Border Security, Economic Opportunity, and Immigration Modernization Act

Floor Speech

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Mrs. MURRAY. Madam President, I rise today to discuss the passage of the comprehensive immigration reform bill. For the first time in a generation, the Senate has passed a bill that brings us one crucial step closer to sensible immigration laws. This is a historic day for the Senate, for our economy, and for families across our country, but there is more work to be done before this bill becomes law.

When we began consideration of the Border Security, Economic Opportunity, and Immigration Modernization Act, I gave a speech in which I quoted from a book that John F. Kennedy wrote while serving in this Chamber. He wrote, ``Immigration policy should be generous; it should be fair; it should be flexible. With such a policy we can turn to the world, and to our own past, with clean hands and a clear conscience.'' Today we can turn to the world proudly, with a clear conscience, and say this bill lives up to our ideals and our American values, to say that it will provide millions of aspiring Americans the opportunity to come out from the shadows, realize their dream of citizenship, and be strong threads in the rich fabric of this great nation.

From the beginning of this process, I have been very clear with my colleagues regarding my priorities for immigration reform, and this bill takes steps to achieve each of them. First, this legislation provides a real pathway to citizenship for the 230,000 undocumented people already living in Washington State. These families already work alongside us, attend our churches, and send their children to our schools--and they deserve the benefits and responsibilities of American citizenship. This bill also makes important reforms to help our economy, from agricultural businesses in central and eastern Washington to our expanding high-tech corridor in the Puget Sound. It can and should do more, but this legislation includes provisions to treat immigrants with dignity and help reunite families separated by our outdated laws. Finally, it provides Washington State's 35,000 DREAMers, children brought to this country at a very young age, with the chance they deserve to succeed in America. This bill allows thousands of undocumented families in my home State of Washington who work hard and play by the rules to leave the shadows--to no longer live in constant fear of being separated from their loved ones.

I am also pleased this bill offers important reforms in the employment-based immigration system. There is a clear need to expand legal avenues for workers to immigrate to the United Sates in a safe and orderly manner. The size of this workforce must be flexible to meet the needs of our diverse industries and must be responsive to changes in our economy. This bill is a step in the right direction. It will allow the immigration system to be more responsive to the needs of the marketplace and will enable businesses to attract and retain a capable, stable, and legal workforce.

This bill isn't perfect and it is not the bill I would write on my own, but it is the result of a bipartisan compromise, and I am proud to support it as a strong step in the right direction. Although I have concerns about some elements of the bill, it makes critical changes to our broken system that will strengthen our country and grow our economy.

Over the past weeks, I offered a number of amendments that would have made commonsense improvements to the bill. Importantly, three of my amendments would have made this bill more inclusive of women.

Too often women in the developing world are not offered the same educational and employment opportunities afforded to men in those countries. This fact places women at a competitive disadvantage under a merit-based system that rewards education, job promotion, and career advancement. That is why I worked with my colleagues, Senator Mazie Hirono of Hawaii and Senator Lisa Murkowski of Alaska, to introduce my first amendment, which would provide 30,000 green cards for occupations held by lower income immigrant women in the United States. Our amendment would accomplish this by creating a third tier in the merit-based point system that would have complemented the highly educated tier one system and the moderate to lower skilled tier two system.

I was deeply disturbed to learn that some pregnant women in immigration detention are shackled, including during labor and delivery. While the Department of Homeland Security recently adopted performance standards that prohibit the shackling of pregnant detainees absent extraordinary circumstances, a significant portion of Immigration and Customs Enforcement, ICE, detainees are held in county jails by local law enforcement. These holding centers are not required to follow the Department's standards.

Shackling during labor, delivery, and postpartum recovery increases the risk of harm to the fetus, it inhibits medical staff's ability to respond to emergencies, and it increases the discomfort and pain of the childbirth. That is why I introduced my second amendment to extend the prohibition against shackling to include all pregnant women held for immigration purposes, including those held under an immigration detainer issued by a Federal agency. This bipartisan amendment, cosponsored by Senator Mike Crapo of Idaho, provided for certain exceptions to the ban due to extraordinary circumstances, while also prohibiting certain types of restraints known to cause tripping, falling, or that stop a mother from using her hands to break her fall. Simply put, a woman should never have to endure the pain, embarrassment and extreme discomfort of being restrained while giving birth to her child, nor should she have to fear she will lose her child because of the way in which she is detained. Our immigration enforcement policy should always uphold our commitment to civil liberties and safeguard the dignity that every mother deserves. My amendment would have done just that.

My third amendment would have extended protections for the most vulnerable, including domestic violence survivors whose visa depends on their abuser's sponsorship. I drafted a comprehensive amendment designed to protect immigrant survivors of domestic violence, sexual assault, human trafficking, stalking, and dating violence. It would have extended judicial review in certain cases, would have modified the Violence Against Women Act, VAWA, cancellation of removal process, and would have provided training for Federal officers on vulnerable populations, among other protections. It would have also extended certain safety-net benefits to immigrant survivors to help them escape violence, gain independence, and recover from physical and emotional abuse.

I am going to keep working to improve this bill as it continues in the legislative process, and when it becomes law, I am going to work to ensure it is implemented in a way that works for families and communities. We must start by pairing unprecedented spending on new border security with responsible oversight, so I will be working closely with the Department of Homeland Security to ensure our efforts to secure the border do not violate the civil liberties of American families and communities. I am proud my amendment to address warrantless stops and searches in broad border zones is included in this bill, but for immediate border communities, we can't stop there.

That is why I offered an amendment that would have strengthened the Department of Homeland Security's Office for Civil Rights and Civil Liberties by amending current law to clarify its jurisdiction and the scope of its authority to conduct investigations, require greater transparency in its reporting requirements to Congress, and ensure the Department's timely implementation of its recommendations and findings. Essentially, the amendment would have provided the office with the tools it needs to conduct effective oversight, provide substantial and timely responses, and to protect the Department's commitment to civil rights and liberties.

I also authored an amendment that would have required the Department to report on the use of force during immigration enforcement. By better understanding how and why force is being used, the Department would have been better equipped to ensure its policies and training promote and protect effective and humane enforcement practices. While I am committed to proving Federal law enforcement and border security the resources, training, and personnel they require, Congress must also ensure detainees are treated with respect and dignity. I will be working closely with the Department of Homeland Security to ensure our efforts to secure the border don't violate the civil liberties of American families and communities.

I have also introduced a number of other amendments over the past weeks, including an amendment to provide DREAMers access to affordable college education. I was disappointed these amendments were not added to the bill, but I will continue to work with my colleagues to push for these commonsense reforms.

Although I have concerns about some elements of the bill, it makes critical changes to our broken system that will strengthen our country, grow our economy, and finally allow millions of families to gain citizenship and chase their dreams without fear of deportation. This sweeping legislation is a step in the right direction, and I am proud to cast my vote today in support of S. 744, Border Security, Economic Opportunity, and Immigration Modernization Act.

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