Senate Debates Comprehensive Immigration Bill

This week, the Senate began its consideration of a bill (S. 2454) that would enhance international land and maritime border security. The House approved similar legislation (H.R. 4437) on December 16 (see The Source, 12/21/05).

On March 27, the Senate Judiciary Committee approved, 12-6, a more comprehensive measure (as-yet-unnumbered) to address border security and reform U.S. immigration laws. Sen. Arlen Specter (R-PA) offered the committee bill as a substitute amendment to S. 2454, and the Senate is expected to approve the amendment next week.

The committee measure would include provisions to increase technological surveillance capabilities and to hire and train additional border patrol agents. The bill also would create a guest workers program and provide temporary visas for students pursuing an advanced degree in math, science, or engineering. In addition, spouses, children, and parents of U.S. citizens would be exempted from the annual 480,000 cap for family-sponsored immigrant visas.

During consideration of the bill, the Senate Judiciary Committee approved the following amendments:

• an amendment by Sen. Ted Kennedy (D-MA) that would require the Department of Homeland Security (DHS) to ensure coordination of border security efforts among U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, and state, local, and tribal authorities in order to combat human smuggling, by voice vote;
• an amendment by Sen. Jeff Sessions (R-AL) that would provide for the mandatory detention of aliens apprehended at or between U.S. ports of entry, but would allow certain exceptions for urgent humanitarian reasons, by voice vote;
• an amendment by Sen. Jon Cornyn (R-TX) that would prohibit a U.S. citizen or permanent resident who had been convicted of a sexual offense from filing a citizenship petition for an alien spouse unless the DHS determines that the individual does not pose a risk to the alien, by voice vote;
• an amendment by Chair Arlen Specter (R-PA) that would exempt from penalty asylum seekers or refugees who had used forged documents to gain entry into the United States, by voice vote;
• an amendment by Sen. Dick Durbin (D-IL) that would provide legal protection to organizations providing humanitarian assistance to illegal immigrants, 10-7;
• an amendment by Sen. Sessions that would expand the definition of aggravated felony to include murder, manslaughter, homicide, rape, or sexual abuse of a minor, by voice vote; and
• an amendment by Sen. Sam Brownback (R-KS) that would expand the definition of special immigrant to include minors with no natural parent or prior adoptive parent or a female who has a credible fear of harm related to her sex and lack of adequate protection from such harm, by voice vote.The committee rejected, 7-10, an amendment by Sen. Jon Kyl (R-AZ) that would have limited legal protection for providing humanitarian assistance to illegal immigrants only to religious organizations providing transportation, educational services, legal services, and food and water.