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Senate Votes for Border Fences and Path to Citizenship for Many of the Undocumented

The Senate today voted to approve the building of 370 miles of fences along the Mexico U.S. border. The cost is estimated at "$3.2 million per mile, more than $900 million for 300 miles."

On the flip side, the Senate okayed a plan allowing undocumented residents who have been in the U.S. for two years and who have not incurred either a felony conviction or three misdemeanor convictions to remain in the U.S.

The Senate is holding hearings all week on the Hagel-Martinez bill (S. 2611)passed by the Senate Judiciary Committee in April. The votes today were on amendments to the bill. Here is a daily updated chart of all Amendments and outcomes, thanks to AILA (American Immigration Lawyers Association.) The first one taken up was the Kyl-Cornyn Amendment (No. 4027.) It passed by a vote of 99 to 0. This is the Amendment that bars undocumented residents with criminal records from remaining in the U.S. AILA has the particulars of the Amendment (pdf).

[4027] would render certain aliens ineligible to participate in the bill's earned adjustment and deferred mandatory departure programs, including aliens: (1) subject to final orders; (2) who failed to depart after a grant of voluntary departure; (3) who are subject to reinstatement of removal after illegal reentry; (4) who have been convicted of a serious crime here; who are believed to have committed a serious crime outside the U.S.; or who are believed to be a danger to the security of the U.S.; or (5) who have been convicted of a felony or 3 or more misdemeanors.

A discretionary waiver would be available for non-criminal aliens who: (1) failed to receive notice of removal proceedings; or (2) establish that their failure to appear was due to exceptional circumstances; or (3) can demonstrate that their departure would result in extreme hardship to a U.S. citizen or lawful permanent resident spouse, parent or child.

Senators Kyl and Cornyn offered a different version of the amendment during earlier proceedings on the bill, but it was never brought to a vote. This reworked version contains ameliorative provisions that would broaden waiver language allowing more individuals to participate in legalization

The Senate then moved on to Amendment No. 3979 sponsored by Jeff Sessions (R-AL.) AILA reports (same link):

[No. 3979] would provide for the construction of at least 370 miles of triple-layered fencing and 500 miles of vehicle barriers in areas along the southwest border that the Secretary determines are areas that are most often used by smugglers and aliens attempting to gain entry into the U.S. In addition, the amendment would require the DHS to repair and extend existing fencing, and construct vehicle barriers, in the Tucson and Yuma sectors. All construction would be required to be completed within two years of the bill's enactment.

This passed by a vote of 83 to 16.

Sen. Vitter then tried to undo the provisions for the undocumented. Happily, it failed by a vote of 33 to 66.

Senator Vitter (R-LA) offered the next amendment (no. 3963) which would strike the sections of the bill providing for earned adjustment, deferred mandatory departure, and earned adjustment for agricultural workers (sections 601 through 614). Senators Hagel, Martinez, Kennedy, Durbin, McCain and others spoke out passionately against the amendment and others, such as Senator Sessions, took to the floor in support of the Vitter amendment.

There were some other voice votes, see the AILA link for a description. More amendments will be voted on tomorrow.

The Senate is expected to pass a full immigration bill next week, which will then have to be reconciled with big, bad H.R. 4437, the House bill that would make every undocumented resident subject to felony prosecution and build 700 miles of border fences. [Here's the official link to 4437.]

There's still time to call your Senators and ask them to Call your Senators this week and ask them to defend S. 2611 against any negative amendments and support those that would strengthen the bill. Just enter your zip code in the box on this page and you will get your phone numbers for your senators and some talking points.

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    Re: Senate Votes for Border Fences and Path to Ci (none / 0) (#1)
    by squeaky on Wed May 17, 2006 at 09:11:50 PM EST
    Haliburton builds the prison complex and fences, and since there are not enough national guard troops Blackwater will get the security contract. Gee Wizz we can have our very own Faluja. What a great idea to get everyones mind off the complex and confusing WOT. Shoot the illegals. Bring it home. digby is a great read:
    So where are the fevered 101st keyboarders and their yellow elephant buddies going to put all that frustrated, video game-fueled testosterone and hatred for "the enemy?" They're going to put it where it's easiest, where they can enjoy it and where they don't have to put their own miserable lives on the line: against illegal immigrants, including women and children.
    digby
    Re: Senate Votes for Border Fences and Path to Ci (none / 0) (#2)
    by pax on Wed May 17, 2006 at 09:30:54 PM EST
    Thanks for the link to AILA. As a retired immigration officer I have been totally frustrated by the MSM saying "on a path to citizenship". They don't know the diference between a nonimmigrant, an immigrant and a citizen. Don't know why I never really sought out a source of information that uses terminology that I understand, but now I have one. Thanks again.

    Haliburton builds the prison complex and fences, and since there are not enough national guard troops Blackwater will get the security contract
    Plans are to have the ceremonious first nail struck from the hammer of Dick Cheney.

    There's more on what the "path to citizenship" means here: The line the current illegals will go to the back of is the citizenship line. Under the proposed law, current illegals, newly minted green card in hand, will have to wait six years, then get in line to apply for citizenship. But even after six years, they will be years ahead of many people who have gone through the legal process and are waiting overseas for a consular official to let them come here. How's that for a slap in the face to all those suckers who played by the rules. Serves them right, eh? I know this won't matter too much to the lawyers here, but that continues with: How can anyone enforce the rules for entry to America if line-jumping becomes the law of the land? Once the world knows that we make citizenship easier for those who break the rules, enforcing the rules becomes a nonstarter.

    Re: Senate Votes for Border Fences and Path to Ci (none / 0) (#5)
    by scribe on Thu May 18, 2006 at 07:09:25 AM EST
    Sensenbrenner now says the White House requested the felony provisions he included in the immigration bill, buried midway down in the article.
    He said it was the White House that had requested two controversial felony provisions in the bill the House passed last winter. "We worked very closely with White House in the fall in putting together the border security bill that the House passed," he said. "... What we heard in November and December, he seems to be going in the opposite direction in May. That is really at the crux of this irritation," he said of Bush.
    Now, is he spinning to save his own ass from millions of vengeful voters, or showing himself to be a fair-weather tool of the Administration? I'd vote "both".

    Thanks for the link TL.... S. 2611 would result in the legalization of 9-10 million currently undocumented immigrants! And would provide relief to undocumented students (DREAM Act)! And much-needed reforms to our agricultural worker program (AgJobs)! I have notified my officials that 2611 is bad and I don't want it passed. Common sense should tell ALL of us that 11 Million plus 'law breakers' should not be given a free pass. All construction would be required to be completed within two years of the bill's enactment. LOL..typical government BS. Why should we hurry...? In two years there'll be 15 Million + here!