Senate Vote: Expanded Grounds for Deportation
Summary: Expands the list of criminal offenses that trigger mandatory deportation
Result: Amendment Rejected
A vote against the amendment was counted as a + vote (in line with LCCR's position)
View individual member votes on this bill by state:
Bill Name: Comprehensive Immigration Reform Act of 2007
Bill Number: S. 1348
Issue: Immigration
Date: 06/06/07
Roll Call No. 187
During consideration of S. 1348, the Comprehensive Immigration Reform Act of 2007, Sen. John Cornyn, R. Texas, offered an amendment that, among other things, would expand the list of criminal offenses that trigger mandatory deportation.
It would apply these changes retroactively. It would also bar undocumented immigrants from taking advantage of the "earned legalization" provisions of S. 1348.
LCCR opposed the Cornyn amendment. It would expand the definition of the term "aggravated felony," a term of art in immigration law which, since it was drastically expanded in 1996, already includes many offenses that are neither "aggravated" nor even "felonies."
Offenses that fall under the definition (which can include petty shoplifting, for example) now subject legal resident immigrants to automatic, lifetime deportation.
While deportation is certainly an appropriate response to most immigrants who commit crimes in our country, the "aggravated felony" label prevents a judge from considering mitigating circumstances – leading to the same kinds of extremely harsh punishments that result from mandatory minimum sentencing laws.
The amendment would also apply the changes retroactively, so that immigrants with old offenses, who repaid their debts to society long ago, would face automatic deportation.
Finally, by making undocumented immigrants ineligible for earned legalization, the Cornyn amendment would essentially gut one of the most important features of the underlying bill.
Result: The Senate rejected the Cornyn amendment (46-51).
