Speech #1100056926

I wish to address my amendment which concerns the other major component of this bill. and it is an area that has not really received the kind of examination that other portions of the bill have. and that is the legalization program. My amendment reflects a proposal that I have been discussing with Virginians ever since I began to 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 everyone who have come here as undocumented persons. Under the provisions of this bill. virtually all undocumented persons living in the United States would be eligible to legalize their status and ultimately become citizens. Estimates are that this number totals 12 million to 20 million people. This is legislative overkill. It is one of the reasons 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 for at least 4 years prior to the 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 Security 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. Among these criteria are work history. payment of Federal or State income taxes. property ownership. business ownership in the United States. a knowledge of English. accomplishment in schools in America. immediate family members in the United States. whether the applicant has a criminal record. and. importantly. whether the applicant wants to become a citizen. These applicants would be given probationary status. as in the underlying bill. while the DHS considers their Z visa applications. and could lawfully work daring 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 or the ability to return to their home countries on other continents. Most of these persons would lose their jobs. leave their families in turmoil. and place further strain on our community services. Basic fairness and common sense dictates that these persons should be allowed to apply for a green card from here in the United States. I believe this amendment sets forth an equitable system that not only recognizes the contributions of immigrants to our society but also introduces practical measures that would help us avoid the mistakes that were made in 1986. I have heard loudly and clearly from Virginians. and I have talked with people on all sides of this issue. What I hear over and over is that Congress should find a fair system that both protects American workers and respects the rule of law.