Senate Committee Approves Feinstein Amendment Barring U.S. Trade Representative from Negotiating Immigration Provisions
inTrade Agreements

- The Committee also approved millions of dollars for California priorities -
September 4, 2003

Washington, DC - The U.S. Senate Appropriations Committee today approved an amendment offered by Senator Dianne Feinstein (D-Calif.) that would prohibit the Office of the U.S. Trade Representative from entering into trade agreements that contain immigration provisions or that otherwise amend immigration laws. This comes on the heels of President Bush signing the free trade agreements with Chile and Singapore, which contained sweeping immigration provisions.

The amendment was unanimously accepted as part of a $37.6 billion FY 2004 funding measure for the Departments of Commerce, Justice, and State.

The bill also includes $250 million for the State Criminal Alien Assistance Program (SCAAP), which reimburse States and local governments for the costs associated with incarcerating illegal criminal aliens and funding for a number of important California projects including $2 million for the California Anti-Terrorism Information Center, and $750,000 for Los Angeles Community Law Enforcement and Recovery Program (CLEAR).

"I strongly believe that trade agreements are not the appropriate vehicle for enacting immigration laws, because they interfere with Congress' plenary powers to regulate this nation's immigration policy, including the admission of foreign nationals." Senator Feinstein said.

"This amendment sends a clear and powerful message because, as our experience with the recent trade agreements with Chile and Singapore has shown, fast-track procedures offer no guarantee that the President or the U.S. Trade Representative will ultimately respect the opinions and advice of Senators and members of the House of Representatives."

With respect to SCAAP, funding authorization was first established as part of the 1994 Crime Act. In previous years, State and local counties received as much as $400 million in federal funds for the program in Fiscal Year 2003. Congress reduced the amount to $250 million in FY03. This year, however, the Bush Administration sought to eliminate funds for the program. The Administration's proposed cuts come at a time when state and county governments face more than $1.6 billion in incarceration costs.

The following are a number of California and national priorities that Senator Feinstein was able to include in the legislation: