Speech #990082745

That too will be voted upon tomorrow. Mr. President. the amendment that I address now is one that I am offering that provides States and localities guarantees similar to those provided the Federal Government in S. 1200. the Immigration Reform and Control Act of 1985. You will recall that in an effort to reduce the costs of the legalization program to the Federal Government. S. 1200that is the cost to the Federal Governmentspecifically precludes those granted temporary status from federally funded public assistance for 6 years. While the Federal Government gets 6 years protection from increases in Federal public assistance resulting from legalization. State and local governments are only protected for 3 years. S. 1200 provides Federal payment to States of up to $600 million. per year for 3 years to reimburse States for the costs of public assistance and the costs of imprisonment of illegal aliens convicted of a felony. At first blush. it would appear that States could pass legislation similar to Federal legislation excluding those seeking legalization from State public assistance. However. as stated in an article by Carolyn Waller. "Unequal Protection: Public Benefits. Public Policy and Aliens." the Supreme Court tends to allow Congress to limit benefits to discourage immigration but finds unconstitutional "State laws that restrict the eligibility of aliens from welfare benefits merely because of their alienage." Therefore. my amendment resolves the "double standard" that allows the Federal Government 6 years protection from new public assistance costs resulting from legalization and protects State governments for only 3 years. To resolve this double standard. my amendment extends the reimbursement program from 3 to 6 yearsallowing excess funds to be carried over throughout the 6year period. The amendment also provides an additional $600 million for each of the 3 new years of coverage.