Yes. What is the question? I object. Mr. President, I object. I object. Mr. President, reserving the right to object. We are witnessing here a new procedure in the Senate that I am not familiar with, and that is legislating by press…
Yes.
What is the question?
I object.
Mr. President, I object.
I object.
Mr. President, reserving the right to object.
We are witnessing here a new procedure in the Senate that I am not familiar with, and that is legislating by press conference.
What we have before the Senate now is a rare moment of bipartisanship. We have a bill that came from the Judiciary Committee in a bipartisan fashion. It is strong bipartisan legislation that strengthens our national security. We need to move forward.
We have reviewed the list of amendments filed by both sides. There are several good-faith amendments that are intended to improve the bill without damaging the integrity of the committee product or which are not designed to score political points. We are ready to schedule votes on these amendments at the right time.
However, it is important that we take advantage of the bipartisan momentum behind this bill and keep moving forward. We must not allow this strong bipartisan legislation to be torpedoed for reasons that probably are very partisan. We on this side are united behind a comprehensive immigration reform bill, a bill that is bipartisan, and we are ready for prompt action on this bill. So I object to voting at midnight.
As I said, Mr. President, staffs are looking at it. It is my understanding there are 70 to 100 amendments that have been filed; is that right?
We are in the process of looking at those. As you have to do on any bill, you have to decide, when you have a bill that is as large as this, what amendments are going to be decided to be voted upon. It can't be decided on one side; it has to be decided by both sides. The only way we are going to get votes on amendments on this most important bill is to have both sides agree on them, and we are in the process of doing that right now.
I indicated--as the distinguished Senator from Pennsylvania indicated--in my caucus today, I said that staff would be working just as I outlined. It can't be done in 5 minutes or 10 minutes; it will take a little bit of time. But this is an important bill. It deals with our national security, it deals with a guest worker program, and it deals with a path to legalization for 11 million or so people.
I will say to my friend, the distinguished chairman of the Judiciary Committee, that I think the work the Judiciary Committee did on this piece of legislation is extraordinary. It is good. Frankly, I was very pleasantly surprised at the complexity of the bill and how good it was. I like the bill as it is. That is my personal feeling. So I am willing, as I have indicated, to work with Senator Leahy and his staff, Senator Kennedy and his staff, Senator Durbin and his staff, and we will look at these amendments and see if we can agree on a bipartisan basis what amendments should be decided here--or voted upon, I should say.
Mr. President, responding to my friend, it seems quite unusual that these crocodile tears are being poured out now because amendments aren't being considered. We have waited for years to have an amendment considered on raising the minimum wage. We have waited months and months to have a debate on amendments on stem cell research. I have trouble accepting the plaintive cries from the other side of the aisle in not having their amendments heard. With this Republican-dominated Senate, we have been unable to offer amendments, only two of which I have mentioned. We have tried and tried and tried.
This is the Senate, and we have 100 amendments pending. And the mere fact that the distinguished junior Senator from Arizona offers an amendment he believes strongly in does not mean it takes precedence over the other 100 amendments that have been offered. This is a procedure that has been followed for many years.
I would further say I simply don't accept the explanation of the amendment the distinguished junior Senator from Arizona has offered on this bill. First, the Kyl amendment, as amended by Senator Cornyn, would make classes--various individuals who would become part of a class of undocumented immigrants--ineligible for conditional nonimmigrant status and to earn their legalization; for example, immigrants who came through the visa program who overstayed their visas. Is that what we want to do? I don't want to do it: Make immigrants subject to expedited removal at the point of arrival. And did you know one of the definitions of aggravated felon that is in this legislation is somebody who has twice overstayed their visa?
So I like the bill we have before the Senate. I don't accept this amendment--the Kyl amendment--as one that improves the bill. It hurts the bill. It hurts the very foundation and what I believe is the spirit of this legislation.
I do not accept the fact that this good legislation which is now before the Senate will be improved by the Kyl amendment as modified by the amendment of the distinguished Presiding Officer. I believe the bill before us is a good bill and we should stick with it. That is what I want to do.
The answer to the distinguished Senator is yes, I have had time.
I apologize very much.
Mr. President, with all due respect to the distinguished chairman of the Judiciary Committee, he has been in this body a lot longer than I have, but I still understand the rules of the Senate. At this stage, as a Senator from the State of Nevada, I am not ready to move forward on the Kyl amendment. I do not have to explain in any more detail than I have why I do not want to move forward on it. I do not agree with the amendment. I don't think it is going to benefit this legislation pending before the Senate. I am going to do what I can to prevent a vote on it. I can't be more direct than that to the distinguished chairman of the Judiciary Committee.
Mr. President, I apologize for being late. I was occupied when Senator Specter started talking about an event that I had out in the hall, and I thought it was important I come back to the floor. I came to spend a few minutes talking about some of his assertions.
But now what I want to focus on for a minute--Senator Kyl stood and told the merits of his amendment, with a very brief outline he gave.
Senators Kyl and Cornyn claim the Judiciary Committee bill would allow criminals to become residents. This simply is not true. The Judiciary Committee bill, like the McCain-Kennedy bill upon which it is based, already denies earned legalization to broad categories of aliens who have committed crimes or are a security risk to our country. Immigrants denied legalization include--and this is only a partial list--immigrants convicted of ``crimes of moral turpitude: aggravated assault, assault with a deadly weapon, fraud, larceny, and forgery; immigrants convicted of controlled substance offenses: sale, possession, and distribution of drugs, drug trafficking; immigrants convicted of theft offenses, including shoplifting; immigrants convicted of public nuisance offenses; immigrants with multiple criminal convictions; immigrants convicted of crimes of violence; immigrants convicted of counterfeiting, bribery, or perjury; immigrants convicted of murder, rape, or sexual abuse of a minor; immigrants convicted of espionage or sabotage; immigrants believed to have engaged in terrorist activity, which is broadly defined; immigrants with any association with terrorist activity or representatives of a terrorist organization; spouses and children of individuals who
are inadmissible as a terrorist; immigrants known to have acted in ways that are deemed to have adverse foreign policy consequences.''
What the Kyl-Cornyn amendment does is undermine the earned citizenship program in the committee bill, which I strongly believe in. It would prevent millions of Mexicans, Central Americans, Irish, and other nationals from applying for legal status because of status violations, not crimes. The vast majority of undocumented immigrants who would be affected by this amendment are not criminal aliens but, rather, the exact classes of immigrants intended to be covered by title VI of the Judiciary Committee bill.
Our analysis shows that over 95 percent of the people potentially affected by this amendment are individuals whose only crime--and ``crime'' is very loosely construed for purposes of this discussion--is being in the United States out of status--95 percent.
If the Kyl-Cornyn amendment passes, the United States will still confront a crisis of illegality and it will deny the will of the American people, three out of four of who favor earned legalization for immigrants who work, pay their taxes, learn English, and stay out of trouble.
This bill before this body is a very fine piece of legislation. It sets a very strict standard to protect our national security. Our borders will be protected better than they have ever been protected. It will allow places such as Las Vegas, NV--and Las Vegas is not the only place. They are going to build within the next few years, 4 to 5 years, 50,000 new hotel rooms. They will need a minimum of 100,000 new workers. This legislation will allow that to happen. There are places all over America that are faced not with numbers that are as huge as that but with big numbers.
Finally, what this legislation that is now before the Senate does is it allows 11 million-plus people not to have to live in the shadows of America. It is a path to earned legalization--not like the old amnesty that was done when I served in the House of Representatives--but a path toward legalization. Stay out of trouble. Pay your taxes. Have a job. Learn English. Go to the back of the line.
We are here trying to protect the integrity of a bill that is bipartisan in nature and one of the best things to happen to this partisan atmosphere we find ourselves in. It is a bipartisan bill. Last week, we stood on this floor--and I do not think ``boasted'' is the right word--and talked about how good it was we were able to pass a bipartisan bill that improved the situation dealing with the ethics of this body and this country. Why can't we continue on a bipartisan basis on this committee-reported bill?
So for individuals to come to this floor and think we are doing something that is anti-Senate, anti-American, because we do not want to vote on an amendment that I think guts this bill does not mean there is anything wrong with those of us who believe this is what we should not do. And it does not take away from the good faith of my friend from Arizona. He thinks he is doing the right thing. I disagree with him a lot. I think what he is doing is wrong. I think it hurts this bill. And I am going to do everything I can to protect this bill.
Mr. President, I think it takes a lot to criticize the fact that Republicans are offering amendments and we wouldn't allow votes on them. This has been the history of the Republican-controlled Senate for years: not allowing us to have votes on amendments that we offer, or wanted to offer. How many amendments have there been? Minimum wage, Dubai Ports, health care in many different areas such as stem cell, prescription drugs, and importation of prescription drugs. So there may be some logical issues that could be propounded as to why the majority doesn't like what is going on here. But the fact that we are not allowing votes on amendments should fall on deaf ears because we are experts at trying to offer amendments and not having votes on them.
So I repeat what I said a little while ago. We have on the Senate floor today a bipartisan piece of legislation. Over here, we are united. We like the bill. The vast majority of us in the minority really like this bill, the one that is before the Senate right now. For example, the Kyl amendment, which was not tabled--it was moved in an effort to table their own amendment, which was somewhat surprising to me, but it wasn't tabled. The Kyl amendment, as I have explained on the floor before, would defeat a very good bipartisan bill. It would take what I believe, from my eyes, is the integrity of the bill, it would take it away.
This is a good bill, a bill that has strong enforcement. It provides for guest workers, and those in America who are interested in business support this. For example, the Chamber of Commerce, including the National Chamber of Commerce, supports those provisions in this bill, and then, of course, the path to legalization, which is so American, not anti-American--the path to legalization for these people.
I don't believe we should do amnesty. I was part of that in 1986 and it didn't work very well, and that is an understatement. This is not amnesty, what is in this bill. I like it. The vast majority of the minority likes it.
So we are willing to have our efforts rise or fall on this bill that is before the Senate. We are not going to allow amendments like Kyl- Cornyn take out what we believe is the goodness of this bill.
Mr. President, I will be happy to respond to that. I will respond to the distinguished majority leader. We have had three votes on Frist-Reid, Bingaman, and the other was--anyway, we have had three amendments, and they are amendments that we would be
happy to sit down and discuss, as I indicated earlier, and--the other is the Alexander amendment, thank you--sit down and find a way we can proceed.
We have Mikulski-Warner, Dorgan-Snowe-Burns, the Bond amendment, I think it is Collins, Brownback-Lieberman have an amendment, Stevens- Leahy have an amendment. So there are some amendments we could work on.
But let me just say this: We are happy to try to work something out. It is my belief--and people could disagree. It is certainly everyone's right to disagree. I don't think some of these amendments, some of these amendments I have talked about, would take away what I call the integrity of the bill. But I do say to my friend--and he is my friend, the distinguished majority leader--we have had example after example in the last many years where there is legislation on this floor and we are not allowed to offer amendments. We offer them once in a while, we don't get votes on those, and we are not allowed to offer amendments.
As my mother would say, they are getting a taste of their own medicine.
The answer is no.
Mr. President, as I said just a few minutes ago, I would be happy to have the two managers, with the appropriate staff--I have listed a number of amendments here: Mikulski-Warner-Snowe, Dorgan- Burns, Bond, Collins, Brownback, Stevens-Leahy, maybe the Allard amendment, which I haven't read in its entirety, but I think that is appropriate. I think what we should do--there are a number of these, and you may have some others on the other side that we could work out and set up a sequence of when we should vote on these, how much time should be used in debate. I would be happy to do that.
Mr. President, the Democrats are very serious about passing a bill that affects the security of this Nation--this legislation and other legislation but particularly this legislation. We believe that the first provision of this legislation, which we talked about from the very beginning, is border security, security for our Nation. This legislation that is now before the Senate will do that. But in addition to that, we want enforcement plus.
So as I have indicated, we want to pass the legislation right now. We would be happy to vote on this bill right now.
Mr. President, I ask unanimous consent that the bill before the Senate be moved to third reading right now and vote on it.
Those that I mentioned?
I would be happy to work with our manager, and with Senator Kennedy, and come up with the sequence of how we should vote on these and how much time should be spent on each amendment. I would be happy to vote on that.
I don't know; 9:30, or sometime tomorrow morning, if we work out a sequence on these. That would be fine with me.
Mr. President, the use of words of the distinguished chairman of the Judiciary Committee--``travesty, unprecedented, unthinkable''--whatever those were, those are words I am going to remember. I should have come up with those before on all the many times that we were unable to offer amendments on legislation that was pending before the Senate. But I think, as usual, the distinguished chairman of the Judiciary Committee did an outstanding job of describing what happens when people are not allowed to offer amendments. We are experts at recognizing when we are not able to offer amendments.
As I say, again, we have a number of amendments we would be happy to vote on. My friend, the majority leader, said he wanted to add in those that are pending, and we could not agree to that.
I have the greatest confidence in our ranking member, Pat Leahy. I have spoken in his behalf on this floor so many times I can't count it, but we have, in addition to Senator Leahy, 44 other members of our caucus. I am not going to give you and Senator Leahy carte blanche as to what amendments would be offered and in what order.
I am happy to yield to my friend, the distinguished Senator from New Mexico, for a statement of 1 minute or 2 minutes, whatever he cares to speak.
I may not like what you say, but I like you.
Mr. President, I suggest the absence of a quorum.
Mr. President, I ask unanimous consent that the order for the quorum call be dispensed with.
Mr. President, I have said nonchalantly, to put it in perspective, how much I appreciate the work of the members of the Judiciary Committee on this bill.
I am not going to spend a lot of time on this other than to say I think it is so important that we understand the time people have spent on this issue. The Senator from Massachusetts, Senator Kennedy, has been working on this issue of immigration for 35 years. He has seen what has happened in years past with all the different pieces of legislation. I can remember legislative battles on the Senate floor that we had with disputes between him and Alan Simpson, the distinguished former Senator from Wyoming, who everyone knows was such a good Senator, with such a great sense of humor.
Senator Leahy has, I think, done such an admirable job of being ranking member on this committee.
We have gotten work done on this committee that no one ever expected could be done. And the principal reason that work was able to be accomplished is because of the relationship that was developed between the chairman and ranking member, Senator Specter and Senator Leahy.
If someone had come to me a month ago and said we would be in the status we are on this immigration bill, I would have said: No, I don't think that could be accomplished. I do not think we can get a bill out of that committee.
But as I have said publicly, and certainly I have said it to the distinguished majority leader, I thought his bill alone, dealing with enforcement only, was inappropriate and not good. I was surprised--but pleasantly surprised--with the work product that came out of the Judiciary Committee.
Even when the distinguished majority leader said that he and the ranking member would work during the week that we had off to see if they could come up with a proposal, I kept checking with Senator Leahy and other members of the Judiciary Committee. And they felt there was a lot of movement.
When that committee met on Monday, there were compromises made, and a bipartisan bill came before the Senate; again, pleasantly surprising me and, to me, proving that when people work together to accomplish a goal and there is a partnership between those leading the committee, members of the committee usually go along with that leadership as they did in this instance.
I appreciate the good work, and I support this legislation.
I yield the floor.