Felon Amendment Just Passed
Kathryn Jean Lopez
The Corner
SENATE UNANMOUSLY APPROVES KYL/CORNYN AMENDMENT TO BAR FELONS, REPEAT OFFENDERS FROM AMNESTY, CITIZENSHIP
Senate votes to close loophole in immigration bill; Bill once labeled a ‘poison pill’ that the minority leader refused to allow a vote on, passes with unanimous support
WASHINGTON— The U.S. Senate passed an amendment by U.S. Sens. John Cornyn (R-Texas) and Jon Kyl (R-Ariz.) on Wednesday that will prevent felons and repeat offenders from receiving amnesty or citizenship. Cornyn, chairman of the Immigration, Border Security and Citizenship subcommittee, and Kyl succeeded in adding the amendment to close a loophole in the pending Senate immigration reform bill. The amendment was co-sponsored by Sens. Mary Landrieu (D-La.), Lindsey Graham (R-S.C.), George Allen (R-Va.), John McCain (R-Ariz.), Bill Frist (R-Tenn.), Sam Brownback (R-Kansas), Mel Martinez (R-Fla.) and John Thune (R-S.D.). The amendment passed by a vote of 99 to 0.
“This amendment passed with overwhelming, bipartisan support, yet just a few weeks ago the minority leader wouldn’t even allow a vote on it because it was not, it in his opinion, a good amendment,” Cornyn said. “But this amendment simply closes a loophole and strengthens the bill, and it will help keep Americans safe by ensuring that no felons or repeat criminal offenders will receive amnesty or citizenship.”
The Kyl/Cornyn amendment would simply close the loophole and prevent any felon or criminal alien convicted of three or more misdemeanors from receiving the amnesty offered in the compromise bill. The amendment would also deny amnesty to illegal immigrants who were ordered deported but then went underground and never left the country (i.e. absconders) or did leave the country but then reentered illegally—both of those actions are criminal acts under current law.
“We need to decide whether we are more interested in granting amnesty than we are in reforming the immigration laws and restoring confidence in our immigration system,” Cornyn said. “Without this amendment, the current bill would encourage further violations of immigration law, and undermine the integrity of our immigration system.”
Courts have held that certain serious crimes are not “crimes involving moral turpitude,” which means that, without the Kyl/Cornyn amendment, illegal aliens convicted of the following crimes would remain eligible for amnesty and a green card (non-exhaustive list):
• Alien smuggling, U.S. v. Sucki, 748 F. Supp. 66 (E.D.N.Y. 1990)
• Conspiracy to commit offenses against the U.S., Hirsch v. INS, 308 F2d. 562 (9th Cir. 1962)
• Assault and Battery (simple), Griffo v. McCandless, 28 F.2d 287 (E.D. Pa. 1928)
• Manslaughter (involuntary), Matter of Lopez, 13 I&N Dec. 725 (BIA 1971)
• Kidnapping (simple), Hamdan v. INS, 98 F.3d 183 (5th Cir. 1996)
• Weapons possession (possession of a sawed-off shotgun), Matter of Granados, 16 I&N Dec. 726 (BIA 1979)
• Burglary (possession of tools to commit), Guarino v. Uhl, 107 F.2d 399 (2d Cir. 1939)
• Money laundering (structuring financial transactions to avoid currency reporting), Goldeshtein v. INS, 8 F.3d 645 (9th Cir. 1993)
As senators from Texas and Arizona, Cornyn and Kyl represent approximately 85 percent of the nation’s southern border. In preparation for their bill, the two Senators carried out a thorough review of the nation’s immigration laws this year, including chairing several hearings on various aspects of the issue.
Cornyn is a member of the following key Senate Committees: Armed Services; Judiciary; Budget, Small Business and Entrepreneurship; and Joint Economic. Cornyn was previously Texas Attorney General, Texas Supreme Court Justice and Bexar County District Judge.
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