The Senate voted 68-32 Thursday to pass comprehensive immigration legislation, advancing President Obama’s top second term priority and setting up a protracted battle with the House.
Senators took the rare step of voting from their desks to mark the occasion while Vice President Biden (D-Del.) presided from the dais. The Senate used the same formal procedure to pass ObamaCare three years ago.
Fourteen Republicans voted to end debate and not a single Democrat opposed it, a significant victory for Sen. Charles SchumerCharles SchumerOvernight Finance: Trump takes victory lap at Carrier plant | House passes 'too big to fail' revamp | Trump econ team takes shape Anti-Defamation League: Ellison's past remarks about Israel 'disqualifying' Dems press Trump to keep Obama overtime rule MORE (N.Y.), the lead Democratic sponsor.
He predicted it would become law, despite widespread skepticism among House Republicans.
“Make no mistake about it, the support this bill has generated here in the Senate will be impossible to ignore,” he said shortly before the vote. “I believe the support this bill will receive today in the Senate will propel it to pass the House and be placed for signature on the president’s desk by the end of the year.”
Senate Judiciary Committee Chairman Patrick LeahyPatrick LeahyPassing US-Canada preclearance would improve security and economy GOP wants to move fast on Sessions Senate Dems pan talk of short-term spending bill MORE (D-Vt.) declared: “Today is another historic day in the Senate.”
Republican Sens. John McCainJohn McCainA Cabinet position for Petraeus; disciplinary actions for Broadwell after affair Meet Trump’s ‘mad dog’ for the Pentagon Wrestling mogul McMahon could slam her way into Trump administration MORE (Ariz.), Lindsey GrahamLindsey GrahamA Cabinet position for Petraeus; disciplinary actions for Broadwell after affair Pentagon should have a civilian chief to give peace a chance Lawmakers eye early exit from Washington MORE (S.C.), Marco RubioMarco RubioThe ignored question: What does the future Republican Party look like? Graham to roll out extension of Obama immigration program Trump and Cuba: A murky future MORE (Fla.), Jeff FlakeJeff FlakeSenators crafting bill to limit deportations under Trump Interest groups keep the political ads coming Overnight Healthcare: Cures bill sails through House | Walden frontrunner for Energy and Commerce gavel MORE (Ariz.) — the four GOP authors of the legislation — and Sens. Bob CorkerBob CorkerExxonMobil CEO, retired admiral will meet with Trump about State: report Conway: Trump expanding secretary of State field 'Apolitical' Petraeus says he did not vote in election MORE (Tenn.), Kelly AyotteKelly AyotteBattle brews over Trump’s foreign policy Battle for the Senate: Top of ticket dominates NH voters hold Ayotte accountable for gun control votes MORE (N.H.), Jeffery Chiesa (N.J.), Susan CollinsSusan CollinsSenators crafting bill to limit deportations under Trump Cornyn: ‘Virtual certainty’ Sessions and Price will be confirmed Trump's wrong to pick Bannon or Sessions for anything MORE (Maine), Orrin HatchOrrin HatchMnuchin's former bank comes under scrutiny Trump’s economic team taking shape Huntsman considering run for Senate in 2018 MORE (Utah), Dean HellerDean HellerGovernments and businesses: Teaming up for taxpayers GOP senator won't rule out 2018 run for Nevada governor A holiday surprise: Will Congress protect privacy? MORE (Nev.), Mark KirkMark KirkBattle for the Senate: Top of ticket dominates The untold stories of the 2016 battle for the Senate Women make little gains in new Congress MORE (Ill.), John HoevenJohn HoevenFeds deny permit for Dakota Access pipeline Dem senator to meet with Trump Overnight Energy: Dakota pipeline standoff heats up MORE (N.D.), Lisa MurkowskiLisa MurkowskiPassing US-Canada preclearance would improve security and economy Overnight Energy: Dakota pipeline standoff heats up Trump's wrong to pick Bannon or Sessions for anything MORE (Alaska) and Lamar AlexanderLamar AlexanderKey Republicans ask Trump to keep on NIH director McConnell tees up medical cures bill Speculation and starting points: accreditation, a new administration and a new Congress MORE (Tenn.) voted for the 1,200-page bill.
Rubio, who is widely considered a possible front-runner for the GOP presidential nomination in 2016, split with the chamber’s two other likely presidential candidates, Tea Party-favorite Sens. Rand PaulRand PaulGOP rep: Trump has 'extra-constitutional' view of presidency The ignored question: What does the future Republican Party look like? Rand Paul skeptical about Romney as secretary of State MORE (R-Ky.) and Ted CruzTed CruzTrump could be the most significant president of our time Cruz: I'd rather have Trump talk to Taiwan than Cuba or Iran Lewandowski: Top Cruz aide advised Trump team before NH primary MORE (R-Texas), who voted no.
Thirty-two Republicans voted against the measure, including every single member of the leadership.
Republican strategists said a handful of vulnerable Democratic incumbents, Sens. Mark PryorMark PryorCotton pitches anti-Democrat message to SC delegation Ex-Sen. Kay Hagan joins lobby firm Top Democrats are no advocates for DC statehood MORE (Ark.), Mary LandrieuMary LandrieuFive unanswered questions after Trump's upset victory Pavlich: O’Keefe a true journalist Trump’s implosion could cost GOP in Louisiana Senate race MORE (La.) and Kay HaganKay HaganGOP senator floats retiring over gridlock 2016’s battle for the Senate: A shifting map The untold stories of the 2016 battle for the Senate MORE (N.C.), will have to defend their votes on the campaign trail next year.
The legislation still has a tough road if it is to become law. Many House Republicans oppose granting legal status to millions of immigrants who came to the country illegally.
Speaker John BoehnerJohn BoehnerLobbying World 'Ready for Michelle' PACs urge 2020 run News Flash: Trump was never going to lock Clinton up MORE (R-Ohio) said Thursday that any immigration legislation, including a conference report with the Senate, must win the support of a majority of his conference to move forward.
“For any legislation, including a conference report, to pass the House, it’s going to have to be a bill that has the support of a majority of our members,” BoehnerJohn BoehnerLobbying World 'Ready for Michelle' PACs urge 2020 run News Flash: Trump was never going to lock Clinton up MORE said at his weekly Capitol press conference. He reiterated that the House would not simply take up and vote on the Senate bill.
Proponents say the legislation is a long-needed fix of the nation’s “broken” immigration system and argue that failure to act ensures a “de facto amnesty” for millions of people already living and working in the country illegally.
Schumer said he was happy with the outcome despite being short of his 70-vote goal.
"We wanted to get a significant number of Republicans to vote for the bill,” he said on MSNBC Thursday morning. “And what does that mean? It means that when the bill goes to the House, there's going to be pressure on them to do something. So we're feeling pretty good about how we did."
The sweeping bill would put an estimated 8 million illegal immigrants on a path to citizenship and spend $46 billion to tighten the nation’s borders.
It would also increase the number of visas for high-skilled and agricultural workers and give more weight to educational and employment factors in granting visas.
The bill’s sponsors expanded the pool of Republican support earlier this week by amending the legislation to authorize 20,000 additional border patrol agents and the construction of 700 miles of fencing along the southern border. The amendment also ensured that immigrants could not claim Social Security benefits for the time they worked in the country illegally.
That fell short of the demands of a majority of Republicans who called for a guarantee of 100 percent situational awareness, or full monitoring, and a 90-percent apprehension rate of illegal entrants be achieved along the southern border before granting permanent legal status to millions of immigrants.
“That’s where negotiations really around this bill hung up,” said Sen. Bob Corker (R-Tenn.), who authored the “border surge” amendment and voted to advance the bill to final passage.
The legislation received another boost last week when the Congressional Budget Office estimated it would reduce the deficit by $197 billion over the next decade and by $700 billion between 2024 and 2033.
But many Republicans said they were concerned by the report’s projection that if the legislation becomes law, as many as seven million illegal immigrants will still be living in the country 10 years from now.
Sen. Jeff SessionsJeff SessionsTrump’s White House is a step backward in racial progress The people have spoken: Legalizing cannabis is good Republican policy GOP rep: Trump has 'extra-constitutional' view of presidency MORE (R-Ala.) on Thursday acknowledged the system needs to be reformed but said the pending legislation falls short.
“It is not a bill that reflects a commitment to a lawful system of immigration in the future,” he said on the Senate floor. “We will admit dramatically more people than we ever have in our country’s history at a time when unemployment is high and the Congressional Budget Office have told us that wages, average wages will go down for 12 years, that gross domestic product per capita will decline for 25-plus years.”
Some Republicans complained that Senate Majority Leader Harry ReidHarry ReidTrump gets chance to remake the courts Democrats local party problem Trump flirts with Dems for Cabinet MORE (D-Nev.) shut down the amendment process. The Senate voted on only 10 of the more than 500 amendments filed to the bill.
Reid said there were not additional votes because the bill’s opponents objected to various proposals to consider amendments.
Reid’s office has noted that the Senate Judiciary Committee considered 212 amendments and adopted more than 40 Republican-sponsored amendments during its markup in May.
Sen. Chuck GrassleyChuck GrassleyDrug pricing debate going into hibernation GOP leaders host Trump's top deputies Key Republican wants details on Ohio State attacker MORE (Iowa), the ranking Republican on the Judiciary Committee, and another prominent critic of the bill, said he hopes negotiations with the House will address his concerns.
“My hope is that we will send a bill to the president that will make American stronger, make our borders more secure and make our immigration system more effective,” he said before the vote. “That’s what Americans deserve and what we have a responsibility to deliver."
— Russell Berman and Ramsey Cox contributed.