Speech #1100051890

Madam President. the second part of my amendment has. I think it is fair to say. a substantial impact on the underlying bill. but one I hope my colleagues will agree is necessary and important to adopt. My amendment would close the loophole in this bill that allows legalization of those illegal aliens who have already violated courtordered deportations. They are sometimes known as absconders because they literally have absconded from the law. but they are. in fact. under section 243 of the Immigration and Naturalization Act felons by virtue of their having absconded either after they have been ordered deportedthey have simply gone on the lam and been fugitives from justiceor they have left the country pursuant to their order of deportation and then reentered the country illegally. They are. uinder section 243 of the Immigration and Naturalization Act. felons if found guilty of those offenses. Unlike the first half of my amendment. this is not. as I said. a technical correction. In other words. the decision to legalize this population was no drafting oversight. It was a conscious part of the negotiated package that is now represented by the substitute amendment pending before the Members of the Senate. The drafters of this bill have made a conscious decision that Congress will allow exceptions for individuals who are illegally in the United States. in defiance of a court order. as well as those who have previously been deported from the United States pursuant to a court order and have again reentered illegally. It is important to note that Congress has determined that each of these crimes is a felony. The laws. as I said. are already on the books. These acts of defiance of our legal system are not actions which would signal an individuals likelihood of future compliance with the laws of the land. I dont think Congress should be in the business of allowing exceptions to a class of individuals who can reasonably be dubbed as fugitive aliens. In fact. it was Secretary of the Department of Homeland Security Michael Chertoff who said during our negotiations that illegal aliens who have defied our court system after having been given full due process of law do not deserve to be rewarded with legalization. Unfortunately. the drafters of this bill. in an effort to accommodate certain advocacy groups. have ignored Secretary Chertoffs commonsense observation. what is being peddled as "discretion" by way of a "waiver." We cant guarantee the American people that future Presidents will appoint. nor the Senate confirm. Secretaries of Homeland Security with the good sense and judgment of Secretary Chertoff.