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Shamnesty on the Senate floor, Day 3; Coburn pushes for full enforcement of existing laws; Reid: “This is the president’s bill;” Lott “serves notice;” Coburn fails, 42-54; 1st cloture vote fails, 33-63; 2nd cloture vote fails, Reid backs down

By Michelle Malkin  •  June 7, 2007 09:48 AM

Just to make clear, because it was a bit confusing, the two cloture votes that went down were these:

Question: On the Cloture Motion (Motion to Invoke Cloture on the Kennedy Amdt. No. 1150, As Amended )
Vote Number: 203
Vote Date: June 7, 2007, 11:41 AM
Required For Majority: 3/5
Vote Result: Cloture Motion Rejected
Amendment Number:
S.Amdt. 1150 to to S. 1348 (Comprehensive Immigration Reform Act of 2007 )
Statement of Purpose: In the nature of a substitute.
Vote Counts: YEAs 33 NAYs 63 Not Voting 3

Question: On the Cloture Motion (Motion to Invoke Cloture on S. 1348 )
Vote Number: 204
Vote Date: June 7, 2007, 11:59 AM
Required For Majority: 3/5
Vote Result: Cloture Motion Rejected
Measure Number: S. 1348 (Comprehensive Immigration Reform Act of 2007 )
Measure Title: A bill to provide for comprehensive immigration reform and for other purposes.
Vote Counts: YEAs 34 NAYs 61 Not Voting 4

Roll and analysis from Allah on the failed cloture vote:

I’m shocked. Reid has been threatening for days to end debate on the bill in order to limit the number of potential killer amendments the GOP might foist on it. The worry was that he’d force a cloture vote and would have the 60 votes needed to beat a filibuster. As it turns out, there were in fact 60 votes — the other way. What happened? I’m guessing some of the bill’s supporters are nervous about bringing it up for a final vote before the killer Dorgan amendment has itself been killed, so they want to continue the debate for the time being. (Specter hinted as much earlier today.)…

Ed Morrissey weighs in on Harry Reid backing down.

1:45pm Eastern update. Debate on amendments continues. Sen. Akaka is railing against the Real ID act.

***12:40pm Eastern…second cloture vote/motion to reconsider also fails, 34-61. Reid rescinds a new quorum call…announces work on a new unanimous consent agreemnt…3 GOP amendments, 3 Dem amendments…Sen. Ensign on the floor: “The more you talk about this bill, the more you realize that when you fix one problem, there’s another one…” Now Sen. Dodd is babbling about an amendment to allow naturalized citizens to bring over parents, arguing that Congress shouldn’t have any role in “dictating the terms” of family reunification…***

***breaking 11:59am Eastern. First cloture motion to limit debate and move to a final vote on S1348 fails, 33-63. 60 Ayes needed. All Republicans and 15 Dems–Baucus, Levin, Webb, Landrieu, McCaskill, Dorgan, Conrad, Bingaman, Boxer, Byrd, Stabenow, Pryor, Rockefeller, Tester, and Reid* voted Nay. Sanders (I-Vt) also voted nay. *Reid calls for motion to reconsider. He said earlier he will change his vote to yes in order to bring up a second cloture vote later this afternoon at 5pm Eastern.***

***breaking 11:30am Eastern***The Coburn amendment 1311 to require full enforcement of existing immigration laws fails, 42-54. If you are calling Senate offices, you might want to concentrate on these ones:

GOP Sens voting NAY on the Coburn amendment - that is, voting against full enforcement of existing immigration laws: LUGAR, KYL, CRAIG, VOINOVICH, COLLINS, MURKOWSKI, BROWNBACK, HAGEL, STEVENS, DOMENICI, WARNER, SPECTER

Reader Brian e-mails about Sen. Stevens’ vote: “Guess Ted needs illegals to build his next Bridge to Nowhere.”

***

Debate on the shamnesty bill resumes on the Senate floor at 10am. I’ll be liveblogging again with all the latest.

Robert Bluey lists the GOP senators on the fence:

Spirits among conservative critics of the immigration bill have brightened today following several Senate votes that indicate at least 40 senators could block the bill during a cloture vote tomorrow.

Well-placed sources tell me that activists are focusing their attention on the following list of senators: Sam Brownback (R.-Kan.), Richard Burr (R.-N.C.), Saxby Chambliss (R.-Ga.), Larry Craig (R.-Idaho), Pete Domenici (R.-N.M.), Byron Dorgan (D.-N.D.), John Ensign (R.-Nev.), Mike Enzi (R.-Wyo.), Judd Gregg (R.-N.H.), Johnny Isakson (R.-Ga.), Jon Kyl (R.-Ariz.), Mary Landrieu (D.-La.), Trent Lott (R.-Miss.), Mitch McConnell (R.-Ky.), Claire McCaskill (D.-Mo.), Ben Nelson (D.-Neb.), Mark Pryor (D.-Ark.), Debbie Stabenow (D.-Mich.), John Sununu (R.-N.H.), Jon Tester (D.-Mont.), George Voinovich (R.-Ohio), Jim Webb (D.-Va.), and John Warner (R.-Va.).

These individuals are apparently still non-committal about how they will vote on the final bill or could be swayed depending on votes either for or against amendments to the bill.

As I noted last night, Republican Sens. Bunning, DeMint, Dole, and Enzi were vote-switchers who crossed over from nay to yea on the Dorgan amendment.

Democrat Byron Dorgan, author of the temporary worker program sunset provision that passed after midnight last night, has a piece in NRO arguing against amnesty. Yes, believe it:

America is a great country. Many people from throughout the world would like to come here and take part in the American Dream. I understand that.

But, if we had no restrictions on immigration and just threw open the doors and welcomed everyone from everywhere we’d be over run by people wanting to move to the United States.

So, we try to manage immigration through quotas. Nearly a million and a half people come to our country legally every year through this process. In addition, another one million people plus come here each year to work legally at agricultural jobs.

Now, I’m sensitive to the fact that some immigrants who have come here illegally have worked hard for decades and even raised their families here. We need to take that into account as we try to resolve their status.

But I don’t think we should decide that anybody who showed up here illegally as of last December 31 should be given a green light to stay here and work here permanently.

Our laws need to be enforced — both at the border and at the workplace. Just as someone sneaking across the border illegally should be punished, so too should employers who break the law and hire illegal immigrants for low wages.

Once we’ve secured the border, and taken away the market for illegal labor, then will be the time to consider the best way to address the status of illegal immigrants in our country.

If only someone in the Republican White House talked like that…

Last night, I mentioned the embarrassing hissy fit of La Raza panderer and John McCain water-carrier Linsday Graham. Now, you can see it for yourselves. Bryan’s got the vid clip and he and Allah have more smackdown.

lindsaywah.jpg
Call the waaah-mbulance.

10:00am Eastern. Here we go.

First order of business will be debate on the Coburn amendment 1311 regarding border security certification/trigger. Then the vote on Reid’s move to limit debate will be up. Motions to invoke cloture both on the substitute amendment (SA 1150 [i.e., the so-called "grand bargain]) and the underlying bill (S. 1348) are scheduled.

Sen. Sessions on the floor renewing request to make his amendment 1323 amending. He has 15 more amendments waiting to be granted pending status. Sessions objects to upcoming cloture vote. Quoting immigration enforcement officials who believe the bill is a “disaster” and a “sellout…We should not have cloture.”

10:10am Eastern. Coburn on the floor to discuss his SA 1311. Requires that existing immigration laws on the books today be enforced before amnesty enacted.

Yes!

“American people have been overpromised and undersold.”

Yes!

“This is about the security of this country and the rule of law.”

Yes!

“Before this bill can go forward, President and Congress must demonstrate that the laws are on the books are being enforced.”

Coburn amendment requires: Building of fence will be done. Full integration of the info databases. Exit system mandated in 1996 will be enforced. Forbid sanctuary policies.

“This is not about not wanting and admiring the work ethic of those who come here. But it says we must secure our border.”

“You can’t have a temporary worker program if you can’t determine who’s coming in and out now.”

Yes!

10:28am Eastern. Sen. Hutchison opposes Coburn amendment–quibbling over construction of the fence. (Here’s background on her longstanding objection to the Secure Fence Act provisions.) Says Dorgan amendment is a deal-breaker.

10:36am Eastern. Sen. Harry Darth Reid takes the floor. Says he had a conversation with DHS secretary Chertoff last night. “This is the president’s bill…someone should get word to the president that if this bill goes down with all the Dems supporting it…the headline will be ‘the president fails again’…when is enough enough?”

10:40am Eastern. Reid asks consent for cloture vote be delayed to occur today at 5pm. McConnell objects to shutting off GOP amendments. Reid: “I’m disappointed.” Boo-hoo. Now Reid’s blubbering about running a figurative marathon.

10:47am Eastern. 17 minutes for Kennedy. Then vote on Coburn amendment. Then cloture vote. Kennedy objects to Coburn amendment. Surprise.

10:54am Eastern. Sen. DeMint notes that Sen. Grassley has 10 amendments he wants to bring up as agreed to last night. Kennedy interrupts and pleads for them to be brought up later before cloture vote.

Here comes Trent Lott. Sigh. Ugh. (Background on hometown backlash against Lott here.)
“Do we have the courage and tenacity to get things done? Can we do anything anymore? Now we’re going to nitpick it to death? Do you have no faith in me after 35 years that I’m just going to buy a pig in a poke here?”

Oh, don’t ask.

Lott: “We should not get all in a twit.”

Speak for yourself.

“I’m serving notice that I’m going to be a part of a way to getting to a conclusion.” Gives thanks to Sen. Reid. Praises Sen. Kennedy.

Gag.

That sounds to me like he’s going to vote for shamnesty. Or is he straddling?

11:05am Eastern. Here we go. Vote on the Coburn amendment begins. The amendment is co-sponsored by Sen. DeMint, whose office send this press release along:

Today, U.S. Senator Jim DeMint (R-South Carolina) and U.S. Senator Tom Coburn made the following statement regarding their amendment, S.A. 1311, to the Senate immigration bill, S. 1348. The amendment would require Congress to vote to certify all border security and interior enforcement triggers have been met before amnesty can be granted to illegal immigrants.

“The American people simply don’t trust their government to secure the border and enforce our immigration laws,” said Senator DeMint. “Right now, this bill guarantees amnesty but only promises future border security. Promises won’t work this time. Let’s secure the border first, prove we are enforcing our laws, and force the administration to make their case in public hearings. If Congress truly believes this bill will secure the border once and for all, politicians should have to take responsibility and vote on it.”

“The American public cannot trust any new promises made by the Congress concerning immigration because the federal government has not kept its word. The American people expect their laws to be upheld. Yet, despite numerous laws on the books today, our borders are not secure and we have an estimated 12 million people in this country illegally,” Dr. Coburn said. “Congress’ broken promises have caused the American public to lose trust in the government’s ability to secure our nation’s borders and address our problems with illegal immigration. The first step in any immigration reform proposal must begin with securing our borders. Our country is based upon the rule of law and tolerating illegal immigration undermines this principle. This amendment is a step in the right direction to restore the public’s faith in Congress’ willingness to protect our nation by securing our borders and enforcing the law.”

The Coburn-DeMint amendment addresses the key fear about the Senate immigration bill: that amnesty will first be granted and security provisions will never be fulfilled. Currently, the bill simply requires the Homeland Security Secretary to certify to the President that the triggers have been met. In essence, this is the administration policing itself.

The Coburn-DeMint amendment will restore confidence in the process by delaying legal status for illegal immigrants until Congress has certified that all of the security and enforcement triggers have been met.

This also requires enforcement of existing border security and immigration laws before amnesty can be granted to illegal immigrants. These provisions of existing law include: control over maritime borders, full fencing required by law, integrated alien databases, US-VISIT program, biometric ID system, and ending “sanctuary city” policies.

Provisions of the Coburn-DeMint amendment:

• Requires that before any of the other parts of the immigration bill can go into effect and before illegal immigrants can gain legal status, Congress must vote to certify that all triggers in the bill have been met and certain provisions of existing law must be implemented, as previously directed by Congress.

• Requires agencies responsible for implementing provisions of the law report to the President when they have been fully implemented; and that the President reviews the certifications and either approve or deny them.

• If the President denies that the agency has fulfilled the requirement according to law, the President must instruct the agency where they have been deficient and wait until they comply with the law.

• If the President approves the assertion that the laws have been correctly enforced, he must then certify to Congress that the requirements have been met and give a report with the information necessary for Congress to make an independent determination.

• Congress shall then, on an expedited basis, have 60 days to review and conduct hearings in committee, and upon discharge from committee have 5 days to pass a Resolution affirming that the laws have been properly implemented.

11:15am Eastern. Roll is still being called. Noteworthy votes so far:

GOP Sens voting NAY- that is, voting against full enforcement of existing immigration laws: LUGAR, KYL, CRAIG, VOINOVICH, COLLINS, MURKOWSKI, BROWNBACK, HAGEL, STEVENS, DOMENICI, WARNER, SPECTER

Democrat Sens voting YEA - that is, voting yes to full enforcement of existing immigration laws: LANDRIEU, MCCASKILL, BEN NELSON, DORGAN, STABENOW, ROCKEFELLER, CONRAD

Coburn amendment fails, 42-54.

11:31am Eastern. Statements before cloture vote. McConnell: “I said earlier we would not allow ourselves to be stuffed. The Senate is not a factory.” Reid says he will refile cloture vote at 5pm if it fails now. Repeats his marathon speech, reiterates his conversation with his great friend Michael Chertoff, and repeats his line that “This is the president’s bill.”

Debate veers briefly to AG Alberto Gonzales.

11:41am Eastern. Motion to invoke cloture now taking place.

Posted in: Amnesty, Harry Reid

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