Thomas Coburn

Mr. COBURN

Mr. COBURN. I object.

Mr. COBURN. Yes, I yield.

Mr. COBURN

Mr. COBURN. Mr. President, I submit the following notice in writing: In accordance with Rule V of the Standing Rules of the Senate, I hereby give notice in writing that it is my intention to move to suspend paragraph 2 of Rule XXII for the purpose of proposing to the bill (S. 1639), Amendment No. 1865, as follows: At the end of section 1, insert the following: (e) Secure Fence Act of 2007.--Notwithstanding subsection (a) or any other provision of law, this Act and the amendments made by this Act shall not take effect until the President certifies to the Congress that the Secretary of Homeland Security has taken all actions necessary to comply with the provisions of, and the amendments made by, the Secure Fence Act of 2006 (Public Law 109-367; 120 Stat. 2638), including completing the installation of all fencing and barriers required by such provisions and amendments.

Mr. COBURN. Mr. President, I submit the following notice in writing: In accordance with Rule V of the Standing Rules of the Senate, I hereby give notice in writing that it is my intention to move to suspend paragraph 2 of Rule XXII for the purpose of proposing to the bill (S. 1639), Amendment No. 1959, as follows: On page 5, between lines 11 and 12, insert the following: (7) US-VISIT system.--The integrated entry and exit data system required under section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a), which was required to be implemented not later than December 21, 2005, has been fully implemented and is functioning at every land, sea, and air port of entry into the United States.

Mr. COBURN. Mr. President, I submit the following notice in writing: In accordance with Rule V of the Standing Rules of the Senate, I hereby give notice in writing that it is my intention to move to suspend paragraph 2 of Rule XXII for the purpose of proposing to the bill (S. 1639), Amendment No. 1929, as follows: On page 7, line 21, strike ``(v) Implementation of programs authorized in titles IV and VI''.

Mr. COBURN. Mr. President, I submit the following notice in writing: In accordance with Rule V of the Standing Rules of the Senate, I hereby give notice in writing that it is my intention to move to suspend paragraph 2 of Rule XXII for the purpose of proposing to the bill (S. 1639), Amendment No. 1927, as follows: On page 117, line 4, insert ``, even if the length of the term of imprisonment for the offense is based on recidivist or other enhancements,'' after ``15 years''. On Page 117, line 14, strike lines 14 beginning at and through page 118, line 8, and insert: (4) in subparagraph (O), by striking ``section 275(a) or 276 committed by an alien who was previously deported on the basis of a conviction for an offense described in another subparagraph of this paragraph'' and inserting ``section 275 or 276 for which the term of imprisonment is at least 1 year''; (5) by striking the undesignated matter following subparagraph (U); (6) in subparagraph (E)-- (A) in clause (ii), by inserting ``,(c),'' after ``924(b)'' and by striking ``or'' at the end, and (B) by adding at the end the following new clauses: ``(iv) section 2250 of title 18, United States Code (relating to failure to register as a sex offender); or ``(v) section 521(d) of title 18, United States Code ( relating to penalties for offenses committed by criminal street gangs);''; and (7) by amending subparagraph (F) to read as follows: ``(F) either-- ``(i) a crime of violence (as defined in section 16 of title 18, United States Code, but not including a purely political offense), or ``(ii) a third conviction for driving while intoxicated ( including a third conviction for driving while under the influence or impaired by alcohol or drugs), without regard to whether the conviction is classified as a misdemeanor or felony under State law, for which the term of imprisonment is at least one year;''. (b) Effective Date.--The amendments made by this section shall-- (1) take effect on the date of the enactment of this Act; and (2) apply to any act that occurred before, on, or after such date of enactment. In title II, insert after section 203 the following:

Mr. COBURN. Mr. President, I submit the following notice in writing: In accordance with Rule V of the Standing Rules of the Senate, I hereby give notice in writing that it is my intention to move to suspend paragraph 2 of Rule XXII for the purpose of proposing to the bill (S. 1639), Amendment No. 1904, as follows: At the appropriate place, insert the following:

Mr. COBURN. Mr. President, I submit the following notice in writing: In accordance with Rule V of the Standing Rules of the Senate, I hereby give notice in writing that it is my intention to move to suspend paragraph 2 of Rule XXII for the purpose of proposing to the bill (S. 1639), Amendment No. 1930, as follows: On page 1, strike line 3 and all that follows through page 6, line 11 and insert the following:

Mr. COBURN. Mr. President, I submit the following notice in writing: In accordance with Rule V of the Standing Rules of the Senate, I hereby give notice in writing that it is my intention to move to suspend paragraph 2 of Rule XXII for the purpose of proposing to the bill (S. 1639), Amendment No. 1892, as follows: On page 559, strike line 17 and all that follows through ``January 1, 2007'' on page 561, line 9, and insert the following: ``(Z) subject to title VI of the Secure Borders, Economic Opportunity, and Immigration Reform Act of 2007, an alien who-- ``(i) is physically present in the United States, has maintained continuous physical presence in the United States since January 7, 2004, is employed, and seeks to continue performing labor, services or education; ``(ii) is physically present in the United States, has maintained continuous physical presence in the United States since January 7, 2004, and such alien-- ``(I) is the spouse or parent (65 years of age or older) of an alien described in clause (i); or ``(II) was, within 2 years of the date on which the Secure Borders, Economic Opportunity, and Immigration Reform Act of 2007 was introduced in the Senate, the spouse of an alien who was subsequently classified as a Z nonimmigrant under this section, or is eligible for such classification, if-- ``(aa) the termination of the relationship with such spouse was connected to domestic violence; and ``(bb) the spouse has been battered or subjected to extreme cruelty by the spouse or parent, who is a Z nonimmigrant; or ``(iii) is under 18 years of age at the time of application for nonimmigrant status under this subparagraph, is physically present in the United States, has maintained continuous physical presence in the United States since January 7, 2004, and was born to or legally adopted by at least 1 parent who is at the time of application described in clause (i) or (ii).''. (c) Presence in the United States.-- (1) In general.--The alien shall establish that the alien was not lawfully present in the United States on January 7, 2004

Mr. COBURN. Mr. President, I submit the following notice in writing: In accordance with Rule V of the Standing Rules of the Senate, I hereby give notice in writing that it is my intention to move to suspend paragraph 2 of Rule XXII for the purpose of proposing to the bill (S. 1639), Amendment No. 1891, as follows: On page 184, line 12, strike ``(b)'' and insert the following: (b) Federal Affirmation of Immigration Law Enforcement by States and Political Subdivisions of States.-- (1) Authority.--Law enforcement personnel of a State, or a political subdivision of a State, have the inherent authority of a sovereign entity to investigate, apprehend, arrest, detain, or transfer to Federal custody (including the transportation across State lines to detention centers) an alien for the purpose of assisting in the enforcement of the immigration laws of the United States in the normal course of carrying out the law enforcement duties of such personnel. This State authority has never been displaced or preempted by Federal law. (2) Construction.--Nothing in this subsection may be construed to require law enforcement personnel of a State or a political subdivision to assist in the enforcement of the immigration laws of the United States. (c) Listing of Immigration Violators in the National Crime Information Center Database.-- (1) Provision of information to the national crime information center.-- (A) In general.--Except as provided under subparagraph (C), not later than 180 days after the date of the enactment of this Act, the Secretary shall provide to the head of the National Crime Information Center of the Department of Justice the information that the Secretary has or maintains related to any alien-- (i) against whom a final order of removal has been issued; (ii) who enters into a voluntary departure agreement, or is granted voluntary departure by an immigration judge, whose period for departure has expired under subsection (a)(3) of section 240B of the Immigration and Nationality Act (8 U.S.C. 1229c), subsection (b)(2) of such section 240B, or who has violated a condition of a voluntary departure agreement under such section 240B; (iii) whom a Federal immigration officer has confirmed to be unlawfully present in the United States; and (iv) whose visa has been revoked. (B) Removal of information.--The head of the National Crime Information Center shall promptly remove any information provided by the Secretary under subparagraph (A) related to an alien who is lawfully admitted to enter or remain in the United States. (C) Procedure for removal of erroneous information.-- (i) In general.--The Secretary, in consultation with the head of the National Crime Information Center, shall develop and implement a procedure by which an alien may petition the Secretary or head of the National Crime Information Center, as appropriate, to remove any erroneous information provided by the Secretary under subparagraph (A) related to such alien. (ii) Effect of failure to receive notice.--Under procedures developed under clause (i), failure by the alien to receive notice of a violation of the immigration laws shall not constitute cause for removing information provided by the Secretary under subparagraph (A) related to such alien, unless such information is erroneous. (iii) Interim provision of information.--Notwithstanding the 180-day period set forth in subparagraph (A), the Secretary may not provide the information required under subparagraph (A) until the procedures required under this paragraph have been developed and implemented. (2) Inclusion of information in the national crime information center database.--Section 534(a) of title 28, United States Code, is amended-- (A) in paragraph (3), by striking ``and'' at the end; (B) by redesignating paragraph (4) as paragraph (5); and (C) by inserting after paragraph (3) the following: ``(4) acquire, collect, classify, and preserve records of violations of the immigration laws of the United States; and''. (d)

Mr. COBURN. Mr. President, I submit the following notice in writing: In accordance with Rule V of the Standing Rules of the Senate, I hereby give notice in writing that it is my intention to move to suspend paragraph 2 of Rule XXII for the purpose of proposing to the bill (S. 1639), Amendment No. 1890, as follows: Strike section 603, and insert the following:

Mr. COBURN. Mr. President, I submit the following notice in writing: In accordance with Rule V of the Standing Rules of the Senate, I hereby give notice in writing that it is my intention to move to suspend paragraph 2 of Rule XXII for the purpose of proposing to the bill (S. 1639), Amendment No. 1886, as follows: On page 595, between lines 12 and 13, insert the following: (s) Definition of Aggravated Felony and Additional Grounds for Ineligibility for Z Nonimmigrant Status.-- (1) Aggravated felony.--Section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)) is amended-- (A) by striking ``and'' at the end of subparagraph (T); (B) by striking the period at the end of subparagraph (U) and inserting ``; and'' and (C) by adding at the end the following: ``(V) a second conviction for driving while under the influence of alcohol or drugs, regardless of the State in which the conviction occurred or whether the offense is classified as a misdemeanor or a felony under the law of that State.''. (2) Grounds for ineligibility.--In addition to the grounds of ineligibility described in subsection (d)(1)(F), an alien shall be ineligible for Z nonimmigrant status if the alien has been convicted of driving while under the influence of alcohol or drugs, regardless of the State in which the conviction occurred or whether the offense is classified as a misdemeanor or a felony under the law of that State.

Mr. COBURN

Mr. COBURN. Madam President, I appreciate the distinguished Senator from Nevada allowing me the time. I think it is really important for us to ask ourselves what the test is before us today in the Senate. As many of you know, I spent the last 2 weeks recuperating from a surgical illness, and I got to see--from a perspective of watching television on all the different channels, reading all the different papers--there was a recurring theme that I noticed that came through from all across this country. It did not matter what part of the country. It did not matter who was saying it, no matter whether they tend to lean liberal or they tend to lean conservative. That theme is this: We have failed to instill the confidence in the American people in the Congress that we are about doing what is in the best long-term interest of our country. It is not about being against immigration or for immigration. It is not about being against an ethnic group or for an ethnic group. It is not about being liberal. It is not about being conservative. It is about the worry that the American people have for this concept called liberty. They are worried about that concept right now. They are worried about whether we have the mettle to stand up to the test, to put us back on a road that will give them the confidence that what we do will be done in the best interests of them and their children. There is worry that the thing that gives us liberty, which is the rule of law, is somehow now being tinkered with in a way that undermines their confidence and security in what this American dream is all about. So we have had a very interesting experience today, but it is really not about the immigration bill. It is about something much greater that we should be paying attention to. It is about the right to govern with the confidence the people of this country give us and the responsibility that comes with us to have the integrity to do that in a way which builds that confidence, which rebuilds the strength, rebuilds the positive attitude, rebuilds the ``I can do'' America has been known for. I asked for this time to speak not as a Republican but as a citizen of this country with children and grandchildren, like everybody else out there who wants the best for our country. We can debate about the details. I had this wonderful experience about a year ago traveling with members of the opposite party to China. We met with students at Chinese Harvard. What we found was 95 percent of the things we agree on, we were solid in our bond. The very thing that makes this country great is what Democrats and Republicans agree on: the idea of the rule of law; the idea of freedom; the idea that we have a Constitution that has to be supported, nurtured, and maintained. The only way that happens is if we rebuild the confidence of the American people in our abilities to do that. We are in the midst of a debate on immigration that is a very wildly moving, emotional issue for all sides. But it should be a signal to us that when it is this wildly emotional and wildly divided, it should temper our thoughts to say the most important thing is not to finish the bill, the most important thing is to reestablish credibility in what we do for the American people. I happen to believe if we do the right things that the American people in their gut know are right, ultimately, we will go from the 17- percent approval rating the country has of this body today back to where we should be--a healthy, vibrant confidence that the people who are elected to represent them in the Senate will, in fact, have the confidence of the American people to do and carry out this wonderful, creative experiment our Founders started over 200 years ago. My question for the body and my challenge to the body is that we have a greater problem than immigration. The problem is the test: Do we meet the test that is before us of regaining the confidence of the American people? I think that is the biggest test we have today. I think all 100 of us need to redouble our efforts to assure that No. 1, we listen; No. 2, the Constitution is our guide; that the oath we took said nothing about Republican, said nothing about Democrat, said nothing about an individual State, but said we have an oath to uphold the Constitution of these United States without regard to party, without regard to locale. So I would beg my fellow Senators, over the next few weeks, as we go on break in a week and we come back here, that the No. 1 goal that ought to be in front of us is, how do we change that approval rating? How do we restore the fact that we are listening, that we are hearing, that our action is based on what we know to be right, what we know to be good, and what we know is in the best interests long term for our country? With that, I yield the floor.

Mr. COBURN

Mr. COBURN. Mr. President, on behalf of the minority, I object.

Mr. COBURN

Mr. COBURN. Yes.

Mr. COBURN. Reserving the right to object, Mr. President, with all deference to the majority leader, this procedure has excluded many of us from our right to offer amendments on the floor. I think he understands our discomfort with this process. There will not be an amount of time that will pave over the loss of our rights to offer amendments on this very important bill that needs to be dealt with. So it is not in terms of trying to delay what the majority leader is trying to do, but there is not going to be a period of time on this particular set of amendments, unless there is a set of amendments that we will be allowed, as Senators in the United States of America, to offer on behalf of our constituencies.

Mr. COBURN

Mr. COBURN. So that would supersede whatever we had in the Secure Fence Act in my amendment?

Mr. COBURN. So therefore your argument, I believe, is moot, because if you have that in the underlying bill, then that problem is solved and you should be able to support this amendment.

Mr. COBURN. Mr. President, I yield 1\1/2\ minutes to the Senator from Texas.

Mr. COBURN. The amendment is pending?

Mr. COBURN. Mr. President, I understand, as agreed upon, I will have 20 minutes to discuss amendment No. 1311, as modified. I call up my amendment, and in that 20 minutes, I ask unanimous consent that the Senator from Texas be given 1\1/2\ minutes of that time to speak.

Mr. COBURN. Mr. President, I was promised 20 minutes last night. I will be happy to try to finish my remarks in less than 20 minutes and give the Senator from Texas the remaining time.

Mr. COBURN. Mr. President, the Coburn-DeMint trigger amendment--that is what this amendment is--is about setting right what has been promised since 1986. It is about requiring that the existing border security and immigration laws we have on the books today be enforced and that the fact they are being enforced be approved by Congress before the amnesty in this bill can be granted. The Federal Government has an obligation to secure the U.S. borders and enforce U.S. laws. The American people expect that their laws will be upheld. If the U.S. borders are not secure and an estimated 12 million--of which 4.5 million or 5 million have overstayed their visas and make up part of this 12 million illegal immigrants in our country today. The United States faces a history since the 1986 amnesty bill of being overpromised and undersold on immigration enforcement by their Government. The Federal Government has failed and has rightfully lost the trust of the people. How can the people trust that this time things will be any different than 1986? This is not about having welcoming arms; this is about the security of this country and the rule of law. This amendment is the first step to help restore some of the trust Congress has lost. It says that before this bill can go forward, the President must demonstrate to Congress, and Congress must agree, that current laws are being enforced--laws that are on the books. This amendment is common sense. If the agencies can demonstrate that U.S. borders are secure and immigration laws are enforced, then the American people have reason to believe that this time things will be different. They will demonstrate that compassion, once again, so often seen in the past. What will the trigger do? This trigger is the legislative mechanism for ensuring that the Federal Government meets certain legal obligations before the process for legalizing illegal immigrants can begin. It is very simple. It will add to the current trigger amendment. It takes several provisions of existing law, laws that are on the books, and requires they be fully implemented before we grant amnesty or legal status to illegal aliens. What are they? The Department must achieve and maintain operational control over the international maritime borders of the United States, as required by a law passed last year by 80 to 19 in this body--the Secure Fence Act. All databases maintained by the Department with information on aliens shall be fully integrated, as required by section 202 of the Enhanced Border Security and Visa Entry Reform Act of 2002. That is not accomplished yet. No. 3. The exit portion of the U.S. visa system is to be fully implemented, as required by section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. That is not being enforced. That the provision of law that prohibits States and localities from adopting sanctuary policies is fully enforced by section 642 of the Illegal Immigration Reform and Responsibility Act of 1996; that the Department employ fully operational equipment at each port of entry in accordance with section 303 of the Enhanced Border and Security and Visa Entry Reform Act of 2002; aliens with border crossing cards are prevented from entering unless their biometric card is matched to them, as required by section 1101(a)6 of Title VIII of United States Code. How this trigger works. It requires the agencies that are responsible for implementing these laws and the various portions of them to report to the President when they have been fully implemented, and that the President review the certifications and either approve or deny them. If the President denies the agency has fulfilled the requirement, according to the law, the President must instruct the agency on what to do and when to bring it up to date. Congress shall then, on an expedited basis, once the President has certified, review the report and pass a resolution affirming the laws have been enforced; that they have been implemented. We are not ever going to gain back the trust of the American people on immigration until we do what we have already passed. It is not about not welcoming people, it is about the rule of law and understanding that only can they have a future if we maintain the rule of law. Why is this needed? The Gregg amendment did several good things, but it didn't go far enough. It lacked two key elements. It did not require that existing laws be implemented and enforced. Why is it we are debating that existing laws should be enforced? We are ignoring existing laws. And the Gregg amendment did not require congressional approval. A recent Rasmussen report found two-thirds of Americans believe it does not make sense to debate new immigration law until we can first enforce and control our border and enforce existing laws. The bill is flawed because it allows those here illegally to adjust to legal status before any of the new or old enforcement provisions are made. It requires those who are here illegally become legal before we have control of the border. This is not about not wanting and admiring and accepting the work ethic of those who come here, but it says we must secure our border. Remember Fort Dix, NJ? One out of three of those involved in Fort Dix, NJ, were terrorists who came in through our southern border. This amendment requires before any illegal alien is allowed to adjust their legal status that Congress certify the Department of Homeland Security has operational control of the border. The second problem: It creates a new temporary worker problem without first having a mechanism in place to verify that temporary workers and visitors leave when their visas expire. We are going to set up a whole new program and we cannot even tell you now when they have exited under the current U.S. visa law. It has never been implemented, the visa exit system. So we have a system that controls who comes into the country but no control over who goes out. You cannot have a temporary worker program if you don't know when they come in or go out under the existing proposed statute under this bill. The U.S. visa exit component is key to the successful new temporary program. The system created in the 1996 bill for the U.S. visa program was supposed to be in place September 30, 1998. The deadline was changed to October 15 and then to March 30, 2001, except the exit portion has never been operational. It has never been implemented. The third problem addressed: The American public does not trust we will enforce the laws we have; namely, they do not trust the enforcement provisions in this bill, such as the employer verification system, will be implemented. Congress continues to pass laws that do not get enforced and then does nothing to ensure they are enforced. Part of the purpose of the last amnesty was to enhance our enforcement so Americans could maintain sovereignty, as President Reagan put it. Specifically, on November 6, when President Reagan signed into law the Immigration Reform and Control Act of 1986, he stated this legislation would help meet the challenge to our sovereignty caused by illegal immigration. He highlighted three provisions of the 1986 bill, including employer sanctions--nonexistent--to increase enforcement of our immigration laws, and legalization of those here illegally more than 4 years later. The amnesty happened, yet significant portions of employment sanctions and the increased enforcement measures have been delayed or, in some instances, never implemented. Americans have a right to question whether things will be different this time. What this amendment will do is ensure that a employer verification system, required by the current trigger, is actually implemented and working properly before we grant legal status to those who are here illegally. It is not enough to allow Presidential certification; that will not likely be reviewed. We have that problem now. Congress must review, discuss, have hearings, and then publicly vote to certify that the provisions required in this bill, and by prior laws, are functioning. That is when we will regain the trust of the American people. This amendment will provide the transparency and accountability to the public Americans want. Not only that, if the public views the enforcement mechanism as inadequate and not in compliance with our laws, they will be able to hold elected officials accountable at the voting booth. The May 30, 2007 Rasmussen report revealed the public does not support or trust this immigration bill. Seventy-four percent do not believe illegal immigration will decline if the Senate passes this bill. Forty-one percent believe illegal immigration will increase, as we heard the group of retired Border Patrol agents state. Interestingly, if those polled had a chance to improve the legislation, 75 percent would make changes to increase border security measures and reduce illegal immigration. Sixty-five percent of Americans are willing to accept a compromise on illegal status if you can assure them the rest of the laws are going to be enforced. This bill does not require that, and what they are going to get is the same thing they got in 1986. What this amendment will do is to help improve enforcement at the borders. It will reduce illegal immigration, it will give the public confidence, and it will give elected officials the opportunity to vote on the status of where we are in terms of enforcing the law. How did we get here? We got here through well-intentioned mistakes. We got here because we gave amnesty in 1986. We said we were going to have employer verification, and we told the American people the borders would be secure. What this amendment does is, it says: Fool me the first time, shame on you. Fool me the second time, shame on me. What this amendment does is assures the American people that this time, as we grant amnesty to those who came here illegally, it is not going to happen again. There is no assurance in this bill that this is not a repeat of 1986. It is not about not being compassionate to those who are here and are contributing. It is not about saying no. As a matter of fact, 65 percent of the American people want to say yes, if you can prove to them things are going to be different this time. However, under this bill, there is nothing that will say things will be different. I praise the people who worked on this bill, who put together this compromise. But I think history points us in a direction that says we have to have proof this time. We have to know if we do this again, with at least 12 million people, if we grant amnesty--and I know the President says it is not amnesty, but if you come here illegally and eventually are legal, that is amnesty--if we are willing to do that, this time the American people ought to have the assurance we are not going to do that again; that we are going to have an immigration enforcement policy, an employer verification system, an entrance and exit system, and border security that is going to make sure we don't repeat the mistakes of the past. I believe this bill needs a lot more work. I believe it has a lot of complications that are unforeseen, and complications that we are aware of at this time. I wish to take a moment to thank the majority leader for allowing me this time, and Senator Kennedy for working with me to allow me this time to talk about this amendment. I believe we have a critical problem in our country. The President's ratings are low, but our ratings are even lower. The trust of the American people in this institution is less than a third of the people in this country. How do we build it up? We build it up by passing this amendment. We build it up by showing them we understand their concerns, we understand they are willing to accept and allow people who came here illegally to live here as citizens and get on that pathway to citizenship provided we do the necessary things to not go back to this again. This bill is severely lacking in demonstrating that proof to the American people. We have to build their confidence. We have to regain the trust of the American people that we will, in fact, this time do what is necessary to secure our borders and control our borders. We are at risk, as the discovery of the Fort Dix belated plan reflects, in terms of our own national security. So it is not all about immigration, it is about national security, and there is nothing in this bill that forces the President of any party who is in charge or forces the Congress to do anything different than we have done in the past. I believe it is highly important we have this trigger mechanism for the assurance of the American people that we have a secure border; that we have a visa entrance and exit system that works; that we have employer verification that works; that those key things are intact before we grant legal status to those who are here illegally. I say again I appreciate Senator Kennedy working with me in allowing me the time to do this, and Senator Reid for his graciousness for this time. I yield to the Senator from Texas.

Mr. COBURN. Would that not negate the direction of the Secure Fence Act of last year?

Mr. COBURN. Will the Senator yield for a question?