Mr. Speaker, I yield myself such time as I may consume, and thank the gentleman from Texas (Mr. Sessions) for yielding me time. Mr. Speaker, I rise today to oppose this rule and H.R. 418. The anti- immigrant provisions contained in this…
Mr. Speaker, I yield myself such time as I may consume, and thank the gentleman from Texas (Mr. Sessions) for yielding me time.
Mr. Speaker, I rise today to oppose this rule and H.R. 418. The anti- immigrant provisions contained in this bill are unconscionable. We are a nation of immigrants, a nation that people, from time immemorial, have journeyed to for freedom. As Ronald Reagan said, ``America is a shining light on the hill.'' Well, apparently, Mr. Speaker, today that light is red.
We find ourselves in the second week of the second month of this legislative session, and we have yet to have a bill come to the floor with an open rule. And I remind the majority that that is shutting America out with reference to this debate.
We are here today without a final rule because of a lack of agreement on which amendments to allow. Well, I have a simple solution, one that should be obvious to all of us. I say, allow all amendments to be brought to the floor for a full and free debate by the House of Representatives as envisioned by this Nation's Founding Fathers who were immigrants. Let Congress work its will on this legislation.
To stifle debate on a bill as ill conceived as H.R. 418 is undemocratic to the core. Mr. Speaker, there is no reason for hesitation. This is the only bill of substance on the House's agenda this week. We have the opportunity to conduct an open debate on each radical section of this bill. As a country that prides itself on spreading democracy throughout the world, we must practice what we preach. Allow the people to have their say by bringing H.R. 418 to the floor with an open rule. Do not shut America out.
The changes to asylum law contained in H.R. 418 will not improve our homeland security. Terrorists do not have the right to seek asylum in our country and are already prohibited from doing so, but those who would legitimately seek refuge at our shores ought not to be turned away from our golden door through this bill's misguided attempt at curbing immigration.
Nor will erosion of our personal privacy improve our security. The collection of unnecessary personal information by State agencies in an attempt to discern each and every person's immigration standard goes against the very freedom this Nation was founded on by immigrants and must be rejected.
Our Nation's security is of paramount importance; but in an effort to achieve that goal, let us, a thriving Nation of immigrants, not turn our backs on our history and our future. So before we replace the Statue of Liberty's torch with a ``Do Not Enter'' sign, let us reconsider in the most open of debates what that says about our great Nation.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I am privileged to yield 4 minutes to the gentleman from Massachusetts (Mr. McGovern), my very good friend who serves on the Committee on Rules with me.
Mr. Speaker, I am privileged to yield 3 minutes to the gentlewoman from California (Ms. Harman), my good friend, the ranking member of the Permanent Select Committee on Intelligence.
Mr. Speaker, I yield 5 minutes to the gentleman from California (Mr. Berman), my very good friend.
Mr. Speaker, I am very pleased to yield 2 minutes to my very good friend, the gentleman from Texas (Mr. Gene Green).
Mr. Speaker, before yielding to my good friend from Massachusetts, I yield myself such time as I may consume.
I would say to my colleague from Texas (Mr. Gohmert) I have not had an opportunity to talk to him, and I simply want to point out to him that all of us that have feelings regarding States' rights line up in many respects alike. But the gentleman needs to know that the National Governors Association and the American Association of Motor Vehicle Administrators, the National Conference of State Legislators all oppose this legislation. And the primary reason that they do would be, had I known the gentleman 20 years ago, or 10 years ago, he would have been arguing that the Federal Government is sending unfunded mandates to the States.
Well, welcome to the Federal Government. This is an unfunded mandate.
Mr. Speaker, I am privileged to yield 4 minutes to my very good friend, the gentleman from Massachusetts (Mr. Frank).
(Mr. FRANK of Massachusetts asked and was given permission to revise and extend his remarks, and include extraneous material.)
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I ask the gentleman from Georgia (Mr. Gingrey) whether he is on the Committee on the Judiciary.
I yield to the gentleman from Georgia.
Mr. Speaker, the gentleman from Georgia and I are on the Committee on Rules, and we know this measure did not come up until 2 hours just before we went in there. We also know there were no hearings. We also know that the 9/11 Commission went much further than what the gentleman presented here today.
Mr. Speaker, I yield 1 minute to the gentleman from California (Mr. Berman), a member of the Committee on the Judiciary, to give a more exemplary outline of what transpired.
Mr. Speaker, I gather those unfriendly nations were like Saudi Arabia where 15 of the 19 hijackers came from.
Mr. Speaker, I yield 2 minutes to the gentleman from Texas (Mr. Hinojosa), who lives in south Texas and is on the Texas-Mexican border and may have some experiences in this regard.
Mr. Speaker, I yield myself such time as I may consume.
I remind my colleagues that there was no hearing with reference to this matter. There are 43 new Members in the House of Representatives who have absolutely no opportunity to have voiced themselves regarding this matter. There is a new Committee on Homeland Security that is now permanent, rightly so. There was no hearing there. The gentleman from Wisconsin's (Mr. Sensenbrenner) manager's amendment came to the Committee on Rules 2 hours before we had an opportunity to see it, and I would urge in the House how many have read it even at this point.
More importantly, Mr. Speaker, the Immigration and Naturalization Service, BICE, in the authorized budget that we presented to the President, it required 800 new officials for that agency. Only 143 are in the President's budget.
I also include for the Record the National Conference of State Legislatures' letter in opposition and the National Governors Association and American Association of Motor Vehicle Administrators' opposition to this measure.
Additionally, there are others who are too numerous to mention without great prolixity, but I will cite in the Record some of the organizations that oppose this measure: the AFL-CIO; the American Jewish Committee; the Anti-Defamation League; the Asian American Legal Defense and Education Fund; Catholic Charities USA and Catholic Bishops; Hebrew Immigrant Aid Society; the Irish American Unity Conference; the Korean American Coalition; the Mexican American Legal Defense and Educational Fund, and a footnote, all of the colleagues in the House that are Latino and African American have signed on to a letter opposing this measure; the National Conference of State Legislatures that I just mentioned; the National Council of La Raza; the Service Employees International Union; the Arab-American Anti- Discrimination Committee. And, Mr. Speaker, the Republican Liberty Caucus opposes this measure.
And in addition, thereto, in case someone thinks that there are a whole bunch of left wing crazies that are out
here trying to protect the personal rights of individuals, the Gunowners of America Association opposes this measure and the American Conservative Union. I would think, then, that those 100-plus organizations should give us a lot of food for thought before we proceed.
Identity Security, Driver's Licenses and State Identification Cards
official policy statement
States traditionally have maintained authority over the
issuance of driver's licenses and state identification cards.
The principal purpose of the driver's license is to certify
individuals to operate a motorized vehicle and to secure
automobile insurance. Driver's licenses also are used for
numerous other purposes, including proof and verification of
identity and as documents to qualify for a variety of
commercial, financial, educational, governmental and other
services. The driver's licensing process and related
regulatory activities are crucial for maintaining public
safety, bolstering security, and reducing fraud and
counterfeiting. States have renewed their scrutiny of
driver's licenses and have enacted and considered legislation
to strengthen application processes, require expanded proof
of identity, modify qualifications for license and
identification card approval, deter fraudulent activity, and
bolster privacy protections.
Although states retain authority over the driver's license
application and issuance processes, Congress recently passed
the Intelligence Reform and Terrorism Prevention Act of 2004
to overhaul the nation's intelligence systems. This
legislation included federal standards for state issued
driver's licenses and personal identification cards that the
states must enact or face the refusal of federal agencies to
accept these documents for any official purpose. Although
NCSL opposed this federal mandate, NCSL worked with Congress
to ensure that state elected officials are included on a
negotiated rulemaking committee, which will devise the
federal standards, to apply the standards only to newly
issued documents, and to require the Secretary of the
Department of Transportation to identify the cost of the
federal standards on states prior to their implementation.
NCSL is committed to preserving the congressional intent of
the Act by ensuring that state legislatures are represented
on the negotiated rulemaking committee. NCSL strongly
believes that the negotiated standards should provide states
with maximum flexibility within the framework of the federal
Act to implement the standards. NCSL encourages the Secretary
of Transportation to exercise his authority under the Act to
grant states extensions of the effective date if they make
reasonable efforts to comply, and NCSL is committed to
working with Congress and the Secretary to delay the
implementation of the Act if Congress fails to appropriate
funds to implement the standards. NCSL further encourages the
Secretary to exercise his authority under the Act to include
individuals from organizations that represent civil liberties
and privacy interests on the negotiated rulemaking committee.
Although there is a need to strengthen the driver's license
application process and to address inadequacies, states
remain best positioned to accomplish these goals. States have
direct experience with driver's license formatting, identity
verification procedures and systems, customer service,
qualifying and insuring drivers, testing potential and
licensed drivers, and driver training. State laws and
regulations guide these activities. States also are mindful
of needs to protect consumers, taxpayers, business concerns
and privacy, all of which must be taken into account while
enhancing security and public safety. Any federal standards
should be narrowly limited to those areas enumerated in the
federal Act and should in no way limit the ability of states
to innovate to strengthen the integrity of document
verification and issuance.
NCSL supports the innovative efforts at the state level to
address security concerns with driver's license issuance.
Currently, individual states are considering legislative and
regulatory actions, interstate compacts, model legislation,
intergovernmental agreements, data sharing, standards
development through recognized standards-developing entities,
and enhanced legislative and executive branch coordination.
NCSL will provide organizational support to states as they
opt to pursue any or all of these or other avenues to reform.
NCSL will oppose any federal legislative or regulatory effort
to require states to adopt specific model legislation or
participate in an interstate compact.
NCSL believes that the federal government does have a
significant role in assisting states with matters regarding
non-citizens and their qualification for and use of state-
issued driver's licenses and identification cards. States
need direct links to verifiable, timely and accurate date
regarding status, duration of stay, application for change in
status and related information. The expanding number of
visas, backlogs on applications for status changes and
inability to either access or navigate Department of Homeland
Security data systems are among the problems requiring
resolution so that states can administer non-citizen
applications for driver's licenses and identification cards.
Without these changes, states cannot be expected to, nor be
held accountable for, providing enhanced security in their
driver's license application and issuance processes.*
This discussion has rekindled debate and concern about the
development of a national identification card or national
driver's license. NCSL continues to believe that there is no
compelling reason to establish such national cards or
licenses and will work with Congress and federal officials to
ensure that such an establishment is not achieved--either
intentionally or unintentionally--through legislation,
regulation or rulemaking process.
NCSL believes that states must establish am ore cooperative
working relationship on this issue with the federal
government. Therefore, NCSL supports a federal role in
providing technical support, highlighting successful models,
facilitating discussion and providing necessary funding for
changes made at the discretion of the states.
NCSL is opposed to any further federal attempts including
coercion or direct preemption, to usurp state authority over
the driver's license process or diminish the validity or
usefulness of licenses awarded at the state level. NCSL urges
the federal government to respect the provisions and intent
of the Unfunded Mandates Reform Act of 1995.