Statement in Support of S.1360, the Border Improvement and Immigration Act of 1998

April 23, 1998

I am pleased that we are turning our attention today to S.1360, the Border Improvement and Immigration Act of 1998, which will ensure that free trade and tourism continue to flourish along our nation's northern and southern borders. Without this legislation, the INS would be obligated to begin implementing a poorlycrafted and enormously expensive entryexit monitoring system at all of our nation's borders this fall.

Senators Kennedy and Abraham and their staffs have worked hard with my staff and others to craft legislation which is supported by nearly all the members of this Committee. I hope that this truly bipartisan effort will lead to quick passage of this bill by the Senate. I know that many residents in Vermont and our friends to the north will be relieved if they no longer have to worry about potential border crossing delays or the increased documentation requirements which would occur if these changes are not made.

I have heard from a number of local and national organizations ranging from the National Governor's Association to Ford Motor Company and the American Hotel and Motel Association which support the changes S.1360 makes to section 110 of the Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA"). In fact, just last week, the Vermont Senate passed a resolution urging Congress to exempt Canadians from the provisions in section 110.

My Vermont colleagues cited our extensive shared border and the enormous bilateral trade conducted daily with Canada as strong reasons to keep our nation's northern border open for trade and tourism. These Senators also raised concerns about the potential high costs to implement an entryexit monitoring system and possible border delays if section 110 is not amended. I share their concerns about this hastilycrafted provision in the 1996 Immigration bill. But, perhaps most importantly, I share their concerns about the impact section 110 would have on the

"many extended families, and close friends, [who] live in communities along both sides of the VermontQuebec border and regularly cross back and forth for employment, shopping, recreation and cultural purposes, including visits to the Haskell Free Library and Opera House in Derby Line that literally stands in both nations."

Like my colleagues in Vermont, I don't want to see these crosscultural and crossborder ties threatened by the current language in section 110 which inappropriately groups Canadians, with whom we've shared a long history of much freer border crossing access, with all other visitors. S.1360 and the substitute language proposed by Senators Abraham and Kennedy will ensure that Canadians are accorded the same treatment at U.S. borders as they have in the past. It does not provide them with any new special status; it merely preserves the status quo for our neighbors to the north.

Since my wife's family is from Quebec, I am particularly eager to ensure that her cousins and other relatives can freely cross our border to visit us in Montpelier and that we won't face huge traffic jams when we try to visit them in Canada.

Our vote today will also ensure that the Attorney General and INS have the time they need to study the best way to implement an automated entryexit monitoring system along our nation's land borders and at its seaports before being required to do so.

In my opinion, the current language in section 110 puts the cart before the horse by requiring INS to implement a comprehensive, billion dollar monitoring system without providing them with the funds or time to develop the most appropriate system. S.1360 won't delay implementation of the entryexit monitoring system at our nation's airports, where INS already has adequate systems and manpower in place to track the entry and exit of visitors to the U.S.

By delaying the implementation at the land borders, INS is more likely to develop a comprehensive, costefficient and appropriate means of tracking which visitors are overstaying their visas or authorized stays.

I applaud Senator Kyl's additions to this bill which will ensure we have more accurate data on which aliens are overstaying their authorized visits.

By requiring the Attorney General to collect data on the arrival and departure of appropriate aliens, once the airport monitoring system is in place, this legislation will meet the intended goal of section 110 to reduce the number of visitors remaining in the U.S. after their visas have expired.

I am also pleased that the AbrahamKennedy substitute amendment authorizes an additional $113 million in fiscal year 1999 and $121 million in fiscal year 2000 for new INS agents and equipment.

This increase in funds will allow hundreds of new INS and Customs agents to be placed along the northern border to increase security and reduce any traffic tieups. These funds will also allow the INS to purchase sophisticated xray equipment, additional surveillance cameras and other much needed devices to reduce drug smuggling and illegal immigration along the borders.

Overall, the Border Improvement and Immigration Act of 1998 is a sensible means of correcting the problematic language in section 110 of the IIRIRA while ensuring that aliens who overstay their visas are tracked. I am hopeful that my colleagues here in the Committee and on the Senate floor will support these revisions so we can put a workable system in place in the next few weeks.