[Congressional Record Volume 153, Number 86 (Thursday, May 24, 2007)]
[Senate]
[Pages S6622-S6625]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SUPPLEMENTAL APPROPRIATIONS
Mr. President, this so-called compromise doesn't do nearly enough to
end the war, and I intend to vote against it. I support our troops.
They have fought bravely and with great courage under extraordinarily
difficult circumstances. But it is wrong for the President to send our
troops to war without a plan to win the peace, and it is wrong for
Congress to keep them in harm's way on the current failed course.
The best way to protect our troops is to bring this war to an end,
not to pour more American lives into this endless black hole our Iraq
policy has become. It is wrong for Congress to continue to defer to a
Presidential decision that we know is fatally flawed.
The American people know this war is wrong. It is wrong to abdicate
our responsibilities by allowing this war to drag on and on and on
while our casualties mount higher and higher. The President was wrong
to get us into this war, wrong to conduct it so poorly, wrong to ignore
the views of the American people, and wrong to stubbornly refuse to
sign legislation requiring a timetable for the orderly and responsible
withdrawal of our combat troops from Iraq.
It is time to end this continuing tragic loss of American lives and
begin to bring our soldiers home.
For the sake of our troops, we cannot repeat the mistakes of Vietnam
and allow this war to drag on long after the American people know it is
a profound mistake.
Mr. President, how much time do I have?
The PRESIDING OFFICER. There is 3 minutes 20 seconds.
Mr. KENNEDY. Mr. President, before yielding so we can have a vote on
the amendment of the Senator from Vermont, I would like to respond to
my friend from Alabama regarding the earned-income tax credit.
The earned-income tax credit is to help children--help children. Of
all the industrialized nations of the world, we have more children
living in poverty than any other Nation in the world. The earned-income
tax credit is to help the children. They are not the lawbreakers; the
parents are the lawbreakers. Yet this amendment will take it out on the
children.
We don't do it for those who have committed murder and gone to
prison. We don't do it for those who have committed aggravated assault.
We don't do it for those who commit burglary, but we are going to do it
for those who have been adjusted in terms of their status of being
illegal. That is what the
[[Page S6623]]
Sessions amendment does. We don't do it for murderers, we don't do it
for burglars, we don't do it for those who have committed the most
egregious crimes, but we are going to do it in terms of those whose
positions we are changing and altering in terms of their adjustment of
status.
The people who are affected by it are the children. It doesn't seem
to be the way we ought to go. But we will have a longer period of time
to debate this at another time.
Amendment No. 1223
I believe now we are prepared to vote, and I suggest that we get to
it as quickly as we can so that we don't have other interference.
The PRESIDING OFFICER. The Senator from Vermont is recognized.
Mr. SANDERS. Mr. President, I will be very brief. I thank Senator
Durbin and Senator Kennedy for their support. This amendment has been
modified. The H-1B program would increase from $1,500 to $5,000, a
$3,500 increase. The new revenue, as I mentioned earlier, would be used
to establish a scholarship program so we can begin to see young
Americans get the education they need for these professions so that we
do not have to go abroad to bring people in to do the jobs that
American workers should be doing.
I would appreciate support for this amendment.
Mr. KENNEDY. I ask unanimous consent for 1 more minute.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. KENNEDY. I want to commend the Senator from Vermont for this
amendment. I intend to support it. Years ago I thought we ought to have
it at $3,000. It went down to $1,000, and it has come back up to
$1,500. The Senator has brought this up to a much more reasonable
amount. I think he has made a very strong case for it. These funds will
be used to make sure we get Americans being able to do those jobs. That
is what the purpose is: to see we have Americans able to do those jobs,
those H-1B jobs. It makes a great deal of sense. I commend the Senator.
There is one provision in here on the public hospitals, and I know he
will work with us to try to address that in the conference, and I thank
him for it. I hope the Senate will support his amendment.
I think we are prepared to vote on this amendment. I ask for the yeas
and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The Senator from Pennsylvania is recognized.
Mr. SPECTER. Mr. President, just a word or two. I think it is a good
amendment. I commend the Senator from Vermont. I urge my colleagues to
support it.
The PRESIDING OFFICER. The question is on agreeing to the amendment.
The yeas and nays have been ordered.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from South Dakota (Mr.
Johnson) and the Senator from New York (Mr. Schumer) are necessarily
absent.
Mr. LOTT. The following Senators are necessarily absent: the Senator
from Kansas (Mr. Brownback), the Senator from Utah (Mr. Hatch), the
Senator from Arizona (Mr. McCain), and the Senator from Wyoming (Mr.
Thomas).
Further, if present and voting, the Senator form Utah (Mr. Hatch)
would have voted: ``nay.''
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 59, nays 35, as follows:
[Rollcall Vote No. 179 Leg.]
YEAS--59
Akaka
Alexander
Biden
Bingaman
Boxer
Brown
Byrd
Cantwell
Cardin
Carper
Casey
Clinton
Cochran
Conrad
Dodd
Dorgan
Durbin
Feingold
Feinstein
Graham
Grassley
Harkin
Inouye
Kennedy
Kerry
Klobuchar
Kohl
Kyl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lincoln
Lugar
Martinez
McCaskill
Menendez
Mikulski
Murkowski
Murray
Nelson (FL)
Obama
Pryor
Reed
Reid
Rockefeller
Salazar
Sanders
Sessions
Shelby
Snowe
Specter
Stabenow
Stevens
Tester
Webb
Whitehouse
Wyden
NAYS--35
Allard
Baucus
Bayh
Bennett
Bond
Bunning
Burr
Chambliss
Coburn
Coleman
Collins
Corker
Cornyn
Craig
Crapo
DeMint
Dole
Domenici
Ensign
Enzi
Gregg
Hagel
Hutchison
Inhofe
Isakson
Lott
McConnell
Nelson (NE)
Roberts
Smith
Sununu
Thune
Vitter
Voinovich
Warner
NOT VOTING--6
Brownback
Hatch
Johnson
McCain
Schumer
Thomas
The amendment (No. 1223), as modified, was agreed to.
Mr. DURBIN. I move to reconsider the vote.
Mr. LEAHY. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
The PRESIDING OFFICER. The Senator from Massachusetts.
Mr. KENNEDY. Mr. President, we are anticipating a vote in the next 2
or 3 minutes. We will inform the Members about that decision. We are
checking with the leadership at the present time.
Mrs. BOXER. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. KENNEDY. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. KENNEDY. Mr. President, the Senator from Connecticut wishes to
propound a unanimous consent request, and then I will propound a
unanimous consent request that we will have 2 minutes evenly divided
between the Senator from Louisiana and myself, and then I expect we
will have a rollcall vote up or down on the Vitter amendment.
Mr. LIEBERMAN. Mr. President, I ask unanimous consent to set aside
the pending amendment so I might call up an amendment and then set it
aside.
The PRESIDING OFFICER. Without objection, it is so ordered.
Amendment No. 1191 to Amendment No. 1150
(Purpose: To provide safeguards against faulty asylum procedures and to
improve conditions of dention)
Mr. LIEBERMAN. Mr. President, I call up amendment No. 1191.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from Connecticut [Mr. Lieberman] proposes an
amendment numbered 1191 to amendment No. 1150.
Mr. LIEBERMAN. Mr. President, I ask unanimous consent that the
reading of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
(The amendment is printed in today's Record under ``Text of
Amendments.'')
Mr. LIEBERMAN. Mr. President, I have come to the floor to speak about
my amendment to improve our Nation's treatment of asylum seekers.
This amendment would implement the key recommendations of the
congressionally established U.S. Commission on International Religious
Freedom, which 2 years ago issued a report raising serious concerns
about the protections offered asylum seekers arriving in this country.
I think it is worth noting that the Commission that issued this
report was established by Congress in 1998 as a result of legislation
first introduced by Senator Specter, in concert with the efforts of
Senators Nickles, Brownback, myself, and several others. Senator
Specter should be proud of that work and accomplishment. I hope we can
see this amendment as one of the fruits of that labor.
The Commission reported an unacceptable risk that genuine asylum
seekers were being turned away because their fears--and the real
dangers--of being returned to their home countries were not fully
considered.
The Commission also found that while asylum seekers are having their
applications considered, they are often detained for months in maximum
security prisons and jails, without ever having been fairly considered
for release on bond. The Commission described conditions of detention
that are completely unacceptable for a just nation to impose on people
who are trying to escape war, oppression, religious persecution, even
torture.
[[Page S6624]]
Since the Commission's report was issued, I have routinely asked
officials from the Department of Homeland Security what is being done
about the problems the Commission identified. I have been assured that
the Department was reviewing the report's findings. The time for review
is over. The time for Congress to act is now.
My amendment will implement the Commission's most important
recommendations. It calls for sensible reforms that will safeguard the
Nation's security, improve the efficiency of our immigration detention
system, and ensure that people fleeing persecution are treated in
accordance with this Nation's most basic values.
My amendment would implement quality assurance procedures to ensure
that DHS officers carefully and accurately record the statements of
people who may have a legitimate fear of returning to their countries.
Asylum seekers not subject to mandatory detention would be entitled
to a hearing to determine if they could be released. Providing bond
hearings for those asylum seekers who are low-risk will free up
detention beds.
At an average cost of $90 per person per day, often much higher,
detention beds have always been scarce. Provisions in the Senate
legislation before us would vastly increase the numbers of aliens being
held in detention. Our immigration system should prioritize available
space for aliens who pose a risk of flight, a threat to public safety
or are subject to mandatory detention.
The amendment also promotes secure alternatives to detention of the
type DHS has already begun to implement.
For those who must remain detained, we are obliged as a compassionate
society to provide humane conditions at immigration facilities and
jails used by DHS. My amendment includes modest requirements to ensure
decent conditions, especially for asylum seekers, families with
children, and other vulnerable populations. It requires improvements in
key areas, such as access to medical care and limitations on the use of
solitary confinement. And it creates a more effective system within DHS
for overseeing and inspecting facilities.
The origin of the United States is that of a land of refuge. Many of
our Nation's founders fled here to escape persecution for their
political opinions, their ethnicity, and their religion. Since that
time, the United States has honored its history and founding values by
standing against persecution around the world, offering refuge to those
who flee from oppression, and welcoming them as contributors to a
democratic society.
I hope this amendment will be viewed as a noncontroversial way the
Nation can continue to honor that history.
Mr. President, I ask unanimous consent that my amendment be set aside
and that the Senate return to the previous order.
The PRESIDING OFFICER. Without objection, it is so ordered.
Amendment No. 1157
Mr. KENNEDY. Mr. President, we have 1 minute each side. This will be
the final vote on the immigration bill this week. We have had great
cooperation. We are enormously grateful to all the Members.
The PRESIDING OFFICER. The Senator from Louisiana.
Mr. VITTER. Mr. President, my amendment is very simple, it is very
straightforward, and it is very important. It strikes title VI from the
bill, which is the very controversial Z visa provision.
In my opinion, and the opinion of many people, many Americans, this
is amnesty purely and simply, and that conclusion is important not
because of a brand, not because of the word but because of what it
means and what it will create.
It will create a magnet to increase illegal activity into the
country, to encourage more of the same, more of the problem and not
solve the problem. That is why we must remove this title from the bill.
The key question in this debate is will this bill fundamentally
repeat the horrible mistakes of 1986 when we did amnesty but not nearly
enough enforcement. I believe this bill, as it stands now, repeats that
horrible mistake.
The PRESIDING OFFICER. The Senator's time has expired.
The Senator from Massachusetts.
Mr. KENNEDY. Mr. President, legalization is good for national
security. We need to know the names of everyone living here. That is
why the Department of Homeland Security supports earned legalization.
All of title VI was written with the close cooperation of Secretary
Chertoff and his staff.
Legalization is good for our economic prosperity. We need every
worker in this country to join the formal economy and pay their taxes.
That's why the Department of Commerce supports earned legalization. All
of title VI was written with the close cooperation of Secretary
Gutierrez and his staff.
Legalization is consistent with American family values. Would
opponents of legalization deport children and divide families?
More than 1.6 million undocumented children live in the United
States.
More than 3.1 million U.S.-citizen children have at least one
undocumented parent.
Legalization supports our broader reform effort. We must break
America's cycle of illegality. Enforcement at the worksite and
elsewhere will fail if 12 million Americans and 5 percent of U.S.
workers remain in the shadows.
The American people support earned legalization. Poll after poll find
that large majorities of Americans want undocumented immigrants who
have lived and worked in the United States to have a chance to keep
their jobs and earn legal status.
This support spans political parties and crosses demographics.
Americans understand that this is a complex problem that requires a
comprehensive solution.
Mr. President, this is not 1986; 1986 was amnesty. This is not
amnesty. Let's be very clear about it. Not only do you have to have a
background check, but you pay fees of $5,500, you have to learn
English, you have to demonstrate you paid your taxes, you have to work
for the next 8 years and demonstrate that you have worked in the past
if you are ever going to get a green card. You have to return home in
order to get your application for a green card, and you have to go to
the back of the line. None of that was 1986.
Legalization is important for our national security. We have to know
who is in the United States of America. Legalization is important in
terms of our economic prosperity so our economy can function well, and
legalization is important for the families. Do we think we are going to
deport 3.5 million American children who have parents who are
undocumented? Are we going to send those people overseas?
This amendment will undermine the legislation. I hope it will be
rejected by the Senate.
I ask for the yeas and nays, Mr. President.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The question is on agreeing to amendment No. 1157. The clerk will
call the roll.
The assistant legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from South Dakota (Mr.
Johnson) and the Senator from New York (Mr. Schumer) are necessarily
absent.
Mr. LOTT. The following Senators are necessarily absent: the Senator
from Kansas (Mr. Brownback), the Senator from Utah (Mr. Hatch), and the
Senator from Wyoming (Mr. Thomas).
The PRESIDING OFFICER (Mr. Nelson of Florida). Are there any other
Senators in the Chamber desiring to vote?
The result was announced--yeas 29, nays 66, as follows:
[Rollcall Vote No. 180 Leg.]
YEAS--29
Alexander
Allard
Baucus
Bond
Bunning
Byrd
Coburn
Cochran
Corker
Crapo
DeMint
Dole
Dorgan
Enzi
Grassley
Inhofe
Landrieu
McCaskill
McConnell
Nelson (NE)
Pryor
Roberts
Rockefeller
Sessions
Shelby
Sununu
Tester
Thune
Vitter
NAYS--66
Akaka
Bayh
Bennett
Biden
Bingaman
Boxer
Brown
Burr
Cantwell
Cardin
Carper
Casey
Chambliss
Clinton
Coleman
Collins
Conrad
Cornyn
Craig
Dodd
Domenici
Durbin
Ensign
Feingold
Feinstein
Graham
Gregg
Hagel
Harkin
Hutchison
Inouye
Isakson
Kennedy
[[Page S6625]]
Kerry
Klobuchar
Kohl
Kyl
Lautenberg
Leahy
Levin
Lieberman
Lincoln
Lott
Lugar
Martinez
McCain
Menendez
Mikulski
Murkowski
Murray
Nelson (FL)
Obama
Reed
Reid
Salazar
Sanders
Smith
Snowe
Specter
Stabenow
Stevens
Voinovich
Warner
Webb
Whitehouse
Wyden
NOT VOTING--5
Brownback
Hatch
Johnson
Schumer
Thomas
The amendment (No. 1157) was rejected.
Mr. KENNEDY. Mr. President, I move to reconsider the vote.
Mrs. MURRAY. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
____________________