The Comprehensive Immigration Reform Act of 2007 (full name: Secure Borders, Economic Opportunity and Immigration Reform Act of 2007 ()) was a bill discussed in the 110th
United States Congress
The United States Congress is the legislature of the federal government of the United States. It is Bicameralism, bicameral, composed of a lower body, the United States House of Representatives, House of Representatives, and an upper body, ...
that would have provided legal status and a path to citizenship for the approximately 12 million undocumented immigrants residing in the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
. The bill was portrayed as a compromise between providing a path to citizenship for undocumented immigrants and increased border enforcement: it included funding for of vehicle barriers, 105 camera and radar towers, and 20,000 more Border Patrol agents, while simultaneously restructuring visa criteria around high-skilled workers. The bill also received heated criticism from both sides of the immigration debate.
The bill was introduced in the
United States Senate
The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States.
The composition and po ...
on May 9, 2007, but was never voted on, though a series of votes on amendments and
cloture
Cloture (, also ), closure or, informally, a guillotine, is a motion or process in parliamentary procedure aimed at bringing debate to a quick end. The cloture procedure originated in the French National Assembly, from which the name is taken. ' ...
took place. The last vote on cloture, on June 7, 2007, 11:59 AM, failed 34–61 effectively ending the bill's chances. A related bill S. 1639, on June 28, 2007, 11:04 AM, also failed 46–53.
Ted Kennedy
Edward Moore Kennedy (February 22, 1932 – August 25, 2009) was an American lawyer and politician who served as a United States senator from Massachusetts for almost 47 years, from 1962 until his death in 2009. A member of the Democratic ...
and
John McCain
John Sidney McCain III (August 29, 1936 – August 25, 2018) was an American politician and United States Navy officer who served as a United States senator from Arizona from 1987 until his death in 2018. He previously served two te ...
, sometimes referred to as the "McCain–Kennedy or McKennedy Bill."
* The Comprehensive Enforcement and Immigration Reform Act of 2005 (S. 1438), a bill proposed in July 2005 by Senators
John Cornyn
John Cornyn III ( ; born February 2, 1952) is an American politician and attorney serving as the senior United States senator from Texas, a seat he has held since 2002. A member of the Republican Party, he served as the Senate majority whip for ...
and
Jon Kyl
Jon Llewellyn Kyl ( ; born April 25, 1942) is an American politician and lobbyist who served as a United States Senator for Arizona from 1995 to 2013 and again in 2018. A Republican, he held both of Arizona's Senate seats at different times, s ...
Arlen Specter
Arlen Specter (February 12, 1930 – October 14, 2012) was an American lawyer, author and politician who served as a United States Senator from Pennsylvania from 1981 to 2011. Specter was a Democrat from 1951 to 1965, then a Republican fr ...
, which was passed in the Senate in May 2006 but never passed in the House.
The bill's sole sponsor in the Senate was Majority Leader
Harry Reid
Harry Mason Reid Jr. (; December 2, 1939 – December 28, 2021) was an American lawyer and politician who served as a United States senator from Nevada from 1987 to 2017. He led the Senate Democratic Caucus from 2005 to 2017 and was the Sena ...
, though it was crafted in large part as a result of efforts by Senators Kennedy, McCain and Kyl, along with Senator
Lindsey Graham
Lindsey Olin Graham (born July 9, 1955) is an American lawyer and politician serving as the senior United States senator from South Carolina, a seat he has held since 2003. A member of the Republican Party, Graham chaired the Senate Committee on ...
, and input from President George W. Bush, who strongly supported the bill. For that reason it was referred to in the press by various combinations of these five men's names, most commonly "Kennedy–Kyl". A larger group of senators was involved in creating the bill, sometimes referred to as the 'Gang of 12'. Senator
David Vitter
David Bruce Vitter (born May 3, 1961) is an American lobbyist, lawyer, and politician who served as United States Senator for Louisiana from 2005 to 2017.
A Republican, Vitter served in the Louisiana House of Representatives from 1992 to 1999. ...
of Louisiana led the opposition to the bill, clashing with McCain and Senator
United States House of Representatives
The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together they ...
, although to considerably less public attention.
On June 7, three Senate votes on cloture (a move to end discussion) for the bill failed with the first losing 33–63, the second losing 34–61 and the third losing 45–50. This had been thought by some observers to signal the end of the bill's chances, since on that day, after the first failing vote, Harry Reid had told reporters that, if another vote on cloture failed, "the bill's over with. The bill's gone."
However, at the urging of President Bush, the bill was brought back for discussion in the Senate as bill S. 1639 on June 25. On June 26, a motion to proceed passed the Senate, by a margin of 64–35 (under Senate rules it needed 60 votes). A number of amendments to the bill were considered and rejected. On June 28, the bill failed to get the 60 votes necessary to end debate. The final
cloture
Cloture (, also ), closure or, informally, a guillotine, is a motion or process in parliamentary procedure aimed at bringing debate to a quick end. The cloture procedure originated in the French National Assembly, from which the name is taken. ' ...
vote lost, 46–53. This effectively ended its chances, and President Bush said he was disappointed at Congress's failure to act on the issue.
Changes to immigration policy
S.1639 would have created a new class of visa, the "Z visa", that would be given to everyone who was living without a valid visa in the United States on Jan. 1, 2010; this visa would give its holder the legal right to remain in the United States for the rest of their lives, and access to a
Social Security number
In the United States, a Social Security number (SSN) is a nine-digit number issued to U.S. citizens, permanent residents, and temporary (working) residents under section 205(c)(2) of the Social Security Act, codified as . The number is issued to ...
. After eight years, the holder of a Z visa would be eligible for a
United States Permanent Resident Card
A green card, known officially as a permanent resident card, is an identity document which shows that a person has permanent residency in the United States. ("The term 'lawfully admitted for permanent residence' means the status of having been ...
(a "green card") if they wanted to have one; they would first have to pay a $2,000 fine, and back taxes for some of the period in which they worked. By the normal rules of green cards, five years after that the undocumented immigrant could begin the process of becoming a U.S. citizen.
S.1639 would have required such an undocumented immigrant to be in his or her home country when he or she applies for a green card.
S.1639 would have also ended
family reunification
Family reunification is a recognized reason for immigration in many countries because of the presence of one or more family members in a certain country, therefore, enables the rest of the divided family or only specific members of the family to e ...
, in which an immigrant who becomes a U.S. citizen can ease the process by which their relatives from outside the country can get green cards. Under the bill, only the spouse and children of a new citizen would be made eligible for green cards.
S.1639 would eliminate the employer-sponsored component of the immigration system and replace it with a point-based "merit" system. Points would be awarded by the USCIS adjudicating officers for a combination of education, job skills, family connections and English proficiency. Sponsorship of a U.S. employer would not be required although additional points would be awarded if a U.S. job offer was available. The
labor certification Labor certification (not to be confused with the Labor Condition Application, LCA) is an immigration process step in the United States of America. Its stated goal is to " protect U.S. workers and the U.S. labor market by ensuring that foreign worke ...
process would also be eliminated. Several family-based immigration categories would also be folded into the point system. Points-based systems are already used for admitting skilled immigrants in the United Kingdom, Australia, Canada and other developed countries.
Guest worker program
Another new category of visa, the "Y visa", would have been created, that would let temporary guest workers stay in the country for two years, after which they would have to return home. The original bill set this program at 400,000 people a year. However, its scope was greatly reduced by two amendments passed by the Senate: the first, sponsored by Senator
Jeff Bingaman
Jesse Francis "Jeff" Bingaman Jr. (born October 3, 1943) is an American politician who served as a United States Senator from New Mexico from 1983 to 2013, for 5 terms. A member of the Democratic Party, he served as Chairman of Committee Outrea ...
, reduced the number of entrants to 200,000 a year; the second, sponsored by Senator
Byron Dorgan
Byron Leslie Dorgan (born May 14, 1942) is an American author, businessman and former politician who served as a United States Representative (1981–1992) and United States Senator (1992–2011) from North Dakota. He is member of the Democratic ...
, set the program to only run for five years.
Increased enforcement
The bill would have increased enforcement of the
United States-Mexico border
United may refer to:
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* United, Pennsylvania, an unincorporated community
* United, West Virginia, an unincorporated community
Arts and entertainment Films
* ''United'' (2003 film), a Norwegian film
* ''United'' (2011 film), a BBC Two f ...
, including increasing the number of border patrol agents by 20,000 and adding another of fencing, among others.
The bill would have also created a new program, the "Employment Eligibility Verification System", that would be a central database meant to hold immigrant-status information on all workers living in the United States. Eventually all employers, regardless of size of the company, would have been required to assemble this information and keep the system updated on all their employees.
Under the terms of the bill, no further part of the bill would have gone forward until these measures had been implemented.
A group of conservative
Republican
Republican can refer to:
Political ideology
* An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law.
** Republicanism, the ideology in support of republics or agains ...
senators, led by Jim DeMint, claimed that a majority of the enforcement provisions in the bill were already required under previous law, including the 2005 REAL ID Act and the 2006 Secure Fence Act.
DREAM Act provisions
The bill contained within it the entirety of the
DREAM Act
The Development, Relief, and Education for Alien Minors Act, known as the DREAM Act, is a United States legislative proposal to grant temporary conditional residency, with the right to work, to illegal immigrants who entered the United States a ...
, a bill that has been introduced unsuccessfully several times in the House and Senate, that would provide a path to citizenship for undocumented immigrants brought into the country as minors who either go to college or serve in the U.S. military; it would also restore states rights in determining eligibility for in-state tuition.
The DREAM Act has four basic requirements, which are:
* Must have entered the country before the age of 16;
* Must graduate high school or obtain a GED;
* Must have good moral character (no criminal record); and
* Must have at least five years of continuous presence in the US.
Criticism
The bills received heated criticism from both the
right wing
Right-wing politics describes the range of Ideology#Political ideologies, political ideologies that view certain social orders and Social stratification, hierarchies as inevitable, natural, normal, or desirable, typically supporting this pos ...
and the
left wing
Left-wing politics describes the range of political ideologies that support and seek to achieve social equality and egalitarianism, often in opposition to social hierarchy. Left-wing politics typically involve a concern for those in so ...
.
Conservatives
Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilization in ...
rejected providing a path to citizenship for undocumented immigrants, as it would reward them for disregarding United States immigration laws. Liberals criticized the points-based system and provisions limiting family reunification visas available to only
nuclear family
A nuclear family, elementary family, cereal-packet family or conjugal family is a family group consisting of parents and their children (one or more), typically living in one home residence. It is in contrast to a single-parent family, the larg ...
members of US citizens as unfair. Labor unions, human rights, and some Hispanic organizations attacked the guest workers program, claiming that it would create a group of underclass workers with no benefits. Another criticism of the guest workers program was that because each guest worker is required to return home for a year before renewing his or her visa, these workers would instead overstay their visa, becoming
illegal immigrants
Illegal immigration is the migration of people into a country in violation of the immigration laws of that country or the continued residence without the legal right to live in that country. Illegal immigration tends to be financially upwa ...
.
High-tech industry criticized the point-based
green card
A green card, known officially as a permanent resident card, is an identity document which shows that a person has permanent residency in the United States. ("The term 'lawfully admitted for permanent residence' means the status of having been ...
system for scrapping employer sponsorship of green card applications and eliminating priority processing for the highly skilled workers specifically selected by the U.S. employers. Many immigration practitioners, while supporting aspects of the proposal, criticized the bill as "unworkable" and called for fundamentally revising it.
Critics of the bill in the U.S. Senate also complained that the Senate consideration of the bill did not follow the usual procedure, as the bill did not go through the committee debate and approval process and the opportunities to offer floor amendments were limited.
Shari Robertson
Shari Robertson is an American film director and producer. Her filmmaking credits include '' Twelve Stories: How Democracy Works Now'', '' Well-Founded Fear'', ''These Girls Are Missing'', ''Inside the Khmer Rouge'', ''Return to Year Zero'' and ...
and
Michael Camerini
Michael Camerini is a British-born American film director, producer and cinematographer. His filmmaking credits include ''FRONTLINE: Immigration BattleNiger:Tales of Resilience'' '' Twelve Stories: How Democracy Works Now'', ''Well-Founded Fear ...
, centers around Ted Kennedy's efforts to pass the Comprehensive Immigration Reform Act of 2007. The film premiered on HBO as "The Senators' Bargain" on March 24, 2010, and was featured in the 2010
Human Rights Watch
Human Rights Watch (HRW) is an international non-governmental organization, headquartered in New York City, that conducts research and advocacy on human rights. The group pressures governments, policy makers, companies, and individual human ...
Film Festival at Lincoln Center. Since its release the film has become an important resource for advocates, policy-makers and educators.
See also
*
Immigration
Immigration is the international movement of people to a destination country of which they are not natives or where they do not possess citizenship in order to settle as permanent residents or naturalized citizens. Commuters, tourists, ...
*
Immigration to the United States
Immigration has been a major source of population growth and cultural change throughout much of the history of the United States. In absolute numbers, the United States has a larger immigrant population than any other country in the worl ...
THOMAS
Thomas may refer to:
People
* List of people with given name Thomas
* Thomas (name)
* Thomas (surname)
* Saint Thomas (disambiguation)
* Thomas Aquinas (1225–1274) Italian Dominican friar, philosopher, and Doctor of the Church
* Thomas the A ...
Reason
Reason is the capacity of consciously applying logic by drawing conclusions from new or existing information, with the aim of seeking the truth. It is closely associated with such characteristically human activities as philosophy, science, lang ...