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Robert Menendez on Immigration

Democratic Jr Senator; previously Representative (NJ-13)

 


DREAMer kids have grown up as Americans

Q: Immigration: Path to citizenship for DACA ("Dreamers"), who grew up in US after being brought here illegally?

Robert Hugin (R): Yes. "I support a path to citizenship for people who are here building a constructive, productive life."

Robert Menendez (D): Yes. "These kids have grown up as Americans." Also helped craft broader bipartisan immigration bill.

Source: 2018 CampusElect.org Issue Guide on New Jersey Senate race , Oct 9, 2018

Enforcement-only means largest deportation in history

Q: Should illegal immigrants be forcibly deported?

MENENDEZ: An enforcement-only approach-which Kean now supports-has not worked. But last spring, Kean called for a path towards legal status for illegal immigrants if they paid a fine-similar to the bi-partisan bill I voted for. However, just two weeks later, Kean said the legislation should include deporting all undocumented immigrants. Making a felon of anyone undocumented would bring about the most massive roundup and deportation in the history of the world.

KEAN: Menendez voted against hiring 10,000 new border agents; voted against a security fence across the US-Mexico border; and voted against enhancing sentences for illegal aliens convicted of a violent crime. That’s a dangerous voting record. My immigration stance can be summed up in two sentences:

Source: Hall Institute N.J. Senate Virtual Debate , Sep 24, 2006

Voted YES on continuing federal funds for declared "sanctuary cities".

CONGRESSIONAL SUMMARY: To create a reserve fund to ensure that Federal assistance does not go to sanctuary cities that ignore the immigration laws of the United States and create safe havens for illegal aliens and potential terrorists. This vote is a motion to table the amendment; voting YES would kill the amendment.

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

Reference: Bill Table S.Amdt.4309 to S.Con.Res ; vote number 08-S069 on Mar 13, 2008

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.

Reference: McCain-Kennedy Immigration Reform Bill; Bill S.1639 ; vote number 2007-235 on Jun 28, 2007

Voted NO on declaring English as the official language of the US government.

Voting YES would declare English as the national language of the Government of the US. Unless specifically provided by statute, no person would have an entitlement to have the Government of the US communicate or provide materials in any language other than English. If an exception is made with respect to the use of a language other than English, the exception does not create a legal entitlement to additional services in that language. If any form is issued by the Federal Government in a language other than English, the English language version of the form is the sole authority for all legal purposes. Nothing in this amendment shall prohibit the use of a language other than English.

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.

Reference: National Language Amendment Act; Bill S.Amdt.1151 to S.1348 ; vote number 2007-198 on Jun 6, 2007

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.

Reference: Dorgan Amendment; Bill S.Amdt.1153 on S.1348 ; vote number 2007-174 on May 22, 2007

Voted NO on building a fence along the Mexican border.

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
Defines "operational control" as the prevention of all unlawful U.S. entries, including entries by terrorists, other unlawful aliens, narcotics, and other contraband.

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
Defines "operational control" as the prevention of all unlawful U.S. entries, including entries by terrorists, other unlawful aliens, narcotics, and other contraband.

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

Reference: Secure Fence Act; Bill H R 6061 ; vote number 2006-262 on Sep 29, 2006

Voted YES on establishing a Guest Worker program.

Reference: Comprehensive Immigration Reform Act; Bill S. 2611 ; vote number 2006-157 on May 25, 2006

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

Voting YEA would table (kill) the proposed amendment to prohibit illegal immigrants from receiving Social Security benefits. Voting NAY supports that prohibition, while voting YEA supports immigrants participating in Social Security. Text of amendment:
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.
Reference: Preclusion of Social Security Credits; Bill S.Amdt.3985 to S.2611 ; vote number 2006-130 on May 18, 2006

Voted YES on giving Guest Workers a path to citizenship.

This amendment to the Comprehensive Immigration Reform Act would prohibit H-2C nonimmigrants ("Guest Workers") from adjusting to lawful permanent resident status. Voting YEA on the motion to table (which would kill the amendment) indicates supporting a path to citizenship for guest workers. Voting NAY on the motion indicates opposing any path to citizenship. The amendment says:
Notwithstanding any other provision of this Act, an alien having nonimmigrant status is ineligible for and may not apply for adjustment of status.''
Reference: Kyl Amendment to Comprehensive Immigration Reform Act; Bill S.Amdt.3969 to S.2611 ; vote number 2006-135 on May 18, 2006

Voted NO on reporting illegal aliens who receive hospital treatment.

Vote to pass the bill that would require hospitals to gather and report information on possible illegal aliens before hospitals can be reimbursed for treating them. The bill would also make employers liable for the reimbursements if an undocumented employee seeks medical attention, unless the employer meets particular conditions for exemption. The bill would specify that hospitals aren't required to provide care to undocumented aliens if they can be transported to their home country without a significant chance of worsening their condition.
Reference: Undocumented Alien Emergency Medical Assistance Amendments; Bill HR 3722 ; vote number 2004-182 on May 20, 2004

Voted YES on extending Immigrant Residency rules.

Vote on motion to suspend the rules and pass the bill that would extend by four months a law allowing some immigrants to remain in the country while pursuing legal residency.
Reference: Motion sponsoerd by Gekas, R-PA; Bill HR1885 ; vote number 2001-127 on May 21, 2001

Voted YES on more immigrant visas for skilled workers.

Vote to pass a bill to increase the number of temporary visas granted to highly skilled workers from 65,000 to 115,000 by the year 2000.
Reference: Bill introduced by Smith, R-TX.; Bill HR 3736 ; vote number 1998-460 on Sep 24, 1998

Rated 0% by FAIR, indicating a voting record loosening immigration.

Menendez scores 0% by FAIR on immigration issues

The Federation for American Immigration Reform (FAIR) is a national, non-profit, public interest membership organization of concerned citizens united by their belief in the need for immigration reform. Founded in 1979, FAIR believes that the U.S. can and must have an immigration policy that is non-discriminatory and designed to serve the environmental, economic, and social needs of our country.

FAIR seeks to improve border security, to stop illegal immigration, and to promote immigration levels consistent with the national interest—more traditional rates of about 300,000 a year.

With more than 70,000 members nationwide, FAIR is a non-partisan group whose membership runs the gamut from liberal to conservative.

The ratings are based on the votes the organization considered most important; the numbers reflect the percentage of time the representative voted the organization's preferred position.

Source: FAIR website 03n-FAIR on Dec 31, 2003

Rated 0% by USBC, indicating an open-border stance.

Menendez scores 0% by USBC on immigration issues

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

About USBC (from their website, www.usbc.org):

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.

Source: USBC website 06n-USBC on Dec 31, 2006

Provide lawyers and evidence for children being deported.

Menendez co-sponsored S.2540/H.R.4646

This bill authorizes the Department of Justice (DOJ) to appoint or provide counsel at government expense to aliens in removal proceedings.

  • The Department of Homeland Security (DHS) shall provide an alien in removal proceedings with all relevant documents in its possession, unless the alien has knowingly waived the right to such documents.
  • DOJ may appoint or provide counsel to aliens in any INA proceeding.
  • DHS shall ensure that aliens have access to counsel inside all immigration detention and border facilities.
  • DOJ shall appoint counsel, at government expense if necessary, for an unaccompanied alien child or a particularly vulnerable individual.
  • DHS shall establish a pilot program to increase the court appearance rates of unaccompanied alien children and particularly vulnerable individuals by contracting with nongovernmental, community-based organizations to provide such aliens with case management services.
    Source: Fair Day in Court for Kids Act 16-S2540 on Feb 11, 2016

    Opposes more border security, according to CC survey.

    Menendez opposes the CC survey question on border security

    The Christian Coalition Voter Guide inferred whether candidates agree or disagree with the statement, 'Increase Border Security Including Additional Infrastructures ' Christian Coalition's self-description: "Christian Voter Guide is a clearing-house for traditional, pro-family voter guides. We do not create voter guides, nor do we interview or endorse candidates."

    Source: Christian Coalition Surve 18CC-12 on Jul 1, 2018

    Sponsored bill to disallow religion-based immigration ban.

    Menendez co-sponsored NO BAN Act

    The National Origin-Based Antidiscrimination for Nonimmigrants Act (NO BAN Act) imposes limitations on the President's authority to suspend or restrict aliens from entering the US. It also prohibits religious discrimination in various immigration-related decisions, such as issuing a visa. The President may temporarily restrict the entry of any class of aliens after determining that the restriction would address specific and credible facts that threaten U.S. interests such as security or public safety.

    GovTrack.us analysis (4/21/21): President Donald Trump instituted a travel ban on eight countries: Chad, Iran, Iraq, Libya, North Korea, Syria, Venezuela, and Yemen. The Supreme Court upheld the travel ban 5-4 in the 2018 decision Trump v. Hawaii. Trump's travel ban was popularly nicknamed "the Muslim ban" by its Democratic critics since most of the countries it applied to were majority Muslim, and because Trump as a 2016 candidate had indeed proposed a Muslim ban. Regardless, President Joe Biden rescinded the policy on his first day in office. Currently, federal law bans any person from being discriminated against when entering the U.S. on the basis of five characteristics: race, sex, nationality, place of birth, or place of residence. The NO BAN Act would add another category: religion.

    Rep. Tom McClintock in OPPOSITION: President Trump invoked this authority against countries that were hotbeds of international terrorism and that were not cooperating with the US in providing basic information about travelers coming from these countries. The left called it a 'Muslim ban.' What nonsense. Without this authority, the president would have been powerless to take simple, prudent precautions against terrorists and criminals from entering the US.

    Legislative Outcome: Passed House 218-208-3 on April 21, 2021, rollcall #127; introduced in Senate with 42 co-sponsors but no further Senate action during 2021.

    Source: H.R.1333/S.1891 21-HR1333 on Feb 25, 2021

    2021-22 Governor, House and Senate candidates on Immigration: Robert Menendez on other issues:
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    Barbara Buono
    Chris Christie
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    Doug Steinhardt
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    NJ Senatorial:
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    Cory Booker
    Hirsh Singh
    Jeff Chiesa
    Murray Sabrin
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    Republican Freshman class of 2021:
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    Special Elections 2021-2022:
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    Page last updated: Feb 13, 2022