NEXT STEPS: (JUNE 30, 2006) House Republicans announced on June 22 that they will hold hearings on the Senate-passed bill (S. 2611) before reconciling differences between the two chambers’ bills in a conference committee with the Senate. The goal, in part, is to highlight provisions of S. 2611 that a majority of House Republicans find unacceptable. The hearings will be held in July and August in various cities around the country. The call for hearings will delay action on a bill until at least September. Congress also could put off action until after the election in a lame duck session.

Rep. Ed Royce (R-CA), the Chairman of the International Relations Terrorism Subcommittee, will hold hearings on border vulnerabilities on July 5 in San Diego, California and on July 7 in Laredo, Texas. Education and the Workforce Committee Chairman Howard McKeon (R-CA) will hold hearings in mid-July on how workplace immigration enforcement affects U.S. workers and on making English the official language of the United States. Armed Services Committee Chairman Duncan Hunter (R-CA) will hold hearings in Yuma, Arizona in mid-August to hear the perspectives of Border Patrol agents and the National Guard. Government Reform Committee Chairman Tom Davis (R-VA) will hold a hearing during the week of August 14 in Arizona on the costs of illegal immigration to state and local governments. Hearings also will be scheduled by Judiciary Committee Chairman Jim Sensenbrenner (R-WI), Homeland Security Committee Chairman Peter King (R-NY), and Administration Committee Chairman Vernon Ehlers (R-MI).

In a provocative move, Senate Judiciary Committee Chairman Arlen Specter (R-PA) called for additional Senate-based hearings beginning on July 5 in Philadelphia to look at the need for more foreign “guestworkers.” However, a Capitol Hill newspaper called Roll Call quoted one Senate Republican staff person who characterized Specter’s move this way: “If the House is going to have hearings on how bad amnesty is, then I’m going to have hearings on how good amnesty is.”

Before a conference committee can begin over the immigration measures passed by both chambers, a problem must be resolved regarding some unconstitutional provisions contained in the Senate-passed measure. The offending provisions in S. 2611 are tax measures which, under the Constitution, must originate in a bill passed the House. On June 13, House Ways and Means Chairman Bill Thomas (R-CA) said he would object to convening a House-Senate conference if the Senate does not find an alternate vehicle for its version of the legislation. The objection would come in the form of a “blue slip” - a congressional precedent under which Rep. Thomas would offer a resolution to return the bill to the Senate. On June 29, Senate Majority Leader Bill Frist (R-TN) and Senate Minority Leader Harry Reid (D-NV) agreed to use a House-passed bill concerning the alternative minimum tax (H.R. 4096) as a vehicle in order to get around the constitutional problem. Under the plan, which could be put to a vote some time in July, the Senate would take up H.R. 4096, gut its contents, insert S. 2611, pass it, and wait again for conferees to be appointed. If House Speaker Dennis Hastert (R-IL) agrees to a conference committee with the Senate, one will be held.

Conference committee members are normally appointed by the respective leadership of both chambers. On May 11, Majority Leader Bill Frist (R-TN) and Senate Minority Leader Harry Reid (D-NV) outlined an agreement on the selection of a potential conference committee with the House. The Senate portion of the conference committee would include 26 members - an unusually large number – including 14 Republicans and 12 Democrats. The seven senior Republicans on the Senate Judiciary Committee (Chair Arlen Specter [R-PA], Orrin Hatch [R-UT], Charles Grassley [R-IA], Jon Kyl [R-AZ], Mike DeWine [R-OH], Jeff Sessions [R-AL], and Lindsey Graham [R-SC]) and the five senior Democrats (Sens. Patrick Leahy [D-VT], Ted Kennedy [D-MA], Joseph Biden [D-DE], Herbert Kohl [D-WI], and Diane Feinstein [D-CA]) would be members of the conference committee. The rest of the conferees would be selected individually by Frist and Reid.

Negotiations in a conference committee are typically conducted behind closed doors by staff members associated with committee members. The actual committee members usually meet, again in private proceedings, only after staff has made substantial progress in drafting an agreement. If a majority of the members reach an agreement, a conference committee report will be produced and voted on in both chambers. The contents of conference committee reports are typically not revealed to the public until just before a vote in both chambers.

Earlier in June, House Judiciary Chairman Jim Sensenbrenner (R-WI) said that he would like to see as many public conferences as possible. If the conferees agree to his wishes,
the process may be more open than normal.

STATUS: On May 25, the Senate concluded work on S. 2611, the “compromise” amnesty bill, by passing it by a 62-36 vote. If the bill becomes law in its current form, it would create the largest immigration increase in U.S. history – a disaster for American workers and taxpayers. S. 2611 would increase legal immigration by 60 million people over the next 20 years and grant amnesty to an estimated eight to 10 million illegal aliens. The Senate passed the bill despite recent polling indicating that Americans oppose amnesty and want legal immigration numbers reduced.

Before passing S. 2611, the Senate voted on six final amendments. An unsuccessful amendment by Sen. John Cornyn (R-TX, SA 4097) would have affected the confidentiality of information from DREAM Act-related amnesty applicants in cases where an application was denied and appeals were exhausted. Sen. Jeff Bingaman’s (D-NM) successful amendment (SA 4131) would cap the number of employment-based visas for workers, spouses and children at 650,000. Another successful amendment, SA 4083 (sponsored by Sen. Russ Feingold [D-WI]), deletes a provision in the bill that would have prohibited courts from staying removal of any alien except in certain cases. Sen. Jeff Sessions’ (R-AL) unsuccessful amendment (SA 4108) would have prevented illegal aliens, whether granted amnesty or not, from being rewarded for their illegal activity by way of a tax credit. A similarly-fated amendment, SA 4136 (sponsored by Sen. John Ensign [R-NV]), would have prevented illegal aliens granted amnesty from being rewarded for their prior illegal activity by way of a tax credit for tax years before 2006. Finally, Senate Judiciary Committee Chairman Arlen Specter (R-PA) was able to push through a manager’s amendment (SA 4188), which included 115 pages of additional revisions from a number of agreed-to amendments, although no public notice was provided as to which amendments were included.

On May 24, the Senate overrode the wishes of the majority of Americans through two procedural and highly political moves. First, the Senate voted to invoke cloture, which limits debate on the bill (i.e., no more than 30 hours) in preparation for final passage, and limits further amendments to ones that are germane and agreed to in advance. Had 40 Senators voted to reject cloture, the bill would have, effectively, been stopped. Subsequently, the Senate rejected a budget point of order raised by Sen. Wayne Allard (R-CO), which, if accepted, would have slowed progress on passage of this amnesty-guestworker "compromise" proposal. Beyond these actions, the Senate voted on eight other amendments, with five of them being adopted. A successful amendment by Sen. Robert Byrd (D-WV, SA 4127) requires aliens to pay DHS an additional $500 fee before receiving that amnesty or “guestworker” status. An amendment by Sen. Judd Gregg (R-NH, SA 4114) was endorsed that reallocates visas made available through the Visa Lottery to allow more "high-skill" workers in through that program. An amendment by Sen. Mary Landrieu (D-LA, SA 4025), which was adopted by voice vote, encourages adoption of children from other countries by U.S. citizens and creates a new nonimmigrant classification for an adoptable child. Also adopted by voice vote were: (1) an amendment by Sen. Barbara Boxer (D-CA, SA 4144), which requires employers who seek to hire H-2C "guestworkers" to meet specified notification and posting requirements to recruit U.S. workers for the position for which the H-2C "guestworker" is sought; and (2) an amendment by Sen. Conrad Burns (R-MT, SA 4124), which requires the Census Bureau to report to Congress on how to ensure that illegal aliens are not counted for purposes of House seat apportionment. An amendment offered by Sen. Kay Bailey Hutchison (R-TX, SA 4101, which would have established a SAFE "guestworker" visa for citizens of CAFTA-DR and NAFTA nations, was rejected, as was – by a narrow margin (48 for and 49 against) – a proposal by Sen. Byron Dorgan (D-ND, SA 4095), which would have sunsetted the H-2C "guestworker" program after five years. Senators voted to table an amendment by Sen. Saxby Chambliss (R-GA, SA 4084), which would have restricted aliens' access to the proposed "blue card" agricultural "guestworker" program.

On May 23, the Senate voted down an amendment by Sen. Diane Feinstein (D-CA; SA 4087) that would have replaced the bill's "earned legalization" amnesty and Deferred Mandatory Departure provisions with a one-tiered scheme in which all aliens illegally present in the United States on or before January 1, 2006, are granted amnesty and an "orange card" (instead of the normal "green card") if they are otherwise admissible. That amendment would have added 2 million illegal aliens to the amnesty already contained in the bill. Members succeeded in tabling an amendment (SA 4117) by Sen. Patrick Leahy (D-VT) that would have opened up a dangerous loophole for terrorists to enter the United States. An amendment (SA 4177) by Sen. Charles Grassley (R-IA) passed which revised the bill’s mandatory employment verification provisions. The Senate also tabled two other amendments. Sen. Ted Kennedy’s amendment (D-MA; SA 4106) would have affected employer sanctions and enforcement under the Fair Labor Standards Act. Sen. Richard Durbin’s amendment (D-IL; SA 4142) would have provided another waiver from the removal process for family hardship.

On May 22, members voted to table an amendment sponsored by Sen. Saxby Chambliss (R-GA; SA 4009) that would have required an employer applying to hire H-2A workers, or utilizing "blue card" status temporary agricultural workers, to pay the greater of the local prevailing wage for that occupation or the minimum wage. The Senate endorsed an amendment by Sen. John Ensign (R-NV; SA 4076) that would authorize border state governors to have their National Guard troops train annually on the border, although the troops would not directly participate in the apprehension of illegal aliens.

The Senate adjourned on Friday, May 19, after briefly debating S. 2611, the "compromise" amnesty bill. No votes were held. On Thursday, May 18, the Senate adjourned after voting on ten amendments to S. 2611, the "compromise" amnesty bill. The Senate passed an amendment by Sen. Ted Kennedy (D-MA; SA 4066) that retracts provisions of a positive amendment (SA 3965) passed the night before. SA 4066 removes a provision requiring Federal certification of an employer's need to import foreign workers. An amendment by Sen. Ensign (SA 3985) would have cut off access to Social Security benefits for most illegal aliens, but the amendment was tabled. Sen. Daniel Akaka (D-HA; SA 4029) succeeded in passing an amendment that exempts children of naturalized Filipino World War II veterans from numerical limits. An amendment (SA 3964) by Sen. David Vitter (R-LA) was adopted that would remove the ability of illegal aliens to prove their employment history through reasonable inference. This would greatly reduce the potential for fraud. An amendment (SA 4064) by Sen. Jim Inhofe (R-OK) would have made English the official language of the United States. Although the amendment passed, it was displaced by a subsequent amendment by Sen. Ken Salazar (D-CO; SA 4073) that was more symbolic than substantive in nature. SA 4072, sponsored by Sen. Hillary Clinton (D-NY), would have used funds targeted for administration of the amnesty and temporary worker programs to reimburse state and local governments for the costs of incarcerating criminal aliens as well as for health care and educational services related to non-citizens. That amendment failed but a related one (SA 4038) by Sen. John Cornyn (R-TX) passed that would impose fees on amnestied aliens to fund health care and educational services for non-citizens. The Senate tabled SA 3969, an amendment by Sen. Jon Kyl (R-AZ), which would have removed the automatic path to citizenship for “guestworkers.” Members concluded the day by passing an amendment (SA 3998) by Sen. Bill Nelson (D-FL) that would increase detention space for apprehended illegal aliens.

May 16 was the first full day of debate on floor amendments to S. 2611. An unsuccessful amendment offered by Sen. Johnny Isakson (R-GA) would have prohibited the implementation of any guestworker or amnesty scheme until DHS could certify that necessary border security measures and increases in Federal detention space were fully operational. A somewhat similar but much weaker amendment by Sen. Ken Salazar (D-CO) was adopted. It would authorize the President to trigger implementation of guestworker and amnesty provisions by certifying that such programs would strengthen national security. The most contentious discussion of the day surrounded Sen. Byron Dorgan's (D-ND) proposal to strike the controversial guestworker provisions from the bill, which after lengthy debate, was tabled permanently. Sen. Jeff Bingaman's (D-NM) amendment capping the number of new guestworkers at 200,000 per year was agreed to by voice vote after an attempt was made to table it. This removed the most out-of-control part of the bill, but still would lead to more than 60 million immigrants over the next 20 years. The Senate also adopted an amendment by Sen. John Kerry (D-MA) to add 1,000 Border Patrol agents.

A study released May 15 by the Heritage Foundation's Robert Rector estimates that S. 2611 will allow 103 million persons to immigrate legally to the United States over the next twenty years, fully one-third of the current population, and cause increased government spending of at least $46 billion per year. Mr. Rector subsequently revised his analysis after passage of an amendment by Sen. Jim Bingaman (D-NM) capped the “guestworker” program at 200,000 per year. He now estimates that S. 2611 will allow 60 million persons to immigrate legally to the United States over the next twenty years. (CLICK HERE to see the revised analysis.)

20 million — Frist's bill (S. 2454)
25 million — McCain/Kennedy bill (S. 1033)
31 million  — Senate Judiciary bill (no #)
32 million — S. 2611 (now on Senate floor, based on the Hagel/Martinez bill)

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NumbersUSA supported this amendment because it would have killed the bill in its current form.

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NumbersUSA opposes bringing temporary workers into the country because they take American jobs and depress wages.

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The amendment was agreed to by voice vote after the attempt to table it failed. This removed the most out-of-control part of the bill, but still would lead to more than 66 million immigrants over the next 20 years according to the Heritage Foundation’s Robert Rector.

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NumbersUSA Urged A YES Vote

There are over 400,000 absconders and tens of thousands of criminal aliens in prison that could become eligible for amnesty without this amendment.

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The erection of physical barriers along our borders – and particularly along those portions of the borders most susceptible to illegal crossings, alien and drug smuggling, etc. – is a necessary part of any meaningful immigration enforcement reform.

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While NumbersUSA opposes any guestworker program, this amendment would provide some protection for low-skilled American workers from cheap foreign labor during times of high unemployment.

Given Sens. Santorum and Mikulski's past history on the Visa Waiver Program, this amendment was aimed at giving Poland visa waiver designation. This could create a major loophole for illegal immigration because Poland is already a major source of illegal aliens and has a very high visa denial rate, which is one reason Poland is ineligible to participate in the Visa Waiver Program. In order to participate in the VWP, the visa denial rate for that country must be less than three percent in the two preceding years. Poland's visa denial rate is somewhere around 17 percent. Visas are most commonly denied because a consular officer believes there is a great likelihood the applicant will overstay their visa and remain illegally in the United States. Thus, eliminating the requirement that Polish citizens obtain a visa before traveling to the United States could potentially open up a huge source of illegal immigration.

NumbersUSA Urged A NO Vote

As it stands now, people crossing our borders from Canada, Mexico, and Caribbean nations are not required to provide a passport upon entry, but they can present any other of seemingly innumerable “suitable travel documents,” a list of which includes, of all things, old baptismal records. What kind of message do you think that sends those who want to avoid the “hassle” of complying with immigration laws in an effort to get a job, or those that wish the United States ill, such as the terrorists of September 11 infamy? It almost begs them to skirt the law by entering our country via those nations and/or providing phony documentation. Furthermore, do we really think that people seeking to break our immigration laws – perhaps in addition to exponentially more heinous crimes – will be honest and give our Border Patrol and immigration personnel their real names, countries of origin, etc.

We support any restriction on immigration that offers more of a chance at employment for the 14 million U.S. citizens who are unable to find full-time work, particularly when it means that the jobs they might otherwise get are too often filled by workers imported by employers as a means of avoiding paying Americans a fair wage.

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NumbersUSA Urged A NO Vote

This amendment weakens Sen. Cornyn's SA 3965 by not requiring Federal certification of the employer's need to import foreign workers.

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NumbersUSA Urged A NO Vote

Any additional exemptions from caps on visa issuance serve only to increase the flow of immigration into the United States.

Detention space is sorely needed in order to end the practice of “catch and release” and to ensure all necessary illegal aliens can be detained while being processed.

No Position

NumbersUSA staff, not having seen the amendment, have based this analysis on what was said on the Senate floor. As such, it difficult to state a definite position.

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NumbersUSA Urged A Yes Vote

Although the creation of new "guestworker" programs is wholly unacceptable, requiring employers who wish to participate in such programs to take sufficient steps to employ U.S. workers – 12 million of whom cannot find full-time work – is a step in the right direction.