Day 4: Markup of Senate Gang of 8 Immigration Bill

Watch live-stream here.

And follow the conversation on Twitter at #CIRMarkup.

9:15 PM: the following is a press release from the Senate Judiciary Committee majority staff:

Day Four Recap: More Than 165 Amendments Considered to Immigration Bill

The Senate Judiciary Committee on Monday continued consideration of the Border Security, Economic Opportunity, and Immigration Modernization Act.  The markup began at 10:00 a.m., and concluded around 8:30 p.m.
Through four days of markup, a total of 168 amendments were considered by the Committee.
Nearly half the amendments considered were offered by Republicans.
All amendments are available on the Senate Judiciary Committee’s website

The Committee will continue its markup on Tuesday, May 21, at 10:30 a.m., and will continue consideration of Title II. 

Protecting Refugees, Asylees, Trafficking Victims and Immigrant Workers from Abuse

The Committee Monday adopted amendments to protect immigrants, refugees and asylees seeking safe haven in the United States.  Specifically, the Committee adopted an amendment to bolster the ability of VAWA self-petitioners to receive temporary work authorization, allowing them to provide for themselves and their families while their applications are pending.  The Committee also adopted an amendment to protect elder immigrant victims of violence and abuse.  The Committee unanimously adopted an amendment to ensure that children are cared for when their parents or primary caregivers are detained on immigration-related matters, and to prevent the transfer of parents away from a point of detention until care arrangements are made.

The Committee also adopted amendments offered by Republicans to reduce fraud and abuse in the immigration system, including amendments to prevent the misuse of U.S. passports, and the use of a fraudulent immigration document.

Also on Monday, the Committee defeated amendments that would have eased the ability of law enforcement to use racial profiling, and that would have permitted the deportation of immigrants based on a standard of guilt by association rather than conduct.

Amendments Adopted Monday

*NOTE: Summaries reflect purpose statements included in the proposed amendment.

Leahy3 – To provide work authorization for aliens who are eligible for status as VAWA self-petitioners or for T or U visas while applications for such status or visas are pending – Adopted by Voice Vote

Grassley27 – To maintain the integrity of the asylum process – Withheld

Hatch7 – To terminate certain preferential treatment in immigration of Amerasians – Adopted by Voice Vote

Feinstein3 – To provide for the admission to the United States of certain Tibetans – Adopted by Voice Vote

Graham2 (As Amended) – To provide for information sharing for visa overstays – Adopted by Voice Vote

Klobuchar2 – To add elder abuse to the list of predicate crimes for U Visas – Adopted Voice Vote

Sessions31 – To amend the Internal Revenue Code of 1986 to limit the earned income credit to citizens and legal permanent residents – Vote: 8-10 (Not Agreed To)

Franken8 (As Amended) – To provide for the transfer of responsibility for trafficking protections – Adopted by Voice Vote

Graham1 (As Amended) –  To provide for termination of asylum or refugee status in cases of country return – Adopted by Voice Vote

Coons5 –  To provide aliens in removal proceedings the right  to receive a complete copy of certain immigration documents  – Adopted by Voice Vote

Hatch6 (As Amended) – To require the Secretary of Transportation to establish a mandatory biometric exit data system at airports in the United States with the highest volume of international air travel – Vote: 13-5 (Agreed To)

Feinstein4 – To require background checks to be conducted on all refugees and asylees before they are granted such status – Adopted by Voice Vote

Coons8 – To ensure asylum applicants receive work authorization within 180 days of filing applications for asylum – Adopted by Voice Vote

Grassley52 – To prohibit sections 3401, 3404, and 4401(a), and the amendments made by such sections, from taking effect until 1 year after the Director of National Intelligence submits to Congress a review related of the Boston Marathon bombings – Not Adopted by Voice Vote

Grassley49 – To permit Federal law enforcement officers to take into account an individual’s country of origin to the extent permitted by the United States Constitution and the laws of the United States – Not Adopted by Voice Vote

Feinstein5 (As Amended) – To establish a pilot program to deter, detect, and prevent child trafficking – Adopted by Voice Vote

Grassley43 – To improve the provisions on the inadmissibility of aliens in criminal gangs – Vote: 8-10 (Not Agreed To)

Whitehouse5 – To increase public safety by permitting the Attorney General to deny the transfer of firearms or the issuance of firearms and explosives licenses to known or suspected dangerous terrorists – Withdrawn

Sessions7 (As Amended) – To provide sanctions for countries that delay or prevent repatriation of their citizens and nationals – Withdrawn

Franken7 – To protect children affected by immigration enforcement actions – Vote: 18-0 (Agreed To)

Lee16 (As Amended) – To preserve the criminal offense of knowing use of a fraudulent immigration document – Adopted by Voice Vote

Coons6 (As Amended) – To require Federal agencies with responsibility for detained aliens to maintain records on those aliens – Adopted by Voice Vote

Grassley45 – To improve the provisions relating to illegal entry, reentry of removed aliens, and passport fraud – Vote: 8-10 (Not Agreed To)

Blumenthal2 – To protect alien detainees from unnecessary or inhumane solitary confinement – Adopted by Voice Vote

Sessions10 (As Amended) – To require consideration of the receipt of certain public assistance for purposes of determining if an alien is a public charge – Adopted by Voice Vote

Lee17 – To make attempted misuse of a passport a criminal offense – Adopted by Voice Vote

Blumenthal3 (As Amended) – To ensure effective enforcement of protections against trafficking and abuse involving workers recruited abroad – Adopted by Voice Vote

Grassley47 – To strike section 3717 – Not Adopted by Voice Vote

Blumenthal4 – To revise the requirements relating to regulations on protections against trafficking and abuse in the recruitment of workers abroad – Adopted by Voice Vote

Sessions12 – To provide for the conditions for release on bond of aliens from noncontiguous countries – Vote: 9-9 (Not Agreed To)

Blumenthal5 (As Amended) – To improve the authorities relating to protections against trafficking and abuse involving workers recruited abroad – Adopted by Voice Vote

Hatch2 – To impose enhanced penalties for certain drug offenses that take place on Federal property – Adopted by Voice Vote

Blumenthal6 – To amend section 922 of title 18, United States Code, relating to the prohibition of the sale of firearms to, or the possession of firearms by, aliens not lawfully admitted for permanent residence – Withdrawn

Sessions32 (As Amended) – To improve the cooperation between the Federal Government and State and local law enforcement agencies in the enforcement of Federal immigration laws – Not Adopted by Voice Vote

Hirono22 (As Amended) – To provide for enhanced protections for vulnerable unaccompanied alien children and female detainees – Adopted by Voice Vote

Grassley44 (As Amended) – To amend the definition of aggravated felony to include 3 drunk driving convictions – Vote: 17-1 (Agreed To)

Blumenthal8 (As Amended) – To clarify the use of immigration enforcement authorities of the Department of Homeland Security at sensitive locations – Adopted by Voice Vote

Grassley27A – To eliminate the 1-year filing deadline for asylum applicants and to give the asylum office jurisdiction over all cases where the applicant has been found to have a credible fear of persecution – Vote: 6-12 (Not Agreed To)

Grassley27B – To remove a waiver in current law to allow RPI applicants to legalize despite previously filing frivolous asylum claims or failing to voluntarily depart the United States – Vote: 9-9 (Not Agreed To)

Coons10 (As Amended) – To provide that individuals authorized to be employed in the United States may not be denied professional, commercial, or business licenses on the basis of immigration status – Adopted by Voice Vote

Grassley11 – To limit the individuals who may apply for registered provisional immigrant status – Vote: 6-12 (Not Agreed To)

Blumenthal12 – To permit registered provisional immigrants who have honorably served in the Armed Forces and meet certain other conditions to become naturalized United States citizens – Adopted by Voice Vote

Graham3 (As Amended) – To require additional security screening for certain aliens – Adopted by Voice Vote

Hirono21 (As Amended) – To invest in highly motivated college students who came to the U.S. as children, grew up in our churches and schools, and want to contribute to America by earning a college degree, making more money and paying higher taxes, starting businesses, hiring American workers, and spending more to strengthen our economy – Adopted by Voice Vote

Sessions16 – To ensure that all applications for immigration status under the Act and amendments made by the Act are filed electronically, to clarify the national security and law enforcement clearances required for an alien to be granted registered provisional immigrant status, to require interviews of certain applicants for adjustment of status, to require a fraud detection and deterrence plan to be submitted to Congress, and to impose penalties for knowingly committing or aiding fraud – Vote: 6-12 (Not Agreed To)

Hirono16  –To remove barriers to health care and nutrition assistance for children, pregnant women, and lawfully present individuals – Withdrawn

Hirono17 – To add provisions relating to health care – Withdrawn

Cornyn3-(As Amended) – To ensure that serious criminals, including domestic abusers, child abusers, and drunk drivers, are not eligible for registered provisional immigrant status – Vote: 8-10 (Not Agreed To)

Hirono12 – To permit the entirety of the penalty payable in connection with application for registered provisional immigrant status to be paid in installments – Adopted by Voice Vote

Grassley18 – To require applicants for registered provisional immigrant status to disclose all Social Security numbers used to obtain employment in the United States – Vote: 8-10 (Not Agreed To)

Markup to Continue on Tuesday, May 21, at 10:30 a.m.

The Committee has concluded consideration of the Pre-Title, Title I, Title III; has begun consideration of Title II, and has made significant progress on Title IV.  Chairman Patrick Leahy announced today that the Committee will continue its consideration of the Border Security, Economic Opportunity, and Immigration Modernization Act on Tuesday, May 21, at 10:30 a.m. with consideration of Title II.  The Committee is expected to continue the markup late into the evening on Tuesday.

###

8:08 PM: the following is a press release from the Senate Judiciary Committee majority staff:

AMENDMENT PLACES DOMESTIC VIOLENCE SURVIVORS IN HARM’S WAY

An amendment offered today during the Judiciary Committee’s consideration of the Border Security, Economic Opportunity, and Immigration Modernization Act would make an immigrant ineligible for Registered Provisional Immigrant (RPI) status if they have been convicted of one misdemeanor offense related to domestic violence or drunk driving.

Cornyn3 would have a chilling effect on domestic violence reporting.

While the provision purports to target domestic violence offenders, it ultimately harms victims more than it helps them.  Specifically, Cornyn3 will discourage immigrant survivors of domestic violence from contacting law enforcement, if it could result in the deportation of their partner.  This is particularly true in cases where the victim relies on the accuser for financial support or is the co-parent of their child. This provision will harm the survivors it intends to protect by sweeping victims into its scope and ignoring the long term best interests of survivors and their children.  This provision will result in victims of domestic violence being deported.  It is not uncommon for immigrant victims of domestic violence to be arrested along with or instead of the real abuser.

S.744 already makes immigrants deportable or inadmissible for domestic violence crimes.

The comprehensive immigration reform legislation already makes any alien convicted of a crime of domestic violence, stalking, child abuse, child neglect or child abandonment who served at least one year imprisonment deportable or inadmissible for RPI status.  It also renders inadmissible any alien whom a court determines engaged in criminal contempt of a protection order issued for the purposes of preventing domestic violence.  Individuals who commit similar crimes are already deportable under current law.  This amendment will upset the delicate balance created by the bill and current law, which best protects domestic violence victims and their children.

###

5:30 PM: Sen. Chuck Grassley apparently doesn’t understand what racial profiling is.  Grassley wanted to use an immigrant’s country of origin as a basis for extra scrutiny.  As Sen. Durbin explained to him, that’s racial profiling.

DURBIN: Senator Grassley, let me say two or three things about this. First, there is no mention of country of origin in the language of this bill. We specifically do not mention country of origin and that was the basis of your argument. And so I’d ask you and your staff to take another look at it. We do not raise that issue. Number two, the language –
[…]

GRASSLEY: Why then don’t you mention it as — so that it’s –

DURBIN: Because what we’ve done is specify that you cannot use race or ethnicity. Now, how did we come up with race or ethnicity? This was the standard established –

GRASSLEY: I’m not arguing that point I think you’re right by including that in the bill. But what does country of origin have anything to do with profiling?

DURBIN: It’s not mentioned nor religion. Why did we pick race and ethnicity? Those were the standards were established by Attorney General John Ashcroft in 2003. We took the Ashcroft profiling guidance, issued by this Department of Justice, and embodied it in this. It is not a radical departure from past practice. In fact, it embodies the practice of former conservative Republican attorney general under a Republican president.

2:50 PM: the following is a press release from the Senate Judiciary Committee majority staff:

Legalizing Profiling Will Eliminate Key Protections to Protect All Americans

An amendment offered today Grassley49 during the Judiciary Committee’s consideration of the Border Security, Economic Opportunity, and Immigration Modernization Act will legalize country of origin profiling.  A similar amendment (Sessions39) has also been filed that would allow racial and ethnic profiling.

Grassley 49 Eliminates the Prohibition on Law Enforcement from Considering Country of Origin

The Border Security, Economic Opportunity, and Immigration Modernization Act includes language that limits the circumstances in which federal law enforcement officers can consider race or ethnicity in specific investigations.

The bill already includes language stating that law enforcement may only consider race or ethnicity to the extent that it is “relevant to the locality or time frame, that links persons of a particular race or ethnicity to an identified criminal incident, scheme or organization.  This standard applies even where the use of race or ethnicity might be lawful.”

Instead, Grassley49 would allow for expansive country of origin profiling, instead of limiting it to instances where the facts and circumstances would justify the practice.

If adopted, Grassley49 will permit increased country of origin profiling, eliminating critical civil liberties protections for immigrants and threatening the civil liberties of all American citizens.

No part of the Border Security, Economic Opportunity, and Immigration Modernization Act restricts federal law enforcement from engaging in lawful police activity as provided under current law.  Nothing in the legislation would restrict law enforcement from using a physical description to pursue suspects and leads in investigations.  The bill merely prohibits officers from using race or ethnicity as the ONLY basis to target communities.

Replacing the carefully crafted language in the underlying bill with the sweeping statement proposed by Grassley49 opens the door to increased racial profiling by law enforcement, and removes important protections included in the bill.

###

2:49 PM: the following is a press release from the Senate Judiciary Committee majority staff:

Grassley43 Would Deport Immigrants Based on Guilt By Association 

An amendment offered Monday during the Judiciary Committee’s consideration of the Border Security, Economic Opportunity, and Immigration Modernization Act would impose a standard of guilt by association, subjecting immigrants who have never committed a crime to deportation, including legal residents.

Amendment is inconsistent with American values.

Grassley43 imposes a standard of guilt by association.  It would allow an individual to be deported based on an inference that an individual is dangerous and therefore deportable, based solely on association rather than an individual person’s culpable conduct.  It would allow a determination that someone is a member of a street gang without a specific burden of proof.

This guilt by association approach could unfairly and disproportionally affect youth of color, immigrants living in inner-city neighborhoods and low-income communities and increase the use of racial profiling.

S.744 already makes immigrants deportable or inadmissible based on gang-related crimes.

The current bill already targets criminal gang members, imposing stiff immigration penalties.  The legislation makes anyone who has been convicted of a gang offense deportable.  It makes aliens convicted of a gang offense inadmissible and ineligible for Registered Provisional Immigrant (RPI) status.  It also makes aliens determined by DHS to have knowingly and willfully participated in a criminal street gang (since the age of 18) inadmissible and ineligible for RPI status even without a criminal conviction.  In addition, gang members who commit crimes could be deported based on their criminal records.  Senator Grassley’s amendment attempting to exclude and deport immigrants based on guilt by association runs contrary to the country’s longstanding history as a nation of immigrants, and undermines core American ideals of fairness and individual accountability.  

###

12:21 AM: the following is a press release from the Democratic Policy & Communications Committee:

SCHUMER BACKS HATCH PROPOSAL TO REQURE BIOMETRIC EXIT SYSTEM AT TOP 30 U.S. AIRPORTS

Measure Would Call for DHS to Take Fingerprints of Immigrants When They Leave Country On International Flights—Will Ensure Fool-Proof System For Tracking Foreigners Who Overstay Their Visas

Judiciary Committee Has Now Adopted 21 GOP-Sponsored Amendments During Four Days Of Mark-Up

WASHINGTON, DC—On the fourth day of the Senate Judiciary Committee’s consideration of the bipartisan immigration reform bill, U.S. Senator Charles E. Schumer (D-NY) endorsed a major amendment offered by Senator Orrin Hatch (R-UT) that would require the establishment of a biometric exit system at the 30 biggest U.S. airports in order to track immigrants when they leave the country on international flights.

The amendment passed the full committee by a 13-5.

Under the amendment, the Department of Homeland Security would have two years to set up a system for collecting biometric information—such as a fingerprint—of departing immigrants at the ten U.S. airports that support the highest volume of international air travel. In the sixth year after enactment, this system would need to be in place in all of the “Core 30” U.S. airports.

“Moving to a biometric system at our airports will bolster our national security. It will not be easy to get this cutting-edge system up and running at all 30 of the biggest airports, but we believe it is doable in the next five years,” Schumer said.

The approval of the Hatch amendment marks a compromise following the defeat of an amendment sponsored by Senator Jeff Sessions last week that would have required such a biometric exit system in place at all land, air and sea ports and delayed the adjustment of status for undocumented immigrants until this highly impractical requirement was met. The committee rejected this proposal on a bipartisan 6-12 vote.

The Hatch amendment moves the country toward a biometric exit system in a more gradual fashion, by focusing on the top 10 airports at first, and then, the next 20 busiest. After that, the independent Government Accountability Office would provide a plan for expanding the system to sea and land ports.

The “Core 30” airports in the United States are: ATL – Hartsfield-Jackson Atlanta International; BOS – Boston Logan International; BWI – Baltimore/Washington International; CLT – Charlotte Douglas International; DCA – Ronald Reagan Washington National; DEN – Denver International; DFW – Dallas/Fort Worth International; DTW – Detroit Metropolitan Wayne County; EWR – Newark Liberty International; FLL – Fort Lauderdale/Hollywood International; HNL – Honolulu International; IAD – Washington Dulles International; IAH – George Bush Houston Intercontinental; JFK – New York John F. Kennedy International; LAS – Las Vegas McCarran International; LAX – Los Angeles International; LGA – New York LaGuardia; MCO – Orlando International; MDW – Chicago Midway; MEM – Memphis International; MIA – Miami International; MSP – Minneapolis/St. Paul International; ORD – Chicago O`Hare International; PHL – Philadelphia International; PHX – Phoenix Sky Harbor International; SAN – San Diego International; SEA – Seattle/Tacoma International; SFO – San Francisco International; SLC – Salt Lake City International, and; TPA – Tampa International.

###

11: 51 AM: the following is a press release from the Senate Judiciary Committee majority staff:

RHETORIC: During Monday’s markup session, Republican Senators claimed that S.744 does not address border security concerns, and will do little to address security issues along the southern and northern borders.

• The bill commits as much as $6.5 billion to border security initiatives.  It requires DHS to develop a comprehensive border strategy and a southern border fencing strategy, and to ensure those strategies are operational before green cards are issued to formerly undocumented aliens. [§6(a)(3)]
• The United States already spends more money on immigration enforcement agencies than it does on all our major federal law enforcement agencies put together. The Border Patrol has over 21,000 agents, more than at any point in its history, and 650 miles of fencing have been built in the past eight years. [Migration Policy Institute]
•  The bill also contains extensive provisions to create a mandatory E-Verify system to be used by all employers within four years [§3101] and strengthens security by establishing a mandatory electronic exit system to track visa overstays.  [§3303]

In 2007, President Bush introduced a plan that made legalization contingent upon increased border increased border security, and calling for an increase in border patrol agents to 20,000, 300 miles of vehicle barriers, 370 miles of fencing, 105 radar and camera towers, and four surveillance drones.  The bill also asked for enough resources for Immigration and Customs Enforcement to detain up to 31,500 per day.

The Border Security, Economic Opportunity and Immigration Modernization Act will surpass these proposed investments, and direct billions in personnel and infrastructure resources to secure the border:

• 103 Integrated Fixed Towers to assist agents in detecting and tracking illegal entries along the border through a series of fixed surveillance towers and command and control equipment that displays a common operational picture and increases CBP’s situational awareness so it can more efficiently predict, respond to and deter attempted entries either on foot, animal, or vehicle;
• 505 Fixed Camera Systems with Remote Video Surveillance Systems;
• 232 Mobile Video Surveillance Systems to detect and track illegal incursions and allow for constant surveillance of surrounding areas;
• 4,455 Unattended Ground Sensors to automatically detect the presence of nearby persons or vehicles and then transmit this information back to a remote headquarters;
• 854 Handheld Equipment Devices Including Imaging and Night Vision to help detect unauthorized nighttime border crossings by registering body-heat as a signal;
• 11 Fixed Checkpoint Systems to create an enforcement presence along strategic routes, restricting the ability of criminal organizations to smuggle unauthorized immigrants and contraband across the border;
• 712 Mobile and Handheld Inspection Scopes and Sensors to allow CBP agents to survey difficult, hard-to-reach spaces, and can include cameras with telescoping lens mounted onto flexible gooseneck extenders.