Speech #1100055698

I now turn to my amendment. which regards the other major component of this billthe legalization program. My amendment reflects a proposal that I have been discussing with Virginians ever since I began my campaign for the Senate. I have always supported tough border security and cracking down on large employers who hire illegal workers. I also have always supported a path to legalization for those who came here during a time of extremely lax immigration laws but who have laid down strong roots in their communities. I do not. however. favor this path to citizenship for all undocumented persons. Under the provisions of the immigration bill we are debating. virtually all undocumen ted persons currently living in the United States would be eligible to legalize their status and ultimately become U.S. citizens. Estimates are that this number totals 12 million to 20 million people. This is legislative overkill. It is one of the reasons that this bill has aroused the passions of ordinary Americans who have no opposition to reasonable immigration policies but who see this as an issue that goes against the grain of basic fairness. which is the very foundation of our society. By contrast. my amendment would allow a smaller percentage of undocumented persons to remain in the United States and legalize their status. based on the depth of a persons roots in their community. Under my proposal. undocumented persons who have lived in the United States at least 4 years prior to enactment of the bill could apply to legalize their status. I note that this 4year period is even more generous than the 5year threshold that was contained in several bills in the past few Congressesbills that were supported by Senators from both parties and by immigrants rights groups. After receiving the application. the Department of Homeland Secuirity would evaluate a list of objective. measurable criteria to determine whether the applicant should receive a Z visa and thus be allowed to get on the path to citizenship. The statutory criteria to be considered would be work history. payment of Federal or State income taxes. property ownership and business ownership in the United States. knowledge of English. attendance at U.S. schools. immediate family members in the United States. whether the applicant has a criminal record. and whether the applicant wants to become a U.S. citizen. Like the underlying bill. applicants would be given probationary status while the DHS considers their Z visa application and could lawfully work during this probationary status period. I believe these provisions are fair to our immigrant population and also that they will help us avoid the mistakes this Congress made in 1986 with the SimpsonMazzoli amnesty bill. which resulted in a tidal wave of illegal immigration. My amendment would also make the underlying bill more practical. It strikes the bills unrealistic "touchback" requirement. Few immigrants would have the money 01 the ability to return to their home countries on other continents. Most of these persons would lose their U.S. jobs. leaving their families in turmoil and placing further strain on our communities. Basic fairness dictates that these persons be allowed to apply for a green card from within the United States. I believe that my amendment sets forth an equitable systemn that not only recognizes the contributions of immigrants to our society but also introduces practical measures that will help us avoid the same mistakes our country made in 1986 with the SimpsonMazzoli amnesty bill. I have heard loud and clear from Virginians. and I have talked with people on all sides of this issue. What I hear over and over again is that Congress should find a fair system that both protects American workers and respects the rule of law.