Comprehensive Immigration Reform in the 110th Congress

The Issue

Our legal immigration system is profoundly out of synch with the needs of American businesses and American families. U.S. legal immigration admissions have inflexibly adhered to outdated quotas and antiquated regulatory processes. The status quo—in which there are no real legal avenues for immigrant workers without advanced skills to enter and work legally in the United States—has led to a situation where today, one out of 20 U.S. workers is an undocumented immigrant. The current system institutionalizes an underclass of exploitable workers, breeds chaos at our borders, and engenders instability for American businesses and families.
With the American people demanding a solution to the immigration mess, the 109th Congress failed to act. Immigration hard-liners, who refused to consider a workable solution, brought immigration reform to a stalemate. With several key hard-liners having been voted out of office, there is a new opportunity for immigration reform in the 110th Congress.

The Legislation

• The Security Through Regularized Immigration and a Vibrant Economy Act (STRIVE Act)
  H.R. 1645, Introduced by Representatives Luis Gutierrez (D-IL), Jeff Flake (R-AZ) and 28 other original co-sponsors on March 22, 2007.
  Among other things, the bill tightens borer security and interior enforcement, establishes an employment verification system, provides a new worker program for the future flow of immigrant workers, overhauls the family immigration system to reduce backlogs, contains an earned legalization program for the undocumented living in the U.S., and facilitates the integration of immigrants.
• The Secure Borders, Economic Opportunity, and Immigration Reform Act
  S. 1348. This bill is the product of weeks of negotiations, organized by the White House, among Senators of varying views on immigration reform.
  Among other things, this bill provides more resources for border, interior, and worksite enforcement; establishes a temporary worker program; reorganizes the immigration system by eliminating many of the family-based and employer-based immigration categories and replace them with a point system; includes a program to legalize undocumented immigrants; includes the DREAM Act to legalize undocumented immigrant students; includes AgJOBS to legalize undocumented farmworkers; establishes an Office of Citizenship and Integration; and includes a number of other provisions.
• The Senate bill was re-introduced as S. 1639 on June 18, 2007. The re-introduced bill incorporates amendments agreed to through June 7.

Status

The STRIVE Act was introduced in the House on March 22, 2007. During the week of March 26, the White House released a set of draft Principles for a version of “comprehensive” immigration reform that was the product of negotiation among the White House and Republicans. The Principles (summarized here) propose to allow undocumented immigrants to remain in the U.S., but would punish them harshly. It also proposes a guest worker program with no option for permanent residence.

The Senate bill was introduced as a substitute amendment on the Senate floor on May 21. On May 21, there was a vote on a motion to proceed with debate on the Senate bill. During the following days, the Senate voted on a series of amendments.

Votes on May 22:

• A Dorgan (D-ND) amendment to strike the Y temporary worker program. The amendment was defeated by a vote of 31 to 65.

Votes on May 23:

• A Bingaman (D-NM) amendment, to reduce the cap on Y temporary workers to 200,000, was agreed to by a vote of 74 to 24.
• A Feinstein (D-CA) -Martinez (D-NJ) amendment, to provide for the protection of unaccompanied minors, was agreed to by voice vote.
• A Gregg (R-NH) amendment, to provide even more resources for border enforcement, was agreed to by voice vote.
• A Graham (R-SC) amendment, to provide for minimum sentences for those who renter the United States after removal, was agreed to by unanimous consent.
• A Leahy (D-VT) amendment, having to do with rules applicable to immigrants employed as dairy workers, was agreed to by unanimous consent.
• A Hutchinson (R-TX) amendment, providing local officials and the Secretary of Homeland Security greater involvement in decisions regarding the location of border fencing, was agreed to by unanimous consent.

Votes on May 24:

• An Akaka (D-HI) amendment, to exempt children of certain Filipino World War II veterans from the numerical limitations on immigrant visas, was agreed to by a vote of 87 to 9.
• A Coleman (R-MN) amendment, to bar localities from having policies that bar officials from asking about immigration status in the course of law enforcement or dispensing other services, was defeated by a vote of 48 to 49.
• A Dorgan (D-NC) amendment, to sunset the temporary worker program after five years, was rejected by a vote of 48 to 49.
• A Sanders (D-VT) amendment, to charge an additional fee for employers applying for H-1B temporary workers to be used to establish the American Competitiveness Scholarship Program, passed by a vote of 59 to 35.
• A Vitter (R-LA) amendment, to strike the legalization program, was defeated by a vote of 29 to 66.

The Senate resumed debate during the week of June 4.

Votes on June 5:

• An Allard (R-CO) amendment (1189) to eliminate the preference for Z visa holders for obtaining green cards when they become eligible to adjust to permanent status (making them instead compete for visas with immigrants coming from outside the U.S. and applying through the point system) was defeated by a vote of 31 to 62.
• A Durbin (D-IL) amendment (1231) to strike a provision in the bill that exempts employers from trying to recruit American workers prior to applying for Y visa holders (temporary workers) if the Department of Labor has declared a worker shortage in the industry and area. The amendment was agreed to by a vote of 71 to 22.
• A McConnell (R-KY) amendment (1170) that would direct states to require any voter who votes in person to show a "current valid photo identification issued by a governmental entity." The amendment was defeated by a vote of 41 to 52.
• A Feingold (D-WI) amendment (1176) to establish a commission to study the U.S. government's treatment of certain persons during World War II, was agreed to by a vote of 67 to 26.

Votes on June 6:

• A Lieberman (D-CT) amendment (1191), to implement the recommendations of the U.S. Commission on International Religious Freedom regarding the treatment of asylum-seekers, was agreed to by unanimous consent.
• A Cornyn (R-TX) amendment (1184) that would have, among other things, made undocumented immigrants ineligible for legalization if they used false documents to work and are convicted of a crime for doing so, was defeated by a vote of 46 to 51. In its place, there was a "side-by-side" amendment offered by Senator Kennedy (1333) to bar from legalization certain serious criminals. That amendment was agreed to by a vote of 66 to 32.
• A DeMint (R-SC) amendment (1197) that would require immigrants legalizing under the Senate bill to have health insurance was defeated by a vote of 43 to 55.
• A Bingaman (D-NM) amendment (1267) that would delete the requirement that temporary workers leave the country for one year before they renew their visas was defeated by a vote of 41 to 57.
• A Cornyn (R-TX) amendment (1250) that in effect nullifies the confidentiality provisions of Senate bill was agreed to by a vote of 57 to 39. This seriously undermines the viability of the legalization program.
• A Reid (D-NV) amendment (1331), offered as a "side-by-side" amendment to the Sessions amendment (below) and restating current law regarding the inability of undocumented immigrants to benefit from the Earned Income Tax Credit, was agreed to by a vote of 57 to 40.
• A Sessions (R-AL) amendment (1234), barring legalized undocumented workers with provisional Z visas and temporary worker Y visa holders from the Earned Income Tax Credit, was agreed to by a vote of 56 to 41.
• A Menendez (D-NJ) amendment (1194), would have reduced more of the family visa backlog by including immigrants for whom a family petition was filed between May 1, 2005 and January 1, 2007. (The Senate bill would require anyone for whom a family sponsorship petition was filed after May 1, 2005 to re-apply through the new point system set up by the bill. Republicans raised a "budget point of order" against the amendment. Any Senator can challenge a bill that would increase federal spending and violates the terms of a budget resolution. The Menendez amendment would have resulted in greater federal outlays in the short term, as more immigrants admitted from the backlog would become eligible for certain benefits or tax credits. A budget resolution can be waived, but in the Senate, a waiver must gain 60 votes. The waiver to the budget point of order failed by a vote of 53 to 44.
• A Kyl (R-AZ) amendment (1460), meant as a "side-by-side" amendment to the Menendez amendment, that would re-configure the family backlog reduction formula with uncertain results, was agreed to by a vote of 51 to 45. The effect of the amendment is still being analyzed.
• A Clinton (D-NY) amendment (1183), that would have re-classified the spouses and minor children of permanent residents as "immediate relatives" (treating them like the spouses and minor children of citizens) was also challenged by a budget point of order. The motion to waive the budget point of order defeated by a vote of 44 to 53.
• An Ensign (R-NV) amendment (1374), that would have changed the point system to place more emphasis on high-skilled workers, was rejected by a vote of 42 to 55.
• A Salizar (D-CO) amendment (1384), meant as a "side-by-side" amendment to the Inhofe amendment (below), "to preserve and enhance the role of the English language," was agreed to by a vote of 58 to 39.
• An Inhofe (R-OK) amendment (1151), that declares English to be the official language of government (but does not prohibit the use of other languages) was agreed to by a vote of 64 to 33.
• A Vitter (R-LA) amendment (1339) that would add the full implementation of the US VISIT system at all land, sea, and air ports of entry to the Senate bill's "trigger" provisions was rejected by a vote of 48 to 49.
• An Obama (D-IL) amendment (1202) to sunset the proposed point system after five years was rejected by a vote of 42 to 55.
• A Dorgan (D-ND) amendment (1316) to sunset the Y-1 visa program after five years was agreed to by a vote of 49 to 48.

Votes on June 7:

• A Coburn amendment (1311), yet another amendment to make the triggers more onerous, was rejected by a vote of 42 to 54.
• A number of procedural votes were taken, in an effort to limit debate. A final motion to invoke cloture failed by a vote of 45 to 50, and the Senate moved on to other business.

On June 18, the Senate bill was re-introduced as S. 1639, incorporating amendments agreed to through June 7.

The Senate again took up the bill on June 27. Three Senators—Jim DeMint (R-SC), Jeff Sessions (R-AL), David Vitter (R-LA)—continued to filibuster the bill, and refused time agreements for discussing amendments. To move the process along, Senators offered Motions to Table on several amendments.

• A motion to table the Hutchison amendment, which would have required Z visa applicants to return to their home countries before obtaining a Z visa, was agreed to by a vote of 53 to 45.
• A motion to table the Webb Amendment, which would have narrowed the scope of the legalization program by pushing back the cutoff date to four years prior to the bill’s enactment was agreed to by a vote of 79 to 18.
• A motion to table the Bond Amendment, which would have denied Z visa holder the opportunity to gain permanent residence and eventually citizenship, was agreed to by a vote of 57 to 40.
• A motion to table the Dodd Amendment, to provide more immigrant visas to parents of U.S. citizens, was agreed to by a vote of 56 to 41.
• A motion to table the Menendez-Obama-Feingold amendment, to increase the number of points that could potentially be awarded for family relations in the bill’s point system, was agreed to by a vote of 55 to 40.
• A motion to table a Baucus-Tester amendment to strike references to REAL ID in the bill (specifying requirements for identification documents) was rejected by a vote of 45 to 52.

On June 28, there was a cloture vote, to end the filibuster. That motion to invoke cloture failed by a vote of 46 to 53. With the Senate's failure to end the filibuster, the bill was removed from the floor, and the Senate moved on to other business.

Information on the Senate Bill

• Summary: Section-By-Section Summary of Bi-Partisan "Bargain", American Immigration Lawyers Association, May 21, 2007.
• Summary: Summary of Key Legalization Provisions in S. 1639, American Immigration Lawyers Association, June 21, 2007.
• Summary: Summary of Key Family Immigration Provisions in S. 1639, American Immigration Lawyers Association, June 21, 2007.
• Summary: Summary of Key New Worker Provisions in S. 1639, American Immigration Lawyers Association, June 21, 2007.
• Summary: Summary of Key Business Immigration Provisions in S. 1639, American Immigration Lawyers Association, June 21, 2007.
• Summary: Senate Immigration Bill Floor Consideration: Round 2 - Amendments at a Glance, National Immigration Forum, June 26, 2007.
• Questions and Answers: Questions and Answers about the Senate Immigration Bill, National Immigration Forum, May 23, 2007.
• Fiscal Impact: CBO Estimate Shows the Senate Immigration Bill's Budget Impact is Very Modest, Center on Budget and Policy Priorities, June 6, 2007.
• Analysis: The Point System's Impact on Foreign Nurses and Other Potential Immigrants, National Foundation for American Policy, June 4, 2007.
• Reaction: The Senate Fails to Act on Immigration: The Nation's Editorial Pages Respond, National Immigration Forum, June 12, 2007.
• Reaction: The Senate Fails to Act on Immigration: The Nation's Leaders Respond, National Immigration Forum, June 12, 2007.

Information on the House Bill

• Overview: STRIVE Act: At-a-Glance. A brief overview of the STRIVE Act, produced by the National Immigration Forum, April 3, 2007
• Analysis: Security Through Regularized Immigration And A Vibrant Economy Act Of 2007 (“Strive” Act Of 2007) Section-By-Section Analysis, produced by the American Immigration Lawyers Association and the National Immigration Forum, April 13, 2007.

Information on Comprehensive Immigration Reform

• Resource Guide: Making the Case for Comprehensive Immigration Reform, American Immigration Lawyers Association, February 2007
• Backgrounder: Comprehensive Reform of Our Immigration Laws, National Immigration Forum, January 2007.
• Backgrounder: Immigration Backlogs are Separating American Families, January 2007.

Links to Other Web Sites with Information Related to Comprehensive Immigration Reform

In addition to the materials listed above, the links below will take you to other Web sites with more information on comprehensive immigration reform. These sites are sponsored by organizations spanning the major institutions of American society, from across the political spectrum.

Justice for Immigrants: The Catholic Campaign for Immigration Reform
This Web site is hosted by the United States Conference of Catholic Bishops that, in cooperation with other Catholic organizations with national networks, has launched a campaign to mobilize Catholic institutions, individuals, and other persons of good faith in support of a broad legalization program and comprehensive immigration reform.

Detention Watch Network
Detention Watch Network focuses on immigration detention issues. They post information pertaining to due process-related concerns in proposed comprehensive reform legislation.