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Shamnesty on the Senate floor, Day 2; Sen. Sessions knocks sense into the Dems; Specter sides with Kennedy; 12:25pm Kennedy amendment passes; 12:37pm Cornyn amendment fails

By Michelle Malkin  •  June 6, 2007 10:19 AM

Debate has resumed this morning on the Senate floor over S.1348, the shamnesty bill. Numbers USA gives a preview:

[O]ne amendment that could inflict a severe blow to the already fractious coalition supporting the so-called “Grand Bargain” will be debated and probably voted upon. Although the amendment simply expands the list of crimes making illegal aliens ineligible for legalization SA 1184, sponsored by Sen. John Cornyn (R-Tex.), opponents claim that its intent is to make the vast majority of illegal aliens ineligible for legalization. The amendment does not, by definition, apply to an individual who entered or re-entered the country illegally. It applies only to those individuals who have been arrested, charged, convicted and sentenced by a court of law to one year or more in jail. Moreover, it targets only those who have repeatedly been convicted of criminal offenses and are considered felons under current law. Sen. Ted Kennedy (D-Mass.), long an open-borders advocate and one of the prime movers behind the “Grand Bargain,” is slated to offer a counterproposal to Cornyn’s amendment, but the text of this “side-by-side” amendment has not yet been made available to the public.

On the other side of the equation, Sen. Jon Kyl (R-Ariz.), the lead Republican in the “compromise” negotiations, has said that he will withdraw his support for the bill if an amendment by Sen. Maria Cantwell (D-Wash.) is adopted. SA 1249 would establish an “employer-sponsored” merit-based immigration system, create exemptions for the related cap of 140,000 visas per year, and exempt all aliens with graduate degrees from any institution from the H-1B cap.

Kyl said the “compromise” also would fall apart if amendments that would either add green cards for family reunification {Sen. Robert Menendez (D-N.J.)} or exempt spouses and minor children of green card holders from numerical caps on permanent visas {Sen. Hillary Clinton (D-N.Y)} were to be adopted. Another amendment that may fall into that category — also backed by Menendez — would more than double the number of green cards available under the bill for the parents of U.S. citizens.

10:05am Eastern. Cornyn is pushing for his amendment banning felons from obtaining Z visas. If we don’t adopt the amendment, “We should retitle this bill ‘No Felon Left Behind.’”

Durbin pushes Cornyn to clarify that his amendment wouldn’t apply to visa overstayers and illegal aliens who haven’t committed other violations of the law.

Kennedy has now offered his counter-amendment, 1333.

Kennedy: “What is an amnesty? 1986 was an amnesty. This is not an amnesty. There were enforcement provisions in there, but they were completely inadequate. We had Republican presidents. They didn’t enforce it. (Raising voice) And they’re the great defenders of the border?! I mean, please. All those years we had enforcement [in the law] and they did not [enforce].”

Uh, exactly.

Kennedy continues: “We have immigration reform that is strong, practical, and fair. Bring 12 million out of the shadows, into the sunlight. We’re not going to conduct massive round-ups. No means to do it. Inflict hardships. Cost more than $250 billion. Buses.”

Blahblahblah.

Kennedy: “The Cornyn amendment would make vast numbers of these families ineligible. It would keep them in the shadows. It hurts the immigrants and Americans. Cornyn amendment classifies “garden variety” violations as crimes.”

Yes, Kennedy considers ignoring deportation orders as a garden variety crime.

Kennedy also says that using false ID is a garden variety crime that shouldn’t disqualify Z visa applicants.

Kennedy claims his amendment bans gang members, drunk drivers, sexual offenders, perjurers, frauds.

10:21am Eastern. Kennedy claims Cornyn would bar legitimate refugees who were forced to provide material support for terrorists, oppressor groups. Pouring it on: “The door to freedom of America would be closed shut.”

Another anecdote about an illegal alien “juvenile delinquent” who Kennedy says deserves a Z visa.

So, Kennedy has just ranted about how he won’t let criminals get Z visas…and then argues for endless waivers to “retain a level of discretion in our immigration laws….This is the crux of the difference between Cornyn’s amendment and ours…”

Yeah: Cornyn means it. Kennedy doesn’t.

10:30am Eastern. Vitter rises in support of Cornyn amendment. “It’s a contrast with the weaker, watered-down Kennedy alternative…Cornyn amendment is straightforward, common-sense….we must address gaping loopholes.”

Vitter notes that Kennedy allows deportees who’ve re-entered illegally and absonders to gain Z visa benefits. Vitter now requests votes on his amendments, 1338 and 1339. Kennedy objects.

“This illustrates the inappropriateness of cloture.”

Vitter explains his amendments. 1339, requires fully operational entry-exit system be up and completed before any trigger/guest worker program goes into effect. He notes, as I have repeatedly noted, that the system was mandated in 1996.
How can we possibly say that we have the enforcement system we need in place without this US VISIT system?

EXACTLY.

1338 would correct the catch-pay-release program tucked into the shamnesty.
Non-Mexican catch-and-release illegal aliens would be allowed to be released after paying $5,000 bond. Vitter’s amendment would change that.

***10:45am Eastern.*** Sen. Sheldon Whitehouse (who?) is blabbering on about the due process rights of illegal aliens. Now he’s equating torture and rendition with the Cornyn amendment to ban felons from getting Z visas. Whitehouse: “There they go again.” Accuses GOP of violating “bedrock principles” of American law.

Oh, crikey. No, there you go again, Democrats. The striking difference between the Republicans and Dems on the floor is the presumption that entry into this country is an international human right.

Entry into this country is a privilege, not a right. We decide who gets in, not immigration lawyers. Not illegal aliens.

Oh, thank God. Sen. Sessions comes to the rescue:

“No one has a right to come to America. We get to decide…we allow on our terms and conditions… our immigration system is set up to serve the national interest…No one has a constitutional legal right to demand entry into America. It amazes me the lack of comprehension shown…We set the standards. Se have the most generous set of laws in the world. Se’re not going to end immigration or act irrationally. To set reasonable standards, as Cornyn is attempting to do, only makes common sense.”

11am Eastern. Schumer rises in support of Kennedy alternative. Attacks Cornyn amendment as a “Trojan horse” to kill the whole bill and eliminate the path to citizenship.

Sounds good to me.

More Schumer: “What we do in [Kennedy amendment] is keep the tough enforcement and…not throw out the baby with the bathwater.”

11:05am Eastern. Here comes open-borders Arlen Specter…first damns Cornyn with faint praise and then announces his support of the Kennedy amendment. “We have structured the bill with a great many compromises…while I might agree with Cornyn’s amendment provisions, I’m standing with the committee bill…corrects himself…THERE IS NO COMMITTEE BILL…standing with the Kennedy sellout…

Specter quibbles with Cornyn provision making an illegal alien’s third conviction for drunk driving a crime of violence. Complains about stripping of judicial review for illegal alien barred for national security grounds.

11:10am Eastern. Specter addresses Reid’s cloture threat and threat to yank the bill tomorrow: “I think that would be grossly erroneous.”

11:25am Eastern. Cornyn resumes defense of his amendment. Casts doubts on open-borders promise that this will be the last amnesty. “These aren’t racists, these aren’t bigots.” They want to know: Is this going to work? Are they serious?…I have to say that the “fine” and “requirement” for the Z visa is being looked at with great skepticism….the concept that is missing from this legislation: the role of deterrence.

[Amnesty] is seen not as a deterrent, “but as a powerful magnet.”

EXACTLY.

1146am Eastern. Kennedy once again rising to argue for absolving illegal aliens who have illegally re-entered after deportation and used false ID….once again invoking the case of an illegal alien mother who had four children here, left the country to visit her sick mother in Mexico, re-entered the US illegally, and then was deported.

11:55am Eastern. Votes now taking place on the Cornyn amendment and the Kennedy alternative.

12:25pm. Kennedy amendment has passed. Vote: 66-32.

12:47pm Eastern. Cornyn amendment fails. Vote: 46-51.

1pm is the deadline for filing other amendments.

***
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