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Amendments Offered to Spector Bill

By immigrationprof

Amendments Filed to the Chairman’s Mark

Last Updated: Monday, March 6, 2006  —  11:30 pm

The rules of the Senate Judiciary Committee require first degree amendments to legislation to be filed with the Committee by 5:00 pm on the night before the markup.  And so, while more than 50 amendments to the bill were filed prior to last week’s markup, it is possible that more will be filed between the time of this writing and the convening of this week’s markup.

The Committee will consider amendments to the bill by title.  Accordingly, since more than 30 amendments to titles I and II of the Chairman’s mark had been filed at the time of this writing, it is widely anticipated that the Committee will only deal with amendments to Titles I and II during this week’s markup sessions.

The following lists the amendments that were filed prior to last week’s markup:

·         Amendments to Title I

  1. Hatch North American Security Amendment (Hatch #2).  Senator Orrin Hatch (R-UT) filed an amendment to allow broader interagency consultation in producing the report in section 113 of the bill on improving the exchange of information on North American security.

  1. Durbin Border Security Evaluation Exercise Amendment.  Senator Dick Durbin (D-IL) filed an amendment that would require the Secretary of Homeland Security to design and carry out a national border security exercise that involves officials from Federal, State, territorial, local, tribal, and international governments and representatives from the private sector.

  1. Sessions Fence Amendment.  Senator Jeff Sessions (R-AL) filed an amendment that would require the construction of a 2-layered fence and other security improvements along the U.S. border from the Pacific Ocean to the Gulf of Mexico.

  1. Northern Border Fence Feasibility Study.  Senator Patrick Leahy (D-VT) filed an amendment that would strike sections 129(b) and 129(C)(2) from the Chairman’s Mark.  Those sections would require the study of the feasibility of constructing a northern border barrier.

  1. Grassley US-VISIT Amendment.  Senator Charles Grassley (R-IA) filed an amendment that would strike section 124 of the Chairman’s Mark, which would require DHS to submit a timeline for equipping all land borders with the US-VISIT entry/exit system, developing and deploying the exit component of the US-VISIT system at all land borders, and making all border screening systems operated by the Department interoperable.

  1. Kennedy Civil Rights Training Amendment.  Senator Edward M. Kennedy (D-MA) filed an amendment that would amend section 123 of the Chairman’s Mark to require an evaluation of civil rights and human rights training provided to DHS officers.

  1. Kennedy Independent Review Commission of Border Personnel Amendment.  Senator Edward M. Kennedy (D-MA) filed an amendment that would amend section 101 of the Chairman’s Mark to establish an Independent Review Commission to oversee the activities of federal agencies at the border, require a study of the impact that the current number of CBP agents has had on the civil and human rights of residents along the U.S. border, and authorize funds for DHS’ Office of Inspector General to investigate and analyze complaints of misconduct leveled against CBP officials by border residents.

  1. Kennedy Environmental Impact of Border Infrastructure Amendment.  Senator Edward M. Kennedy (D-MA) filed an amendment that would amend section 103 of the Chairman’s Mark to authorize the Secretary of Homeland Security to conduct a study of the environmental impact current infrastructure has had on sensitive environmental areas.

  1. Kennedy Additional Ports of Entry Amendment.  Senator Edward M. Kennedy (D-MA) filed an amendment that would amend section 105 of the Chairman’s Mark that would require the Secretary of Homeland Security to estimate economic impacts of border wait times in the U.S.-Mexico border region, as well as to promote collaborative efforts among local, state, federal inspection agencies.

  1. Kennedy National Strategy for Border Security Amendment.  Senator Edward M. Kennedy (D-MA) filed an amendment that would amend section 112 of the Chairman’s Mark to add several new requirements to the “national strategy for border security” that section 112 would require the Secretary to develop.  The new requirements seek to protect the rights of vulnerable populations as well as protect the civil rights of persons encountered along the U.S. border.

·         Amendments to Title II

  1. Kennedy Amendment to Strike Provision Relating to the Removal and Denial of Benefits to Terrorist Aliens.  Senator Edward M. Kennedy (D-MA) has filed a amendment to strike section 201 from the Chairman’s Mark.  Section 201 would amend the INA to deny various immigration benefits, including asylum, cancellation of removal, voluntary departure, withholding of removal, and registry to various classes of non-citizens whom the Attorney General suspects of having engaged in “terrorist activity” or falling within other security-related grounds, and would make these amendments retroactive to acts or conditions occurring or existing before enactment of these amendments.

  1. Kennedy Amendment to Strike Provision Relating to the Detention and Removal of Aliens Ordered Removed.  Senator Edward M. Kennedy (D-MA) has filed an amendment that would strike section 202 of the Chairman’s Mark.  Section 202 would modify the detention and removal procedures of the Department of Homeland Security (“DHS”) after a final removal order has been entered.

  1. Kennedy Amendment to Strike Provision Making it More Difficult for Persons to Naturalize.  Senator Edward M. Kennedy filed an amendment that would strike section 204 of the Chairman’s Mark, which would create new hurdles for persons seeking to naturalize.

  1. Hatch Interior Trafficking Amendment (Hatch #3).  Senator Orrin Hatch (R-UT) filed an amendment that would establish an American Local and Interior Enforcement Needs (ALIEN) Task Force to identify and counter the use of national, state, and local transportation infrastructure to further the trafficking of unlawful aliens within the United States.

  1. Hatch State and Local Enforcement of Immigration Laws Amendment (Hatch #6).  Senator Orrin Hatch (R-UT) filed an amendment that would establish a grant program for state and local law enforcement agencies entering into a memorandum of understanding with the Federal government, a portion of which would be specifically dedicated to interior enforcement efforts.

  1. Brownback J-1 Visa Amendment.  Senator Sam Brownback (R-KS) filed an amendment that would eliminate the impending June 1, 2006, sunset of a provision of law first established in 1994 that allows foreign nationals who complete their medical training in the United States to stay in the United States if they agree to work as physicians in specified rural and urban areas.

  1. Cornyn/Kyl Denial of Visas to Countries That Deny or Delay Accepting Deportees Amendment.  Senator John Cornyn (R-AZ) filed an amendment to authorize the Secretary of Homeland Security to deny a visa to any alien from a country that has denied or unreasonably delayed the acceptance of a citizen, subject, national, or resident of that country who has been ordered removed from the United States.

  1. Cornyn/Kyl State and Local Enforcement of Federal Immigration Laws Amendment.  Senator John Cornyn (R-TX) filed an amendment that would provide for the reimbursement of States and local governments for training and equipment costs relating to the enforcement of Federal immigration laws.

  1. Coburn Gang Amendment.  Senator Tom Coburn (R-OK) filed an amendment that would strike section 205 of the Chairman’s Mark relative to the inadmissibility of certain aliens who participate in street gangs, and substitute a provision that would deal with gang members more harshly, including making them inadmissible without providing the Secretary with waiver authority, permitting the Secretary to designate groups as gangs, and requiring the mandatory detention of gang members.

  1. Kennedy Gang Amendment.  Senator Edward M. Kennedy (D-MA) filed an amendment that would strike section 205 of the Chairman’s Mark.  Section 205 would increase penalties relating to alleged gang membership and association, failure to depart after removal, and alien smuggling, and would also make changes to rules for Temporary Protected Status.

  1. Durbin Aggravated Felony for Smuggling Amendment.  Senator Dick Durbin (D-IL) filed an amendment that would ensure that smuggling offenses be treated as an aggravated felony only if the alien’s term of imprisonment is at least one year.

  1. Durbin Timeline for Background Checks Amendment.  Senator Dick Durbin (D-IL) filed an amendment that would add a new provision to section 216 of the Chairman’s Mark requiring that background and security checks on persons seeking immigration benefits be completed within 60 days

  1. Durbin Anti Indefinite Detention Amendment.  Senator Dick Durbin (D-IL) would strike section 202(a)(1)(F) of the Chairman’s Mark, which would permit the Secretary of Homeland Security to indefinitely detain certain aliens.

  1. Sessions CLEAR Act Amendment.  Senator Jeff Sessions (R-AL) filed an amendment that is based on S. 1362, the “Clear Law Enforcement for Criminal Alien Removal Act”, also known as the CLEAR Act.  Like S. 1362, the amendment would provide explicit legal authority to state and local police officers to enforce federal civil immigration laws.  The amendment, further, would encourage police participation by awarding them assets seized from undocumented immigrants, permitting them to seek funds from the federal government for failure to pick up undocumented immigrants and granting them limited immunity from lawsuits.  In addition, the amendment would mandate the entry of civil immigration information into the National Crime Information Center (NCIC) database, which is a database of wanted persons maintained by the Federal Bureau of Information for local law enforcement use.  It also would increase penalties for immigration status violations. 

  1. Cornyn Denial of SCAAP Reimbursements for Non-Cooperation with Immigration Authorities Amendment.  Senator John Cornyn (R-TX) filed an amendment that would deny reimbursements under the SCAAP program if a State or local government has a policy that restricts the flow of immigration-related information with the Department of Homeland Security.

  1. Grassley Drunk Driver Amendment.  Senator Charles Grassley (R-IA) filed an amendment that would make an alien who is convicted of a third drunk driving offense an aggravated felon and, thus, subject to mandatory detention, removable, and ineligible for most immigration benefits.

  1. Kennedy Unlawful Presence Amendment.  Senator Edward M. Kennedy (D-MA) would strike section 206 from the Chairman’s Mark.  Section 206 would make presence in the United States, knowing that such presence violates the terms and conditions of any admission, parole, immigration status, or authorized stay, a crime punishable by a fine or imprisonment of up to 6 months, or both.  A second or subsequent violation of that offense or of unlawful entry, or following an order of voluntary departure, would be punishable by a fine or imprisonment of up to two years, or both.  The penalty for this offense and for unlawful entry would be further increased to (1) up to 10 years imprisonment if the violation occurred after conviction for 3 or more misdemeanors or a felony; (2) up to 15 years imprisonment if after conviction for a felony for which the sentence imposed was 30 months or more; (3) up to 20 years imprisonment if after conviction for a felony for which the sentence imposed was 60 months or more.  The prior convictions would be elements of the crime that must be pled and proven beyond a reasonable doubt or admitted by the defendant.

  1. Kennedy Passport Fraud Amendment.  Senator Edward M. Kennedy (D-MA) has filed an amendment that would strike section 208 of the Chairman’s Mark.  Section 208 would amend 18 U.S.C., Chapter 75 to include a host of new passport, document-related, and marriage fraud offenses and, in some instances, would reduce the level of intent required (which, by extension, expands the number of people who can be prosecuted).

  1. Kennedy Inadmissibility for Passport and Immigration Fraud Amendment.  Senator Edward M. Kennedy (D-MA) filed an amendment that would strike section 209 of the Chairman’s Mark.  Section 209 would amend the INA inadmissibility and removal grounds to add convictions or admissions of conduct relating to passport, visa, and immigration fraud.  (as added by Section 208(a)), and Section 209(c) would make these changes applicable in any pending or future proceedings regardless of whether the conduct at issue occurred before the enactment of these amendments.

  1. Kennedy Passport Fraud as Aggravated Felony Amendment.  Senator Edward M. Kennedy (D-MA) filed an amendment that would strike section 221of the Chairman’s Mark.  Section 221 would amend the INA definition of “aggravated felony” to add any passport, visa, and immigration fraud offense listed in chapter 75 of the federal criminal code, and would remove the exemption in certain cases for a first offense that the person committed to help a spouse, child, or parent enter or remain in the country.

  1. Kennedy Amendment on Deterring Aliens Ordered Removed from Remaining in the United States Unlawfully.  Senator Edward M. Kennedy (D-MA) filed an amendment that would strike section 212 of the Chairman’s Mark.  Section 212 would amend the INA to bar non-citizens who are subject to a final removal order, and who willfully fail or refuse to depart from the United States, or to make timely application for travel documents necessary for departure, from eligibility for any discretionary relief from removal during the time the non-citizen remains in the United States and for a period of 10 years after the non-citizen’s departure from the United States.  The only exceptions would be for a non-citizen who has filed a timely motion to reopen under INA 240(c)(6), or who has filed a motion to reopen to seek withholding of  removal under INA 241(b)(3) or protection against torture but only if the non-citizen presents proof of changed country conditions arising after the date of the final removal order.

·         Amendments to Title III

  1. Sessions Information Sharing Amendment.  Senator Jeff Sessions (R-AL) has filed an amendment that would facilitate the sharing of immigration and social security information between the Department of Homeland Security and the Social Security Administration.

·         Amendments to Title IV

  1. Hatch Private Issuance of Guest Worker Visas Amendment (Hatch #7).  Senator Orrin Hatch (R-UT) filed an amendment that would require a study on licensing private employment agencies to issue guest worker visas.

  1. Brownback S Visa Amendment.  Senator Sam Brownback (R-KS) filed an amendment that would expand the “S” nonimmigrant visa to include aliens who are in possession of critical reliable information with respect to weapons of mass destruction and to modify reporting requirements, increase the maximum number of allowable “S” visas from 250 per year to 1,000 per year, and modify the Secretary of Homeland Security’s reporting requirements regarding the admission of aliens under the “S” visa.

·         Title V

No Amendments to Title V were filed

·         Amendments to Title VI

  1. Cornyn/Kyl Supplemental Fee for Conditional Work Authorization Amendment.  Senator John Cornyn (R-TX) filed an amendment that would require aliens seeking conditional nonimmigrant work authorization and status under section 601 of the Chairman’s Mark to pay a supplemental application fee, which would be used to provide financial assistance to States for health and education al services to aliens granted the status.  The amendment, further, would require the alien, rather than the employer, to pay the $500 fee for entry into the conditional nonimmigrant program.

·         Amendments to Title VII

  1. Cornyn/Kyl Assistant Attorney General for Immigration Enforcement Amendment.  Senator John Cornyn (R-TX) filed an amendment that would establish the position of Assistant Attorney General for Immigration Enforcement within the Department of Justice to coordinate and prioritize immigration litigation and enforcement in the Federal courts.

  1. Cornyn/Kyl Fairness in Immigration Litigation Amendment.  Senator John Cornyn (R-TX) filed an amendment that would add a new subtitle C to Title VII of the Chairman’s Mark.  The new subtitle, which would be titled, the “Fairness in Immigration Litigation Act of 2006”, would limit class action civil actions pertaining to the administration or enforcement of the immigration laws of the United States; limit the ability of the courts to provide relief in civil actions pertaining to the administration or enforcement of the immigration laws of the United States; restrict the ability of the courts to grant an order granting prospective relief if the order affects or impacts any determination relating to expedited removal; preclude and nullify certain consent decrees.

·         Amendments to Title VIII

No amendment to Title VIII was filed.

·         Amendments Impacting Multiple Titles

  1. Hath #1.  Senator Orrin Hatch filed an amendment that would increase penalties throughout the bill.  The amendment would touch titles II, III, IV and VI.

·         Amendments Not Designated for a Specific Title

  1. Cornyn Sex Offenders Petitioner Amendment.  Senator John Cornyn (R-TX) filed an amendment that would prohibit U.S. citizens or LPRs who have been convicted of certain sex offenses from petitioning for relatives to join them in the United States.

  1. Birthright Citizenship Amendment.  Senator Tom Coburn (R-OK) filed an amendment that would deny birthright citizenship for certain children who were born in the United States.  Under the Coburn amendment, birthright citizenship would be denied for children born in wedlock unless at least one of the parents is a citizen of the United States, a national of the United States, or an LPR who maintains his or her residence.  For children who are born out of wedlock, the amendment would deny birthright citizenship unless the mother is a citizen of the United States, a national of the United States, or an LPR who maintains her residence here.

  1. Coburn Expedited Removal Amendment.  Senator Tom Coburn (R-OK) filed an amendment that would expand the mandatory use of expedited removal to all aliens (other than Mexicans, Canadians, and Cubans) who are encountered within 100 miles of a U.S. land border and who have been in the United States for fewer than 14 days.

  1. Graham Enhanced penalties for Slavery Amendment.  Senator Lindsay Graham (R-SC) would increase penalties for slavery.

  1. Sessions Inspection Evasion Amendment.  Senator Jeff Sessions (R-AL) filed an amendment that would impose penalties of up to five years imprisonment, in some cases, and up to ten years imprisonment in other cases, on those who evade inspection or, violate arrival, reporting, entry, or clearance requirements.

  1. Kyl Detention Beds Amendment.  Senator Jon Kyl (R-AZ) has filed an amendment that would amend section 5204 of the Intelligence Reform and Terrorism Protection Act of 2004 by increasing the number of detention beds that must be added each year between fiscal year 2006 through 2010 from 8,000 per year to 10,000.  The amendment also would authorize such funds as may be necessary to carry out the increase from fiscal years 2006 through 2010.

  1. Kyl Transportation and Processing of Illegal Aliens Apprehended by State and Local Governments Amendment.  Senator Jon Kyl (R-AZ) has filed an amendment that would require the Secretary of Homeland Security to provide sufficient transportation and officers to take illegal aliens apprehended by state and local law enforcement officers into custody for processing a DHS detention facility.  The amendment also would authorize such sums as may be necessary to carry out the mandate.

  1. Sessions Tax Loophole Amendment.  Senator Jeff Sessions (R-AL) filed an amendment that he contends would close tax loopholes currently available to businesses that employ illegal aliens.

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