Mr. President, this debate matters to our country – and there can be no doubt that America is watching. We’ve witnessed a tremendous demonstration of public protest and civic participation in American cities across the country. In the Senate and in our communities we are once again wrestling with the important and complicated issue of immigration reform – an issue that goes to the heart of who we are as a people and what we are as a nation. An issue that has divided America repeatedly in our history, revealing humanity and courage side-by-side with isolationism and fear.

We may be divided today as we figure our way forward, but we agree on our past and our heritage as a nation of immigrants—of people who have come to the United States in search of a better life, of freedom, of opportunity, and of having their voices heard.

We also agree that our immigration system is broken. And we agree that more resources must be sent to the border in order to strengthen enforcement, add more border patrol agents, and invest in new technologies. But we are divided over whether simply strengthening enforcement at the border will solve this complicated issue or whether we must do more.

Let’s take a moment to understand the complexity and reality of the problem facing us today. This is a problem I have thought a lot about. I have spent time discussing it with members of the Congressional Hispanic Caucus and other national leaders. There are an estimated 11 million undocumented immigrants living and working in the United States today. The nation’s employers demand these workers to take low-wage, low-skilled jobs that they are unable to find domestic workers to fill. There are not enough visas for these workers to come legally and, with the lure of higher-paying jobs than they could find in their home countries, workers come to fill them. The system that employers are supposed to use to verify the legal status of employees is weak and subject to exploitation by both workers using false documents and employers who seek only tacitly to comply with the law. Therefore, our challenge is to secure the border, regularize the flow of immigrants into and out of our country, deal with the 11 million undocumented workers currently living in the shadows, and create an effective employee verification system.

Some have suggested that we can respond to this complicated challenge simply by tightening our borders and leave it at that. They believe that the approximately 11 million undocumented immigrants currently living and working in our country will return to their home countries. And those who won’t leave voluntarily should be rounded up and deported. Mr. President, how would we do that? How would we find 11 million people living in the shadows? And how would we compel them to leave? What would we say to their children, grandchildren, and the businesses and communities that depend on them?

Conservative commentator George Will summed this reality up best in his column last week. He wrote “Of the nation's illegal immigrants – estimated to be at least 11 million, a cohort larger than the combined populations of 12 states – 60 percent have been here at least five years. Most have roots in their communities. Their children born here are U.S. citizens. We are not going to take the draconian police measures necessary to deport 11 million people. They would fill 200,000 buses in a caravan stretching bumper-to-bumper from San Diego to Alaska – where, by the way, 26,000 Latinos live. And there are no plausible incentives to get the 11 million to board the buses.”

Offering up border enforcement as a panacea may be a nice political talking point. But it is not a good strategy and it will not fix our broken immigration system.

I am also troubled by the anti-immigrant statements that have been made during this debate – statements that expose a limited understanding of the role immigrants and immigrant workers play in the fabric of our economy, society, and communities – and most troubling, statements intended to divide and distract..

For example, arguing against the need for immigrant labor, Congressman Dana Rohrabacher said “Let the prisoners pick the fruits. We can do it without bringing in millions of foreigners.”

According to Congressman Bob Beauprez, “if we continue down this path that the Senate has established, . . . we will have created the biggest magnet ever. It would be like a dinner bell, ‘Come one, come all.’”

Congressman Steve King said that anyone who supports a guest-worker proposal should be “branded with a scarlet letter A,” for “amnesty.”

Congressman Tom Tancredo wants to turn America into a gated community, warning people that among the people crossing our borders are “people coming to kill me and you and your children.” He laments the “cult of multiculturalism” and worries that America is becoming a “Tower of Babel.”

These statements do not reflect the contributions that immigrants have made to our country over centuries – or the contributions they make today. Most of us in this country descend from immigrants. I am in fact married to an immigrant and I know how loyal people can become to the country that welcomes them and gives them the ability to fulfill the American dream.

The vast majority of the American people understand the value immigrants provide to our country. They understand enforcement alone will not work. And they’ve taken to the streets to make their voices heard. Half a million people demonstrated in Los Angeles to protest an enforcement-only approach to immigration reform – far surpassing the number of people who protested the Vietnam War. More than 10,000 people participated in the “Day without Latinos” rally in Milwaukee, WI leaving their jobs and marching through downtown. Similar walk-outs have occurred in other parts of the country, with both students and laborers protesting enforcement-only immigration proposals like the House bill. Churches and humanitarian organizations have become actively involved in the fight for comprehensive immigration reform. In fact, just yesterday I spoke with Hispanic Evangelical leaders about their concerns regarding the immigration crisis in our country. Cardinal Roger M. Mahoney, the archbishop of Los Angeles, has spearheaded an effort by the Roman Catholic Church to defy the House bill that criminalizing immigrants and the organizations that help them. The people are making their voices heard. They understand what is at stake. They understand the role that immigrants play in this country, and they are fighting to ensure that we end up with a fair, humanitarian, realistic solution.

While some are intent on pursuing an enforcement-only strategy, others have embraced a comprehensive approach. I am very encouraged by the Judiciary Committee’s bipartisan bill, which is now a full substitute amendment to Senator Frist’s bill offered by Senator Specter. The Specter amendment includes the four cornerstones of effective immigration reform (1) strengthening our border enforcement; (2) regulating visas to meet work flow needs; (3) providing a path to legalization for undocumented workers living and working in the United States; and (4) helping employers enforce our immigration laws.

Make no mistake about it, Mr. President, the Specter amendment is tough on enforcement and border security. I am concerned that because Senator Frist’s bill is described as “enforcement-only,” some people make incorrectly assume that the Specter substitute fails to include strong enforcement provisions. That is simply not the case. The Specter substitute doubles the size of the Border Patrol by adding 12,000 new agents over the next five years; it doubles interior enforcement by adding 5,000 investigators over the next five years; it adds new technology at the border to create a “virtual fence;” expands the exit and entry system at all land and air ports; mandates a new land and water surveillance plan; and increases the criminal penalties for violating our immigration laws.

The Specter substitute also addresses the reason undocumented workers come to this country: demand for their labor. Workers illegally cross the border because we do not have enough visas to meet our labor needs leally. They come because they know that they can get a job when they get here. One of the key elements to stopping the illegal flow of workers across the border is to increase the number of visas available for people to come and work in the country legally.

The temporary worker program created by the Specter substitute will help to regularize the flow of immigrant workers into and out of this country. Recipients of a temporary worker visa must be sponsored by an employer who has unsuccessfully tried to fill the position with a U.S. worker.

I understand some people fear that allowing temporary workers into the United States will hurt U.S. workers by depressing wages. The proposed temporary worker program, however, has labor protections and market wage requirements: the worker must receive at least the same wage as someone similarly situated or at the prevailing wage level for his job—whichever is greater. The workers will receive a three-year visa, renewable for three years and will have the ability to curb employer abuse by changing jobs. In addition, after working for four years, the employee could petition for a green card. Thus, the temporary worker program meets the labor needs of employers while remaining flexible enough to accommodate changes in the marketplace.

Equally important is reducing the backlog of people waiting for visas. 260,000 new family visas and 150,000 new employment visas will be added each year. 30% of the employment visa pool will be reserved for “essential workers.” And, perhaps most importantly, those currently waiting for visas will be processed before any of the current undocumented workers. In other words, they will stay at the front of the line.

The Judiciary Committee bill also provides a realistic and effective way to deal with the 11 million undocumented workers already here. Anyone who believes that it is feasible to return those workers to their native country has no real concept of what an incredible undertaking that would be. How would we find them? What incentive would they have to come out of the shadows? How would we get them back to their native countries?

Some have called this path to legalization amnesty, but it is not an amnesty, there is no free ride. There are fines and punishments and requirements to abide by. Immigrants must overcome ten separate hurdles in order to qualify. First, they must show they are eligible for a temporary worker program. Second, they must remain continuously employed going forward. Third, they must pay approximately $2,000 in fines and fees. Fourth, they must pass a security background check. Fifth, they must pass a medical exam. Sixth, they must learn English. Seventh, they must learn U.S. history and government. Eighth, they must pay all back taxes. Ninth, they must have been here before January, 2004. And tenth, they will be placed at the “back of line” behind all applicants waiting for green cards.

Those, Mr. President, are onerous burdens. We are not simply going to forgive and forget. We’re going to make those that have come into this country without proper documentation earn their right to stay here.

The final piece of the immigration reform puzzle is creating a workable employer verification system. We rely on employers to help enforce our immigration laws by refusing to hire undocumented workers. Currently, however, employers do not have a reliable system for checking the validity of social security numbers and other forms of documentation. The Specter substitute bill creates a system that will enable employers to quickly and accurately verify a potential employee’s legal status.

The last immigration reform we passed in 1986 intended to address the root causes of illegal workers coming to the United States to find work. But it failed to draw all illegal workers out of the shadows, thereby creating the kernel of today’s undocumented population. And the employer verification laws were difficult for employers to follow and the government to enforce. The Specter substitute amendment that the Judiciary Committee worked so hard to create and pass in a bipartisan fashion does not make the same mistake as the 1986 immigration overhaul.

Mr. President, I’d like to briefly mention another important aspect of this immigration reform bill, something that I have supported for quite some time: the DREAM Act. The DREAM Act will enable young people who have spent most of their lives in the United States, who believe in our country, and who have stayed out of trouble can have a chance at a higher education It gives incredibly bright and capable young people a real chance at success, and it gives our country well-educated, hard working citizens. Including the DREAM Act in comprehensive immigration reform is makes sense, and I am glad that the Judiciary Committee, led by Senator Durbin, included it.

I think there is some minor room for improvement to the Judiciary Committee bill, which is why I am offering an amendment to strengthen the Border Patrol, both by providing them with additional resources and by providing additional incentives for recruitment and retention.

From 1995 to 2002, we experienced a growing trend of agent attrition within the Border Patrol. This was very troubling because not only did we have trouble meeting our security needs, but we also lost experienced border patrol agents. Although that trend has been slowly reversing itself in the past three years, we need to ensure that it is not a problem in the future, particularly as we take important steps to strengthen border enforcement. I am offering an amendment that will provide incentives for Border Patrol agents to stay in service. These incentives include increasing their maximum student loan repayments, authorizing recruitment and relocation bonuses, giving agents the same retirement benefits as law enforcement, and allowing them to get credit for private service. Border Patrol agents have difficult yet critical jobs and we need to do everything in our power to keep that security force strong.

My amendment would also ensure that Border Patrol agents have the tools they need to get the job done. For example, it increases the number of helicopters and power boats available for border patrol; it makes sure that there is one vehicle for every three agents and ensures that each of those vehicles is equipped with a portable computer; it provides every agent with clear and encrypted 2-way radios, night vision equipment, GPS devices; high-quality border armor; and reliable and effective weapons. And, it makes sure that each and every agent has the necessary uniform for the climate they work in. These may seem like small things, but they are absolutely necessary. Our Border Patrol agents, individuals who spend their days protecting our security, should have every benefit that technology has to offer. My amendment will help ensure that happens.

I also intend to offer an amendment which will eliminate provisions that gives administration officials unreviewable authority to make immigration decisions with dramatic impacts on individuals’ lives As currently drafted, the Specter bill allows the Secretary of Homeland Security, the Attorney General, and consular officials to have the sole - and final - authority to make detention, deportation, admissibility and citizenship determinations that will affect asylum seekers, legal permanent residents, and those seeking to naturalize. This is an unprecedented concentration of power in the hands of unelected and unaccountable administration officials. And we’ve all seen how reliable and competent this particular Administration’s official can be.

We cannot allow the balance of power to be shifted in this way. We cannot reverse over 200 years of precedent and statutes that make the courts the ultimate arbiters of who can become a citizen. Many innocent individuals will be denied any opportunity to challenge a wrongful deportation or incarceration order. And a good number of them will not even be informed of the basis for their detention or deportation – let alone provided an opportunity to establish their innocence. This result is un-American and unacceptable. I hope my colleagues join me in eliminating those provisions that deny due process to potential United States citizens from the Specter bill.

Mr. President, I whole-heartedly support the Judiciary Committee bill – the Specter substitute amendment. Right now, immigrants are pushed into a chaotic underground world. They come into our country to meet a growing labor need that would otherwise remain unfilled. We not only have to prevent this dark world from expanding, we also have to deal with it as it exists. The Judiciary Committee’s bill would tighten the borders to prevent a greater influx of undocumented workers, but it would also reward virtue in dealing with our undocumented population. Immigrants who worked hard, paid fines, paid their taxes, stayed out of trouble, and waited their turn would have a chance to become citizens. This isn’t, as some of my colleagues claim, government rewarding illegality; it is government remaining true to the principles we were founded on. Passing the Judiciary Committee bill is the right thing to do. It is the fair thing to do. I hope that my colleagues support both it and my amendment aiding Border Patrol Agents.

Thank you.

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