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The Nation

GOP Immigration Amendments Boost Drones, Incarceration and Criminalization

On Tuesday evening, the Senate Judiciary Committee released amendments to the immigration bill as the legislation begins its mark-up phase.

One of the most closely watched amendments, offered by Democrats, will be a measure for US citizens to sponsor their same-sex partners for green cards. While pundits say the LGBT-related amendments may determine the fate of the bill, Republicans are also sponsoring amendments that could have far-reaching ramifications.

Senator John Cornyn (R-TX) has an amendment to reimburse “states and municipalities for costs incurred in incarcerating undocumented criminal aliens.” By guaranteeing federal money for immigrant detention, Cornyn’s amendment could incentivize the incarceration of immigrants in both private and public prisons. The amendment even provides for the federal government to make prompt payments: “Any funds awarded to a State or a political subdivision of a State, including a municipality, for a fiscal year under this subsection shall be distributed to such State or political subdivision no later than 120 days after the last day of the application period for assistance.”

This is nothing new for Cornyn, who began the year fundraising with private prison lobbyists. In previous immigration debates, the senator has proposed legislation to appropriate more funds for immigrant detention facilities. As we’ve reported, the private prison industry has influenced immigration policy in the past and may use its significant clout in Congress to shape the bill debated this week.


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Cornyn has a separate amendment to require more drones. Cornyn’s Amendment ARM13593 requires the government to purchase unmanned aerial vehicles for surveillance “along the Southern border for 24 hours per day and for 7 days per week.”

Of course, there are many GOP amendments to increase criminal penalties for immigrants, to exclude them from government services and to develop biometric security and tracking measures. Overall, Republicans have nearly 200 amendments, including one by Senator Ted Cruz (R-TX) to completely remove the path to citizenship for any undocumented immigrant.

But there’s one that exemplifies Republican antipathy to the immigrant community. Senator Orrin Hatch (R-UT), who led the opposition to background check legislation defeated last month, has an amendment that increases the penalties for the possession of firearms in connection with drug-related offenses on federal lands. Get that? One of the senators opposed to even the most meager gun control efforts is willing to increasingly criminalize gun ownership when it comes to immigrants. While I’m sure Hatch would defend his legislation by claiming it keeps guns out of the hands of criminals, couldn’t the same be said about the background check legislation he blocked?

Lee Fang, The Intercept

Lee Fang is an investigative journalist and staff writer for The Intercept. He also founded the Republic Reform blog and is a frequent contributor to The Nation. He was previously a reporting fellow with The Investigative Fund at The Nation Institute, former Senior Investigator for United Republic and a former investigative blogger for His book on the campaign to block Obama’s domestic priorities is slated for publication this winter. Follow him on Twitter: @lhfang


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