A comprehensive immigration reform bill died in the Senate on
Thursday, June 28, when the measure failed to receive enough support to
move to
a final vote.
By a 53-46 margin, senators voted against cloture, a
parliamentary
procedure requiring 60 votes to end debate.
The Senate failure casts a cloud over immigration reform—a
complex
issue that has stirred political passions and splintered political
parties and interest groups.
No one is predicting when or if the bill will be put back on
the
Senate schedule. In a statement, President Bush didn’t mention reviving it.
It’s also unclear whether Congress will proceed with pieces
of
reform, such as employer verification and increasing the number of visas for
highly skilled immigrants.
The House probably won’t move ahead with its own bill. There
is fierce Republican opposition in that chamber to a path toward legalization
for the some 12 million undocumented workers in the United States.
Rep. Zoe Lofgren, D-California and a member of the House
Judiciary
Committee, said comprehensive reform is not possible before 2009.
Lofgren has been holding a series of immigration hearings.
"The Senate voted for the status quo, and its inability to
move
forward on comprehensive immigration reform effectively ends comprehensive
immigration reform efforts in the 110th Congress,” Lofgren said in a
statement.
“The House now needs to take stock of the situation to determine
whether
anything can be done to improve the current unsatisfactory
system.”
Senate Democratic leaders haven’t given up on an immigration
reform
bill, but they aren’t setting a date for its return. A total of 46
senators voted for cloture—34 Democrats and 12 Republicans.
“It will come back; it’s only a question of when,” Senate
Majority
Leader Harry Reid, D-Nevada, said on the floor after the vote. “We have
to work more closely together.”
In the near term, it may be easier to address immigration
reform
piecemeal. For instance, Congress could take up employer verification
because enforcement is an issue that draws wide support.
“I don’t know why we wouldn’t proceed to deal with that,”
Sen. John
Cornyn, R-Texas, said in an interview after the vote. “It’s a huge
problem and relatively easy to fix.”
Cornyn, who voted against cloture, acknowledges that it would
be
expensive to put in place a machine-readable, secure Social Security card,
which he calls a key to viable verification.
Senate Republicans who opposed cloture continue to advocate
stopping
illegal immigration at the border and in the workplace.
“We need to make sure that the administration gets the
message that
enforcement comes first,” said Sen. Jim DeMint, R-South Carolina,
in a
press conference following the vote. Sen. David Vitter, R-Louisiana,
suggested a supplemental appropriation bill to fund enforcement.
An amendment on employer verification could have caused
controversy
in the Senate debate. Written by Sens. Max Baucus, D-Montana,
Charles
Grassley, R-Iowa, and Barack Obama, D-Illinois, it would have modified
the delicately negotiated Senate bill so that employers would only have
to
verify new hires and those suspected of being illegal, rather than
every
employee.
Under the Senate bill, all employers would have to sign up
for a
government-run electronic verification system called Basic Pilot. They
would have to verify new hires within 18 months and all workers within
three
years.
The Society for Human Resource Management and other HR groups
criticize Basic Pilot as inefficient, inaccurate and unable to detect
identity
fraud. Currently, 16,000 companies use the system voluntarily.
Under the Senate
bill, all 7 million U.S. employers
would have to sign
up.
The SHRM-led HR Initiative for a Legal Workforce opposed the
verification portion of the Senate bill.
“While we supported the process, the Senate immigration bill
lacked
critical provisions necessary to ensure a legal workforce,” said Sue
Meisinger, SHRM president and CEO and co-chair of the HR Initiative, in
a
statement. “As congressional leaders consider next steps, we
urge both the
House and Senate to recognize that employment
verification is the most essential
part of effective immigration
reform. We urge Congress to adopt a safe,
reliable and equitable
system that meets the needs of employers and
employees."
The HR Initiative supports cleaning up government databases
and
establishing a secure electronic verification system based on
state-of-the-art technology that could incorporate biometrics.
Bolstering verification is politically popular because
members of
Congress stress shutting off the “jobs magnet” for illegal
immigration.
Earlier in the week, the White House issued a statement
touting the
hefty fines contained in the Senate bill—up to $75,000 per illegal
worker on the payroll—and the fact it would make it easier to hold
companies
liable for illegal hiring.
Even if immigration reform is not revived, the government
will
maintain its crackdown on employers, according to a speaker at the SHRM
Annual Conference & Exposition in Las Vegas on Monday, June 25.
“Work-site enforcement is going to continue, and they’re
going to
get nastier,” said Montserrat Miller, a lawyer at the Washington firm Greenberg
Traurig.
But government may ease up on immigration for highly skilled
workers. Cornyn supports raising H-1B visa caps to make it easier for
U.S. companies to
recruit
foreign nationals who are graduating from U.S. colleges
and universities.
The Senate bill would have boosted the H-1B ceiling from
65,000
annually up to 180,000. A group of high-tech companies that has been
advocating H-1B reform was pushing for higher limits—and vows to keep
up the
fight.
“Today’s vote is not the end of the line, as we will redouble
our
efforts in both the House and the Senate to ensure that U.S. employers have
both the tools and the educated workforce necessary for the U.S.
economy to
innovate and grow,” said Robert Hoffman, Oracle vice
president of government and
public affairs and co-chair of Compete
America, in a statement.
—Mark Schoeff
Jr.