Lindsey Graham on Immigration Republican Sr Senator; previously Representative (SC-3)

Change asylum law to not apply to illegal border crossers

GRAHAM: When it comes to changing asylum laws saying that somebody here illegally cannot apply for asylum, I don't know if you can do that by executive order, but I support that policy. Right now people are marching on our border, if they cross illegally then they asked for asylum. Asylum shouldn't be a magnet for illegal immigration. So I support the policy change.

Q: The ACLU suggests that that's actually contravening Congress and established law.

GRAHAM: I might want to get another opinion than the ACLU. But I do believe asylum laws are being abused. They've become magnets for illegal immigration. People cross the border illegally, then apply for asylum. That's not the way asylum is set up to work. I support the policy change. Congress probably should do it, but I am open-minded to the executive order.

No northern border wall, yet there's no illegal Canadians

GRAHAM: Well, he'll be the third president to do so. But you're not going to secure a border just by adding National Guard troops. You got to go to the root cause of this. The [refugee migrant] caravans come from the triangle countries, Honduras and Guatemala in particular because the conditions are so bad. If you don't have comprehensive immigration reform, you will never fix this problem. We have two borders, one with Canada, one with Mexico. I've never met an illegal Canadian. The point is that Canada has a sound economy, people from the south of us do not have sound economies and if you don't fix the economic magnet, you'll never solve the immigration problem. So building a wall alone won't do anything.

DACA recipients came here at age; this is their home

GRAHAM: The court is probably going to rule for the president down the road that he can terminate DACA. That creates some chaos for the DACA recipients who came here on the average age of 6 with nowhere else to go. This is their country. There's a deal to take care of them and get the border wall we desperately need, plus interior enforcement, to make us safer.

Q: And you feel confident that will go through?

GRAHAM: I'm hopeful it will because if we fail, it's just a disaster for the DACA recipients and for our national security. And 70 percent of the American people want us to do both. It may fail, but I believe we owe it to the American people to try again. And I'm going to try again. And I think the president is open-minded to trying again.

Sanctuary cities are symptom of a broken system

MCCAIN: When federal laws are passed, municipalities cannot exempt themselves.

GRAHAM: Sanctuary cities is a symptom of a greater problem. The best thing we could do to honor your son is to fix a broken immigration system. Along with Senator McCain, I've been trying to get it fixed rather than yelling about it. In our bill, you get increased penalties if you come back into the country once you're deported. If you're a felon, you can never come back into the country. There's a lady holed up in a church right now with two kids. Do you want her deported? I don't. What I want to do is keep the people who killed your son from ever coming back to our country, identify them and kick their ass out, and give that lady a chance to stay here by learning our language, paying taxes, and getting to the back of the line. That's what I'm for.

If we declare war on Islamic faith, we're all going to lose

Graham said the initial travel ban was offensive to the 3,500 Muslims who serve in the US military. "Here's what I hope the President understands: When you do something like this, if it's perceived as declaring war on the faith, we're all going to lose," Graham said.

Change comprehensive reform plan to account for terrorism

GRAHAM: Well, the first thing I would do is make adjustments to reality [of ISIS and terrorism]. I would make changes to that bill in light of what I know today.

SANTORUM: Lindsey says this is a real war, until it comes to immigration. And, then, all of a sudden it's not such a real war.

Q: What would you do?

SANTORUM: We've created a magnet. We're attracting people. We have a policy that says amnesty. The world hears this, and knows that if they can come across this border, by and large, they're going to be able to stay. That has to change.

Increase legal immigration because we need workers

Those who stay will have to learn our language

We can't deport 11M illegals, but we can start

GRAHAM: We're not going to deport 11 million people here illegally, but we'll start with felons, and off they go. And, as to the rest, you can stay, but you got to learn our language. Speaking English is a good thing. You got to pay taxes, you got to pay a fine, you got to get in the back of the line. You've got to secure your border or they'll keep coming. If you don't control who gets a job that never ends. As to birthright citizenship, once we clean up this mess, in the future, prospectively, I'm going to look at the following. There are people buying tourist visas that go to resorts with maternity wards with the expressed purpose of having children here in America. Yeah, I'd like to stop that in the future.

We need more legal immigration

Legal status for undocumented workers

Graham, too, spoke in favor of immigration reform, including legal status for undocumented workers, a stand often opposed by conservative audiences. He cast his support in terms of economic necessity, to expand the workforce to pay for entitlement programs for retiring Baby Boomers.

LEGISLATIVE path to citizenship, NOT via executive action

A: Graham supports a legislative pathway to citizenship, as shown in the Gang of Eight bill he cosponsored--but like most of his fellow Republicans, he opposes Obama's executive actions on immigration.

Q: Should the children of undocumented immigrants be offered a pathway to citizenship?

A: Given his support for a general pathway to citizenship for adults, it's not surprising that he supports the same pathway for DREAMers. "I don't believe most Americans would fault the Republican Party if we allowed children who have been here since they're babies to assimilate into society with a pathway to citizenship after we secure our borders," Graham told CNN in December.

Need comprehensive reform, not partial executive action

GRAHAM: Yes. It's one thing to say, as an executive agency, "I don't have the money to prosecute everybody or to deport everybody, so I'm going to rank them in order." It's another for the president of the United States to say, "not only will I decide not to prosecute a group of people, but I will affirmatively give you legal status." That is well beyond executive action.

Q: So what to do?

GRAHAM: Immigration has been dogging the country since 2006. I have a solution that I have been supporting that is comprehensive, that would allow legal status to the people in question. But you do it through a congressional action, where you get the entire system fixed. His action does not secure the border. It doesn't fix a broken legal immigration system. And it leaves millions of people left out in terms of the 11 million.

Driving out 11 million illegals impractical; fix the system

GRAHAM: Shame on us as Republicans for having a body that cannot generate a solution to an issue that it's national security, that's cultural and it's economic. The Senate has done this three times. I love my House colleagues, but if you want a piecemeal approach, do it. But doing nothing? I'm disappointed in my party. Are we still the party of self-deportation? Is it the position of the Republican Party that the 11 million must be driven out? I have never been in that camp as being practical. I am in the camp of securing our borders first, fixing a broken legal immigration, have an E-Verify program so you can't cheat.

Q: Isn't the president saying, "you have got to deal with the 11 million?"

GRAHAM: No, he decided not to delay prosecution, but affirmatively granted legal status to five million people.

Streamline and quicken deportations

GRAHAM: There will be no money for supplemental [budget bills] without changes in the 2008 law. We have to streamline and quicken deportations. There'll be no immigration reform because of the crisis on the border. I blame Obama for this moment. But in 2015, if we start over, and the Republican Party doesn't get immigration reform right in 2015, our chances in 2016 of winning the White House are very low.

Secure border now in place with comprehensive immigration

GRAHAM: We practically militarized the border. I have been hearing for years, "let's secure our border, let's regain our sovereignty." We have secured our border in a way I could not have imagined five years ago. This whole border security amendment, I think, is the most aggressive attempt to control the southern border and regain our sovereignty. This bill reduces our deficit by $890 billion. It is good for our economy. This bill is good for our national security. No one can get a green card until border security measures are up and running, until E-Verify is up and running controlling a job in America.

New amnesty is tough and ends incoming illegals

GRAHAM: As to the 11 million [illegal immigrants here now], they will have an earned, hard pathway to citizenship. They have to get in the back of the line before they can become citizens. They can't cut in line. They have to pass two English proficiency exams. I reject the idea of becoming the Mideast or Europe where you have 11 million people with a legal status who can't be part of America. America is different than the Mideast and Europe. E pluribus unum, out of many, one. This is tough practical solution for our national security, for our economy and tough, practical solution to 11 million. And most importantly, if we do the bill, amnesty is the status quo. If we do this bill, there will be no third wave of illegal immigration.

Voted NO on continuing federal funds for declared "sanctuary cities".

SUPPORTER'S ARGUMENT FOR VOTING NO ON TABLING MOTION:Sen. VITTER: There are so-called sanctuary cities which establish as an official policy of their jurisdiction: We are not going to cooperate with Federal immigration enforcement officials. That is wrong. What is more, it is completely contrary to Federal immigration law. My amendment says: We are going to put some consequence to that defiance of Federal law. We are not going to give them COPS funds. We are going to send those funds, instead, to all of those other jurisdictions which abide by Federal law.OPPONENT'S ARGUMENT FOR VOTING YES ON TABLING MOTION:Sen. DURBIN: There are sanctuary cities in about 23 different States across America. What the Vitter amendment will do is to take away the COPS funding from those cities. Police departments will tell you they need the cooperation of everyone to solve crimes and stop crime. If you create fear in the minds of those who are here in an undocumented status that any cooperation with the police will result in their arrest, they will not cooperate and criminals will go free. Let's not use the COPS Program as some sort of threat. If you want to deal with immigration, deal with it responsibly in a comprehensive way. SUPPORTER'S RESPONSE:Sen. VITTER: If folks feel that way, they should come to Congress and change Federal law, not simply defy Federal law. This is another amnesty vote. Are we going to give folks in sanctuary cities amnesty for defying Federal law and refusing to cooperate with Federal immigration officials? LEGISLATIVE OUTCOME:Motion to Table Agreed to, 58-40

Voted YES on comprehensive immigration reform.

Establishes specified benchmarks which must be met before the guest worker and legalization programs may be initiated:
1. operational control of the border with Mexico;
2. Border Patrol increases;
3. border barriers, including vehicle barriers, fencing, radar, and aerial vehicles;
4. detention capacity for illegal aliens apprehended crossing the US-Mexico border;
5. workplace enforcement, including an electronic employment verification system; and
6. Z-visa alien processing.

Proponents recommend voting YES because:

If we do not legislate now, we will not legislate later this year when our calendar is crowded with Iraq and appropriations bills. We are then an election year, and it will be pushed over to 2009. Circumstances will not be better then, they will be worse.

A vote against cloture is a vote to kill the bill. A Senator may vote for cloture and then express himself in opposition to the bill by voting against the bill.

Opponents recommend voting NO because:

If this bill becomes law, we will see only a 13% reduction in illegal immigration into America, and in the next 20 years we will have another 8.7 million illegals in our country. How can that be reformed? I submit this would be a disaster.

The Congressional telephone systems have shut down because of the mass phone calls Congress is receiving. A decent respect for the views of the American people says let's stop here now. Let's go back to the drawing board and come up with a bill that will work.

The American people get it, and they do have common sense and wisdom on this issue. They know repeating the fundamental mistakes of the 1986 bill, joining a big amnesty with inadequate enforcement, will cause the problem to grow and not diminish. They know promising enforcement after 30 years of broken promises isn't good enough. They know the so-called trigger is a joke because if the trigger is never pulled, the Z visas, the amnesty happens forever.

Voted YES on declaring English as the official language of the US government.

Proponents recommend voting YES because:

Right now, the polling shows that 91% of the people in America want English as an official language, and 76% of Hispanics believe English should be an official language.

Opponents recommend voting NO because:

I believe the American people understand in order to succeed in our society, immigrants need to learn English. But the amendment would do a number of things that are problematical. The first is that it is contrary to the provisions of law that exist in many States. For example, in New Mexico, you have in their State Constitution, a provision that says that many of the documents within that State have to be provided in both English and Spanish. The same thing is true for the State of Hawaii. I believe this is a States rights issue, and those constitutions of those States ought to be respected. I do not believe it is a matter we ought to be imposing here from Washington DC.

Also, this amendment would undo an executive order conceived by President Bill Clinton and implemented by President George Bush. Both recognized it is important that people who have limited English proficiency receive the kinds of services so they can understand what is going on in terms of the interface between the Government and themselves.

Voted NO on eliminating the "Y" nonimmigrant guestworker program.

Proponents recommend voting YES because:

This legislation says we wish to add something called guest workers or temporary workers. With guest workers, working Americans would discover there is no opportunity for upward mobility at their job. In fact, every day their employers are trying to find ways to push down wages, eliminate retirement, and eliminate health care. What has happened in this country, with what is called the "new global economy," is dramatic downward pressure on income for American workers. The guest worker program provides that 400,000 people will be able to come in to assume jobs in our country per year--adding to the 12 million illegal immigrants already here.

Opponents recommend voting NO because:

I certainly concur about the need to secure our borders, about the need to have a workable immigration system, and the need for reform that ensures the rule of law is restored in the US. Where I differ is in the belief that we can actually achieve these goals if we have no ability for temporary workers to come to the country. This amendment would eliminate the temporary worker program from this bill.

Now, there are several reasons why a temporary worker program, within certain constraints, is a good idea. The first reason is because it will help to relieve the magnet for illegal immigration. The reason most of the people are crossing our border illegally is to get employment. There are jobs available for them. Some people say this is work Americans will not do. That is actually not true. But there are not enough American citizens to do all of the work that needs to be done. So naturally the law of supply and demand sets in here. People come across the border illegally, and they take that work. What we want to do is both close the border, but also eliminate the magnet for illegal employment here, because the reality is desperate people will always try to find some way to get into the country.

Voted YES on building a fence along the Mexican border.

1. systematic border surveillance through more effective use of personnel and technology; and
2. physical infrastructure enhancements to prevent unlawful border entry

Proponents support voting YES because:

It is obvious there is no more defining issue in our Nation today than stopping illegal immigration. The most basic obligation of any government is to secure the Nation's borders. One issue in which there appears to be a consensus between the Senate and the House is on the issue of building a secure fence. So rather than wait until comprehensive legislation is enacted, we should move forward on targeted legislation which is effective and meaningful. The legislation today provides over 700 miles of Within 18 months, achieves operational control over U.S. land and maritime borders, including:

1. systematic border surveillance through more effective use of personnel and technology; and
2. physical infrastructure enhancements to prevent unlawful border entry

Proponents support voting YES because:

It is obvious there is no more defining issue in our Nation today than stopping illegal immigration. The most basic obligation of any government is to secure the Nation's borders. One issue in which there appears to be a consensus between the Senate and the House is on the issue of building a secure fence. So rather than wait until comprehensive legislation is enacted, we should move forward on targeted legislation which is effective and meaningful. The legislation today provides over 700 miles of

Voted YES on establishing a Guest Worker program.

Voting YES establishes a guest worker program with a path to citizenship for illegal aliens who have worked in the US for 5 years. The bill:
• Increases border security and enforcement
• Makes it unlawful to knowingly hire, recruit, or refer for a fee an unauthorized alien.
• Establishes a temporary guest worker program (H-2C visa) with a three-year admission and one additional three-year extension; and issuance of H-4 nonimmigrant visas for accompanying or following spouse and children;
• Provides permanent resident status adjustment for a qualifying illegal alien, and family, for aliens who have been in the US and employed for five years.

Proponents of the bill say:
• Our immigration system is broken and needs to be repaired. This bill is a strong step in the right direction. We need to protect our borders and look out for American workers, and we also need a responsible way to meet the need for temporary workers, particularly in the agricultural area, where they represent about 70 percent of the U.S. agricultural workforce, with a path to earned citizenship for hard-working, law abiding temporary workers. This bill, the product of bipartisan compromise, takes a commonsense approach to all of these issues.

Opponents of the bill say:
• Our country has been built by immigrants. But the reason we have had quotas for immigration is the world has progressed in different parts of this globe at a very different rate. In some countries, the economies have lagged far behind.
• There are jobs available in this country with rates of pay that are far in excess of those of Third World countries. We have on our southern border people who aspire to come to this country. In order to protect our way of life and our standard of living and to protect jobs, we have quotas.

Voted YES on allowing illegal aliens to participate in Social Security.

To reduce document fraud, prevent identity theft, and preserve the integrity of the Social Security system, by ensuring that persons who receive an adjustment of status under this bill are not able to receive Social Security benefits as a result of unlawful activity.

Proponents of the amendment say to vote NAY because:
• The Immigration Reform bill would allow people to qualify for social security based on work they did while they were illegally present in the US and illegally working in the US. People who broke the law to come here and broke the law to work here can benefit from their conduct to collect social security.
• In some cases, illegal immigrants may have stolen an American citizen's identity. They may have stolen an American's social security number to fraudulently work. This amendment corrects this problem.

Opponents of the amendment say to vote YEA because:
• Americans understand that for years there are undocumented workers who have tried to follow our laws and be good neighbors and good citizens, and have paid into the Social Security Trust Fund.
• Once that person regularizes his or her status, and as they proceed down the path to earned citizenship, they should have the benefit after having followed the law and made those contributions. That is fairness.
• We should not steal their funds or empty their Social Security accounts. That is not fair. It does not reward their hard work or their financial contributions.
• The amendment proposes to change existing law to prohibit an individual from gaining the benefit of any contributions made while the individual was in an undocumented status. I oppose this amendment and believe it is wrong.

Voted YES on extending Immigrant Residency rules.

Voted YES on more immigrant visas for skilled workers.

Sponsored comprehensive immigration reform, without amnesty.

SPONSOR'S INTRODUCTORY REMARKS: Sen. McCAIN: This bipartisan, comprehensive immigration reform legislation is designed to fix our Nation's broken immigration system. While in previous years we worked independently on immigration reform legislation, we are coming together today to introduce what we believe is groundbreaking, comprehensive legislation. Over a year ago, the President laid out a framework for what comprehensive immigration reform should look like. We have used the President's framework to craft this package.

The simple fact is that America's immigration system is broken. Recent vigilante activities along the southwestern border have shown that the current situation is not sustainable. Americans are frustrated with our lack of border security and our inability to control illegal immigration.

Make no mistake, this is not an amnesty bill. We are not here to reward law-breakers, and any accusations to the contrary are patently untrue. This bill recognizes the problems inherent in the current system and provides a logical and effective means to address these problems. It would be impossible to identify and round up all 10 to 11 million of the current undocumented, and if we did, it would ground our Nation's economy to a halt. These millions of people are working. Aliens will not come forward to simply "report and deport." We have a national interest in identifying these individuals, incentivizing them to come forward out of the shadows, go through security background checks, pay back taxes, pay penalties for breaking the law, learn to speak English, and regularize their status. Anyone who thinks this goal can be achieved without providing an eventual path to a permanent legal status is not serious about solving this problem.

LEGISLATIVE OUTCOME:Referred to Senate Committee on the Judiciary; never came to a vote. [The famous McCain-Kennedy legislation which DID come to a vote was the 2007 version of this bill].

Rated 27% by USBC, indicating an open-border stance.

OnTheIssues.org interprets the 2005-2006 USBC scores as follows:

• 0%-30%: open-border stance (approx. 197 members)
• 30%-70%: mixed record on open borders (approx. 70 members)
• 70%-100%: sealed-border stance (approx. 202 members)

U.S. Border Control, founded in 1988, is a non-profit, tax-exempt, citizen's lobby. USBC is dedicated to ending illegal immigration by securing our nation's borders and reforming our immigration policies. USBC [works with] Congressmen to stop amnesty; seal our borders against terrorism and illegal immigration; and, preserve our nation's language, culture and American way of life for future generations.

Our organization accepts no financial support from any branch of government. All our support comes from concerned citizens who appreciate the work we are doing to seal our borders against drugs, disease, illegal migration and terrorism and wish to preserve our nation's language, culture and heritage for the next generations.

Support national emergency at the Southern border.

Resolved by the Senate and House of Representatives: That the national emergency declared by the finding of the President on February 15, 2019, in Proclamation 9844 is hereby terminated.

Proclamation 9844 issued by the president on Feb. 15, 2019: Declares a state of national emergency at the southern border to address the issues of illegal immigration and criminal trafficking into the US: "The current situation at the southern border presents a border security and humanitarian crisis that threatens core national security interests and constitutes a national emergency. The southern border is a major entry point for criminals, gang members, and illicit narcotics. The problem of large-scale unlawful migration through the southern border is long-standing, and despite the executive branch's exercise of existing statutory authorities, the situation has worsened in certain respects in recent years. Because of the gravity of the current emergency situation, it is necessary for the Armed Forces to provide additional support to address the crisis."

Opposing the Proclamation (supporting the Resolution), ACLU press release, 2/15/2019 The ACLU issued the following statement upon filing a lawsuit: "By the president's very own admission in the Rose Garden, there is no national emergency. He just grew impatient and frustrated with Congress, and decided to move along his promise for a border wall 'faster.' This is a patently illegal power grab that hurts American communities and flouts the checks and balances that are hallmarks of our democracy."

Legislative outcome Passed House 245-182-5 roll #94 on Feb. 26; pass Senate 59-41 roll #49 on March 14; Vetoed by Pres. Trump; veto override failed, 248-181-3 (2/3 required), roll #127 on March 26

Declared English the official language of the US.

OFFICIAL CONGRESSIONAL SUMMARY:

Amends Federal law to declare English to be the official language of the US Government.
• Representatives of the Federal Government have an affirmative obligation to preserve and enhance the role of English as the official language of the Federal Government.
• Requires such representatives to conduct official business in English.
• Prohibits anyone from being denied Government services because he or she communicates in English.
• Requires that all officials conduct all naturalization ceremonies entirely in English.
• Declares that nothing in this Act shall be construed to limit the preservation or use of Native Alaskan or Native American languages.

EXCERPTS FROM BILL:

The Congress finds and declares the following:
2. The US is comprised of individuals and groups from diverse ethnic, cultural, and linguistic backgrounds.
4. The US has benefited and continues to benefit from this rich diversity.
5. The common thread binding individuals of differing backgrounds has been a common language.
6. The Federal Government should maintain a language common to all people.
7. English has historically been the common language and the language of opportunity in the US.
8. The purpose of this title is to help immigrants better assimilate and take full advantage of opportunities in the US.
9. By learning the English language, immigrants will be empowered with the language skills and literacy necessary to become responsible citizens and productive workers in the US.
10. The use of a single common language in conducting official business of the Federal Government will promote efficiency and fairness.
11. English should be recognized in law as the language of official business of the Federal Government.
12. Any monetary savings derived from the enactment of this title should be used for the teaching of the English language to non-English-speaking immigrants.