Voted on Senate floor in favor of amendment to expand chain migration in 2007

Sen. Biden voted in favor of the Clinton Amendment (SA 1183) to S. 1348. The Clinton Amendment would significantly increase legal immigration by adding an unlimited number of spouses and minor children of lawful permanent residents to the uncapped immediate relative category that currently is for the spouses, minor children and parents of U.S. citizens only. The spouses and minor children of lawful permanent residents currently are allocated some 87,000 visas each year. The Clinton Amendment failed by a vote of 44 to 53.

Voted on Senate floor in favor of amendment to increase chain migration in 2007

Sen. Biden voted in favor of the Menendez Amedment (SA 1194) to S. 1395. The Menedez Amendment would not only increase near-term legal immigration by more than 100,000 each year, it would remove even the façade that the bill would end chain migration. Specifically, it would change the cut-off date for reducing the “backlog” of family-sponsored immigration applicants from May 1, 2005, to January 1, 2007, the same date by which illegal aliens must have been unlawfully present in the United States in order to receive amnesty under this bill. It also adds 110,000 green cards a year for adult children and sibling backlog reduction. The Menedez Amendment failed by a vote of 53 to 44.

Voted on Senate floor in favor of amendment to increase chain migration in 2007

Sen. Biden voted in favor of the Akaka Amendment (SA 1186) to S. 1387 The Akaka Amendment would exempt children of Filipino World War II veterans naturalized pursuant to the Immigration Act of 1990 from numerical limits on worldwide immigration. This additional exemption from caps on visa issuance would serve only to increase the flow of immigration into the United States.The Akaka Amendment passed by a vote of 97 to 9.

Voted in 1996 to continue chain migration

Sen. Biden in 1996 voted against the Simpson Amendment to S.1664. It was a vote in favor of a chain migration system that has been the primary reason for annual immigration levels snowballing from less than 300,000 in 1965 to around a million. Sen. Biden supported provisions that allow immigrants to send for their adult relatives. Then each of those relatives can send for their and their spouse's adult relatives, creating a never-ending and ever-growing chain. The bi-partisan Barbara Jordan Commission recommended doing away with the adult relative categories (begun only in the 1950s) in order to lessen wage depression among lower-paid American workers. The Simpson Amendment attempted to carry out that recommendation. But Sen. Biden helped kill the reform by voting with the 80-20 majority against the amendment. Sen. Biden's vote helped continue a level of immigration that the Census Bureau projects will result in a doubled U.S. population in the next century.

	Voted to strip legal reforms from 1996 bill
	Sen. Biden helped defeat legal immigration reform when he voted for Senator Spencer Abraham's amendment to remove the legal immigration reforms from S.1664, the Immigration Control and Financial Responsibility Act of 1996. This vote effectively killed any chance of Congress considering the Jordon Commission recommendations on easing legal immigration levels.

Voted in favor of chain migration in 1996

Sen. Biden voted in 1996 against the Feinstein Amendment to S.1664. The Feinstein Amendment would have reduced annual admission of spouses and minor children of citizens to 480,000 and significantly reduced annual limits other categories of chain migration such as parents of citizens and adult unmarried children of citizens. By voting against the Feinstein Amendment, Sen. Biden voted in favor of a system of chain migration that has been the primary reason for annual immigration levels snowballing from less than 300,000 in 1965 to around a million today. In 1996 the bi-partisan Barbara Jordan Commission recommended doing away with the adult relative categories (begun only in the 1950s) in order to lessen wage depression among lower-paid American workers. The Feinstein Amendment attempted to carry out that recommendation. The Feinstein Amendment would have had an overall impact of reducing U.S. population growth by about 1.2 million over 10 years, but it was defeated by a vote of 26 to 74.

Voted on Senate floor in favor of guestworker-amnesty bill by voting in favor of cloture motion to end debate and bring bill to a vote in 2007

Sen. Biden voted in favor of a motion to invoke cloture and limit debate on S. 1639, thereby preventing it from moving toward a final vote. S. 1639 is the “corrected and updated” version of S. 1348, the guestworker-amnesty bill that would: grant an amnesty; authorize the importation of millions of new foreign workers; and do little to curb our illegal immigration crisis. Two days prior to this vote, the Senate had voted to invoke cloture and move forward with the debate on S. 1639, outside normal channels and bypassing the committee process. Two weeks prior to this vote, the Senate rejected cloture on the “grand bargain” substitute amendment to S. 1348 by a 45-50 margin, thus halting – for the time being – the bill’s progress toward final passage. President Bush then stepped in to plead with Senate Republicans to give the “compromise” another look. Senate Majority Leader Reid chose to bring the proposal back to the Senate as a new bill, S. 1369. This motion to invoke cloture on S. 1639 (the second motion) failed by a vote of 46 to 53.

Voted on Senate floor in favor of guestworker-amnesty bill by voting in favor of a motion to bring bill to the Senate floor for a debate and a vote in 2007

Sen. Biden voted in favor of a motion to invoke cloture and bring S. 1639, the “corrected and updated” version of S. 1348, the guestworker-amnesty bill that would grant an amnesty, would authorize the importation of millions of new foreign workers, and would do little to curb our illegal immigration crisis, to the Senate floor. Two weeks prior to this vote, the Senate rejected cloture on the “grand bargain” substitute amendment to S. 1348 by a 45-50 margin, thus halting – for the time being – the bill’s progress toward final passage. President Bush then stepped in to plead with Senate Republicans to give the “compromise” another look and Senate Majority Leader Reid then brought the proposal back to the Senate as a new bill, S. 1369. The motion to invoke cloture passed by a vote of 64 to 35.

Voted on Senate floor in favor of guestworker-amnesty bill by voting in favor of motion to limit debate and move to vote in 2007

Sen. Biden voted in favor of the second cloture motion on the "grand bargain" substitute amendment (SA 1150) to S. 1348, the guestworker-amnesty bill that would grant an amnesty, would authorize the importation of millions of new foreign workers, and would do little to curb our illegal immigration crisis. The motion to invoke cloture would have ended the debate on the "compromise" proposal and limited further discussion of amendments to a previously-agreed upon set of proposals -- thus a vote against cloture was effectively a vote in favor of killing the amnesty-guestworker bill. The motion to invoke cloture failed by a vote of 45 to 50.

Voted on Senate floor in favor of amendment to kill border fence in 2006

Sen. Biden voted in favor of the Manager's Amendment (SA 4188), offered by Sen. Arlen Specter (R-PA), to S. 2611, the Comprehensive Immigration Reform Act of 2006. The Manager's Amendment made many minor changes to S. 2611, none of have significant numeric impacts on the overall bill. However, the Manager's Amendment included a provision that requires consultation with the government of Mexico concerning the construction of additional fencing and related border security structures along the international border between the United States and Mexico. This would virtually guarantee that the fence along the U.S.-Mexico border would never be completed. The Manager's Amendment passed by a vote of 56 to 41 to 1 (the 1 denotes a "present" vote).

Voted in favor of bill to increase immigration and grant amnesty to illegal aliens in 2006

Sen. Biden voted in favor of final passage of S. 2611, the Comprehensive Immigration Reform Act of 2006. S. 2611 would dramatically change most occupations and communities in America with the largest movement of foreign workers in world history. Specifically, S. 2611 would: reward approximately 10.2 million illegal aliens with an amnesty allowing them to permanently take American jobs and become U.S. citizens; entice millions more foreign workers to illegally enter our communities, crowd the housing and schools, take the jobs and depress the wages because they reasonably can believe they eventually will be given an amnesty, too; double legal immigration from 1 million to 2 million a year; give out permanent green cards to up to 66 million foreign workers and dependents over the next 20 years. The main difference in terms of numbers between the final version of S. 2611 and the version of the bill when the cloture motion was invoked was that the Bingaman Amendment to cap the number of employment-based visas for workers, spouses and children at 650,000 was adopted after cloture but before final passage. Robert Rector of the Heritage Foundation estimates that the Bingaman Amendment would reduce employment-based visas available under S. 2611 by about 150,000 a year. S. 2611 passed by a vote of 62 to 36.

Voted in favor of motion to invoke cloture on S. 2611 to increase overall immigration numbers and reward illegal aliens with amnesty in 2006

Sen. Biden voted in favor of a motion to invoke cloture on S. 2611, the Comprehensive Immigration Reform Act of 2006. The motion to invoke cloture was a procedural move to ends debate on S. 2611. If the motion had been rejected by at least 40 Senators, Majority Leader Bill Frist, MD (R-TN) would have had to choose between continued debate on S. 2611 and moving on to other legislative business. If the motion had failed, Sen. Frist was expected to move on to other legislative business, thus effectively killing the bill. S. 2611 provides an indirect path to citizenship for illegal aliens. S. 2611 also provides for major increases in temporary worker visas and permanent immigrant visas. It provides for at least an additional 100,000 H-1B visas annually; an additional 325,000 new guestworker visas (H-5A/H-2C visas); a one-time-only permanent increase of 310,660. In addition, the S. 2611 includes amnesty for an estimated 10.2 million illegal aliens (about 6.7 million illegal alien workers and 3.5 million illegal aliens spouse and/or children). The cloture motion passed by a vote of 73 to 25.

Voted in favor of motion to invoke cloture on bill to increase overall immigration numbers and reward illegal aliens with amnesty in 2006

Sen. Biden voted in favor of a motion to invoke cloture on SA 3424, a "compromise amnesty" proposal by Sens. Hagel (R-NE) and Martinez (R-FL). This was a procedural vote that was highly tied up in partisan politics. Although it is impossible to know just why one voted against cloture, most of those voting for cloture did so because they wanted the bill to be passed in a succeeding vote. Therefore, most of the votes against cloture were votes against the amnesty. The Hagel-Martinez proposal was put forth as an alternative to the Senate Judiciary Committee-passed amnesty proposal. The Hagel-Martinez proposal differs from the Judiciary Committee proposal in that it provides an indirect path to citizenship for illegal aliens as opposed to the direct path outlined in the Judiciary Committee proposal. It only allows illegal aliens who have been in the country for more than 5 years to stay in the United States and adjust to legal status. Those who have been here less than 5 years but more than two years would be required to exit the country and return through the a land port of entry with a visa. Over time, qualified individuals would have the chance to become citizens. The Hagel-Martinez compromise also provides for major increases in temporary worker visas and permanent immigrant visas. It provides for at least an additional 100,000 H-1B visas annually; an additional 325,000 new guestworker visas (H-5A/H-2C visas); a one-time-only permanent increase of 310,660; and a total annual increase in permanent immigrant visas of at least 1,154,700. In addition, the Hagel-Martinez compromise includes amnesty for an estimated 10.2 million illegal aliens (about 6.7 million illegal alien workers and 3.5 million illegal aliens spouses and/or children). The cloture motion failed by a vote of 38 to 60.

Voted in committee in favor of major amnesty-guestworker proposal in 2006

Sen. Biden voted in favor of a proposal sponsored by Senate Judiciary Committee Chair Arlen Specter (R-PA, which would provide a blanket amnesty for illegal aliens, a doubling of new permanent workers, and more than twice the number of new temporary workers. Specifically, Sen. Specter's proposal would provide for at least an additional 500,000 H-1B visas annually; a one-time-only permanent increase of 310,660; and a total annual increase in permanent immigrant visas of 1,008,660. In addition, Sen. Specter's proposal includes amnesty for an estimated 10.2 million illegal aliens (about 6.7 million illegal alien workers and 3.5 million illegal aliens spouses and/or children). NumbersUSA's analysis of the Specter proposal finds that a minimum of 31 million permanent immigrants would be allowed into the United States over the next 10 years under the Specter proposal. Click here to see a chart comparing the numeric effect of the Specter proposal with other Senate immigration bills. The Specter proposal was passed by the Senate Judiciary Committee by a vote of 12 to 6.

Voted for huge increase in 1990

Sen. Biden helped pass in 1990 that increased the numbers in all categories of immigration. America’s immigration tradition had been around 250,000 immigrants a year until the 1980s when numbers rose dramatically to more than 500,000 a year. After Sen. Biden voted in 1990 in favor of raising limits, immigration has now snowballed to around 1,000,000 (one million) a year, contributing the majority of U.S. population and labor growth, congestion and sprawl.

Cosponsored a bill to triple the number of H-2B workers in 2007

Sen. Biden is a cosponsor of the Save Our Small and Seasonal Businesses Act of 2007 (S 988). This bill would exempt any alien who has been present in the United States as an H-2B nonimmigrant worker for any one of the previous three fiscal years and who is returning to work as an H-2B from counting against the 66,000-per-year cap on H-2B visas (i.e., potentially tripling the number of H-2Bs in the U.S. at any one time). The main sponsor of this bill is Sen. Barbara Mikulski.

Voted on Senate floor in favor of amendment to sunset proposed guestworker program in 5 years in 2007
Sen. Biden voted in favor of the Dorgan Amendment (SA 1316) to S. 1348 that sunsets the Y-1 "temporary" nonimmigrant nonagricultural worker program five years after enactment. The Dorgan Amendment had been voted on by the Senate two weeks prior to this vote and it failed by a vote of 48 to 49, but this time the Senate voted to pass it by a vote of 49 to 48.

Voted on Senate floor in favor of amendment to protect American workers

Sen. Biden voted in favor of SA 1231, the Durbin Amendment to S. 1348 to ensure that employers make efforts to recruit American workers before hiring foreign workers. The Durbin Amendment eliminates provisions authorizing the Department of Labor to waive requirements that employers in "labor shortage areas" offer jobs to U.S. workers before seeking to import foreign workers. This would allow American jobs to be made available to U.S. workers first, regardless of the industry, occupation, or location of the job. The Durbin Amendment passed by a vote of 71 to 22.

Voted in favor of amendment to S. 1348 to increase H-1B visa fees in 2007
Sen. Biden voted in favor of the Sanders Amendment (S. 1223) to S. 1348. The Sanders Amendment would raise the fees employers who wish to import H-1B high-skill nonimmigrant workers from $1,500 to $10,000, with the funds going to scholarships for American high tech students. The Sanders Amendment passed by a vote of 59 to 35.

Voted on Senate floor for amendment to sunset proposed guestworker program in 2007
Sen. Biden voted in favor of the Dorgan Amendment> (SA 1181) to S. 1348 to sunset the bill's guestworker provisions in five years. The Dorgan Amendment failed by a vote of 48 to 49.

Voted in favor of amendment to cut proposed guestworker program in half in 2007
Sen. Biden voted in favor of the Bingaman Amendment (SA 1169) to S. 1348, the Comprehensive Immigration Reform Act of 2007. The Bingaman Amendment would reduce the annual importation of workers under the new guestworker programs proposed by S. 1348 from 400,000 to 200,000 workers per year. The Bingaman Amendment passed by a vote 74 of 24.

Voted in favor of amendment to kill proposed guestworker program in 2007
Sen. Biden voted in favor of the Dorgan Amendment to S. 1348 to delete provisions in the bill establishing new “guestworker” programs, which, potentially, could authorize the importation of up to 600,000 foreign workers per year. The Dorgan Amendment failed by a vote of 31 to 64.

Cosponsored legislation to increase H-2B workers who are present in the U.S. at any one time in 2006

Sen. Biden cosponsored S. 2284, the Save Our Small and Seasonal Business Act of 2006, to amend the Save Our Small and Seasonal Businesses Act of 2005 to extend for three years an exemption for any H-2B alien who has been counted against the 66,000-visa cap during any of the three previous three fiscal years. H-2B visas are issued to "temporary" or "seasonal" low-skill workers. S. 2284 would have ultimately harmed American workers by creating exemptions which potentially could triple the number of H-2B workers in the U.S. at any given time.

Voted in favor of amendment to cap employment-based visas in 2006

Sen. Biden voted in favor of the Bingaman Amendment (SA 4131) to to S. 2611, the Comprehensive Immigration Reform Act of 2006. The Bingaman Amendment would cap the number of employment-based visas for workers, spouses and children at 650,000. Robert Rector of the Heritage Foundation estimates that the Bingaman Amendment would reduce employment-based visas available under S. 2611 by about 150,000 a year. The Bingaman Amendment passed by a vote of 51 to 47.

Voted in favor of amendment to limit proposed guestworker program in 2006

Sen. Biden voted in favor of the Dorgan Amendment (SA 4095) to S. 2611, the Comprehensive Immigration Reform Act of 2006. The Dorgan Amendment would have prohibited the issuance of new H-2C "guestworker" visas after five years, but authorized DHS to continue to extend the authorized stay of an H-2C alien after that date. This would have reduced the number of new guestworkers under S. 2611 from two million to one million (200,000 per year for five years instead of 10 years). The Dorgan Amendment failed by a vote of 48 to 49.

Voted against amendment to create additional guestworker visa categories in 2006

Sen. Biden voted against the Hutchison Amendment (SA 4101) to S. 2611, the Comprehensive Immigration Reform Act of 2006. The Hutchison Amendment would require the State Department to grant a Secure Authorized Foreign Employee (SAFE) visa to a national of a NAFTA or CAFTA nation who meets specified requirements. The "E" visa is already a visa for treaty-trader countries, thus the Hutchison Amendment would have just created more unnecessary "guestworker" categories. The Hutchison Amendment failed by a vote of 31 to 67.

Voted to kill amendment to prevent guestworkers from getting greencards in 2006

Sen. Biden voted in favor of a motion to table the Kyl amdendment (SA 3969) to S. 2611. The Kyl amendment would have removed provisions allowing guestworkers admitted under S. 2611 to adjust status to that of lawful permanent resident on the basis of their status as a guestworker. This would have prevented 200,000 guestworkers a year from gaining greencards, resulting in 2 million less greencards over a decade. The motion to table the Kyl amendment passed by a vote of 58 to 35, effectively killing the amendment.

Voted on Senate floor against amendment to postpone guestworker-amnesty program until borders secured in 2006

Sen. Biden voted against the Cornyn Amendment (SA 3691, proposed for Sen. Isakson) to S. 2611, the Comprehensive Immigration Reform Act of 2006 . The Cornyn Amendment would prohibit DHS from implementing any guestworker program or granting amnesty as proposed by the bill unless the agency has certified that this bill’s border security measures and increases in Federal detention space have been completed and are fully operational. The Cornyn Amendment failed by a vote of 40-55.

Voted on Senate floor to kill amendment to strike guestworker provisions from immigration bill 2006

Sen. Biden voted for a motion to table the Dorgan Amendment (SA 4017) to S. 2611, the Comprehensive Immigration Reform Act of 2006 . The Dorgan amendment would have stricken the guestworker provisions of the bill that would add an estimated 8.4 million foreign workers and their dependents over the next ten years (according to a May, 2006 study by the Heritage Foundation’s Robert Rector). The motion to table passed by a voted of 68 to 29, effectively killing the Dorgan amendment.

Voted on Senate floor against killing amendment to cap guestworker visas in 2006

Sen. Biden voted against a motion to table the Bingaman Amendment (SA 3981) to S. 2611, the Comprehensive Immigration Reform Act of 2006 . This was a procedural move to terminate further discussion of the amendment. The Bingaman amendment (submitted by Sen. Bingaman for himself and Sen. Feinstein) would cap the number of H-2C visas available annually for issuance at 200,000 and remove the 20% a year increase in annual guestworker visas. This would reduce the 10-year increase in foreign workers and their dependents from 8.4 million, as provided in the original bill, to two million. The motion to table the Bingaman amendment failed by a vote of 18 to 79 and the Bingaman amendment ultimately passed by voice vote.

Voted on Senate floor against amendment to increase worker protections in 2006

Sen. Biden voted against the Cornyn amendment (SA 3965) to S. 2611, the Comprehensive Immigration Reform Act of 2006 . The Cornyn amendment (submitted for himself and Sen. Grassley) would offer modest protections for American workers from being displaced by a foreign worker by prohibiting H-2C visas for employers unless they attest that they will employ an alien in the offered job position and DHS certifies that there are not sufficient U.S. workers who are able, willing, qualified, and available to fill the position. The Cornyn amendment passed by a vote of 50 to 48.

	Voted on Senate floor for amendment to weaken worker protections in 2006
	Sen. Biden voted in favor of the Kennedy amendment (SA 4066) to S. 2611, the Comprehensive Immigration Reform Act of 2006 . The Kennedy amendment weakens Sen. Cornyn's amendment (SA 3965) by not requiring Federal certification of the employer's need to import foreign workers. The Kennedy amendment passed by a vote of 56 to 43.

Voted in committee against an amendment to increase immigration fees in 2005

Sen. Biden voted against the Hatch Amendment to the Specter Budget Reconciliation Plan that was attached to the Deficit Reduction Omnibus Reconciliation Act of 2005, S. 1932. The Specter plan (as amendment and passed by the Senate Judiciary Committee) would increase permanent, employment-based immigration by nearly tripling the number of foreign workers who can enter the U.S. each year. As well, it exempts workers’ families from the 140,000-visa cap on employment-based immigration. It also raises the cap on employment-based permanent immigration by adding each year the lesser of 90,000 visas or any "unused" employment-based visas from any prior year. Altogether, these provisions could generate a net increase in permanent immigration of 366,000 aliens, or about one-third of current, annual legal immigration. The Hatch Amendment was a substitute amendment to increase raise immigration fees by five percent across the board.

Voted in committe against amendment to strip proposal to import additional foreign workers from budget reconcilation plan in 2005

Sen. Biden voted as part of the Senate Judiciary Committee against the Sessions Amendment to the Specter Budget Reconciliation Plan that was attached to the Deficit Reduction Omnibus Reconciliation Act of 2005, S. 1932. The Specter plan (as amendment and passed by the Senate Judiciary Commtitee) would increase permanent, employment-based immigration by nearly tripling the number of foreign workers who can enter the U.S. each year. As well, it exempts workers’ families from the 140,000-visa cap on employment-based immigration. It also raises the cap on employment-based permanent immigration by adding each year the lesser of 90,000 visas or any “unused” employment-based visas from any prior year. Altogether, these provisions could generate a net increase in permanent immigration of 366,000 aliens, or about one-third of current, annual legal immigration. The Sessions Amendment was a substitute amendment of the House bill to increase L-1 visas fees by $1,500 and strip the immigration increases from the Specter plan.

Voted in committee in favor of amendment to cut in half proposal to import additional foreign workers in 2005

Sen. Biden voted as part of the Judiciary Committee in favor of the Feinstein Amendment to the Specter Budget Reconciliation Plan that was attached to Deficit Reduction Omnibus Reconciliation Act of 2005, S. 1932. The Feinstein Amendment cut the additional H-1B visas proposed in the Specter proposal in half (from 60,000 to 30,000) and added a $750 fee on L-1 visas. The Specter plan (as amendment and passed by the Senate Judiciary Committee) would increase permanent, employment-based immigration by nearly tripling the number of foreign workers who can enter the U.S. each year. As well, it exempts workers’ families from the 140,000-visa cap on employment-based immigration. It also raises the cap on employment-based permanent immigration by adding each year the lesser of 90,000 visas or any “unused” employment-based visas from any prior year. Altogether, these provisions could generate a net increase in permanent immigration of 366,000 aliens, or about one-third of current, annual legal immigration.

Voted against amendment to strip foreign-worker increase in 2005

Sen. Biden voted against the Byrd Amendment to S. 1932, the Budget Reconciliation bill. The amendment, introduced by Sen. Robert Byrd (D-WV), would have stripped ALL immigration increases from the Budget Reconciliation bill and replaced the increase with a provision to impose a $1,500 fee on employers who hire certain non-immigrants. The immigration increase was added to the Budget Reconciliation bill by the Senate Judiciary Committee as a result of an 14-2 vote in favor of an amendment introduced by Senator Arlen Specter. The Specter plan would increase permanent, employment-based immigration by nearly tripling the number of foreign workers who can enter the U.S. each year. As well, it exempts workers’ families from the 140,000-visa cap on employment-based immigration. It also raises the cap on employment-based permanent immigration by adding each year the lesser of 90,000 visas or any “unused” employment-based visas from any prior year. Altogether, these provisions could generate a net increase in permanent immigration of 366,000 aliens, or about one-third of current, annual legal immigration. Senator Byrd’s amendment was cosponsored by Sens. Sessions (R-AL) and Durbin (D-IL). It was also supported by the AFL-CIO. The Byrd Amendment failed by a vote of 14 to 85.

Voted to protect American workers by voting against foreign worker importation program in 2005

Sen. Biden voted against S. 1307, the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (CAFTA). CAFTA does not does NOT include any explicit language about visas. It does, however, include language in chapters 10 and 11 that is virtually identical to the language in other FTAs that creates the expectation of a right of immigration. It is expected that, like NAFTA, CAFTA will generate an increase in illegal immigration. CAFTA, like other recent FTAs, covers four "modes" of delivery of services between countries (Cross Border, Consumption Abroad, Commercial Presence and Movement of natural persons). Although there is nothing in the text of the agreement that would provide a single extra visa to the United States, by using language on Mode 3 and Mode 4 delivery of services that is identical or virtually identical to that in all recent FTAs, the USTR has allowed for the creation of an expectation of immigration. In other words, the foreign investors and service providers who read the agreement may easily believe that it will give them the right to enter the United States either to invest in a service providing company here or to go to work for a subsidiary from the home country. (Remember that Congress only has the authority to approve or reject free trade agreements; it many not amend them because of the President's fast track authority. Once Congress gives its approval, it may not pass laws that restrict or alter the provisions of the trade agreement, or the United States will be subject to trade sanctions.) CAFTA passed the Senate by a vote of 54 to 45.

Voted in favor of amendment to increase foreign-worker importation in 2005

Sen. Biden voted in favor of S. Amdt. 387, an amendment offered by Senator Barbara Mikulski (D-MD), to H.R. 1268, the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005. The Mikulski amendment to the Immigration and Nationality Act increased the number of H-2Bs who can enter and take jobs in the United States in the next two years and apportioned the H-2B visa cap so that visas will be available throughout the year. Specifically, the Mikulski Amendment would split the H-2B visa cap so no more than 33,000 visas are made available for the first six months the fiscal year, and another 33,000 visas would be available in the second half of the year. HOWEVER, the Mikulski Amendment exempts from the annual cap aliens granted an H-2B visa within three years prior to approval of an H-2B petition, thus potentially TRIPLING the number of H-2B workers in the United States at any one time. Although apportioning H-2B visas is a common-sense approach that will help prevent the situation that occurred in FY 2004 and FY2005 when the 66,000 annual cap on H-2B (low-skill) nonimmigrant visas was hit within the first quarter of the year, the Mikulski Amendment would ultimately harm American workers by creating exemptions which potentially could triple the number of H-2B workers in the U.S. at any given time. Fortunately, however, the increase is limited to two years, and the additional visas can go only to foreign workers who worked in this country legally during the last three years. The Amendment passed by a vote of 94 to 6.

Cosponsoring legislation to increase H-2B workers who are present in the U.S. at any one time in 2005-2006

Sen. Biden is a cosponsor of S. 352, the Save Our Small and Seasonal Business Act of 2005, to amend the Immigration and Nationality Act to limit the timing of issuance of H-2B visas during a fiscal year. Specifically, S. 352 would split the H-2B visa cap so no more than 33,000 visas are made available for the first six months the fiscal year, and another 33,000 visas would be available in the second half of the year. HOWEVER, S. 352 exempts from the annual cap aliens granted an H-2B visa within three years prior to approval of an H-2B petition, thus potentially TRIPLING the number of H-2B workers in the United States at any one time. Although timing the issuance of H-2B visas is a common-sense approach that would help prevent the situation that occurred in FY 2004 and FY 2005 when the 66,000 annual cap on H-2B (low-skill) nonimmigrant visas was hit within the first quarter of the year, S. 352 would ultimately harm American workers by creating exemptions which potentially could triple the number of H-2B workers in the U.S. at any given time.

	Voted for a foreign worker bill with no anti-fraud measures in 2000.
	Sen.Biden voted for S.2045, the Abraham foreign worker bill to nearly triple the number of foreign high-tech workers. On the heels of the release of a GAO report finding no proof of a high-tech worker shortage and evidence of abuse in the H-1B program, Sen. Biden voted for this foreign worker bill that contained no worker protections or anti-fraud measures. The bill passed the Senate 96-1.

Voted in 2000 to triple the number of H-1B visas available annually

Sen. Biden voted, as part of the Senate Judiciary Committee, against American workers by voting FOR S.2045 (the Abraham bill). This legislation nearly tripled the number of H-1B visas available annually. S.2045 also granted H-1Bs virtual permanent residency by allowing foreign high-tech workers and their families to stay in the U.S. as long as they have an application for a green card or visa on file.

Voted in committee to reduce H-1B cap increase in 2000
Sen. Biden voted in committee for the Kennedy amendment to reduce the overall H-1B increase proposed in S.2045 from about 200,000 to around 150,000. In addition, the Kennedy amendment would have rasied the fees paid by employers of H-1B visa holders and required employers to attest they had not displaced U.S. workers to hire H-1Bs. The amendment was defeated 8-10.

Tried to stop Judiciary Committee from reporting out H-1B doubling bill in 1998
Sen. Biden voted “no” in the 12-6 Senate Judiciary Committee vote on S.1723. This was a vote not to send the H-1B doubling bill to the floor of the Senate without safeguards for American workers.

Opposed doubling of H-1B foreign high-tech workers in 1998

Sen. Biden voted against S.1723 which passed the Senate 72-20. Enacted into law, it increased by nearly 150,000 the number of foreign workers that high-tech American companies could hire over the next three years. Although the foreign workers receive temporary visas for up to six years, most historically have found ways to stay permanently in this country. Sen. Biden joined those who argued that the foreign workers were not needed while U.S. firms were laying off tens of thousands of American workers. Government studies failed to find any conclusive evidence of a shortage of American high-tech workers.

Voted in committee to prevent displacement of American workers in 1998
The Committee voted on a Kennedy-Feinstein Amendment to S.1723 that would have accomplished two important goals: That no American was laid off or displaced prior to hiring an H1B employee; and, that employers demonstrate they had taken timely and effective steps to hire a qualified American. Though Sen. Biden supported this amendment, it failed by a vote of 8-10.

Attempted to protect U.S. high-tech workers in 1998
Before the Senate passed the H-1B doubling bill (S.1723), Sen. Biden voted for a Kennedy amendment that would have protected American workers from the worst abuses that the federal Inspector General found in the H-1B program. He voted to required U.S. firms to check a box on a form attesting that they had first sought an American worker for the job. That failed 39-59.

Attempted to protect U.S. high-tech workers in 1998
Before the Senate passed the H-1B doubling bill (S.1723), Sen. Biden voted for the Kennedy amendment (A-2418) that would have protected American workers from the worst abuses that the federal Inspector General found in the H-1B program. He voted for the Kennedy amendment which would have forbidden U.S. firms from firing American workers to hire a foreign workers. It failed 38-60.

Sen. Biden has taken no action to reduce
the rewarding of illegal immigration by giving citizenship
to anchor babies.

Inviting / Repelling Illegal Aliens top

Voted in favor of sanctuary policies for illegal aliens in 2008

Sen. Biden voted in favor of tabling an amendment (SA 4309) sponsored by Sen. David Vitter (R-La.) to (S. Con. Res. 70), a concurrent resolution setting forth the congressional budget for the United States Government for fiscal year 2009. The Vitter Amendment, if adopted, would have created 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. Sanctuary policies bar public officials, including police officers, from asking an individual's immigration status and from reporting illegal aliens to federal authorities. In 1996, Congress passed a law that specifically prohibits state and local governments from enacting sanctuary policies. Despite that, cities such as San Francisco, Los Angeles, Chicago and Houston, still have sanctuary policies in place. Maine is the only state with a sanctuary policy. The Vitter Amendment would have been a huge incentive for states and municipalities to rescind their sanctuary policies. The vote to table the Vitter Amendment passed 58 to 40, effectively killing the amendment.

Voted in favor of rewarding illegal aliens with amnesty in 2007

Sen. Biden voted in favor of a motion to invoke cloture on S. 2205, The "Development, Relief, and Education for Alien Minors (DREAM) Act of 2007." The DREAM Act amnesty would not just offer U.S. citizenship to illegal alien teenagers, it also would provide amnesty to the parents of most of them. An analysis from the Center for Immigration Studies found that the DREAM Act would offer amnesty to 2.1 million illegal aliens (Once the amnestied teens become citizens they can obtain an amnesty for their parents. The motion to invoke cloture failed by a vote of 52 to 44 (60 YES votes were needed for cloture to pass and to prevent a filibuster). Click here to read a summary of the bill.

Voted in favor of sanctuary policies for illegal aliens in 2007

Sen. Biden voted in favor of tabling an amendment (SA 3277) sponsored by Sen. David Vitter (R-La.) to the Commerce, Justice, and Science (CJS) spending bill (H.R. 3093). The Vitter Amendment, if adopted, would have prevented the Federal Community Oriented Policing Services (COPS) program funds from going to states and municipalities with sanctuary policies in place that protect illegal aliens, criminal aliens, and, potentially, terrorists. Sanctuary policies bar public officials, including police officers, from asking an individual's immigration status and from reporting illegal aliens to federal authorities. In 1996, Congress passed a law that specifically prohibits state and local governments from enacting sanctuary policies. Despite that, cities such as San Francisco, Los Angeles, Chicago and Houston, still have sanctuary policies in place. Maine is the only state with a sanctuary policy. The Vitter Amendment would have been a huge incentive for states and municipalities to rescind their sanctuary policies. The vote to table the Vitter Amendment passed 52 to 42, effectively killing the amendment.

Voted on Senate floor against amendment to increase enforcement and delay amnesty in 2007

Sen. Biden voted against the Coburn Amendment (SA 1131) to S. 1348. The Coburn Amendment would have added some teeth to the underlying measure's so-called enforcement "triggers" and would surely have delayed the granting of any amnesty to illegal aliens or the importation of any additional "temporary" nonimmigrant workers. Specifically, the Coburn Amendment required DHS, in addition to the mechanisms needed to "trigger" implementation of the bill's amnesty and guestworker provisions, to certify the implementation of various border security and interior enforcement measures (e.g., all statutorily-required border fencing has been constructed, US-VISIT is fully operational, "sanctuary cities" are prohibited, denying aliens who are likely to become public charges admission into the United States, etc.). It also required the president to certify that all of these "triggering" mechanisms are fully implemented and operational and, subsequently, required Congress to approve the certification – all of this prior to implementation of amnesty and guestworker provisions. The Coburn Amendment failed by a vote of 42 to 54.

Voted on Senate floor against amendment to create a disincentive to amnesty in 2007

Sen. Biden voted against the Cornyn Amendment (SA 1250) to S. 1348. The Cornyn Amendment prohibits illegal aliens seeking amnesty under this bill (in this case, "probationary status") from submitting "sworn affidavits from nonrelatives" as proof of unlawful work or unlawful presence in the United States. It eliminates provisions protecting the confidentiality of the information contained in amnesty applications and, instead, requires the sharing of application-related information upon the request of a law enforcement agency, intelligence, or national security agency, or DHS component when requested in connection with a duly-authorized investigation of a civil violation. The Cornyn Amendment would not only serve as a disincentive for illegal aliens to seek amnesty, but it also would encourage cooperation between the Federal government and state and local governments in the effort to do what has not been done enough in recent decades – enforce our immigration laws. The Cornyn Amendment passed by a vote of 57 to 39.

Voted on Senate floor in favor of amendment to increase illegal immigration in 2007

Sen. Biden voted in favor of the Bingaman Amendment (SA 1267) to S. 1348 to The Bingaman Amendment would have removed the requirement that Y "temporary" nonimmigrant workers (as provided for in the underlying legislation) leave the United States before they renew their visas – not by modifying the length of their authorized stay (i.e., up to six years), but by mandating that they be given visas that expire after two years and that are renewable twice. By not requiring "temporary" workers to even prove their status as "guests" in our country, this amendment would encourage more visa overstays and further disregard for the rule of law. The Bingamen Amendment failed by a vote of 41 to 57.

Voted on Senate floor against amendment to bar certain criminals from United States in 2007

Sen. Biden voted against the Cornyn Amendment (SA 1184) to S. 1385 to establish a permanent bar for gang members, terrorists, and other criminals. The Cornyn Amendment would have permanently barred from admission into the United States, and denied immigration benefits (including legal status under the amnesty in this bill), to: (1) absconders (i.e., aliens already ordered deported); (2) aliens deemed inadmissible or deportable as security risks (e.g., terrorists); (3) aliens who fail to register as sex offenders; (4) aliens convicted of certain firearms offenses; (5) aliens convicted of domestic violence, stalking, crimes against children, or violation of protection orders; (6) alien gang members; and (7) aliens convicted of at least three DUIs. The Cornyn Amendment failed by a vote of 46 to 51.

	Voted against amendment to strip amnesty provisions from S. 1348 in 2007
	Sen. Biden voted against the Vitter Amendment (SA 1157) to S. 1348. The Vitter Amendment would strike the amnesty provisions of the bill. The Vitter Amendment failed by a vote of 29 to 66.

Voted on Senate floor against amendment to increase interior enforcement in 2007

Sen. Biden voted against the Coleman Amendment (SA 1158) to S. 1348 to enable state and local officials to inquire about a person’s immigration status for law enforcement and benefit application purposes. The Coleman Amendment would make it more difficult for illegal aliens to benefit from sanctuary policies (already explicitly prohibited under Federal law). The Coleman Amendment failed by vote of 48-49.

	Cosponsoring bill to reward illegal aliens with in-state tuition and amnesty in 2007
	Sen. Biden is a cosponsor of S. 774, the Development, Relief, and Education for Alien Minors [DREAM] Act of 2007. S. 774 would grant in-state tuition and amnesty to illegal aliens under the age of 21 who had been physically present in the country for five years and are in 7th grade or above. Such a reward for illegal immigration serves as an incentive for more illegal immigration.

Voted on Senate floor in favor of amendment to deter employers from hiring of illegal aliens in 2007
Sen. Biden voted in favor of the Sessions Amendment to H.R. 2, the Fair Minimum Wage Act of 2007. The Sessions Amendment (S. Amdt. 100) would prohibit employers who hire illegal aliens from receiving government contracts. This would serve as a disincentive to hire illegal aliens and a step toward removing the job-magnet for illegal immigration. The Sessions Amendment passed by a vote of 94-0.

Cosponsoring bill to create an amnesty for illegal agricultural workers in 2007

Sen. Biden is a cosponsor of S. 340, the Agricultural Job Opportunities, Benefits, and Security Act of 2007. S. 340 is an amnesty for agricultural workers. Of the 1.2 million illegal aliens currently working in agriculture, an estimated 860,000 plus their spouses and children could qualify for this amnesty, so the total could reach three million or more. The potential recipients of the amnesty will be required to prove at least 863 hours or 150 work days of agricultural employment in two preceeding years. S. 340 would, subsequently, allow these “blue card” illegal aliens to apply for legal residency (i.e., amnesty), provided they demonstrate that they have worked in agriculture here: (1) 100 work days per year each of the first five years following enactment; (2) 150 work days per year each of the first three years following enactment; or (3) over the course of the first four years after enactment, 150 work days per year for three of those years and 100 work days for the other. The AgJOBS amnesty has also been introduced as S. 237. Read an analysis of the AgJOBS amnesty.

Voted in favor of border fence in 2006

Sen. Biden voted in favor of final passage of H.R. 6061, the Secure Fence Act of 2006. H.R. 6061: requires the Department of Homeland Security to construct 700 miles of reinforced fencing along the U.S.-Mexico border; provides for the installation of additional physical barriers, roads, lighting, cameras, and sensors in five specified lengths (encompassing approximately 700 miles) along the United States’ southwestern border; requires DHS to study the necessity, feasibility, and economic impact of constructing a similar barrier along the U.S.-Canada border; enhances border infrastructure, including checkpoints, roads, and vehicle barriers; and requires DHS to achieve and maintain "operational control" of our borders within 18 months of enactment and require reports on the progress toward this goal. The Senate passed H.R. 6061 passed by a vote of 80 to 19.

Voted in favor of amendment to fund border fence in 2006

Sen. Biden voted in favor of the Sessions amendment to H.R. 5631, the Department of of Defense Appropriations bill for 2007. This was an amendment to appropriate $1.8 billion for the construction of border fencing and vehicle barriers along the southern border. The amendment, sponsored by Sen. Jeff Sessions (R-AL), would fund the fencing and barrier provisions proposed by S. 2611 which passed the Senate in late May. A fence is one of the most effective tools for preventing illegal migration. The Sessions Amendment passed by a voted 94-3.

	Voted against amendment to fund additional immigration investigators in 2006
	Sen. Biden voted against the Sessions Amendment to H.R. 5441, the Department of Homeland Security Appropriations bill for 2007. This was an amendment to add about $86 million for 800 more staff to investigate immigration law violations, offset by reductions in other programs. The Sessions Amendment failed by a vote of 34 to 66.

Voted against amendment to extend border fence in 2006

Sen. Biden voted against the Sessions Amendment to H.R. 5441, the Department of Homeland Security Appropriations bill for 2007. This was an amendment to add 370 miles of fence on the Southwest border paid for by $1.8 billion in offsets from other programs. A fence is one of the most effective tools for preventing illegal migration. This amendment would have funded the fence provided for in the Senate-passed bill (S. 2611). The Sessions Amendment failed by a vote of 29 to 71.

Voted on Senate floor in favor of amendment to kill border fence in 2006

Sen. Biden voted in favor of the Manager's Amendment (SA 4188), offered by Sen. Arlen Specter (R-PA), to S. 2611, the Comprehensive Immigration Reform Act of 2006. The Manager's Amendment made many minor changes to S. 2611, none of have significant numeric impacts on the overall bill. However, the Manager's Amendment included a provision that requires consultation with the government of Mexico concerning the construction of additional fencing and related border security structures along the international border between the United States and Mexico. This would virtually guarantee that the fence along the U.S.-Mexico border would never be completed. The Manager's Amendment passed by a vote of 56 to 41 to 1 (the 1 denotes a "present" vote).

Voted in favor of amendment to make two million illegal aliens eligible for amnesty in 2006

Sen. Biden voted in favor of the Feinstein Amendment (SA 4087) to S. 2611, the Comprehensive Immigration Reform Act of 2006. The Feinstein Amendment would have made an additional two million illegal aliens eligible for amnesty by replacing the bill's "earned legalization" amnesty and Deferred Mandatory Departure provisions with a one-tiered scheme in which all aliens illegally present in the United States on or before January 1, 2006, are granted amnesty and an "orange card" (instead of the normal "green card" that lawful permanent residents are issued) if they are otherwise admissible. The, after a 6-8 year period, orange card holders are allowed to adjust to Lawful Permanent Resident status if they pay a $2,000 fine. The Feinstein Amendment failed by a vote of 37 to 61.

Voted on Senate floor in favor amendment to create border fence in 2006

Sen. Biden voted in favor of the Sessions amendment (SA 3979) to S. 2611, the Comprehensive Immigration Reform Act of 2006 . The Sessions amendment requires DHS to construct at least 370 miles of triple-layered fencing and 500 miles of vehicle barriers in other areas along the southwest border that DHS determines are areas that are most often used by smugglers and illegal aliens attempting to gain illegal entry, and requires that construction thereof be completed within two years. This physical barrier would help deter illegal entry into the United States. The Sessions amendment passed by a vote of 83 to 16.

Voted on Senate floor against amendment to remove amnesty provisions from immigration bill in 2006

Sen. Biden voted against the Vitter amendment (SA 3963) to S. 2611, the Comprehensive Immigration Reform Act of 2006 . Sen. Vitter submitted the amendment for himself, Sens. Chambliss, Grassley, and Santorum. The Vitter amendment would remove provisions authorizing the “earned legalization” and “agricultural worker” amnesty schemes that would grant amnesty to an estimated 16 million illegal aliens and their families (according to a May, 2006 study by the Heritage Foundation’s Robert Rector). The Vitter amendment failed by a vote of 33 to 66.

Voted on Senate floor to kill amendment to prevent Social Security for illegal aliens in 2006

Sen. Biden voted in favor of a motion to table the Ensign amendment (SA 3985) to S. 2611, the Comprehensive Immigration Reform Act of 2006 . The Ensign amendment (submitted for himself, Sen. Santorum, and Sen. Inhofe), would have prohibited the payment of Social Security benefits based on quarters of coverage earned by an individual who has not at some point had a valid Social Security number. This would have addressed part of the problem of aliens getting Social Security credit for work performed while they were illegally present in the United States (aliens who came in on temporary work visas, but overstayed their visas, would continue to get credit for all work performed, including after they became illegal). The motion to table the Ensign amendment passed by a vote of 50 to 49, effectively killing the amendment.

	Voted against amendment to increase detention beds for illegal aliens in 2005
	Sen. Biden voted against the McCain amendment (S. Amdt. 1171) to H.R. 2360, the Department of Homeland Security Appropriations Act. The McCain amendment would have increased the number of detention beds in the United States consistent with the number authorized in the Intelligence Reform and Terrorism Prevention Act of 2004. The McCain amendment failed by a vote of 42 to 56.

	Cosponsoring bill to reward illegal aliens with in-state tuition and amnesty in 2005-2006
	Sen. Biden is a cosponsor of S. 2075, the DREAM Act of 2005. S. 2075 would grant in-state tuition and amnesty to illegal aliens under the age of 21 who had been physically present in the country for five years and are in 7th grade or above. Such a reward for illegal immigration serves as an incentive for more illegal immigration.

Voted against amendment to provide funding for additional Border Patrol agents in 2005

Sen. Biden voted against the Ensign Amendment (SA 1219) to H.R. 2360, the Department of Homeland Security Appropriations bill. The Ensign Amendment transfers appropriated funds from the Office of State and Local Government Coordination and Preparedness to the U.S. Customs and Border Protection for the purpose of hiring 1,000 additional Border Patrol agents. The amendment failed by a vote of 38 to 60.

Voted in favor of amnesty for agricultural workers in 2005

Sen. Biden voted in favor of a procedural move requiring 60 votes to limit debate and ensure a vote on the AgJOBS amnesty amendment introduced by Sen. Larry Craig (R-ID). The Senate voted 53 to 45 not to invoke cloture, effectively keeping the amnesty off the Emergency Supplemental Appropriations for Defense, the Global War on Terror, and Tsunami Relief. AgJOBS is an amnesty for agricultural workers. Of the 1.2 million illegal aliens currently working in agriculture, an estimated 860,000 plus their spouses and children could qualify for this amnesty, so the total could reach three million or more. The potential recipients of the amnesty would be required to prove 100 days of agricultural employment in the 18-month period that ended Aug. 31, 2004. Then, prior to receiving amnesty, workers would have to show 360 days of additional farm work over the next six years.

Voted in favor of amendment to provide funding for additional Border Patrol and ICE agents in 2005

Sen. Biden voted in favor of the Byrd Amendment (S. Amdt. 516) to H.R. 1268, the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief of 2005. The Byrd Amendment provides $390 million to hire 650 more border patrol agents, 250 new immigration investigators, and 168 new immigration enforcement agents and deportation officers. The Byrd amendment also provides funds for 2,000 additional detention beds as well as funding to train the new personnel. Passage of the Byrd Amendment sent a strong signal from the Senate in favor of increased Border Patrol and Interior Enforcement. The Byrd Amendment passed by a vote of 65 to 34.

Cosponsoring bill to create an amnesty for illegal agricultural workers in 2005-2006

Sen. Biden is a cosponsor of S. 359, an amnesty for agricultural workers. Of the 1.2 million illegal aliens currently working in agriculture, an estimated 860,000 plus their spouses and children could qualify for this amnesty, so the total could reach three million or more. The potential recipients of the amnesty would be required to prove 100 days of agricultural employment in the 18-month period that ended Aug. 31, 2004. Then, prior to receiving amnesty, workers would have to show 360 days of additional farm work over the next six years.

Voted in committee to reward illegal aliens with in-state tuition and amnesty in 2003

Sen. Biden voted as part of the Judiciary Committee in favor of S. 1545, the so-called DREAM Act. S. 1545 would have granted in-state tuition and amnesty to illegal aliens under the age of 21 who have been physically present in the country for five years and are in 7th grade or above. Such a reward for illegal immigration serves as an incentive for more illegal immigration. S. 1545 passed the Judiciary Committee by a vote of 16-3.

	Cosponsored bill to repeal the federal ban against granting illegal aliens in-state tuition and reward illegal aliens with amnesty in 2003-2004
	Sen. Biden cosponsored of S. 8, the Educational Excellence for All Learners Act of 2003. Although S. 8 dealt primarily with education resources, hidden within it is a provision that would repeal the federal bar against in-state tuition for illegal aliens, as well as one that gives amnesty to certain illegal aliens who have gone to school in the United States.

Supported illegal alien in-state tuition and amnesty bill in 2002

Sen. Biden spoke in favor of S. 1291 when it was marked up by the Senate Judiciary Committee in June of 2002. This legislation, also known as the DREAM Act of 2002, would have allowed states to grant in-state tuition to certain illegal aliens who have attended public high school in the U.S. As for the numeric impact of this bill, the most significant aspect of S. 1291 was the provision that would have granted amnesty to those illegal aliens students who are college-bound or likely to graduate from high school.

Voted for comprehensive alien tracking and identification system in 2002

Sen. Biden voted in favor of H.R. 3525, the Enhanced Border Security and Visa Entry Reform Act of 2001. H.R. 3525 will significantly reduce future population growth from illegal immigration by making it much harder for temporary visa holders to stay in the country illegally after their visa expire. H.R. 3525 provides for an entry-exit system in which every visa holder is checked with a biometric identifier when heshe enters and leaves the country. This information is included in an integrated database that is shared by the appropriate law-enforcement officials. H.R. 3525 passed the Senate unanimously by a vote of 97-0 and is expected to be signed into law by President Bush.

Cosponsored bill to create an amnesty for illegal agricultural workers in 2003-2004

Sen. Biden cosponsored S. 1645, the Agricultural Job Opportunity, Benefits, and Security Act of 2003, an amnesty for agricultural workers. Of the 1.2 million illegal aliens currently working in agriculture, an estimated 860,000 plus their spouses and children could have qualified for this amnesty, so the total could have reached three million or more. The potential recipients of the amnesty would have been required to prove 100 days of agricultural employment in the 18-month period that ended Aug. 31, 2003. Then, prior to receiving amnesty, workers would have had to show 360 days of additional farm work over the next six years.

	Voted for an amnesty for illegal aliens in 2000
	Sen. Biden voted to include an amnesty for illegal aliens from El Salvador, Guatemala, Honduras, and Haiti in the Senate H-1B bill (S.2045). The move to include the amnesty with the H-1B legislation failed43-55 in a procedural vote on the Senate floor.

Voted to grant amnesty to nearly one million illegal aliens from Nicaragua and Cuba in 1997

Sen. Biden voted to grant legal status to Nicaraguans and Cubans who had lived in the United States illegally since 1995, along with their spouses and minor unmarried children. The overall ten year impact of this legislation will be the addition of some 967,000 people to U.S. population. There was no separate vote on the amnesty, as it was included in the DC Appropriations bill. The only opportunity Senators had to vote in favor of or against the amnesty was the Mack Amendment to S.1156. The Mack Amendment passed 99-1.

Voted in 1996 for major law that cracked down on illegal aliens.

Sen. Biden was part of a 97-3 majority which passed S.1664. It was a large omnibus bill with dozens of provisions aimed at reducing illegal immigration. It authorized major increases in the border patrol forces. But it also had many provisions aimed at making life more miserable for illegal aliens who manage to get into the country, half of whom arrive with legal visas but then illegally overstay. Until passage of the bill, a person could be apprehended as an illegal alien, be deported and then turn around and come back to the U.S. on a legal student, tourist, worker or relative visa. After the bill, an illegal alien was barred from any kind of legal entry for 10 years.

In 1996, attempted higher fines on businesses which hire illegal aliens

Sen. Biden came close in the Judiciary Committee consideration of S.1664 to making it less attractive for businesses to hire illegal aliens. Under the idea that current fines were not enough of a deterrent against businesses cutting their labor costs by hiring illegal aliens, the Senate immigration subcommittee had approved higher fines. Various study commissions have found that the willingness of U.S. businesses to hire illegal aliens is the No. 1 incentive for foreign workers to become illegal aliens here. But Sen. Hatch – Judiciary chairman – moved that the higher fines be deleted. While nine members supported the chairman, Sen. Biden was one of eight members who tried to keep the higher fines in the 1996 legislation against illegal immigration.

Protected voluntary pilot programs for workplace verification in 1996

Sen. Biden voted AGAINST the Abraham Amendment to S.1664. his vote was one in favor of setting up voluntary pilot programs in high-immigration states that would assist employers in verifying whether people they had just hired had the legal right to work in this country. Such verification is considered by many experts to be an essential tool for withdrawing the job magnet from illegal aliens. The verification system established by S.1664 did not involve an ID card. Rather it provided that when new workers wrote down their Social Security number on an application, employers could phone into a national verification system to help assure that the number was a real number and belonged to the person giving it. In earlier smaller pilot programs, businesses had hailed the verification system for making it easier for them to avoid hiring illegal aliens. But a coalition of conservative pro-business Members and of liberal civil libertarians tried to kill the verification program as too intrusive into the private rights of businesses and workers. Opposing that coalition, Sen. Biden was part of a 54-46 majority that preserved the voluntary pilot programs.