Speech #1090132255

This is what we were attempting to do with this particular language. That is more complicated than it might seem. Effectively. the KylCornyn amendment would make the various classes of aliens ineligible for the earned legalization program: Any person who is issued a removal order. failed to deport. or deported and subsequently returned. any person who was ordered to leave the country under the visa waiver program is subject to expedited removal. any person who fails to depart under a voluntary departure agreement. any person convicted of a serious crime inside or outside the United States. any person who has been convicted of a felony. or three misdemeanors. That is the operative aspect of the amendment. The compromise reached yesterday strengthens the waiver so that aliens under the final orders of removal will still be eligible for earned legalization if they did not receive a notice of their immigration hearing. obviously. through no fault of their ownwe know what the agency itself has missed. as the GAO report indicated--or it is established they failed to appear at their hearing because of exceptional circumstances. which are certainly understandable. or. three. that they can establish extreme hardship to their spouse or child or parent who was a U.S. citizen or a lawful permanent resident. Senator DURBIN gave the excellent examples of that provision. Those are the kinds of examples we are all familiar with in the Senate. The waivers are available to immigrants who entered without inspection or those who fell out of status or who used false documents but not to criminal aliens or aggregated felons. We believe the waiver will cover many of the current undocumented who otherwise would be excluded under the original KylCornyn amendment. We believe it is important progress. It is not the way. certainly. some Members would have drafted this proposal. but we understand the concerns that have been expressed by the proponents.