Amendments Likely to be Voted On In Senate CIR Debate
*Below is a list of amendments likely to be voted on. Amendments that AILA has taken a position on are noted accordingly. Because this document is updated daily as the Senate debate progresses, it includes the outcome of amendments already voted on.
*Updated 5/22/06 (8:00 pm)
Amendment Number
Sponsor(s)
Summary
AILA’s Position
Outcome
Isakson (R-GA)
~requires DHS to certify that U.S. borders are secure and new detention facilities are fully operational before the guest worker and legalization programs could take effect.
OPPOSE
Failed
Salazar (D-CO)
~authorizes President to trigger implementation of the guest worker and legalization provisions by certifying that they would strengthen the national security of the United States.
Passed
SA 4017
Dorgan (D-ND)
Stabenow (D-MI)
~eliminates guest worker program
OPPOSE
Tabled (permanently kills pending matter and ends further debate)
Bingaman (D-NM)
Feinstein (D-CA)
~lowers the number of guest workers authorized for “essential” jobs to 200,000, and eliminates the market-based cap adjustment in the Senate bill.
OPPOSE
Adopted by voice vote. (Vote to table did not pass).
SA 3999
Kerry (D-MA)
~increases border security and related equipment.
Adopted by voice vote.
Kyl (R-AZ)
Cornyn (R-TX)
~prohibits undocumented person from obtaining legalization if he is a convicted felon or has had three convictions for misdemeanors—largely redundant provisions. The significant change proposed is the bar to legalization for those who have already been ordered removed. Provides DHS with discretionary waiver authority.
OPPOSE
Passed.
SA 3979
Sessions (R-AL)
Santorum (R-PA)
~authorizes 370 miles of border fencing and vehicle barriers along US-Mexico border
OPPOSE
Passed
SA 3971
Obama (D-IL)
~inserts provisions for determination of prevailing wage. Prevailing wage is the wage set forth in existing collective bargaining agreement. Absent such agreement, if occupation is covered by wage determination, prevailing wage is the appropriate statutory wage. Absent both of these, prevailing wage based on published wage data for the occupation from the Bureau of Labor Statistics first, or DOL wage determination second.
Adopted by voice vote.
SA 3963
Vitter (R-LA)
Kyl (R-AZ)
Ensign (R-NV)
Sessions (R-AL)
Chambliss (R-GA)
Grassley (R-IA), et al.
~strikes bill provisions allowing undocumented person to obtain a green card while in the U.S.
OPPOSE
Failed
SA 4018
Stevens (R-AK)
Leahy (D-VT)
~ amends Section 7209 (b)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1185 note) by striking “January 1, 2008”
Passed
and inserting “June 1, 2009”.
SA 3965
Cornyn (R-TX)
Kyl (R-AZ)
Sessions (R-AL)
Ensign (R-NV), et al.
~strikes the bill provisions allowing new H-2C (guest worker) visa holders to self-petition for a green card.
OPPOSE
Passed
SA 4065
Kennedy
McCain
Graham
~alternative to SA 3965. Allows H-2C worker after 4 years to file labor cert application with DOL to certify no US workers available. If approved, worker can demonstrate eligibility by providing 2 of 4 official government documents (SSA; IRS; official employer records; any other government agency documents) proving the requisite prior employment.
Support
Passed
SA 3985
Ensign (R-NV)
~bars people who have legalized from consolidating their social security earnings and obtaining eventual benefits
OPPOSE
Tabled (permanently kills pending matter and ends further debate)
SA 4029
Akaka (D-HI)
~grants special immigrant status to children of Filipino World War II veterans
Adopted by voice vote
SA 3964
Vitter (R-LA)
~strikes bill provisions allowing undocumented individual to self-attest to the requirements for legalization (i.e., time in country and period of work).
OPPOSE
Adopted by voice vote
SA 4064
Inhofe (R-OK)
Sessions (R-AL)
~mandates that English become the official “national language” of the United States; requires that English be used in all official business of the United States; requires passage of an English proficiency test for citizenship.
OPPOSE
Passed
SA 4073
Salazar (D-CO)
~alternative to SA 4064. States that English be recognized as the “common and unifying language” of the United States.
Passed
SA 4072
Clinton (D-NY)
Salazar (D-CO)
Schumer (D-NY)
Boxer (D-CA)
Obama (D-IL)
~provides financial support to state and local governments for certain efforts/services related to immigration. Funding derived solely from existing fees within S.2611, including fees paid by H-2C guest workers applying for citizenship. Funding does not come from funds allocated to border security.
Failed
SA 4038
Cornyn (R-TX)
~alternative to SA 4072. Imposes additional fees (not currently in S.2611) on undocumented immigrants applying for guest worker status, in order to provide financial support to state and local governments for certain efforts/services related to immigration.
Passed
SA 3969
Kyl (R-AZ)
Cornyn (R-TX)
Chambliss (R-GA)
Ensign (R-NV), et al.
~strikes the bill provision allowing any kind of path to a green card by H-2C guest worker visa holders
OPPOSE
Tabled (permanently kills pending matter and ends further debate)
SA 3998
Nelson (D-FL)
~increases the number of detention beds by an additional 20,000
Adopted by voice vote.
SA 4099
Chambliss (R-GA)
Alexander (R-TN)
Bond (R-MO)
~amends H-2A program to require employers of agricultural workers to pay prevailing wage rate, doing away with adverse effect wage rate.
Tabled
(permanently kills pending matter and ends further debate)
SA 4076
Ensign (R-NV)
~provides reimbursement for the use of National
Passed
Guard to protect the border
SA 4087
Feinstein (D-CA)
~modifies conditions on which undocumented aliens present in US are granted legal status. Creates biometric “Orange Card” to streamline process for earned legalization, and eliminates 3-tiered system for earned legalization.
SA 4020
Brownback (R-KS)
Lieberman (D-CT)
~safeguards the rights of asylum seekers and others in immigration detention by: requiring the videotaping of interviews at ports of entry (to ensure CBP follows proper procedures and alien’s statements are recorded accurately); mandating accurate translation services; mandating an initial parole determination be made by DHS within 72 hours of the alien’s detention, and a de novo review by an immigration judge within two weeks after that; establishing consistent criteria for the release determination; requiring that DHS develop new standards or modify existing standards to improve detention conditions in several areas, including the use of shackling and solitary confinement, and access to legal counsel and medical care; mandating that Non-criminal non-violent detainees be separated from inmates with criminal convictions; establishing an Office of Detention Oversight within DHS to conduct inspections of detention facilities and investigations; and requiring the nation-wide expansion of a “secure alternatives” program, providing more humane alternatives to prisons and jails for detainees.
Support
Cornyn (R-TX)
Kyl (R-AZ)
Sessions (R-AL)
~strikes provisions that preserve confidentiality of information provided by program applicants
OPPOSE
SA 3991
Grassley (R-IA)
~requires that undocumented persons pay all back taxes before legalization (Note: S. 2611 already requires that Group 1 aliens pay taxes for 3 of the 5 years that they were a resident in the United States).
OPPOSE
Hutchison (R-TX)
~Secure Authorized Foreign Employee (SAFE) Visa. - Proposes the creation of a new, guest worker (future flow) program; does not offer social services or a path to citizenship. Applicants must apply from home country, complete background check, have proof of employment and return to their country of origin for two months of the year. Safe visa is renewable. Employer is responsible for standard payroll withholding/deductions and must pay prevailing wage.
OPPOSE
Kyl (R-AZ)
~strikes bill provisions allowing unauthorized aliens to obtain a green card, but it provides a humanitarian exemption (for elderly and others).
OPPOSE
SA 4083
Feingold (D-WI)
~ strikes bill section 227(c), which would preclude courts from staying the removal of any alien pursuant to a final order unless the alien shows by clear and convincing evidence that the entry or
Support
execution of such order is prohibited as a matter of law.
SA 3972
Leahy (D-VT)
~deletes the injunction-stripping language of bill sections 421-423. These sections make it more difficult to get meaningful relief when DHS misinterprets immigration laws, whether the affected individuals are asylees, LPRs, guestworkers, or S. 2611 legalization applicants.
Support
Burns (R-MT)
~Prohibits counting of undocumented for reapportionment purposes
SA 3980
Cornyn (R-TX)
~Requires that some fees/fines paid by undocumented to become legalized go to a health care fund to reimburse hospitals
SA 4054
Gregg (R-NH)
~requires that aliens with higher educational degrees receive the majority of the diversity visas
McConnell (R-KY)
~Voting amendment
Santorum (R-PA)
~provides that to obtain a visa under the H-1b visa cap, a foreign professor who intends to teach at an American university must speak fluent English.
Santorum (R-PA)
~adds countries to the Visa Waiver Program that contributed substantially to U.S. coalition efforts in the war in Iraq and Afghanistan, and that are members of the European Union. (Note: this amendment is designed to allow Poland visa waiver status).
Sessions (R-AL)
~clarifies that undocumented immigrants who become legalized are prohibited from public benefits