I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I ask unanimous consent to speak as in morning business. Mr. President, Members of the Senate--at least a…
I ask unanimous consent that the order for the quorum call be rescinded.
Mr. President, I ask unanimous consent to speak as in morning business.
Mr. President, Members of the Senate--at least a certain limited number--are intensely involved in an attempt to draft an immigration bill that will serve the national interest. I say ``serve the national interest'' because there are quite a number of special interests. There are the interests of poor people all over the world who would like to come here, interests of all kinds. But at one of our hearings, we had several professors and experts on immigration and the economy. They said we ought to ask what is in the national interest and do that. That can also cause us to develop a thought process that could lead to legislation of which we can be proud.
One thing that is not in our national interest is to continue the current policy of immigration. It is not working. It has comprehensively failed us. We all know that. We have been at this for some time. We know this system is not working effectively. It has not made us proud. Congress deserves a lot of blame. Often unmentioned is that very considerable blame should fall on Presidents over the last 20 years because I am not aware of a single time any of them have come to Congress with a comprehensive request for action that would actually fix this broken system. So both Congress and the President deserve criticism.
These discussions are ongoing. I admire the Senators who are participating. I am aware these discussions are going on. People ask me: Senator, does that offend you? I say: No, you need some people to gather to try to hammer something out and sometimes to make a blocked system begin to work. There are some excellent Senators participating in that activity. But I have to tell my colleagues, I have some concerns. My predictions last week seem to be coming true today; that is, a process has been ongoing that could lead to us having an entirely new bill plopped on the floor of the Senate, that nobody has had a chance to read on one of the most important issues facing our country.
Some say: Oh, it is not so important. We have to get the bill off the floor. The public is going to be mad, so the sooner we can just bring this thing up and vote it out and get it away from here, the less blame is going on fall on us.
That kind of thinking is afoot here, I am afraid. But it is not good thinking. I believe the American people know this is an important issue. They believe we should get it right. They want us to get it right. They know there are going to have to be some tough choices. I know there are people talking, calling in on the radio and fussing and saying unkind things sometimes that they shouldn't say. We have people calling in with Pollyanna-ish ideas that are not worth two cents. People sort of judge the debate by maybe what they hear in those circumstances.
We need to work up a bill that can be effective, that would actually work. It cannot be done quickly. Fortunately, the efforts have been abandoned on the bill that we passed last year, amazingly. It was an absolutely fatally flawed piece of legislation that should never have become law. I think Members of the Senate, many of them who voted for it, had they believed it would become law, probably wouldn't have voted for it. They also didn't know what was in it. It was over 800 pages. They knew the House wasn't going to pass it. That is not responsible leadership.
This year, we have a new framework. When you have a new framework, you are not able to analyze portions of last year's bill and see how the new framework is going to work. So we are told that they are coming close to reaching agreement. People who I affectionately called ``the masters of the universe,'' those who are out there plotting all this comprehensive immigration reform and putting it together, they are meeting. What will they produce? I don't know. So we are now going to have a cloture vote on Monday. The Democratic leader insisted on that. He moved it off at least until Monday to give this small group a few more days to discuss it, this small group who are on the inside. As a result, we will have a cloture vote on Monday on the old bill, last year's bill.
Presumably Tuesday or sometime, this new bill will be plopped down. What is going to be in it? We don't know. We were told we may get the language tomorrow or we are going to try to have the language for you tomorrow, Senators, so you can at least begin to read it. We think this year's bill is going to be a thousand pages. That is not a little bitty matter, a thousand pages. As a former Federal prosecutor for 15 years, I know that if you don't get every single aspect of the bill right, it can't be made enforceable. If you make errors in the language and the drafting and the appellate process and the enforcement ideas, the whole thing can be a joke and not effective. It takes time to do write a bill this size correctly.
We are going to have this comprehensive immigration reform bill bouncing back up next week. They are going to want to vote on it by Friday of next week. I submit that Senators will not be given enough time to really analyze it, much less the American people. If we are to avoid cynicism, we ought to make sure the American people are engaged in the process. Those are large concerns of mine.
As I said, they say we may have the language tomorrow. But the best we can ascertain is, it is probably not going to be bill language, language we would actually vote on and amend. This is serious. It is some sort of outline or word statement of what the bill provisions are going to be, not having had it written out so we can examine it carefully before we vote on it.
A group of Senators--I was one of them--has written a letter to the Republican leader and to the majority leader, I believe, to say that with an issue as important and complex as immigration reform, it is critical that the process for floor consideration be open to full and informed debate and amendment. Who could dispute that? It goes on to say:
There are reports that the cloture vote on the motion to
proceed will be held on Monday. We would ask you to seek the
following assurances from Senator Reid.
This would be the letter to Senator McConnell asking him to approach the majority leader, Senator Reid, and ask for these assurances: that a new, compromise proposal should be brought to the floor of the Senate as a separate, clean bill, not as an amendment to S. 1348, last year's bill. Therefore, we can proceed in a clean fashion to amend it and act on it in the appropriate fashion. No. 2, it was asked that full and
final bill text must be available online in a searchable format by midnight tonight. They have been talking about having that available in this fashion, but will we get it? I doubt it. All germane Republican amendments must be allowed to be called up and voted on. That is germane amendments, amendments that go right to the bill, not amendments unrelated to the bill. We need a CBO score, that is the Congressional Budget Office score. We had the CBO finally come through with a score on last year's bill that found that not counting the enforcement expenditures, the cost of that bill, as written, would be $127 billion. I thank my excellent staff member for her assistance. Real money, I submit, it would cost, because the people who would be legalized and given permanent status and put on the road to citizenship in last year's bill would have been available for huge amounts of money from the Government in terms of earned-income tax credit and other welfare programs. So we don't have a score on it.
Before we pass a bill, we should look at the CBO score. The CBO has made clear that the real surge in cost to the U.S. Treasury will be in the next 10 years, not in the first 10 years. In fact, the Heritage Foundation's Mr. Robert Rector, who was one of the architect of welfare reform a number of years ago, has done immense calculations on the cost of the bill. He estimates that a substantial percentage of the people who would be legalized under this legislation will have less than a high school education and that on average would cost the U.S. Treasury $30,000 a year or as much as $1 million over a lifetime per household headed by a person without a high school education. He carefully worked those numbers up. Are they accurate? I don't know. But he spent a lot of time working on that. The point Mr. Rector and the Heritage Foundation have made with crystal clarity is that those wise people in the big suites in Manhattan who think we are going to solve our financial difficulties with Medicare and Medicaid and Social Security by adding large amounts of low-skilled immigration are in a dream world because it is going to cost us, not help us, financially. He called it a fiscal disaster. We haven't even seen the language of the new comprehensive immigration reform bill, so we don't know what the CBO score and the cost to the U.S. taxpayers would be.
Those are some fairly minimal issues that I believe should be dealt with before we rush into legislation.
Let me mention a few quick questions that I have about the new bill. The bill purports to have an enforcement guarantee. That is important. The enforcement provisions contained in Title I and Title II of the new bill will be meaningless unless they are funded, meaning that we actually put the money up for enforcement, and unless the enforcement measures are required to be implemented before other parts of the bill kick in. That was the ``trigger'' debate we had last year.
Senator Isakson from Georgia offered a commonsensical approach that we should not give benefits to individuals until we are sure that the immigration system is not continuing to be broken and not working. It would simply require the borders to be secured before the new immigration programs are implemented. But it was rejected on the floor after debate last year 40 to 55 because the leaders who so-called put together that bill last year agreed they would vote against any amendments that had any significant impact on the legislation. So they all got together and voted against a commonsensical trigger. We need such a trigger in this year's legislation.
Without an enforcement trigger, we are unable to assure the American people that immigration reform in 2007 will be any different from 1986, when the promises of future enforcement, made in exchange for the amnesty given in 1986, never materialized.
That is what happened. In 1986, they said there were about 2 million people here illegally. We set up a system to grant them amnesty. We changed some laws to supposedly make the immigration system more lawful in the future. When amnesty was handed out, turned out to be 3 million people were here illegally. We had a big percentage of those who claimed amnesty, and who got it--got it on fraudulent claims--when they really were not entitled to it. That is the history of immigration reform in 1986--20 years ago. So we need to make sure, this time, when legislation passes, it will actually work. Isn't that what the American people want of us?
Another question we need to ask: How much will this bill increase legal immigration? Last year, the bill would have increased the number of green cards--that is, permanent resident status--the United States would issue over the next 20 years to 53 million. That would be 34 million more than the current 18.9 million scheduled to be issued under current law. That was last year's bill. It was just about three times the current rate of immigration.
Now, I have to tell you, Professor Borjas, at Harvard, has written a book, ``Heaven's Door.'' He is at the John F. Kennedy School of Government, himself a Cuban inmigrant as a young man. Professor Borjas has indicated he thinks that 500,000 per year would be the right number for America, economically and otherwise. That would be 10 million over 20 years, not 53 million over 20 years.
When it came out of committee, it was even worse. It would have increased the immigration levels by elevenfold--up to 217 million over 20 years. It actually could have gone that high under the bill as written. My staff--Cindy Hayden and her team--ran these numbers, and they were later confirmed by the Heritage Foundation. We had amendments that brought it down to 53 million.
So we do not know what the green card increases will be in the bill being talked about now. It is a critical question. So we need time to study that issue and make sure the numbers of people coming into our country are assimilatable, and also do not plummet the wages of American workers, particularly middle-class and lower middle-class workers.
I am telling you, the numbers indicate that low-skilled workers in the industries where there are large amounts of illegal immigration have not shown wage increases. In fact, in many instances, adjusted for inflation, wages have gone down. We had expert testimony on that. From 2000 to 2005, wages in categories of workers, where immigration is heavy, showed a net decrease in income.
So that only makes sense. If you bring in large amounts of low- skilled labor, you can expect the value of low-skilled labor in the United States to go down. I do not think the average American believes and expects that immigration reform will result in a large increase in immigration. I am pretty sure they think we are working on a comprehensive plan to create a legal system that works, and they probably expect immigration will be reduced, not tripled. So we have to look at that question.
Another question would be: Will the temporary program be temporary? Last year's bill contained a ``temporary'' worker program that was, in reality, a low-skilled permanent migration program for 200,000 workers, plus their families, annually. This is the bill that is on the floor today that we will vote cloture on next week. Workers and their families were given 3-year renewable visas. They could bring their families into the United States. They could be sponsored by their employer, the first year they are here, for a green card, to become permanent residents in the United States. They could continue to renew those temporary worker 3-year visas indefinitely, as long as they were working and did not have a felony conviction. So in last year's bill it was not a temporary worker program. It was a plan to bring in workers who were put on a virtual automatic path to permanent residence and citizenship.
What will this new bill contain? We hear different things. One is that it contains a 3-year visa, where workers are allowed to bring in their families--I am not sure we can look our voters in the eye back home and say we are going to sponsor such a program again this year.
Additionally, if we set aside 10,000 green cards a year for these new ``temporary'' workers to apply for--as I am hearing the bill may do--I am sure we cannot claim our intention is to create a temporary plan. So I am worried about that.
All I would say to my colleagues is, let's be sure we have enough time. There is no reason for us to have to
vote a week from this Friday on final passage of a 1,000-page bill that we have never even seen the language of yet. The only bill that is out there is last year's fatally flawed bill. Why can't we have this opportunity to review the new bill?
I have argued we should move dramatically in the way that Canada moved to create a merit-based system for immigration, based on skills and abilities, which countries such as Canada or the United States would deem helpful to their nation.
If we have 100 people who want to come to our country, and we cannot accept 100, we can only accept 50, why wouldn't we set up a system that asks them what skills and attributes they have that might be beneficial to our country--which would allow them to most flourish and benefit from the American experience? Why wouldn't we ask that and give preference to those who would come here?
I say to my colleague, to show the bankruptcy of any idea that we could have open borders, in the year 2000, we had 11 million people apply for 50,000 diversity lottery slots. We have an amazing situation, if you want to come to America, and you do not qualify in any number of ways, you can put your name in a pot, and each year we draw out 50,000 names. We had 11 million people in 1 year apply for those slots. So why wouldn't a merit-based system work?
Today, only 20 percent of the immigrants coming into the United States are admitted based on their skills. Canada went through a long period of discussion about this issue. They had a national discussion over some years, and the Parliament in Canada directed their government to establish a point-based system. Canada wanted that point-based system to ensure that 60 percent of the people who come into Canada come on a merit basis. Canada still takes those for humanitarian relief, Canada still takes other immigrants such as those with family connections, but in Canada that is much more limited than in the United States.
That was their plan. They are very happy with it. I have met with the person who actually runs that program. They are happy with what they did. They think it is something we should consider. They think we would be happy with it. We are hearing discussions that would be a part of this package. What a great step that would be if we would move in that direction. It is critical to me that more immigrants be selected on a point-based system as part of comprehensive immigration reform. It is something for which I have advocated for some time now and think we could actually get there. I am hearing some good feedback about it. But, once again, we need to read the language of the new bill.
I would point out a couple things. One, what I am hearing is the best they would expect to get to would be 40 percent of the immigrants would be coming into our country based on merit, not 60 percent like Canada. Australia also does that, with 60 percent of their immigrants coming into their country on a merit-based, on a point-based system.
I am concerned that we will end up with a system that will not be effective to move us to a more merit-based system, which would serve our long-term national interests and would ensure the people who do come to America come with every prospect and every ability to flourish in our country and to do well, and not only not be a drain on our medical system or our welfare system, but actually be prosperous taxpayers contributing to the health and vitality of our Nation.
I think I saw Senator Boxer in the Chamber a few moments ago. I will wrap up, if she is available, but I do not see her on the floor at this moment. I will share a couple more thoughts I do think are important.
Last year, we did not get a final CBO score until 3 months after the passage of the bill. The August 18th CBO score estimated the bill would cost $126.9 billion for the first 10 years, and that ``beyond 10 years, definitely the costs would escalate.''
That is a major factor in what we are doing, and we have not even, to my knowledge, asked for a score from CBO, and I do not think we can ask for a score. We cannot ask for a score because we do not have bill language to say what is going to happen. We do not even know what is in the bill that will be dropped on us.
Another issue that was quite contentious last year, and I believe is very important: Will illegal aliens who worked here under a fictitious name and fraudulent Social Security number be able to get Social Security benefits?
Last year's bill would have allowed current illegal aliens to get Social Security benefits for the time they worked illegally in the United States.
In addition to the predictable fraud on the Social Security system that would result from this provision--there would be no way you could identify with certainty who paid with what Social Security number if you are using false numbers--this concept is fundamentally unfair to the millions of Americans who rely on Social Security as their main form of retirement income.
Our Social Security system is already in peril--$6.8 trillion will already have to be invested by Congress today to have enough money to pay all of the program's promised benefits between 2017 and 2081. So it is not a program that is financially sound.
To provide millions an opportunity to make a claim to receive Social Security benefits when they were illegally in the country--utilizing a fraudulent Social Security number, illegally taking employment when they were not entitled to it, perhaps taking a job from an American worker--to be rewarded with Social Security benefits, I believe, is not required.
Basic law--having handled a number of cases that dealt with it--is that one cannot benefit or go to court to enforce an unlawful contract. If you are a drug dealer, you cannot sue another drug dealer to enforce a promise to pay for drugs. You should not be able to have a claim against the Government based on your fraudulent conduct and then go to court and file a lawsuit to enforce that claim. That is just a basic principle of law, so any bill that offers a compassionate solution for the illegal alien population should draw the line at allowing those who come to our country illegally, utilizing false Social Security numbers, to receive benefits because it is unjust. And, how could you ever calculate that?
I will mention one more thing and will wrap up. What about the earned-income tax credit? Will that be available to temporary workers or illegal aliens given status under the bill?
The earned-income tax credit is a benefit designed to assist low- income Americans. I do not believe it should be provided to foreign workers who we invite to perform labor in our economy, whose own choice was to come and work here.
The cost estimate released by CBO last August calculated that last year's bill would have increased outlays for refundable tax credits by $24.5 billion in the first 10 years because most of these workers are on wage scale rates that qualify for the earned-income tax credit. It would be the largest direct spending effect in the entire bill.
Now, the earned income tax credit was a plan conjured up by President Nixon a number of years ago and has some legitimate basis. Many people--conservatives--like it, and some don't. But it was designed to help working Americans make extra money so they could take care of their families. It costs us $40 billion a year. It is one of the biggest programs we have.
I see no reason in policy or equity that says if a person comes to America to work at a job at a certain wage rate and they would generally know what that wage rate is before they came, that they ought to be given an earned income tax credit, a credit designed to encourage American citizens to work. What kind of sense does that make? So we had a vote on that last year, and the vote was to continue to give this benefit, even to temporary workers.
These are some of the issues I think are important. We are going to treat compassionately the people who are here illegally, try to work something out that is acceptable to them on any reform; we are going to try to do the things that Americans want to do in terms of generous and fair treatment to everybody. But we don't need to go overboard and put things in the bill for political correctness or other reasons that don't make common sense, that threaten our Treasury, that could drive down the wages of American workers,
that could increase the flow of workers into our country to a degree that is much larger than we have seen in the past, and that would not move us effectively to a more merit-based system like our neighbors in Canada have adopted.
Those are some of my concerns. I value and appreciate the hard work of the people who are working to try to make a bill come together, but I want people to know that it is a scary thing. I think it was the Chinese who said, in defining crisis, it is a crossing of danger and opportunity. Yes, we do have an opportunity to produce a bill that could be far better than last year's bill--a bill we could all support, that could actually work, that we could be proud of. I actually think that is possible. This year's framework for a bill is certainly a lot better. I am excited about that. But I have to tell my colleagues from what we are hearing about the language that is actually going into the bill, we could have big print rubric letters that promise this and promise that, but when you read the fine print, it is not there.
We owe the American people an honest, hard study of any legislation we vote on. If that legislation is not produced until next week, even if we get an outline of some kind tomorrow, that is not enough time for us to study it.
I appreciate the opportunity to share these thoughts. I sincerely hope that a compromise can be reached, and I hope it is one that will serve the United States.
Mr. President, I suggest the absence of a quorum.