Mr. President, I ask unanimous consent to set aside the pending amendment and call up Vitter amendment No. 1157. I ask unanimous consent that reading of the amendment be dispensed with. Mr. President, this is an important amendment that…
Mr. President, I ask unanimous consent to set aside the pending amendment and call up Vitter amendment No. 1157.
I ask unanimous consent that reading of the amendment be dispensed with.
Mr. President, this is an important amendment that goes to the heart of our debate. This amendment strikes all of the text of title VI, the Z visa amnesty section. It takes all of that Z visa out of this massive immigration bill. I thank several Members for joining me in this important amendment: Senator DeMint, Senator Thomas, Senator Bunning, Senator Enzi, Senator Inhofe, and Senator Coburn. They are all cosponsors of this amendment. I ask all of my colleagues to join in this fundamental but necessary correction of the bill.
Many folks will say: We can't do this. This goes to the heart of the bill. It goes to the heart of the compromise. Well, indeed, it does. It does that because that is where an absolutely fundamental flaw with this approach resides. The Z visa is amnesty, pure and simple. Amnesty is at the heart of this bill and is a fundamental problem and flaw with the bill that we must correct. Make no mistake about it, the American people know this. It is obvious. Why is it so hard for us to acknowledge the fact, acknowledge the negative consequences that flow from it, and correct it?
Considering how badly received last year's Senate-passed amnesty bill was, I am shocked we are here again, admittedly with a better bill in some respects but with a bill with Z visa amnesty right at the heart of it. The American people don't want this. They don't want the Z visa, because they don't want to reward law breaking and thereby encourage more of the same. The Z visa amnesty provision absolutely rewards those who have broken the law and, in doing so, is a slap in the face to those thousands upon thousands of folks who are honoring the law, following the law, standing in line, waiting their turn under the rules.
I ask my fellow Senators, are we going to be a nation that values that rule of law? These Z visas tell lawbreakers the opposite, that it is OK to break the law. In doing so, most importantly, most negatively, that has to encourage more like behavior in the future. Clearly, that sort of amnesty sends the wrong message, a reward for breaking the law. Clearly, that encourages the same sort of behavior we absolutely don't want in the future.
I think the fundamental question in this debate is, is this bill going to be a repeat of the 1986 immigration reform the Congress passed at that time or is this bill fundamentally different? Again, that is a central question that goes to the heart of the Z visa issue and others.
In 1986, Congress took up immigration reform. They passed a significant bill, not as wide sweeping as we are talking about now but certainly a significant bill. Arguments were very much the same: We are going to beef up enforcement. We are going to get serious. We are going to have real enforcement at the border. We are going to have meaningful enforcement at the workplace. In that context, we need this amnesty one time, and it will be done and the problem will be solved.
What is the history since then? The history is clear. A problem that was then about 3 million illegal aliens has grown at least fourfold-- 12, 13 million, or more. So it has mushroomed. The problem has gotten a lot worse. Why? Because the amnesty provisions of that bill in 1986 absolutely went into force and effect. They were absolutely honored. But at the same time, the enforcement never happened to an adequate extent.
So what happens with those two dynamics? It is simple to see what did happen--inadequate enforcement, real amnesty that sent the message loudly and clearly: You will eventually be forgiven for breaking the law to get into this country illegally. The problem mushroomed. The problem quadrupled from more than 3 million illegal aliens in the country to 12 or 13 million or more today.
That is an awfully fundamental question we need to ask as we look at this legislation. I have asked that question. My answer is: This is a vastly improved bill from last year, but this bill still has that fundamental flaw. This bill still risks--and I believe will inevitably repeat--the mistake of 1986, only on a far broader, a far bigger, and far more dangerous scale. We cannot afford that.
There are colleagues of both parties in this Chamber who make the argument that we hear about most legislation: The status quo is broken. This bill is not perfect, but this bill will move it along. This bill will make it better.
That sort of incrementalist approach is true in a lot of cases. In this case, I don't think it is true at all. In this case, a flawed bill gives us the real threat, the real danger of making the problem a lot worse, not better. That is the history of what happened in 1986. That is what will happen again with inadequate enforcement plus amnesty.
How do we correct this? One way is to beef up enforcement. I support a lot of different measures to make the enforcement more certain, to nail it down absolutely before we go into any of these other areas such as a temporary worker program, certainly Z visas. The triggers in this bill are much ballyhooed, but the triggers don't get us to where we need to be before they trigger the Z visa. All the triggers do is say: We are going to do what was planned for the next 18 months anyway, which isn't all of what we need to do, which isn't half of what we need to do to secure the border and have real workplace enforcement. But then we are going to trigger the amnesty. We are going to trigger the Z visa. That is not enough. We need to beef up those enforcement provisions.
The other way to fix going down the 1986 road again is to get rid of amnesty, to get rid of the Z visa. That is exactly what this amendment does.
Certainly many of my colleagues will protest wildly about calling this amnesty. If you look at the facts, there is no other conclusion to reach. If you look at history, there is no other conclusion.
For those lawyers in the Chamber, probably the best known legal reference book is Black's Law Dictionary. Open it. Turn to ``amnesty.'' It is very straightforward. Amnesty is ``a pardon extended by the government to a group or class of persons.'' Black's Law Dictionary cites as its first example of what that means the 1986 Immigration Reform and Control Act. It points to that very act and says it ``provided amnesty for undocumented aliens already present in the country.'' That is the example it cites in the very definition of the concept of amnesty.
I ask unanimous consent to print this definition with the example in the Record.
In that context, one obvious question is: How does that amnesty provision compare to what is in this 2007 bill?
I think if you go down the requirements of the 1986 law and the requirements of this bill before us, you will see they are disturbingly familiar.
In 1986, how do you gain temporary residence status? Continuous unlawful residence in the United States since before January 1, 1982. Fees: a $185 fee for the principal applicant, $50 fee for each child, a $420 family cap. You have to meet certain admissibility criteria: 18- month residency period, English language and civics requirement. Those are the basic requirements under that 1986 law.
Let's compare it to what is in this bill, which is very similar. The dollar amount fees are higher, more significant, but in terms of the nature of the requirements in this bill, they are disturbingly similar: physically present and employed in the United States since a certain date--January 1, 2007; $1,000 penalty and a $1,500 processing fee; meet admissibility criteria; background check; English language basic requirement, et cetera--the exact same type of requirements under the Z visa provisions of this bill, as well as the 1986 law, which ``Black's Law Dictionary'' itself labels amnesty.
Mr. President, I ask unanimous consent to have printed in the Record this simple side-by-side comparison of the 1986 law and this bill presently before the Senate.
So, again, let's not repeat the horrible mistakes of the past. Let's not repeat the fundamental mistake of 1986 that got us to the situation we are in today, that quadrupled, or more, the problem then faced in 1986. Let's not repeat it in either side of the ledger: by having inadequate enforcement--and I am afraid the enforcement provisions of this bill, the trigger requirements, et cetera, are inadequate--and let's not repeat it on the other side of the equation by granting amnesty and creating a magnet for more illegal activity into this country.
We cannot afford to do that. This amendment goes to the core of that fundamental problem and corrects it by taking out title VI, the Z visa amnesty provisions.