U.S. Senate Rejects Negative Immigration Amendment

On July 25, 2007 the Senate rejected a harsh immigration enforcement amendment proposed by Senator Lindsey Graham (R-SC) to the Department of Homeland Security Appropriations Act (S. 1644/H.R. 2638).

The Graham amendment proposed a broad array of costly, counterproductive, and pernicious provisions. If passed, the amendment would have:

1. Increased state and local enforcement of federal immigration laws;

2. Expanded expedited removal and further restricted the right of immigrants, including longtime legal permanent residents, to administrative or judicial review;

3. Subjected visa overstayers to mandatory detention, raising serious cost and constitutional concerns;

4. Expanded criminal penalties for immigration violations, including harsh and costly mandatory minimum sentences;

5. Allowed the government to deny naturalization based on secret evidence and erect other barriers to naturalization;

6. Allowed the government to indefinitely detain immigrants who cannot be returned to their home countries through no fault of their own; and,

7. Undermined community policing efforts by outlawing policies that prevent law enforcement officers from inquiring about immigration status.

The amendment was quashed thanks to a wise procedural maneuver by Majority Leader Harry Reid (D-NV) who raised a point of order challenging the germaneness of the amendment. Chair Barak Obama (D-IL) ruled that the amendment was not germane, and the Senate upheld his decision in a 52-44 vote.