sure what to do, just ask, someone will help you, We have lots 0f nice people just waiting to help you!!
_________________

Sessions is on right now telling it like it is! He is listening to his phone callers!

Salazar speaks...

(Complimenting McCain...{Sob})

Yields...


Sen Sessions speaks..

Failed imm policies we have now, are in need of reform - comp. reform.

I said border sec. first last year, if we would have done that a year or two ago, then we probably would have built some confidence and credibility on the issue before going ahead...

To Chertoff: 'calling for mass deportations by some...'

Tells "Mike" - that no one is calling for mass deportations.
That is not correct.

All of us want a compassionate legitimate piece of leg. that will work.

I am not feeling confident at all that there will be a full vigorous debate about the progress of this bill. I say it because I see the tactics as we are moving along. It's not enough time for a bill of this complexity.
We spent more time on the bankruptcy bill.

No of those other bills comes close to having such an impact on the American people. The reason the American people are so upset about is, CONGRESS AND THE PRESIDENT!
'
For failing to listen to the people - they 'don't want to be taken to the cleaners' once again.

Lawful imm system needed - and US public will support it. But needs to not take US jobs from workers, encourage English,

Our understanding this year of the problem is so much better than last year.

I'm disappointed by our lack to support merit-based changes.

Those who thought they could flop the bill on the floor of the senate could just provide this to us and for us to just approve it, [sarcastically mocking the crafters of the bill] - changing 'core' part of the bill is not considered OK by elite members who crafted bill.

Bill made by elite/senior members in secret.

Unbelievable, that this bill would not even go to committee?
We were promised the bill friday, then turned out to be saturday. Then they tried to say it was friday. They claim 300+ pages, but they didn't print it in 'normal' language. It's fine print. If put in bill language, it would probably be 1000+ pages. A good bill needs to be 1000 pages - due to complexity of problem.

I don't appreciate that - USCoC, special interest group here, pollsters, etc. invited to help craft the bill.

In retrospect, Sen Specter said it would have been better for bill to have gone through committee


(Describes dropping of various bills during process last year...)


This year's bill is better than last years. Last year's bill should have never ever become law.

What do we need:

Lawful sys
No amnesty
Trigger mechanism
etc.

I agree with those.

But, as we've read fine print, - my fine staff have read the bill, working OT to do so - my fund. concern does not live up to stated principles it contains.

Needed:

Need to recognize we are a nation of immigrants. We really are.
We want and need to have a flow of immigrants into our nation.
Immigration will continue in the future., etc.
Must be done in a way that minimizes damage to system.

Example of LE - de facto immunity in enforcing laws, makes LE difficult even impossible later.

Sen Grassley - asked: he was here in 1986, when they promised no amnesty. He was not going to be a part of 1986 like leg.

In 1986 they said 'we're not ever going to have amnesty again'.
You won't hear them say that line now - because on what basis will we have when we revisit the issue in 10-12 years later? Same questions asked... How can you enforce the law now / then?


Once again, taking easy amnesty step will make it almost impossible in the future to ever enforce the law again. Re 1986: 'one time amnesty' - if you do that, then you'll never have to do it again. Read the debate and see whose predictions were correct.

I think Z visa-to stay illegally is not good provision. Allows every single benefit that people that come legally receive. Giving up on this principle is a big problem. If we listen to the American people, that the principles of 1986 will be affirmed. But, not every benefit of c-ship - 'we will never, ever again' if said, will be a problem.

I'd like to talk about the loopholes.. not exhaustive list.
Sen Allard, Cornyn have talked about others, there are many more...
It's troubling we won't have chance to amend the bill.

(Talks about bill processing path - what if it made it to House...?)
Bill might pass...Pres Bush said 'He'd sign a pork chop if it had imm reform on it'.

We have to be careful about what we do here. ..The house is likely to make it worse.

...

A trigger in this bill, McCain - 'you can't have a trigger; you'll have to accept our bill.


Did you have public hearings? Did LaRaza get to put in their opinions? Did CoC get to put in their opinions? This is not an open process.

It's too big, too broad - it's too important.


Trigger: I offered it in Jud Comm last year. Let's add BP - they accpeted.
More bed space to end C-Release - they accpepted.

Why this? Added amend to make law enforceable - and got voted down.

Braintrust that was supporting bill and knew in 1986 - they had no intention of providing ability nor funds to do enforcement.

It means nothing - I offered a trigger; I figured out what was going on and offered an amendment. Sen Isakson, brought to floor and had a debate.
Upset delicate compromise of crafters of bill.
Voted down trigger - never wanted it, never intended to do the things to actually provide real border enforcement, security,etc.

This year: 'we got the message, we got the trigger'. This time, we won't mislead the US people, we'll have a trigger - relax Sessions, it wont be 1986-this trigger doesn't get us there. Only applies to GWs - not other programs. All other programs take effect immediately. If trigger never met, then probationary status never expire. DHS has 180 days to consider apps....(outlines process...).

So, what happens if trigger is never met? Will amnesty period end or expire? Z Visa prob. status NEVER ENDS. My staff asked about this to people promoting the bill - and we told : 'well, no because the triggers will be met....'- in fact, it will never expire.

Additionally, enforcement of Titles I and II, dozens of things not listed in trigger - will they ever be funded? There is no obligation that these ever get funded in future. Bill acknoledges it in several places.

Use of phrase: 'Subject to the availability of appropriations" used 18 times.

"authorized to be appropriated" used 20 times.