| Leans toward higher immigration, population growth, foreign labor. |
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Each symbol in the left-hand column below
signifies an action for HIGHER immigration. |
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Each symbol in the right-hand column
below signifies an action for LOWER immigration. |
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Sen. Martinez voted against 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.
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Sen. Martinez voted against 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.
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Sen. Martinez 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.
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Sen. Martinez 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.
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Sen. Martinez 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.
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Sen. Martinez 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.
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Sen. Martinez voted in favor of a motion to invoke cloture on S. 1348, the Comprehensive Immigration Reform Act of 2007. The motion to invoke cloture was a procedural vote on whether or not to bring S. 1348 to the floor for debate without going through a committee process. Therefore, a vote in favor of cloture reflected not only a willingness to pass the amnesty but also to bring it up outside normal channels, i.e., without committee debate and amendments conducted in the public light. (Most Senators had not even seen the final version of the enormous bill before the vote). Additionally, the Congressional Budget Office had not estimated its cost. A vote against cloture can be seen as a vote against the amnesty, or at least against the procedure Majority Leader Reid tried to use to push the amnesty. Key components of S. 1348 include: an immediate amnesty for nearly all 12-20 million illegal aliens who will get legal status for residence and jobs (with the assurance of getting green cards no later than 13 years); mandatory workplace verification and some extra enforcement to try to slow the flow of the next 12 million illegal aliens enticed by the amnesty; a tripling of the rate of chain migration of extended family from around 250,000 a year to around 750,000 a year for about a decade; and new flows of 400,000 temporary foreign workers each year, bringing their families and having anchor babies who will be given U.S. citizenship. The cloture motion passed by a vote of 69 to 23, thus subjecting the bill to further debate and amendment.
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Sen. Martinez 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).
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Sen. Martinez 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.
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Sen. Martinez 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.
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Sen. Martinez voted against a motion to invoke cloture on SA 3424, a "compromise amnesty" proposal by Sens. Hagel (R-NE) and Martinez (R-FL). The purpose of voting against allowing a final vote on this proposal varied from Senator to Senator, with many of them favoring the proposal but not willing to bring it up without a lot of votes on amendments. At the least, those voting against cloture were insisting on a chance for opponents of the bill to make their case with amendments. 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.
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Sen. Martinez voted against 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.
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Sen. Martinez voted against 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.
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Sen. Martinez 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.
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Sen. Martinez voted against 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.
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Sen. Martinez voted against 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 of 74 of 24.
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Sen. Martinez voted against 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.
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Sen. Martinez voted against 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.
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Sen. Martinez voted against 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.
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Sen. Martinez 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.
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Sen. Martinez 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.
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Sen. Martinez 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.
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Sen. Martinez voted in favor of 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.
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Sen. Martinez voted in favor of 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.
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Sen. Martinez 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.
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Sen. Martinez 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.
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Sen. Martinez 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.
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Sen. Martinez opposed the DeMint amendment to H.R. 2892, the DHS Appropriations bill. The DeMint amendment mandates that the 700 miles of border fencing (which was previously approved and appropriated for) be completed. The DeMint amendment passed 54-44.
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Sen. Martinez opposed a motion to table the Sessions amendment to H.R. 2892, the DHS Appropriations bill (by voting against the motion to table, the Senator was supporting the amendment). The Sessions amendment authorizes E-Verify permanently, mandates that any business getting a federal contract must run all new hires through E-Verify, and mandates that every existing employee who works on the government contracts must be run through E-Verify. Thus, for the first time, E-Verify can be used to root out illegal aliens who were previously hired. The existing employee provision only applies to that part of a company actually working on the government contract. The motion to table the Sessions amendment failed 44-53 and the amendment passed via a voice vote.
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Sen. Martinez opposed the Vitter Amendment to H.R. 627, The Credit Cardholders' Bill of Rights Act of 2009. This amendment would have required the banks that issue credit cards to ensure that those granted credit cards are in the United States legally by obliging the banks to verify the identity of applicants using REAL ID-compliant documents. By opposing this amendment the Senator helped illegal aliens remain in the United States. The amendment failed 28-65.
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Sen. Martinez voted against tabling Sen. Jeff Sessions' amendment to the 2009 Omnibus Spending Bill (H.R. 1105). Sen. Sessions' amendment would have reauthorized the E-Verify program for a period of five years. The E-Verify program had received several short-term extensions (H.R. 1105 contained a short-term extension). The Senate leadership decided to table Sessions amendment rather than allow a floor vote. By voting against the tabling of Sen. Sessions' amendment your Senator supported the long-term reauthorization of E-Verify. The final vote was 50-47 (10 March 2009, 5:27 PM)
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Sen. Martinez voted in favor of the Sessions Amendment to S CON RES 70. This amendment would increase funding for border security, guarantee 700 miles of fencing, place 6,000 National Guardsmen on the border, and reimburse state and local law enforcement. The amendment passed 61 to 37. A second amendment, the Menendez Amendment to S CON RES 70 was also passed by the Senate. This amendment has the same purpose as the Sessions Amendment, but uses weaker and less-clear text. The Menendez Amendment does not guarantee the number of National Guardsmen on the border, proclaim a zero-tolerance policy in illegal aliens, or guarantee border fencing. The Menendez Amendment passed 53-45 (13 March 2008; 4:29pm).
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Sen. Martinez voted against 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.
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Sen. Martinez 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.
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Sen. Martinez voted against tabling an amendment (SA 3313) offered by Sen. Elizabeth Dole (R-N.C.) to H.R. 3093 (Commerce, Justice, Science, and Related Agencies Appropriations Act, 2008). The Dole Amendment would have appropriated $75 million to Immigration and Customs Enforcement (ICE) for general support of state and local law enforcement's assistance in the enforcement of Federal immigration laws. The vote to table the amendment passed by a vote of 50 to 42, effectively killing the amendment.
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Sen. Martinez voted against 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.
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Sen. Martinez 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.
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Sen. Martinez voted in favor of 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.
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Sen. Martinez voted against 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.
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Sen. Martinez 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.
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Sen. Martinez 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.
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Sen. Martinez 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.
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Sen. Martinez 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.
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Sen. Martinez 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.
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Sen. Martinez is a cosponsor of S. 237, the Agricultural Job Opportunities, Benefits, and Security Act of 2007. S. 237 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. 237 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. Read an analysis of the AgJOBS amnesty.
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Sen. Martinez 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.
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Sen. Martinez 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.
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Sen. Martinez 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.
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Sen. Martinez 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.
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Sen. Martinez 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).
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Sen. Martinez voted against 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.
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Sen. Martinez voted in favor of the Ensign Amendment (SA 4076) to S. 2611, the Comprehensive Immigration Reform Act of 2006. The Ensign Amendment authorizes the Governors of Arizona, California, New Mexico, and Texas - with Defense Department approval – to order their state's National Guard units or personnel to assist in border patrol efforts (with certain restrictions) along the United States' southern land border. Even though the National Guard would not be directly participating in the apprehension of illegal aliens, they would facilitate the work of the Border Patrol. The Ensign Amendment passed by a vote of 83-10.
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Sen. Martinez 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.
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Sen. Martinez 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.
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Sen. Martinez 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.
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Sen. Martinez voted in favor of the Bingamen Amendment to S. 2454. The Bingaman Amendment authorizes DHS to award grants to a state, local, or tribal law enforcement agency located in a county within 100 miles of a U.S. border with Canada or Mexico, or in a county beyond 100 miles that has been certified by DHS as a "high impact area," to provide assistance in addressing: (1) criminal activity that occurs by virtue of proximity to the border; and (2) the Federal government's failure to adequately secure its borders. Authorizes appropriations of $50 million annually, for fiscal years 2007 through 2011, to implement this grant program. Although this amendment does not require the establishment of the grant program and caps the amount available for implementation of the program it could, potentially, bring these agencies more into the enforcement fold.
The Bingaman Amendment passed by a vote of 84 to 6.
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Sen. Martinez is a cosponsor of S. 1917, the Employment Verification Act of 2005. S. 1917 would establish a mandatory electronic worker verification system that would be phased in on a two to five year basis. Requiring employers to use an electronic employment eligibility verification system is an important component of preventing illegal aliens from taking jobs from those who have the legal right to work in this country.
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Sen. Martinez voted in favor of 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.
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Sen. Martinez is a cosponsor of S. 1033, the Secure America and Orderly Immigration Act . S. 1033 clearly spells out a path to jobs and residency for illegal aliens. Among the significant immigration-increase provisions of the bill are: a new visa category (H-5A) for 400,000 low-skill foreign workers (this cap can be adjusted upwards); a provision for the H-5A temporary workers to apply for permanent resident status after four years; a new temporary 6-year visa category (H-5B) for illegal aliens (and their spouses and children) already in the country; an amnesty for illegal aliens who apply for an H-5B visa and pay a $2,000 fine; an increase of 150,000 visas per year for employment-based immigrants; and an exemption of immediate relatives (spouses, children, and parents of U.S. citizens) from the annual level of 480,000 family-sponsored immigrant visas thereby providing 254,000 additional visas to the family preference categories. S. 1033 contains modest measures to increase border security such as creation of a Border Security Committee and creation of a new electronic work authorization system that would eventually replace the current "I-9" system. S. 1033 would also require the federal government to reimburse hospitals for the cost of providing emergency health care to H-5A and H-5B workers. Companion legislation, H.R. 2330, has been introduced in the House of Representatives by Reps. Jeff Flake (R-AZ), Luis Gutierrez (D-IL), and Jim Kolbe (R-AZ).
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Sen. Martinez 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.
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Sen. Martinez voted against 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.
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Sen. Martinez 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.
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