Statement Of Sen. Patrick Leahy
Comprehensive Immigration Reform
Senate Floor
May 22, 2006

When the Senate resumed its consideration of comprehensive immigration reform last week I began by expressing my hope that we would finish the job the Judiciary Committee started in March and the Senate began in April.  We need to fix the broken immigration system with tough reforms that secure our borders and with reforms that will bring millions of undocumented immigrants out of the shadows.  I have said all along that Democratic Senators cannot pass a fair and comprehensive bill alone.  Last week we got some help. 

We got some words of encouragement from President Bush last Monday night when he began speaking out more forcefully and in more specific terms about all of the components needed for comprehensive legislation.  For the first time, he expressly endorsed a pathway to earned citizenship for the millions of undocumented workers now here.  I thank him for joining in this effort.  We will need his influence with the recalcitrant members of his party here in the Senate, and especially in the House, if we are ultimately to be successful in our legislative effort.  Without effective intervention of the President, this effort is unlikely to be successful and the prospects for securing our borders and dealing with the hopes of millions who now live in the shadows of our society will be destroyed.  Those who have peacefully demonstrated their dedication to justice and comprehensive immigration reform should not be relegated back into the shadows. 

Last week the Senate made progress.  We made progress because Democratic and Republican Senators working together rejected the most strident attacks on the comprehensive bill that we are considering.  We joined together in a bipartisan coalition in the Judiciary Committee when we reported the Judiciary Committee bill.  Democratic Senators were ready to join together in April and supported the Republican Leader's motion that would have resulted in incorporating features from the Hagel-Martinez bill, but Republicans balked at that time and continued to filibuster action.  Last week, Republicans joined with us to defend the core provisions of that bill, and we defeated efforts by Senators Kyl and Cornyn to gut the guest worker provisions and to undermine the pathway to earned citizenship.  Instead, we adopted the Bingaman amendment to cap the annual guest worker program at 200,000 and the Obama amendment regarding prevailing wages in order to better protect the opportunities and wages of American workers.

I spoke last week about the need to strengthen our border security after more than 5 years of neglect and failure by the Bush-Cheney Administration.  A recent report concluded that the number of people apprehended at our borders for illegal entry fell 31 percent on President Bush’s watch, from a yearly average of 1.52 million between 1996 and 2000, to 1.05 million between 2001 and 2004.  The number of illegal immigrants apprehended while in the interior of the country declined 36 percent, from a yearly average of roughly 40,000 between 1996 and 2000, to 25,901 between 2001 and 2004.  Audits and fines against employers of illegal immigrants have also fallen significantly since President Bush took office.  Given the vast increases in the number of Border Patrol Agents, the decline in enforcement can only be explained by a failure of leadership. 

The recent aggressive and well-publicized enforcement efforts to detain illegal immigrants seem to be election-year posturing that does little to improve the situation.  We need comprehensive reform, backed up by leadership committed to using the tools Congress provides, not to piecemeal political stunts. 

Once again the Administration is turning to the fine men and women of National Guard.  After our intervention turned sour in Iraq, the Pentagon turned to the Guard.  After the government-wide failure in responding to Hurricane Katrina, we turned to the Guard.  Now, the Administration's longstanding lack of focus on our porous Southern border and failure to develop a comprehensive immigration policy has prompted the Administration to turn once again to the Guard.  I remain puzzled that this Administration, which seems so ready to take advantage of the Guard, fights so vigorously against providing this essential force with adequate equipment, a seat at the table in policy debates, or even adequate health insurance for the men and women of the Guard.

I have cautioned that any Guard units should operate under the authority of State governors.  In addition, the Federal Government should pick up the full costs of such a deployment.  Those costs should not be foisted onto the States and their already overtaxed Guard units.

Controlling our borders is a national responsibility, and it is regrettable that so much of this duty has been punted to the States and now to the Guard.  The Guard is pitching in above and beyond, balancing its already demanding responsibilities to the States, while sending troops who have been deployed to Iraq.  The Guard served admirably in response to Hurricane Katrina when the Federal Government failed to prepare or respond in a timely or sufficient manner.  The Vermont Guard and others have been contributing to our national security since the immediate aftermath of 9/11.  After 5 years of failing to utilize the authority and funding Congress has provided to strengthen the Border Patrol and our border security, the Administration is, once again, turning to the National Guard.

It was instructive that last week President Bush and congressional Republicans staged a bill-signing for legislation that continues billions of dollars of tax cuts for the wealthy.  Instead of a budget with robust and complete funding for our Border Patrol and border security, the President has focused on providing tax cuts for the wealthiest among us.  Congress has had to step in time and again to create new Border Agent positions and direct that they be filled.  Instead of urging his party to take early and decisive action to pass comprehensive immigration reform, as he signaled he would in February 2001, the President began his second term campaigning to undercut the protections of our Social Security system, and the American people signaled their opposition to those undermining steps.  While the President talks about the importance of our first responders, he has proposed 67 percent cuts in the grant program that supplies bulletproof vests to police officers. 

Five years of the Bush-Cheney Administration’s inaction and misplaced priorities have done nothing to improve our immigration situation.  The Senate just passed an emergency supplemental appropriations bill that allocated nearly $2 billion from military accounts to border security.  The Democratic Leader had proposed that the funds not be taken from the troops.  But last week the President sent a request for diverting a like amount of funding, intended for capital improvements for border security, into operations and deployment of the National Guard.  The Republican Chairman of the Senate Appropriations Subcommittee on Homeland Security came to the Senate floor last week to give an extraordinary speech in this regard. 

In addition, last week the Senate adopted a billion dollar amendment to build fencing along the Southern border without saying how it would be funded.  We also adopted amendments by Senators Bingaman, Kerry and Nelson of Florida to strengthen our enforcement efforts. 

Border security alone is not enough to solve our immigration problems.  We must pass a bill – and enact a law -- that will not only strengthen the security along our borders, but that will also encourage millions of people to come out of the shadows.  When this is accomplished we will be more secure because we will know who is living and working in the United States.  We must encourage the undocumented to come forward, undergo background checks, and pay taxes to earn a place on the path to citizenship. 

Last week we defeated an Ensign amendment to deny persons in legal status the Social Security benefits to which they are fairly entitled.  I believe that most Americans will agree with that decision as fair and just.  It maintains the trust of the Social Security Trust fund for those workers who contribute to the fund.

The opponents of our bipartisan bill have made a number of assaults on our comprehensive approach.  Senators Kyl, Sessions and Cornyn opposed the Judiciary Committee bill.  Senators Vitter, Ensign and Inhofe have been very active in the amendment process, as well.  I hope that they recognize how fairly they have been treated and the time they have been given to argue their case against the bill and offer amendments.  We have adopted their amendments where possible.  A narrowed version of the Kyl-Cornyn amendment disqualifying some from seeking legalization was adopted.  The Sessions amendment on fencing was adopted.  The Vitter amendment on documents was adopted.  The Ensign amendment on the National Guard is being considered.  Over my strong objection and that of the Democratic leader, Senator Salazar and others, a modified version of the Inhofe amendment designating English as our national language was even adopted.  This amendment is wrong and has understandably provoked a reaction from the Latino community as exemplified by the May 19 letter from the League of United Latin American Citizens, the Mexican American Legal Defense and Educational Fund, the National Association of Latino Elected Officials Educational Fund, the National Council of La Raza, the National Puerto Rican Coalition, and from a larger coalition of interested parties as reflected in a May 19 letter from 96 national and local organizations.  I ask that copies of these two letters be included in the record following my statement.

I trust that with so many of their amendments having been fairly considered and some having been adopted, those in the opposition to this measure will reevaluate their previous filibuster, that they will vote for cloture, and, I will hope, support the compromise bill.

Immigration reform must be comprehensive if it is to lead to real security and real reform.  Enforcement-only measures may sound tough but they are insufficient.  The President has acknowledged this truth.  Our bipartisan support of the Senate bill is based on our shared recognition of this fact.  In these next few days, the Senate has an opportunity, and a responsibility, to pass a bill that addresses our broken system, with comprehensive immigration reform. 

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