New Green Democrats Are 'Rattling All The Cages' of the Sclerotic Senate
From the Wonk Room.
Democrats recently elected to the U.S. Senate have pressed their colleagues to ambitiously address climate and energy reform, and are frustrated by the lack of action. In a series of interviews with the Wonk Room at Netroots Nation, Sen. Ben Cardin (D-MD), Sen. Tom Udall (D-NM), Sen. Jeff Merkley (D-OR), and Sen. Al Franken (D-MN) described the challenges of confronting climate pollution in the sclerotic legislative body, brought to a practical standstill by minority obstruction. They each discussed how the “new class” of 22 Democratic senators elected in the 2006 and 2008 waves (with independent Bernie Sanders of Vermont) have pressed for greater “political clarity” on climate by “rattling all the cages” in the Senate, alongside senior leaders such as Sen. John Kerry (D-MA).
Questioned by the Wonk Room why Senate Majority Leader Harry Reid (D-NV) shied away from introducing a comprehensive climate bill for full Senate consideration as energy crises pile up during the hottest summer ever recorded, the senators noted the ability of Republicans to thwart the will of the majority through the abuse of parliamentary procedures. They recognized Reid’s decision to try for quick action with a limited package in what little time is left during this Congress. However, they relished the chance to debate the promise of a green economy before the November elections, seeing the issue as a political winner:
CARDIN: I think we need political clarity. I wasn’t so concerned about having a vote before August. But we needed the clarity of the bill.FRANKEN: If you want to rev up people, and say Democrats believe in this – one of the gaps they’re talking about is the enthusiasm gap. So maybe, politically, that is the right way to go. I think that Harry tends to want to get half a loaf or a third of a loaf rather than no loaf at all. This bill could be considered a first step. A lot of that is strategic, in terms of positioning yourself for the election. I was sort of of the school that we should go for pricing carbon, and if we lose, we lose. But that’s not what we did.
UDALL: Our two classes – the class of 2006 and the class of 2008 – I think have a real passion for all of the things you talked about and a desire to do something. We’re rattling all the cages in the committees we’re on, doing the things that we can do. But there is kind of an institutional thing going on there that slows everything down. There’s no doubt about that.
MERKLEY: This generational factor is why, if we can create a course that at least puts us on the right track for the next six to eight years, we will have with each subsequent election more and more folks coming in—based on what I hear at the university level, and graduate school level, and based on the difference between our class and the several classes ahead of us – there is just a growing commitment and passion to fighting this fight on climate and energy.
Watch Udall, Merkley, and Franken discuss their efforts to bring new passion to the climate and energy fight:
The Democrats described by Sen. Cardin as the “new class” overwhelmingly support strong green economy legislation, unlike the older generation peppered with climate peacocks. In fact, according to Politico, every one of the 12 Democrats elected in 2008 would vote for cloture on comprehensive climate and energy reform. Of the ten Democrats elected in 2006, only Sen. Claire McCaskill (D-MO) and Sen. Jim Webb (D-VA) make polluter-friendly arguments against clean energy reform.
“This is going to be a generational battle,” Merkley explained. “We’re going to have keep working and pushing because even our most optimistic bill has fairly weak goals for 2020. We’re going to have to be a lot more aggressive between 2020 and 2050 if we’re going to address carbon dioxide.”
“We can’t give up,” Cardin said during his interview, “because the stakes are too high for our country.”
Under Threat of Republican Obstruction, Reid Abandons Climate Push
From the Wonk Room.
As Washington, D.C. wilts in the global heat wave gripping the planet, the Democratic leadership in the Senate has abandoned the effort to cap global warming pollution for the foreseeable future, unwilling to test a Republican filibuster. Instead of testing the hypocrisy of climate peacocks, Senate Majority Leader Harry Reid (D-NV) will instead attempt to pass a limited bill with new energy incentives and oil reduction policies next week. The decision was formally made at a meeting of the Senate Democratic caucus Wednesday. After the meeting, Sen. John Kerry (D-MA), whose efforts to craft comprehensive climate legislation had foundered, focused on the challenge of overcoming a filibuster:
But we’ve always known from day one, that in order to pass comprehensive energy/climate legislation, you’ve got to reach 60 votes, and to reach those 60 votes, you’ve got have some Republicans. And as we stand here today, we do not have one Republican. I think that it’s possible to get there.
It is the ninth day of the latest 90-plus heat wave to hit Washington DC, part of the global heat wave caused by greenhouse gas pollution. Former vice president Al Gore responded to the announcement with a cold reminder of the realities the Senate has not confronted:
The need to solve the climate crisis and transition to clean energy has never been more clear. The oil is still washing up on the shores of the Gulf Coast and we’ve just experienced the hottest six months on record. Our troops are fighting and dying in the Middle East and our economy is still struggling to produce jobs. I continue to urge the President to provide leadership on this issue and urge the Senate to make this issue a priority for the remainder of this Congress. Ultimately – and sooner rather than later – these issues simply must be dealt with. Our national security, our economic recovery and the future of the United States of America – and indeed the future of human civilization on this Earth – depends on our country taking leadership. And that, in turn, depends on the United States Senate acting. The truth about the climate crisis—inconvenient as ever—must be faced.
Reid To Bring Clean Energy Bill To Floor In Two Weeks
Reid confirmed that the bill will have four sections: an oil spill response; a clean energy and job creation title; a section that deals reduction in energy consumption; and a broad proposal coming out of the Finance Committee that deals with the electric utility industry.
When asked if the legislation will include a cap on greenhouse gases, Reid said only he will “work on pollution.” Sen. Jeff Bingaman (D-NV) and Sen. John Kerry (D-MA) are both working on proposals for a climate regime that would be limited to the utility sector. Reid “said he was meeting with Carol Browner, Obama’s top energy and climate adviser, as well as Energy Secretary Steven Chu and Interior Secretary Ken Salazar. Kerry was planning to meet with environmental groups and former Rep. Glenn English (D-Okla), now the CEO of the National Rural Electric Cooperatives Association.”
White House-Senate Energy Reform Legislation Meeting
President Barack Obama has invited senators to the White House to discuss comprehensive energy and climate legislation.
Attendees:- Senator Harry Reid (D-NV)
- Senator Lamar Alexander (R-TN)
- Senator Max Baucus (D-MT)
- Senator Mark Begich (D-AK)
- Senator Jeff Bingaman (D-NM)
- Senator Barbara Boxer (D-CA)
- Senator Sherrod Brown (D-OH)
- Senator Maria Cantwell (D-WA)
- Senator Tom Carper (D-DE)
- Senator Susan Collins (R-ME)
- Senator Byron Dorgan (D-ND)
- Senator Judd Gregg (R-NH)
- Senator John Kerry (D-MA)
- Senator Joe Lieberman (I-CT)
- Senator Blanche Lincoln (D-AR)
- Senator Richard Lugar (R-IN)
- Senator Jeff Merkley (D-OR)
- Senator Lisa Murkowski (R-AK)
- Senator Bill Nelson (D-FL)
- Senator Jay Rockefeller (D-WV)
- Senator Olympia Snowe (R-ME)
- Senator Debbie Stabenow (D-MI)
- Senator George Voinovich (R-OH)
Briefing on Rainforest Provisions of Climate Legislation
The American Power Act, cosponsored by Senators John Kerry and Joe Lieberman, would cap carbon emissions, support clean energy expansion and improve oversight of oil drilling. But it cuts major provisions for the protection of tropical rainforests that reduce emissions and help keep legislation affordable.
Monday at 10:30am EDT, leading experts on climate forest policies will brief journalists by phone on the American Power Act’s tropical forests policies and the significant environmental and cost implications of these changes.
- Douglas Boucher, Ph.D. – Union of Concerned Scientists and Chairman of the Tropical Forest and Climate Coalition
- Mariann Quinn, Director, Environment, Health, and Safety, -Duke Energy
- Greg Fishbein, Managing Director, Forest Carbon Program – The Nature Conservancy
Please call 888-293-6960 and ask for the Climate Forests Fix call. If asked, the passcode is 6624052.
Tropical deforestation is responsible for more carbon dioxide emissions than all the cars, trucks and planes in the world. But protecting forests is one of the most affordable ways of reducing pollution, cutting the costs of legislation by approximately a third or more. It also levels the playing field for U.S. farmers, ranchers, and timber producers by helping stop illegal and unsustainable agriculture practices in tropical countries.
Previous versions of the legislation have set aside five percent of allowances for rainforest conservation and included offset provisions to allow companies to get credit for investing in tropical forest conservation. Restoring these provisions will help accelerate emissions reductions while saving consumers billions of dollars a year on their energy bills.
For more information, contact Glenn Hurowitz at 202-232-3317 and glenn@climateforest.org or Ben Becker at 202-292-6974 or bbecker@gpgdc.com
Kerry-Lieberman Press Conference
Senators John Kerry (D-Mass.), Chairman of the Foreign Relations Committee, and Joe Lieberman (I-Conn.), Chairman of the Homeland Security and Governmental Affairs Committee, tomorrow will roll out their comprehensive energy and climate change legislation that will create jobs, strengthen America’s energy independence, safeguard our national security, and restore our global economic leadership for decades to come.
Senior congressional staff will hold a background briefing for reporters Wednesday morning followed by an afternoon press conference with the Senators and a broad coalition of business, environment, faith, and national security supporters.
A First Look At The Details Of The Kerry-Lieberman American Power Act
From the Wonk Room.
Last night, the Wonk Room published a summary of the provisions of the American Power Act, the comprehensive climate and clean energy legislation being introduced today by Sen. John Kerry (D-MA) and Sen. Joe Lieberman (I-CT). This post delves deeper into the legislation’s specific provisions. The following table compares key elements of Obama’s campaign promises from 2007 and 2008, the Waxman-Markey American Clean Energy and Security Act as passed by the House of Representatives, and the elements of the Kerry-Lieberman draft legislation, as based on leaked summaries.
The Kerry-Lieberman legislation has a 15-year transition period that supports state-level renewable and energy efficiency initiatives (which will create millions of jobs), invests in smart transportation, and rebuilds American manufacturing, much like Waxman-Markey, but with new support for nuclear energy and natural gas that reflects the interests of large blocs of senators.
Important scientific elements in Kerry-Lieberman are the rapid mitigation of super-greenhouse gases and black carbon, as well as natural resource adaptation programs. By the end of 2025 the legislation has shifted to resemble the refund-based auctioned-allowance system promoted by President Obama and advocates of cap-and-dividend.
The primary missing information from the summaries is the disposition of the allowances—how they will be distributed to polluters and how rapidly the auctioned pool grows. Details of the scientific review provisions were also not included.
Download the short summary as a readable PDF.
Download the section-by-section summary as a readable PDF.
| Provision | Obama Proposal | Waxman-Markey | Kerry-Lieberman |
|---|---|---|---|
| Overall Structure | Economy-wide cap and trade, plus renewable electricity and energy efficiency standards and clean energy investment | Utility, industry, and petroleum sector cap and trade starting in 2012, plus renewable electricity and energy efficiency standards and clean energy investment | Utility (2013) and industry (2016) cap and trade with linked refinery cap (2013), plus consumer rebates, support for state-level renewable electricity and energy efficiency standards, and energy investment |
| Emissions Targets | 15% below 2005 (at 1990 levels) by 2020, 80% below 2005 (77% below 1990) by 2050 | Capped Sectors: 17% below 2005 (3% below 1990) by 2020, 80% below 2005 by 2050 Overall economy goal: 20% below 2005 (7% below 1990) by 2020, 80% below 2005 by 2050 |
Capped Sectors: 17% below 2005 by 2020, 80% below 2005 by 2050, plus accelerated mitigation of super-GHGs, black carbon |
| Scientific Review | Not discussed | Presidential plan in 2015 and every four years thereafter | TBA |
| Traditional Coal Plants | “Standards that ban new traditional coal facilities” if necessary, and “cap on carbon will make it uneconomic to site traditional coal facilities and discourage the use of existing inefficient coal facilities” | Price on carbon mitigated by free allocations based 50% on historical emissions; Clean Air Act performance standards in 2016 determined by EPA | Price on carbon mitigated by free allocations based 75% on historical emissions; Clean Air Act performance standards phasing in 2016-2020 determined by statute |
| Green Economy Investment | $150 billion over ten years, including workforce training, plug-in hybrids, renewable electricity, advanced biofuels, advanced coal technology, nuclear power, and smart grid | Approximately $100 billion over ten years, including workforce training, plug-in hybrids, renewable electricity, advanced biofuels, advanced coal technology, nuclear power, and smart grid | $70 billion for clean transportation over ten years, extensive support for nuclear, natural gas vehicles, same support for advanced coal as W-M, and support for renewables |
| Permit Allocation | Full auction | Allocations based on historical emissions and energy production with 20% auction at start, phasing to 70% auction by 2030 | Allocations TBA phasing to TBA auction by 2030 |
| Renewable & Efficiency Standards | 25% renewable electricity by 2025, 100% new building efficiency by 2030, phase out traditional incandescents by 2014 | 15% renewable electricity + 5% efficiency by 2020, 75% new building efficiency by 2030, appliance and lighting efficiency standards | Support for state-level standards; if national standard based on Bingaman energy bill, weaker than projected business-as-usual |
| Consumer Protection | LIHEAP, low-income weatherization grants, a “dedicated fund to assist low-income Americans,” plus Making Work Pay tax cut | Over first ten years, 45% (approx. $30 billion) of allocated permits and auction revenues dedicated to consumer protection through rebates and efficiency measures, emphasizing low-income consumers | Working families rebate checks from start; Allocated permits dedicated to consumer protection through rebates and efficiency measures; Universal rebate checks from 75% of auction revenues starting in 2026 |
| Market Regulation | Increased regulation of energy markets | FERC and CFTC regulation, no over-the-counter derivatives trading, increased regulation of energy markets | Prohibits derivatives, limits permit auction to covered emitters |
| Agriculture and Deforestation | Domestic and international incentives to sequester carbon and reduce deforestation, support for biofuels | Pool of offsets plus supplemental fund of 5% of permits for domestic and international incentives to sequester carbon and reduce deforestation, support for biofuels | Pool of offsets plus supplemental fund for domestic and international incentives to sequester carbon and reduce deforestation, support for rural energy program |
| Deficit Reduction | Not discussed | 10% of permits auctioned (approx. $8 billion) over first ten years for deficit reduction | Obeys PAYGO; Starting in 2026, 25% of auction revenues for deficit reduction |
| Fuels and Transportation | Increase biofuels to 60 million gallons by 2030, low-carbon fuel standard of 10% by 2010, 1 million plug‐in hybrid cars by 2025, raise fuel economy standards, smart growth funding, end oil subsidies, promote natural gas drilling, enhanced oil recovery | Smart growth funding, plug-in hybrids, raise fuel economy standards | $7 billion a year for smart growth funding, plug-in hybrids, natural gas vehicles, raise fuel economy standards; offshore drilling with revenue sharing and oil spill veto, natural gas fracking disclosure |
| Cost Containment | International offsets | Offset pool, banking and borrowing flexibility, soft price collar using permit reserve auction at $28 per ton going to 60% above three-year-average market price | “Hard” price collar between $12 and $25 per ton, floor increases at 3%+CPI, ceiling at 5%+CPI, plus permit reserve auction, offsets like W-M |
| Clean Air Act And States | Not discussed | Only polluters above 25,000 tons of carbon dioxide equivalent a year, regional cap and trade suspended until 2017, EPA to set stationary source performance standards in 2016, some Clean Air Act provisions excluded | Only polluters above 25,000 tons of carbon dioxide equivalent a year, regional cap and trade pre-empted, establishes coal-fired plant performance standards, some Clean Air Act provisions excluded |
| International Competitiveness | Tax incentives for domestic auto industry | Free allowances for trade-exposed industries, 2020 carbon tariff on imports from nations without GHG reduction program | Free allowances for trade-exposed industries, carbon tariff on imports from nations without GHG reduction program |
| References: Barack Obama, 2007; Barack Obama, 8/3/08; Pew Center, 6/26/09; leaked drafts of American Power Act, 5/11/10. | |||
Download the short summary of the American Power Act as a readable PDF.
Download the section-by-section summary as a readable PDF.
Kerry-Lieberman Legislative Background Briefing
Senators John Kerry (D-Mass.), Chairman of the Foreign Relations Committee, and Joe Lieberman (I-Conn.), Chairman of the Homeland Security and Governmental Affairs Committee, tomorrow will roll out their comprehensive energy and climate change legislation that will create jobs, strengthen America’s energy independence, safeguard our national security, and restore our global economic leadership for decades to come.
Senior congressional staff will hold a background briefing for reporters Wednesday morning followed by an afternoon press conference with the Senators and a broad coalition of business, environment, faith, and national security supporters.
White House: Immigration Is 'Important' And Energy Is 'Critical,' But Reid 'Sets The Agenda' 3
From the Wonk Room.
Although both immigration and climate reform are top priorities for the Obama administration, White House domestic policy adviser Melody Barnes said, it is Senate Majority Leader Harry Reid (D-NV) who “sets the agenda.” MSNBC’s Chuck Todd questioned Barnes Monday morning over the conflict between Reid and Sen. Lindsey Graham (R-SC) that derailed the expected unveiling of comprehensive climate legislation Monday. Barnes said that energy reform – what President Obama has called one of his “foundational priorities” – is “critical to this country,” while immigration reform is “important.” However, she repeatedly indicated that the responsibility for moving forward lies with Reid:MELODY BARNES: What the president and administration want is to work with Congress, Republicans and Democrats in Congress to address these big issues. The Senate Majority Leader will make a decision how to go forward. Immigration reform is important. We also know that comprehensive energy reform is critical to this country. We have to get away from reliance on foreign oil. We know we can create clean energy jobs. So both of these are top priorities for this president. We’re going to be working with the Senate.CHUCK TODD: Can either be signed this year?
BARNES: We’re hoping to move forward with the majority leader as he sets the agenda.
Watch it:
Reid’s staff had leaked to reporters that the majority leader wanted the Senate to consider an immigration bill before climate legislation, a statement that made little sense other than a response to local political pressures. As Graham, who has been the lead Republican on both issues, voiced his displeasure, it seems neither Reid nor the White House reached out to quell his anger. Graham and Sen. John Kerry’s (D-MA) American Power Act is ready to be unveiled for direct floor consideration, but immigration reform requires “significant committee work that has not yet begun”—as Reid said. President Obama has been keeping his pledge to immigration reform advocates to raise the issue with Republicans like Sen. Scott Brown (D-MA) to get on board with Graham and Sen. Chuck Schumer’s (D-NY) immigration effort, but the two bills aren’t on the same timetable.
In addition to the fealty of most Republicans to killer fossil industries, Democrats have competing camps on the best pathway to energy action, with senators like Sen. Byron Dorgan (D-ND) and Sen. Maria Cantwell (D-WA) pushing for alternate strategies to President Obama’s comprehensive climate reform. Reid has waffled on whether he would be willing to risk conflict with Democratic committee chairs by taking climate reform straight to the floor. This potential conflict with senators like agriculture chair Blanche Lincoln (D-AR) and finance chair Max Baucus (D-MT) would likely have to be mediated by the President, even as Graham would have the responsibility of locking down Republican votes other than himself.
Transcript:
TODD: I understand that there’s this idea that everybody here wants to walk and chew gum at the same time but we will know Washington sort of can handle one big issue at a time. Financial reform at some point feels like it’s going to wrap interrupt next couple weeks. It sounds like energy, immigration, can you really expect this town to handle both at the same time or is there going to have to be one over the other?BARNES: When we walked in the door we inherited big problems. I think what this president has shown is he can handle a number of challenges at the same time.
TODD: Maybe he can but Congress is a different story. We know they have their priorities. I guess what I’m asking, would the White House accept immigration going before energy?
BARNES: What the president and administration want is to work with Congress, Republicans and Democrats in Congress to address these big issues. The Senate Majority Leader will make a decision how to go forward. immigration reform is important. We also know that comprehensive energy reform is critical to this country. We have to get away from reliance on foreign oil. We know we can create clean energy jobs. So both of these are top priorities for this president. We’re going to be working with the Senate.
TODD: Can either be signed this year?
BARNES: We’re hoping to move forward with the majority leader as he sets the agenda.
TODD: If he’s picking immigration, he’s setting the agenda.
BARNES: He’s the majority leader.
Whisper Campaign Derails Climate Bill Rollout
The unveiling of green economy legislation by Sen. John Kerry (D-MA), Sen. Joe Lieberman (I-CT), and Sen. Lindsey Graham (R-SC) Monday has been indefinitely postponed, following a whisper campaign that Senate leadership preferred tackling immigration reform instead. Below is the timeline of the last four days, in which political reporters quote anonymous “Democratic officials” and “Senate Democratic aides” to promote the rumor:
Wednesday, April 21: Senate Majority Leader Harry Reid (D-NV) and House Speaker Nancy Pelosi (D-CA) meet. Based entirely on comments from anonymous “Senate Democratic aides,” Roll Call’s John Stanton claims that “Democratic leaders are pushing ahead with plans to move comprehensive immigration reform legislation this year — even if it means punting on energy legislation until next Congress.” The Hill’s Ben Geman cites “a Democratic aide” to claim Pelosi said she is “fine” with “the Senate taking up immigration reform before climate change legislation.” The Wall Street Journal’s Laura Meckler cites “three Democratic officials” to claim “both leaders said they would put immigration ahead of energy on their priority list.”
Thursday, April 22, Earth Day: The Associated Press’s Laurie Kellerman and Matthew Day cite “two Democratic officials” to repeat the immigration-first rumor.
Pelosi holds a press conference, and is asked about the rumor. Pelosi responds that “energy security and addressing the climate crisis is the flagship issue of my speakership,” notes that the House has “already passed our energy bill,” and “if the Senate is ready with an immigration bill, we don’t want anybody holding it up for any reason, and we would be pleased to welcome it to the House.” Fox News’ Chad Pergram interprets her remarks to claim “Pelosi Okay On Delaying Climate Bill in Lieu of Immigration.”
Graham tells reporters that “If immigration comes up then that’s the ultimate CYA politics,” and “It destroys the ability to do something like energy and climate” to jump to immigration reform legislation, because “We haven’t done anything to prepare the body or the country for immigration” and “business and labor are not together on a temporary worker bill.”
In a story by Politico’s Marin Cogan about Graham’s comments, Sen. Barbara Boxer (D-CA) “declined to say which bill she’d prefer be taken up first.”
House Majority Leader Steny Hoyer (D-MD) tells the Christian Science Monitor’s Linda Feldmann, “I don’t know that anybody made a determination in the discussions I have had with leadership that immigration is more important than energy,” and agrees with Graham’s assessment, “I am not sure the Senate can move an immigration bill.”
Friday, April 23: A “Democratic aide” tells Politico’s Kasie Hunt: “Immigration is gaining steam; climate change may suffer.”
“I think these are separate issues on separate legislative tracks,’’ Lieberman says in a conference call. “One will not adversely affect the other.” Hartford Courant’s Daniela Altimari reports “Lieberman said Senate Majority Leader Harry Reid assured him that he will bring the climate and energy bill to the floor, likely in late May or early June, barring any obstacles.”
Saturday, April 24: Graham sends a letter to business, religious and conservation leaders that “I will be unable to move forward on energy independence legislation at this time” because of “what appears to be a decision by the Obama Administration and Senate Democratic leadership to move immigration instead of energy,” unless “their plan substantially changes this weekend.”
Reid, the Washington Post’s Juliet Eilperin writes, “declined to assure Graham on Saturday that he would put immigration behind energy in the legislative lineup,” responding in a statement instead: “I will not allow him to play one issue off of another, and neither will the American people.” The Hill’s Eric Zimmerman interprets Reid’s statement to claim he “said today that Democrats might push climate legislation before immigration reform.” Reid’s statement blames Republicans, specifically “the tremendous pressure he is under from members of his own party not to work with us on either measure.”
The White House “also declined to indicate whether it would address Graham’s concerns,” issuing a statement by climate advisor Carol Browner saying, “We believe the only way to make progress on these priorities is to continue working as we have thus far in a bipartisan manner to build more support for both comprehensive energy independence and immigration reform legislation.” Talking Points Memo’s Christina Bellantoni notes Browner says about climate reform, “We’re determined to see it happen this year.”
In the evening, Kerry releases a statement that “regrettably external issues have arisen that force us to postpone only temporarily” the Monday unveiling because Graham “feels immigration politics have gotten in the way and for now prevent him from being engaged in the way he intended.” “Joe and I will continue to work together and are hopeful that Lindsey will rejoin us once the politics of immigration are resolved.”
In summary: although Lieberman and Hoyer attempted to debunk the rumor, Senate leadership and the White House refused to address the rumor of timing spread by anonymous Democratic staffers and officials. Graham, who has also been the lead Republican working on immigration with Sen. Chuck Schumer (D-NY), announced Saturday he would not participate in a bill rollout with its fate on the Senate calendar placed in competition with unwritten immigration legislation.