Ted Kennedy on Immigration Democratic Sr Senator (MA)

2005 & 2007: guest worker program & path to citizenship

In 2007, another bipartisan immigration reform effort was made, led by Senators John Kyl and Kennedy. The bill would have introduced a point system to identify and favor high-value immigrants, increased significantly the number of employment-based green cards, reduced family preferences, and established a guest-worker program. That effort failed as well: some liberals opposed it on the grounds of protecting American workers, while conservative opponents denounced it on the grounds of amnesty and border security.

Undocumented workers are an exploited minority

It was a performance of sheer, unstoppable will. Ted lumbered away from the podium to chants of "Teddy! Teddy!" There, waiting for him, was Vicki, who had barely left his side in the previous 3 months, and Caroline, his children, and several members of the younger generation of Kennedys. All of them stood waiting for the patriarch.

2007: Held firm for Grand Bargain on immigration reform

McCain-Kennedy bill: bipartisan alternative to HR.4437

The goal was to pressure Congress to defeat HR.4437 and to pass instead a bill that had been proposed by Sen. Ted Kennedy (D, MA) and Sen. John McCain (R, AZ). The Kennedy-McCain bill, S.2611, was billed as an attempt to be "balanced," including a "guest worker" program and a "pathway to citizenship" for illegal aliens who had been in the US for five years or more.

OpEd: Started immigration crisis with Reform Act of 1965

Voted YES 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 NO 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 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 giving Guest Workers a path to citizenship.

Notwithstanding any other provision of this Act, an alien having nonimmigrant status is ineligible for and may not apply for adjustment of status.''

Proponents of the amendment say to vote NAY because:
• The Immigration Reform Act purports to create two different paths to citizenship for those, first of all, who are in the country living outside of the law in an undocumented status, and secondly, for those who are not yet present in the country but who want to come here at some future date to work.
• We have given the somewhat misleading name of ''guest worker'' to the so-called future flow. A guest is not ordinarily defined as someone who moves in with you and never leaves.
• These so-called guest workers could work here up to 6 years, after which they then apply for a green card. They then get on the path to American citizenship 5 years later.
• It is important for us to debate this issue honestly. The amendment simply makes the point that a guest worker ought to be temporary.

Opponents of the amendment say to vote YEA because:
• If this amendment should pass, that whole compromise is destroyed because a fundamental part of that compromise was that those who have been here for 2 to 5 years would be eligible for green card status and citizenship. This amendment would destroy that compromise.
• We have examples today in Europe of having people living in your country with no hope to ever be a part of that society. No hope, no opportunity, no future, but we will let you work.

Voted NO on allowing more foreign workers into the US for farm work.

Voted NO on visas for skilled workers.

Voted NO on limit welfare for immigrants.

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].

Pay fair prevailing wage to guest workers.

SPONSOR'S INTRODUCTORY REMARKS: Sen. OBAMA: We have to ensure that communities where American unemployment rates are high will not experience unnecessary competition from guest workers. So to that end, this amendment strengthens the prevailing wage & freezes the guest worker program in communities with unemployment rates for low-skilled workers of 9% or greater.

This amendment would establish a true prevailing wage for all occupations to ensure that guest workers are paid a wage that does not lower American wages. The [underlying bill S.2611] requires that employers advertise jobs to American workers at a prevailing wage before offering that job to a guest worker. And it requires that employers pay guest workers a prevailing wage. But the bill, currently, without the amendment, does not clarify how to calculate the prevailing wage for workers not covered by a collective bargaining agreement. That leaves most jobs and most workers unprotected.

My amendment fixes that. It directs the employer to use Department of Labor data to calculate a prevailing wage in those cases in which a collective bargaining agreement does not apply. That would mean an employer would have to make an offer at an average wage across comparable employers instead of just an average wage that she or he is willing to pay.

The amendment also would establish stronger prohibitions on the guest worker program in high unemployment areas. The bill currently bars use of the program if the unemployment rate for low-skilled workers in a metropolitan area averages more than 11%. Our amendment would lower that unemployment rate to 9% of workers unemployed with a high school diploma or less. There is no reason any community with large pockets of unemployed Americans needs guest workers.

LEGISLATIVE OUTCOME:Amendment agreed to in Senate by Voice Vote.

Rated 0% 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.