CONGRESSIONAL QUARTERLY DAILY April 16, 2005 Immigration Provision Could Further Complicate Supplemental Conference
By Seth Stern and Anne Plummer, CQ Staff
Much to the chagrin of Senate Republican leaders and the White House, at least one immigration provision is likely to be attached to the Senate’s $80.7 billion fiscal 2005 supplemental spending bill this week, adding another layer of complication to what already promises to be a contentious conference.
Some House Republicans might oppose the Senate immigration provisions, while insisting their own immigration and border security language be included in the bill.
The Senate will vote on cloture motions Tuesday on three immigration provisions addressing agricultural and temporary seasonal workers as well as the underlying bill. Majority Leader Bill Frist, R-Tenn., filed cloture motions April 15 on two of the amendments and the bill after failing to reach a deal with Democratic leaders that would have required 60 votes to adopt any of the immigration amendments.
“There were just too many moving parts,” said one Senate Democratic floor aide. “Immigration is not something that easily lends itself to an agreement.”
Among those objecting to a 60-vote threshold requirement for the immigration amendments were senators who wanted to offer second-degree amendments. While those seeking to amend the amendments would have been subject to the 60-vote requirement under the deal, they would need only a simple majority under cloture.
Barbara A. Mikulski, D-Md., filed a separate cloture petition a day earlier on her amendment that would raise the cap on seasonal workers who can qualify for H-2B temporary visas and create a path to legalization for agricultural workers.
Both sides acknowledged that Mikulski’s amendment, which is supported by senators on both sides of the aisle who say it is needed to help summer seafood and tourist businesses, is likely to get the 60 votes necessary to limit debate and be adopted. Frist acknowledged the popularity of her amendment April 14.
Throughout the floor debate last week, Frist made clear he preferred a clean supplemental and wanted to put off until later consideration of immigration issues, an approach favored by two-thirds of his colleagues in a non-binding sense of the Senate resolution last week.
But senators from both parties resisted that approach, particularly Mikulski and Larry E. Craig, R-Idaho, sponsor of the agricultural workers amendment that is based on a bill (S 359) he has sponsored.
Aide Dan Whiting declined to speculate whether Craig’s provision has the 60 votes needed to invoke cloture and cut off debate, but said, “We look forward to a vigorous debate on the bill.”
Senate aides said it appears likely that Georgia Republican Saxby Chambliss’ alternative agricultural workers proposal will not attract 60 votes.
In an April 15 statement, Chambliss said he did not believe the supplemental bill is “the appropriate venue for immigration reform.” But, he added, “Some senators have indicated they will move forward with their proposals at this time, and I believe a practical alternative . . . is needed.”
Speeding the Process
Invoking cloture on any of the immigration amendments would speed up their consideration and get the Senate closer to finishing the underlying bill.
The Pentagon says it needs the funds by May to avoid dipping into other spending accounts to cover costs of operations in Iraq and Afghanistan.
If cloture is invoked on the underlying bill (HR 1268), debate would be limited and non-germane amendments would not be permitted. But because the cloture motions on the immigration amendments were filed before the cloture motion on the underlying bill, their germaneness will not be an issue. The Senate will first consider the Chambliss amendment, then do Craig’s and Mikulski’s before taking up the cloture motion on the bill.
A cloture petition filed on the immigration amendments to ensure their consideration “was the best deal possible,” said a spokesman for Minority Leader Harry Reid, D-Nev. Reid does not support the cloture petition filed on the underlying bill because it would limit Democrats’ options, he said.
Complications for Conference
The addition of Senate immigration provisions could complicate an eventual conference between the two chambers.
Mikulski’s seasonal worker amendment will encounter resistance from House members opposed to increased immigration. And senators from both parties have urged Frist to commit to excluding House language that would stiffen asylum requirements, ease the completion of a fence on the U.S.-Mexican border near San Diego, and establish uniform national driver’s license standards.
Frist, though, has declined to make any promises about what will be included in the final legislative product.
|