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Senate Immigration Bill – Path to Citizenship Remains Intact as #CIRMarkup Reaches Home Stretch

From America’s Voice Educational Fund

Washington, DC – Having worked through a majority of its amendments, the Senate Judiciary Committee is in the final stages of marking up the bipartisan immigration reform bill.  According to Judiciary Committee Chairman Patrick Leahy (D-VT), who led the process thoughtfully and fairly, the markup is likely to finish today.

The biggest takeaway?  Although some call the path to citizenship the most controversial element in the bill, we know citizenship is actually a consensus issue that is the heart of immigration reform.  It turns out that a majority of Senate Judiciary Committee members agree.  Despite the best efforts of Senators Chuck Grassley (R-IA), Jeff Sessions (R-AL), John Cornyn (R-TX), Ted Cruz (R-TX), and Mike Lee (R-UT), the path to citizenship included in the “Gang of 8” bill has not only survived, it has thrived.

According to Frank Sharry, Executive Director of America’s Voice: “The Gang of 8 found the sweet spot, crafting legislation that combines very tough enforcement with an achievable path to citizenship with legal immigration reforms.  The bill has withstood attacks and will emerge from committee stronger than when it went in. We’re on our way to a modern immigration system that works.”

Below are key takeaways from the markup process.  For a full explanation and description of the amendments and their implications, visit the amendments section of the America’s Voice website.

• Throughout the amendment process, the path to citizenship not only survived, but thrived. The Judiciary Committee rejected all major amendments designed to weaken the path to citizenship, including triggers to further delay implementation (such as Grassley1, Grassley4, Cruz1); and reduce the number of people who qualify for legal status (Grassley11); or make the program simply unworkable (including but certainly not limited to Lee8, Lee10, Grassley11/17/43, Cornyn5).

Instead, the Committee added provisions to actually make the program more workable.  An amendment from Senator Mazie Hirono (D-HI), which is consistent with one also filed by Chairman Leahy, will allow immigrants who get on the path to citizenship to pay their fines in installments, rather than a lump sum.  And an important amendment from Senator Richard Blumenthal (D-CT) will allow newly legalized immigrants who serve in the U.S. armed forces to access citizenship through the same process as any other immigrant serving in the military.

• Other additions enhance enforcement practices, due process, and worker rights.  A number of amendments passed that will improve existing immigration law, such as Blumenthal2 (restricting use of solitary confinement) and Coons2 (limiting dangerous deportations); Franken7/Franken8/Feinstein6/Hirono22 (dealing with protections for children), Blumenthal8 (limiting enforcement actions at sensitive locations); and Coons 5/6 (providing access to records while in deportation proceedings/detention).  Workers’ rights were also advanced through the addition of Schumer5 (W visa portability); Blumenthal4/5 (regulating foreign recruiters); Blumenthal18 (withholding of employment records); Coons1 (notifying people of E-Verify inquiries); and Franken2/4 (dealing with E-Verify and small businesses).

• Pro-immigrant coalition lost on some amendments, but the center held on the vast majority.  Notably, many of the amendments we supported passed on voice vote, indicating that they were in fact non-controversial.  While some amendments the pro-immigrant coalition opposed ended up passing, on balance the positives far outweigh the negatives.  But some people still haven’t gotten the message.  This afternoon, Ted Cruz is expected to offer his amendment number 3, which would prohibit anyone who had been undocumented for any period of time from every becoming a United States citizen in the future.  The amendment is clearly thought of as a “message amendment” to show how tough Senator Cruz wants to be on immigrants.  But with the GOP’s political future hanging in the balance, is that really the message he wants to send?

Concluded Sharry: “The bill emerging from the Senate Judiciary Committee is an important step forward for immigration reform. It’s not a perfect bill — the enforcement is excessive and it does not include all families — but passage out of the Senate Judiciary Committee with strong bipartisan support will bring us closer to the promised land of victory.”

Resources

• America’s Voice Series on “Amendments that Matter”: http://americasvoiceonline.org/research/key-amendments-filed-in-senate-judiciary-committee-to-s-744/

Follow Frank Sharry and America’s Voice on Twitter: @FrankSharry and @AmericasVoice

America’s Voice — Harnessing the power of American voices and American values to win common sense immigration reform 

www.americasvoiceonline.org

From The Senate Judiciary Committee Majority Staff #cirmarkup

S. 744: The Border Security, Economic Opportunity, and Immigration Modernization Act

#CIRmarkup: Judiciary Committee Begins Fifth Day of Markup

RECAP:  The Senate Judiciary Committee has concluded four days of markup of the Border Security, Economic Opportunity, and Immigration Modernization Act. The Committee has considered over 165 amendments, offered by both Republicans and Democrats, to every title of the bill.

Coming Up Today in the Committee

Today, the Committee will continue consideration of Title II, which includes the provisions relating to an earned path to citizenship, the agricultural worker program, future immigration and other immigrant programs.  The Committee has completed consideration of Title I, Title III, and the “pre-title” of the bill related to triggers.  The Committee is expected to work into the evening during today’s markup session.

• Watch the markup proceedings online: Continuation of Executive Business Meeting
• Watch live on C-SPAN: http://www.c-span.org/
• Developments are available on Twitter by following @SenatorLeahy and #CIRmarkup: https://twitter.com/SenatorLeahy
• Results of Committee votes on amendments are available on the Senate Judiciary Committee website: http://www.judiciary.senate.gov/

*Scheduling Note: The Committee is expected to recess to allow for the weekly caucus lunches.

The nation was built by immigrants pursuing the American dream.  Comprehensive immigration reform will keep that dream alive for millions seeking opportunity in the United States.

The Border Security, Economic Opportunity, and Immigration Modernization Act is a thoughtful, realistic approach to meaningful immigration reform.  For generations, dating back to the Founders, immigrants have sought opportunity in the United States, and the chance to work and prosper. The nation was built by immigrants pursuing freedom and opportunity.

• Immigrants Support the Economy: Through generations, immigrants have supported the economy, contributing to the innovation and entrepreneurial spirit that drives America’s economy and makes the nation a leader in the global marketplace.  Immigrants also help sustain our local farms and seasonal businesses.  S.744, and amendments adopted by the Judiciary Committee, will strengthen the opportunities available to high-skilled immigrants, and address the labor needs of American businesses.

• America As a Beacon of Hope: Since the founding of the nation, refugees and asylees have sought freedom from persecution in America, which has represented a beacon of hope for millions.  S.744 will remove barriers for refugees fleeing discrimination and violence in their native countries and those seeking a better life for themselves and their families.  America’s immigrants are woven into the fabric of the nation, and support the goals and ideals on which the nation was founded.

• An Earned Path to Citizenship and Commitment to Families: Citizenship is a right cherished by of hundreds of millions of Americans.  S.744 provides a hard-earned path to citizenship for the millions of undocumented workers pursing the American dream who are already contributing members of our communities.  Amendments adopted by the Judiciary Committee will further improve family unification policies.

• Immigration in the 21^st Century: The threats facing the nation are varied from those faced even a generation ago.  S.744 recognizes that border security is in fact a matter of national security, and devotes unprecedented resources to securing the nation’s borders and ports of entry, while recognizing that addressing the millions of undocumented workers in the United States will strengthen our national security.

The Senate Judiciary Committee Majority Staff On Cornyn 3

From The Senate Judiciary Committee Majority Staff
S. 744: The Border Security, Economic Opportunity, and Immigration Modernization Act

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.

Grassley49 & Sessions39: Legalizing Profiling Will Eliminate Key Protections to Protect All Americans #cirmarkup

From The Senate Judiciary Committee Majority Staff
S. 744: The Border Security, Economic Opportunity, and Immigration Modernization Act

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.

Grassley49 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.

 

From The Senate Judiciary Committee Majority Staff #cirmarkup

S. 744: The Border Security, Economic Opportunity, and Immigration Modernization Act

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.