MALDEF Status Report on Senate Debate

June 7, 2007

Pro and Anti-Immigrant Senate Amendments Defeated
MALDEF supports cloture and House action

JUNE 7, 2007 — The Senate worked until early Thursday morning to complete action on the immigration bill. The efforts we and others supported to protect family reunification failed to pass. Notably, however, Senator Menendez’s amendment to keep over 800,000 relatives of U.S. citizens and permanent residents from being kicked out of the legal immigration line had majority support in the Senate (53 votes to 44 against) but, because of a legislative maneuver by Senator Kyl that required a super-majority to pass his amendment.

We are extremely disappointed with the results of the amendments (for details, see below). Today, the Senate will vote to cut off additional debate and move to final passage. The “cloture” vote is an important strategic move that will move Senate action forward and we support it. Based on our conversations with key House members, we believe there are additional opportunities to shape immigration reform. Having the Senate on record in support of the DREAM Act, AgJobs and legalizing individuals who arrived in the United States as late as December 31, 2006 are important steps forward. We do not believe that Senate votes on many additional amendments will improve it.

This morning’s cloture vote requires 60 Senate votes. You can reach your senator at 202-224-3121.

Our partners in the office of New Jersey Senator Robert Menendez have provided the following summary of yesterday’s amendments:

Kennedy #1333 – An alternative to Cornyn Amendment #1184, this amendment creates inadmissibility and deportability grounds for various categories of offenders, including gang members, sex offenders and drunk drivers, so they will not qualify for the legalization program. Agreed to 66-32.

Cornyn #1250 (Mandatory Disclosure) – This amendment eliminates important confidentiality protections for legalization applicants, thus rendering the legalization program ineffective by discouraging eligible undocumented immigrants from coming forward and taking advantage of the program. Agreed to 57-39.

Reid #1331 (EITC) – This is a side by side to Sessions Amendment #1234. It makes clear that nothing in the bill would change the prohibition on illegal aliens gaining access to the Earned Income Tax Credit (EITC). Agreed to 57-40.

Sessions #1234 (EITC) – This amendment prohibits the Earned Income Tax Credit (EITC) for undocumented individuals applying for Z visa status and Y visa holders until they become permanent resident. Agreed to 56-41.

Kyl #1460 (Family Backlog) – This is Republican side by side to the Menendez backlog amendment. Under the amendment, there is no significant decrease in the number of people who played by the rules, filed petitions, and will arbitrarily be excluded. Instead, it merely shifts who gets excluded from the backlog. Agreed to 51-45.

Salazar/Domenici #1384 – This is a bipartisan side by side to Inhofe Amendment #1151. It reaffirms that English is the common language of our country, but does not undermine important existing law that is critical to our nation’s safety, health care, education, and other services. It also ensures we are promoting law enforcement activities that protect our communities and keeps them safe. Agreed to 58-39.

Inhofe #1151 – This amendment declares English as the national language of the Government of the United States. It conflicts with several provisions of federal law that guarantee the right of non-English speaking students to learn English in our public schools. Agreed to 64-33.

Dorgan #1316 – This amendment ends the Y-1 nonimmigrant visa program after a 5 year period. It clarifies that the H-2a visa program would not be subject to this termination, only the Y-1 guest worker visa program. Agreed to 49-48.

Cornyn #1184 – This amendment guts the legalization program by categorizing large numbers of non-criminal undocumented immigrants as criminals subject to deportation instead of legalization. Rejected 46-57.

DeMint Amendment #1197 – By tying participation in a health plan to access to legal status, this amendment would limit the number of people who would qualify for legalization. Rejected 43-55.

Bingaman Amendment #1267 – This amendment removes the requirement that Y-1 nonimmigrant visa holders leave the U.S. before they are able to renew their visa. Rejected 41-57.

Budget Point of Order was raised against Menendez #1194 (Family Backlog) – Unfortunately, a motion to waive the budget act with respect to Menendez amendment was not waived and failed 53-41. (A 2/3 majority was needed.)

Clinton/Hagel/Menendez #1183, as further modified – A Budget Point of Order was raised against this one. It reclassifies the spouses and minor children of LPRs as ‘immediate relatives’ thus exempting them from visa caps. The provision builds off of Senator Clinton’s V Visa amendment from last year, which offered a temporary solution to this same problem. The motion to waive the Budget Act was rejected 44-53.

Ensign #1374 – This amendment ups the weight placed on education and skills but eliminates the family credits and the supplemental points for Z visas schedule, including the points for agricultural workers. It keeps homeownership (sole) and medical insurance categories that were previously in the supplemental schedule for Z visas. Rejected 42-55.

Vitter #1339 – This amendment requires that the U.S. VISIT system – the biometric border check-in/check-out system first required by Congress in 1996 that is already well past its already postponed 2005 implementation due date – be finished as part of the enforcement trigger. Rejected 48-49.

Obama #1202, as modified – This amendment would end the new point system in the immigration bill in five years. It was modified to ensure that allocation of visas for backlog reduction purposes was not rewritten and to ensure that there were the same number of visas left for backlog reduction. Rejected 42-55.

Lieberman #1191 (Asylum Procedures) – This amendment implements the recommendations of the U.S. Commission on International Religious Freedom regarding the treatment of asylum-seekers in the United States. The USCIRF recommended common-sense policies that would enhance asylum-seekers’ access to counsel and other legal rights. Agreed to by voice vote.

Thomas #1182 – This amendment establishes new units of Customs Patrol Officers (commonly known as “Shadow Wolves”) during the 5-year period beginning on date of enactment. The units would operate on Indian reservation or borders with Canada and Mexico and investigate, prevent the entry of terrorists, other unlawful, instruments of terrorism, narcotics and other contraband. Agreed to by voice vote.

Schumer #1272 – This amendment improves security by providing for the establishment of B-1 visitor visa decision making guidelines and a tracking system. Agreed to by voice vote.

Hutchison #1415 – This amendment prohibits obtaining social security benefits based on earnings obtained during any period without work authorization. Agreed to by voice vote.

Founded in 1968, MALDEF, the nation’s leading Latino legal organization, promotes and protects the rights of Latinos through litigation, advocacy, community education and outreach, leadership development, and higher education scholarships.