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2018: Voted in favor of Sen. Grassleys amendment to the Senate DACA bill that end chain migration Sen. Capito voted for an amendment offered by Sen. Chuck Grassley (R-Iowa) to the Senate shell bill for granting amnesty to illegal aliens. The Grassley amendment would: 1) grant amnesty to an estimated 1.8 million DACA-eligible illegal aliens, 2) end Chain Migration and the Visa Lottery, 3) repurpose the Chain and Lottery green cards for clearing out the backlog of 4 million, and 4) authorize spending for increased border security The amendment failed 39-to-60 (needed 60 votes to pass).

2018: Voted in favor of Sen. Grassleys amendment to the Senate DACA bill that end the visa lottery Sen. Capito voted for an amendment offered by Sen. Chuck Grassley (R-Iowa) to the Senate shell bill for granting amnesty to illegal aliens. The Grassley amendment would: 1) grant amnesty to an estimated 1.8 million DACA-eligible illegal aliens, 2) end Chain Migration and the Visa Lottery, 3) repurpose the Chain and Lottery green cards for clearing out the backlog of 4 million, and 4) authorize spending for increased border security The amendment failed 39-to-60 (needed 60 votes to pass).

2012: Voted in favor of legislation to end the visa lottery in (Smith) Rep. Capito voted in favor of H.R. 6429, the STEM Jobs Act of 2012. This bill cancels the visa lottery program and transfers the visas to STEM categories. The visa lottery prgram grants 55,000 visa annually on a random basis to new immigrants. The bills sponsor is Rep. Lamar Smith (R-Tex.). The legislation passed 245-139. (30 Nov. 2012, 11:39 AM).

2012: Voted in favor of legislation to end the visa lottery (Smith) Rep. Capito voted in favor of H.R. 6429, the STEM Jobs Act of 2012. This bill cancels the visa lottery program, and transfers the 55,000 yearly visas that would have been granted through the visa lottery into two new priority categories (doctorate and masters degree) under 203(b). For the first two fiscal years of the program, unused visas for which petitions or applications for labor certification have been filed will be added to the total visas for the next fiscal year. Following the first two years, remaining unused visas do not transfer to the next fiscal year. Further, student visas are reformed by adding a new STEM-based F-Visa subsection. This allows for new F-Visa applicants who are pursuing a degree in a STEM category to apply without the previously necessary intent to retain their residence in their home country. The bill received a vote of 257-158, but failed to pass the House because a 2/3rds vote was required for passage. The legislations main sponsor is Rep. Lamar Smith (R-Texas).

2005-2006: Voted for a bill to eliminate visa lottery.
Rep. Capito voted in favor of final passage of H.R. 4437 which included a provision to eliminate the visa lottery that each year awards 55,000 visas on a random basis. H.R. 4437 was passed by the House by a vote of 239 to 182.

2005-2006: Voted for an amendment to eliminate visa lottery.
Rep. Capito voted on the floor of the House in favor of the Goodlatte amendment to H.R. 4437. The Goodlatte Amendment would eliminate the visa lottery program that each year awards 55,000 visas on a random basis. The Amendment passed by a vote of 273 to 148.

2022: Voted in favor of H.R. 2471 to increase in H-2B and EB-5 visas Sen. Capito voted in favor of H.R. 2471, the Consolidated Appropriations Act, introduced by Rep. Hakeem Jefferies (D-N.Y.). The legislation authorizes the Department of Homeland Security to double the number of H-2B low-skill, non-agricultural visas for FY2022. Further, the legislation reauthorizes the EB-5 investor visa program. The legislation was signed into law.

2020: Voted in favor of H.R 133, the Consolidated Appropriations Act on Senate floor Sen. Capito voted in favor of H.R. 133, the Consolidated Appropriations Act, that would weaken interior enforcement and increase foreign worker visas. The bill reduced funding for Immigration and Customs Enforcement by $431 million. Further, the bill authorized the Departments of Homeland Security and Labor to increase the number of H-2B visas issued during the 2021 fiscal year.

2019: Voted in favor of H.R. 1865, the Further Consolidated Appropriations Act, to increase H-2B visas Sen. Capito voted in favor of H.R. 1865, the Further Consolidated Appropriations Act, that provides funding for the federal government for FY2020. H.R. 1865 included a provision that authorizes the Department of Homeland Security to nearly double the available H-2B visas for the remainder of FY 2020. Under the same provision, DHS added an additional 30,000 H-2Bs in FY 2019.

2019: Voted in favor of the omnibus spending bill, H.J. Res. 31, to increase H-2B visas Sen. Capito voted in favor of H.J.Res. 31, the omnibus spending bill. The bill allows for the Secretary of Homeland Security to increase the number of H-2B guest worker visas issued in FY2019.

2018: Voted in favor of the Omnibus Spending Bill to increase H-2B visas Sen. Capito voted in favor of the substitute amendment to H.R. 1625, the omnibus spending bill of 2018. The massive spending bill included a provision that authorizes the Department of Homeland Security to double the number of H-2B visas in FY2018.

2018: Voted in favor of Sen. Grassleys amendment to the Senate DACA bill that would grant amnesty to illegal aliens Sen. Capito voted for an amendment offered by Sen. Chuck Grassley (R-Iowa) to the Senate shell bill for granting amnesty to illegal aliens. The Grassley amendment would: 1) grant amnesty to an estimated 1.8 million DACA-eligible illegal aliens, 2) end Chain Migration and the Visa Lottery, 3) repurpose the Chain and Lottery green cards for clearing out the backlog of 4 million, and 4) authorize spending for increased border security The amendment failed 39-to-60 (needed 60 votes to pass).

2017: Voted in favor of increasing foreign worker visas Sen. Capito voted in favor of H.R. 244, the 2017 omnibus spending bill. A provision of the bill allows DHS to raise the H-2B cap by 70,000 in 2017 by excluding returning H-2B workers. The spending bill, and the H-2B provision, covers half of 2017.

2015: Voted for the FY2016 Omnibus Spending bill to increase foreign guest workers Sen. Capito voted in favor of H.R. 2029, the Omnibus Spending bill for 2016. This legislation would increase the number of H-2B low-skilled, non-agricultural guest worker visas issued in 2016 from 66,000 to 264,000. The legislation would exempt foreign workers who had received an H-2B visa in any of the past three years from the 2016 cap.

2015: Voted in favor of H.R. 2146 to grant President authority to expand immigration levels without Congress consent via Trade Promotion Authority (TPA) Sen. Capito voted in favor of final passage of Trade Promotion Authority bill, H.R. 2146. (NOTE: in order to pass TPA the House of Representatives split the original bill Senate-passed bill H.R. 1314 into two bills, one dealing with Trade Adjustment Assistance and one dealing with the TransPacific Partnership. As a result, when the legislation came back to the Senate for a final vote, the Senate had to attach the TPA language to another House-originated bill, H.R. 2146 and vote to pass that legislation). This legislation would set up fast-track procedures for the passage of trade deals negotiated by the president. Although Ambassador Froman, the U.S. Trade Representative, repeatedly assured Members of Congress that the Trans-Pacific Partnership (TPP) will not include immigration provisions that require the United States to change its laws, the Living Agreement provision of TPP means by its very terms that President Obama, or his successor, can change the provisions of the agreement however he chooses with no input whatsoever from Congress and regardless of what TPA instructs. H.R. 2146 passed the Senate by a vote of 60-38.

2015: Voted in favor of granting President authority to expand immigration levels without Congress consent via Trade Promotion Authority in 2015 Sen. Capito voted in favor of final passage of Trade Promotion Authority bill, H.R. 1314. This legislation would set up fast-track procedures for the passage of trade deals negotiated by the president. Although Ambassador Froman, the U.S. Trade Representative, repeatedly assured Members of Congress that the Trans-Pacific Partnership (TPP) will not include immigration provisions that require the United States to change its laws, the Living Agreement provision of TPP means by its very terms that President Obama, or his successor, can change the provisions of the agreement however he chooses with no input whatsoever from Congress and regardless of what TPA instructs. H.R. 1314 passed the Senate by a vote of 62-37.

2005-2006: Voted against CAFTA, foreign worker importation program (Delay)
Rep. Capito voted against H.R. 3045, the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (CAFTA), on July 28, 2005 (12:03 AM). It is expected that CAFTA would create the expectation of immigration and lead to an increase in illegal immigration. H.R. 3045 was sponsored by Rep. Tom DeLay (R-Texas).

2005-2006: Voted against an amendment to prohibit foreign-worker importation provisions in Free Trade Agreements.
Rep. Capito voted against the Tancredo Amendment to H.R. 2862 to prevent the U.S. Trade Representative from including immigration provisions in Free Trade Agreements. The Tancredo Amendment failed by a vote of 106 to 322.

2003-2004: Voted in favor of a bill to increase foreign-worker visas (DeLay).
Rep. Capito voted in favor of the Chile Free Trade Agreement, H.R. 2738, that would permit an unlimited number of tech and professional workers from Chile to enter the U.S. on L-1 visas. H.R. 2738, sponsored by Rep. Tom DeLay (R-Texas), passed by a vote of 270-156.

2003-2004: Voted for a bill to create worker importation program (DeLay).
Rep. Capito voted for the Singapore Free Trade Agreement, H.R. 2739 that would permit an unlimited number of Singaporeans to enter the U.S. as temporary workers. H.R. 2739, sponsored by Rep. Tom DeLay (R-Texas), passed by a vote of 272-155.

2023: Voted in favor of S. Amdt. 110 to H.R. 3476 to reduce Asylum Fraud
Sen. Capito voted in favor of S. Amdt. 110, offered by Sen. Roger Marshall (R-Kan.) to H.R. 3476. S. Amdt. 110 would have added the House-passed H.R. 2 to the Debt Limit compromise bill. The legislation would significantly reduce asylum fraud by strengthening the credible fear standard to ensure that only those who are more than likely to be awarded asylum by an immigration judge are allowed to continue with the asylum process. Further, it would prohibit individuals who cross the border illegally from claiming asylum and prevent asylum seekers from receiving a work permit for one year after entry.

2018: Voted in favor of Sen. Grassleys amendment to the Senate DACA bill that end chain migration Sen. Capito voted for an amendment offered by Sen. Chuck Grassley (R-Iowa) to the Senate shell bill for granting amnesty to illegal aliens. The Grassley amendment would: 1) grant amnesty to an estimated 1.8 million DACA-eligible illegal aliens, 2) end Chain Migration and the Visa Lottery, 3) repurpose the Chain and Lottery green cards for clearing out the backlog of 4 million, and 4) authorize spending for increased border security The amendment failed 39-to-60 (needed 60 votes to pass).

2015: Cosponsored legislation to Halt Refugee Resettlement from Syria and Iraq (Kirk) Sen. Capito has cosponsored S. 2435, the Defend America Act of 2015. The bill would halt the resettlement of refugees from Syria or Iraq. It would also require the Department of Homeland Security to send information on refugees to the states before being resettled. The bill was introduced by Sen. Mark Kirk (R-Ill.).

2015: Voted for the FY2016 Omnibus Spending bill to increase refugee resettlement Sen. Capito voted in favor of H.R. 2029, the Omnibus Spending bill for 2016. This legislation would fully fund the refugee resettlement program and include increases in funding to accommodate Pres. Obamas proposal to resettle an additional 10,000 Syrian refugees in the United States in 2016.

2007: Voted against an amendment to reduce the time period of a countrys temporary protected status. Rep. Capito voted against the Forbes amendment to HR 2638, which would prohibit funds pursuant to this bill from being used to extend the temporary protected status designation of a country. This amendment failed 123-298.

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2005-2006: Voted against an amendment (Nadler) and protected asylum reforms (H.R. 418)
Rep. Capito voted against the Nadler Amendment to H.R. 418 to strip asylum reforms that would prevent terrorists from gaming our asylum system. The Nadler Amendment would have stripped provisions to ensure that our asylum system is consistent with our justice system in which the trier of fact is always allowed to use the credibility of the defendant and witnesses in deciding the case. The Nadler Amendment, sponsored by Rep. Jerrold Nadler (D-N.Y.), failed by a vote of 185-236 on February 10, 2005 (1:55 PM).

2005: Cosponsored H.R. 418 to reduce asylum fraud H.R. 418 would reduce asylum fraud by clarifying that the asylum claimant bears the burden of proving persecution or a well-founded fear of persecution based on the five grounds for asylum agreed upon in the Geneva Convention. As well, it permits immigration judges, when reasonable, to require the claimant to present corroborating evidence.

2004: Voted in favor of bill to reduce asylum fraud (Hastert)
Rep. Capito voted in favor of final passage of H.R. 10 that included a provision to reduce asylum fraud by reaffirming that the burden of proof is on the asylum claimant, and that the adjudicator may require corroborating evidence in certain cases. H.R. 10, sponsored by Rep. Dennis Hastert (R-Ill.), passed by a vote of 282-134.

2004: Voted to reduce asylum fraud by voting against amendment (Smith) to strip provision making it harder for terrorists to get asylum
Rep. Capito voted against the Smith Amendment to strip from H.R. 10 the asylum provision to make it harder for terrorists to receive asylum in the U.S. by no longer allowing aliens who allege they will be persecuted because of terrorist ties to automatically receive asylum based on that claim. The Smith Amendment, sponsored by Rep. Christopher Smith (R-N.J.), failed by a vote of 197-219.

2004: Voted against Motion to Recommit (Maloney) on H.R. 10 to strip provision to reduce asylum fraud
Rep. Capito voted against the Maloney Motion to Recommit with Instructions to strip from H.R. 10 a provision to reduce asylum fraud by reaffirming that the burden of proof is on the asylum claimant, and that the adjudicator may require corroborating evidence in certain cases. The Maloney Motion to Recommit, sponsored by Rep. Carolyn Maloney (D-N.Y.), failed by a vote of 193-223.

2004: Voted to reduce asylum fraud by voting against a Motion to Instruct Conferees
Rep. Capito voted against a Motion to Instruct Conferees to strip a provision from H.R. 10 to reduce asylum fraud by reaffirming that the burden of proof is on the asylum claimant, and that the adjudicator may require corroborating evidence in certain cases. The Motion to Instruct failed by a vote of 169-229.

2004: Voted against amendment (Menendez) to H.R. 10 to strip provision to reduce asylum fraud
Rep. Capito voted against the Menendez Amendment to strip from H.R. 10 a provision to reduce asylum fraud by reaffirming that the burden of proof is on the asylum claimant, and that the adjudicator may require corroborating evidence in certain cases. The Menendez Amendment, sponsred by Sen. Robert Menendez (D-N.J.), failed by a vote of 203-213.

2025: (Jan. 20) Sen. Capito voted in favor of the Laken Riley Act (S. 5) to prevent a type of amnesty through abuse of parole.
The Laken Riley Act (by Katie Britt, R-AL) included a provision giving legal standing to states to sue the federal government if it abuses its authority by giving parole (a form of amnesty) to classes of inadmissible aliens instead of on a case by case basis. (The bill passed the Senate 64-35 and passed the House 263-156.)

2025: (Jan. 17) Sen. Capito voted in favor of cloture to allow the Laken Riley Act (S. 5) to move to a final vote.
The Laken Riley Act (by Katie Britt, R-AL) included a provision giving legal standing to states to sue the federal government if it abuses its authority by giving parole (a form of amnesty) to classes of inadmissible aliens instead of on a case by case basis. (The 61-35 vote allowed the Senate to proceed to the final floor vote.)

2025: (Jan. 15) Sen. Capito voted against the Coons amendment (S.Amdt.23) to the Laken Riley Act (S. 5) to remove states' ability to sue the federal government for granting a type of mass amnesty through abuse of parole.
This amendment (by Chris Coons, D-DE) to the Laken Riley Act (by Katie Britt, R-AL) would have stripped out the provision giving legal standing to states to sue the federal government if it abuses its authority by giving parole (a form of amnesty) to classes of inadmissible aliens instead of on a case by case basis. (The amendment failed 46-49.)

2025 (Jan. 09): Sen. Capito voted in favor of the first cloture on the Laken Riley Act (S. 5), to proceed to debate and amendments.
The Laken Riley Act (by Sen. Katie Britt, R-AL) included a provision giving legal standing to states to sue the federal government if it abuses its authority by granting mass parole (a form of amnesty) instead of on a case by case basis. Sixty votes were necessary to overcome a filibuster. (The cloture vote passed 84-9, allowing the Senate to proceed with amending the legislation.)

Sen. Capito co-sponsored the Laken Riley Act (S. 5) to prevent a type of amnesty through abuse of parole.
The Laken Riley Act (by Katie Britt, R-AL) included a provision giving legal standing to states to sue the federal government if it abuses its authority by giving parole (a form of amnesty) to classes of inadmissible aliens instead of on a case by case basis. (The bill passed the Senate 64-35 and passed the House 263-156.)

2023: Voted in favor of S. Amdt. 110 to H.R. 3476 to prevent amnesties for illegal border crossers
Sen. Capito voted in favor of S. Amdt. 110, offered by Sen. Roger Marshall (R-Kan.) to H.R. 3476. S. Amdt. 110 would have added the House-passed H.R. 2 to the Debt Limit compromise bill. The legislation would reduce amnesty by strictly limiting the situations under which an administration can grant parole to illegal aliens.

2018: Voted in favor of Sen. Grassleys amendment to the Senate DACA bill that would grant amnesty to illegal aliens Sen. Capito voted for an amendment offered by Sen. Chuck Grassley (R-Iowa) to the Senate shell bill for granting amnesty to illegal aliens. The Grassley amendment would: 1) grant amnesty to an estimated 1.8 million DACA-eligible illegal aliens, 2) end Chain Migration and the Visa Lottery, 3) repurpose the Chain and Lottery green cards for clearing out the backlog of 4 million, and 4) authorize spending for increased border security The amendment failed 39-to-60 (needed 60 votes to pass).

2018: Voted against the McCain-Coons amendment that would grant amnesty to illegal aliens Sen. Capito voted against an amendment offered by Sens. John McCain (R-Ariz.) and Chris Coons (D-Del.) to the Senate shell bill for granting amnesty to illegal aliens. The McCain-Coons amendment would grant amnesty to an estimated 3.2 million young-adult illegal aliens. The amendment failed 52-to-47 (needed 60 votes to pass).

2018: Voted against the Schumer-Collins-Rounds-King amendment that would grant amnesty to illegal aliens Sen. Capito voted against an amendment offered by Sens. Chuck Schumer (D-N.Y.), Susan Collins (R-Maine), Mike Rounds (R-S.D.), and Angus King (I-Maine) to the Senate shell bill for granting amnesty to illegal aliens. The Schumer-Collins-Rounds-King amendment would have granted amnesty to an estimated 1.8 million young-adult illegal aliens and granted a defacto amnesty to another 850,000 illegal aliens by protecting them from deportations. The amendment failed 54-to-45 (needed 60 votes to pass).

2015: Voted against Attorney General nominee who supports amnesty Sen. Capito voted against Loretta Lynchs confirmation as Attorney General. The Office of the Attorney General, the top law enforcement office in the country, is a position that should be reserved for qualified individuals with the utmost regard for the rule of law. Unfortunately, while Ms. Lynch served honorably as the U.S. Attorney for the Eastern District of New York, she indicated during the confirmation process that she did not have that regard for duly enacted immigration laws. She deemed reasonable President Obamas unprecedented and unconstitutional amnesties. Her dismissive attitude about the seriousness of enforcing immigration laws was largely explained in her initial answer to Senate questioning about whether the priority for U.S. jobs should be that they go to unlawfully present foreign workers or to legal workers of our nation. Ms. Lynch answered that everybody should be getting U.S. jobs regardless of their legal status, despite the fact that the primary purpose of immigration laws is to protect vulnerable American workers. As a result, NumbersUSA took an unusual step and scored the vote for the confirmation of Ms. Lynch as a vote against against the rule of law, and against the interests of American workers. Ms. Lynch was confirmed by a vote of 56 to 43.

2015: Voted AGAINST McConnell substitute amendment to H.R. 240 to fund Executive Amnesties Sen. Capito voted AGAINST the McConnell amendment to substitute the text of HR 240 with language that would provide full and unrestricted funding for President Obamas unconstitutional and illegal Executive Amnesties. After a series of 4 failed attempts to invoke cloture and move to debate on H.R. 240 (the House-passed DHS Appropriations bill that included language to de-fund Pres. Obamas Executive Amnesties), Senate Majority Leader Mitch McConnell (R-KY) struck a deal with Minority Leader Harry Reid (D-NV) to move a clean DHS bill that would fund the amnesties through September 2015. Voting against the McConnell substitute amendment was a clear sign that a Senator was willing protect struggling American workers who will have to compete for scarce jobs with millions of unlawful immigrants. It was also a vote against ceding Congress constitutional powers to a President who has shown absolute disdain for the rule of law and the separation of powers at the very core of our Constitution. Senators cannot expect the judicial branch to reclaim the legislative powers for which they are unwilling to fight. The McConnell Amendment passed by a vote of 66 to 33.

2015: Voted AGAINST Executive Amnesty by voting in favor of Sessions/Lee motion to allow possibility of de-funding Executive Amnesty in DHS Appropriations Sen. Capito voted in favor of the Sessions/Lee motion to table the amendment tree on H.R. 240. After a series of 4 failed attempts to invoke cloture and move to debate on H.R. 240 (the House-passed DHS Appropriations bill that included language to de-fund Pres. Obamas Executive Amnesties), Senate Majority Leader Mitch McConnell (R-KY) struck a deal with Minority Leader Harry Reid (D-NV) to move a clean DHS bill that would fund the amnesties through September 2015. As part of this deal, Majority Leader McConnell filled the amendment tree in order to provide full funding for President Obamas unconstitutional and illegal amnesties and block all other amendments to H.R. 240. This was especially outrageous given that Leader McConnell promised to restore regular order and an open amendment process when he became Senate Leader in January 2015. In response, Senators Sessions (R-AL) and Lee (R-UT) filed a motion to table the amendment tree, thus allowing amendments to the bill and the possibility of restoring the de-funding language. Thus, a vote in favor of the Sessions/Lee motion to table the amendment tree was a vote against amnesty and lawlessness a vote for the open process. The Sessions/Lee motion to table failed by a vote of 34 to 65.

2015: Voted for SECOND Motion to bring H.R. 240 (DHS Appropriations bill) to de-fund Executive Amnesty to Senate floor Sen. Capito voted in favor of the SECOND cloture motion to allow the Senate to begin debate on the House-passed DHS Appropriations bill (H.R. 240) that includes language to de-fund President Obamas Executive Amnesties, including DACA and his November 2014 amnesty to give work permits to up to 5 million illegal aliens. DHS funding runs out at the end of February 2015 and President Obama has threatened to veto any appropriations bill that includes language to de-fund his amnesties, essentially saying his amnesty is more important than funding for DHS. No Senate Democrats voted to allow the bill to the Senate floor for debate. The motion failed by a vote of 53 - 47 (60 votes required for passage).

2015: Voted for THIRD Motion to bring H.R. 240 (DHS Appropriations bill) to de-fund Executive Amnesty to Senate floor Sen. Capito voted in favor of the THIRD cloture motion to allow the Senate to begin debate on the House-passed DHS Appropriations bill (H.R. 240) that includes language to de-fund President Obamas Executive Amnesties, including DACA and his November 2014 amnesty to give work permits to up to 5 million illegal aliens. DHS funding runs out at the end of February 2015 and President Obama has threatened to veto any appropriations bill that includes language to de-fund his amnesties, essentially saying his amnesty is more important than funding for DHS. No Senate Democrats voted to allow the bill to the Senate floor for debate. The motion failed by a vote of 52 - 47 (60 votes required for passage).

2015: Voted for FIRST Motion to Proceed to Debate on DHS Appropriations bill (H.R. 240) to de-fund Executive Amnesty Sen. Capito voted in favor of a cloture motion to allow the Senate to begin debate on the House-passed DHS Appropriations bill (H.R. 240) that includes language to de-fund President Obamas Executive Amnesties, including DACA and his November 2014 amnesty to give work permits to up to 5 million illegal aliens. DHS funding runs out at the end of February 2015 and President Obama has threatened to veto any appropriations bill that includes language to de-fund his amnesties, essentially saying his amnesty is more important than funding for DHS. No Senate Democrats voted to allow the bill to the Senate floor for debate. The motion failed by a vote of 51-48.

2015: Voted for FOURTH Motion to bring H.R. 240 (DHS Appropriations bill) to de-fund Executive Amnesty to Senate floor Sen. Capito voted in favor of the FOURTH cloture motion to allow the Senate to begin debate on the House-passed DHS Appropriations bill (H.R. 240) that includes language to de-fund President Obamas Executive Amnesties, including DACA and his November 2014 amnesty to give work permits to up to 5 million illegal aliens. DHS funding runs out at the end of February 2015 and President Obama has threatened to veto any appropriations bill that includes language to de-fund his amnesties, essentially saying his amnesty is more important than funding for DHS. No Senate Democrats voted to allow the bill to the Senate floor for debate. The motion failed by a vote of 47-46 (60 votes required for passage).

2014: Voted to lock in President Obamas executive Amnesty Rep. Capito cast a crucial YES vote in helping Pres. Obama and Speaker Boehner pass the CRomnibus that appears to fully fund the Obama amnesty through the Social Security Administration, Department of Health and Human Services and other agencies through next September, while funding the Department of Homeland Security part of the amnesty for the next couple of months. Most Democrats voted to kill the spending bill (mainly over other issues in the legislation). The net effect, though, was that Pres. Obama got his amnesty affirmed and funded mainly by a Republican Party that made opposition to amnesty one of the three main planks in their campaigns to take over Congress this fall.

2014: Voted in favor of legislation to end DACA (Blackburn) Rep. Capito voted in favor of H.R. 5272, legislation introduced by Rep. Marsha Blackurn to defund DACA. The bill represents a serious effort to address the true cause of the current border crisis: President Obamas contempt for immigration law. The bills language prevents the Obama Administration from expanding the existing illegal DACA amnesty program by using the primary power the Constitution reserves for the House of Representatives, the power of the purse. It prohibits the use of federal funds or resources for any further deferred action or work authorization for illegal aliens. The bill passed 216-192-1 (1 August 2014).

2013: Voted in favor of King Amdt to DHS Appropriations bill to prevent amnesty by prosecutorial discretion Rep. Capito voted in favor of the King amendment to the FY2014 DHS Appropriations Bill (H.R. 2217). This amendment would have prohibited the Department of Homeland Security from using funds appropriated by Congress to finalize, implement, administer, or enforce the Morton Memos. The Morton Memos were a series of three memos issued in 2011 that authorized the use of prosecutorial discretion and/or deferred action to provide amnesty to certain illegal aliens, particularly those brought here as children by their illegal alien parents. The amendment, offered by Rep. Steve King (R-Iowa), passed by a 224-201 vote (6 June 2013).

2012: Voted in favor of amendment to prevent amnesty by prosecutorial discretion (King) Rep. Capito voted in favor of the King amendment to the FY2013 DHS Appropriations Bill. This amendment would prohibit the Department of Homeland Security from using funds appropriated by Congress to finalize, implement, administer, or enforce the Morton Memos. The Morton Memos were a series of three memos issued in 2011 that authorized the use of prosecutorial discretion and/or deferred action to provide amnesty to illegal aliens. The amendment

2011: Cosponsoring legislation to prevent administrative amnesties Rep. Capito is cosponsoring H.R. 2497, the HALT Act. This legislation would suspend the Administrations authority to waive inadmissibility, parole, cancel removal, designate new TPS (Temporary Protected Status), or grant deferred action for illegal aliens (also known as administrative amnesty) until the end of the Presidential term, January 21, 2013. Rep. Lamar Smith (R-Texas) is the bills main sponsor.

2010: Voted against the DREAM Act amnesty.
The DREAM Act would have granted amnesty to illegal aliens under the age of 30 who have been in the United States for five consecutive years and came illegally to the United States before the age of 16. Such a reward for illegal immigration serves as an incentive for more illegal immigration.

2010: Working to create jobs for unemployed Americans by opposing amnesty for illegal aliens. Rep. Capito is a member of the Reclaim American Jobs Caucus, which aims to highlight the correlation between the employment of illegal aliens and the unemployment of American workers.

2007: Signed Anti-Amnesty Letter to Speaker of the House Pelosi Rep. Capito signed a letter drafted by the Immigration Reform Caucus to Speaker of the House Pelosi asking her not to bring any immigration legislation to the floor of the House. Signing the letter was a clear indication that Rep. Capito is opposed to amnesty and a way for Members of Congress to go on record as opposing amnesty. 97 Representatives signed the letter.

2006: Voted for an amendment that denies temporary amnesty for certain Central Americans.
Rep. Capito voted in favor of the Tancredo Amendment to H.R. 5441, the Department of Homeland Security appropriations bill of 2007. The Tancredo Amendment would prohibit funds appropriated by H.R. 5441 from being used to administer extensions of the Temporary Protected Status (TPS) amnesty for Guatemalans, Hondurans, or Nicaraguans. The Tancredo Amendment failed by a vote of 134-284-1.

2002: Voted against a resolution which rewarded illegal immigrants with the Section 245(i) amnesty.
Rep. Capito voted against H RES 365, a four-month extension of Section 245(i), an amnesty for illegal aliens that rewards illegal immigrants with residency by allowing certain illegal aliens to pay a 1,000 fine, to apply for a green card in this country, and to stay without fear of deportation. H RES 365, sponsored by Rep. Jim Sensenbrenner (R-Wis.), passed by a vote of 275 to 137.

2001-2002: Voted for a bill to extend an illegal immigrant amnesty act (Gekas).
Rep. Capito voted to reward illegal immigrants with amnesty by voting in favor of H.R. 1885, or a four-month extension of Section 245(i). The bills primary sponsor was Rep. George Gekas (R-Penn).

2022: Sponsored S. 3154 blocking settlement cash to illegal aliens Sen. Capito sponsored S. 3154, the Prohibiting Taxpayer Funded Settlements for Illegal Immigrants Act, introduced by Sen. Steve Daines (R-Mont.). The legislation would block settlement cash from going to families who were separated after crossing the border illegally.

2021: Voted in favor of Amdt. 54 to S. Con. Res. 5 to block stimulus payments to illegal aliens Sen. Capito voted in favor of Amendment #54, introduced by Sen. Todd Young (R-Ind.), to S. Con. Res. 5, the 2021 COVID-19 stimulus bill. The amendment would have blocked stimulus payments from going to illegal aliens. The amendment was approved 58-42.

2020: Cosponsored S. 3286, the Stop Greenlighting Driver Licenses for Illegal Immigrants Act, to reduce rewards for illegal immigration Sen. Capito cosponsored S. 3286, the Stop Greenlighting Driver Licenses for Illegal Immigrants Act, introduced by Sen. Marsha Blackburn (R-Tenn.). The legislation would block Byrne grants for states that issue drivers licenses to illegal aliens and/or block DHS from accessing DMV records.

2014: Voted against the Gohmert amendment to prevent housing subsides for illegal aliens Rep. Capito voted against the Gohmert amendment to H.R. 4745, the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, of 2015. The amendment would have reduced funding to HUD for an amount equal to what has been spent in the past on Section 8 housing for illegal aliens. The amendment failed 160-266.

2011: Cosponsored legislation to prevent illegal aliens from receiving publicly-funded health care Rep. Capito cosponsored H.R. 1822, the No Health Care Subsidies for Illegal Aliens Act of 2011. This legislation would provide documentation procedures and specifically require verification of citizenship status via the Systematic Alien Verification for Entitlements (SAVE) program for aliens wishing to claim health care benefits under the Patient Protection and Affordable Care Act of 2010. Rep. Dana Rohrabacher (R-Calif.) is the bills main sponsor.

2011: Cosponsoring a bill that prevents illegal aliens receiving Social Security payments (Rohrabacher).
Rep. Capito is a cosponsor of the No Social Security for Illegal Immigrants Act of 2011 (H.R. 787), which amends the Social Security Act to exclude from creditable wages and self-employment income wages earned for services by aliens illegally performed in the United States and self-employment income derived from a trade or business illegally conducted in the United States. The bills main sponsor is Rep. Dana Rohrabacher (R-Calif.).

2010: Working to create jobs for unemployed Americans by reducing rewards for illegal aliens. Rep. Capito is a member of the Reclaim American Jobs Caucus, which aims to highlight the correlation between the employment of illegal aliens and the unemployment of American workers.

2009: Voted to allow consideration of verification amendments to the health care reform bill Rep. Capito voted against the rule to H.R. 3962, the Affordable Health Care for America Act. Despite high publicity about the big loopholes in the bill allowing illegal aliens to participate in many parts of the new federal health care plan, the Rules Committee brought a rule to the House floor that blocked a vote on any amendment giving the Members a chance to close the loopholes. NumbersUSA notified the Members of Congress that a vote FOR the closed rule would be graded as a vote to provide rewards and incentives for illegal immigration. In particular

2009-2010: Cosponsored a bill that creates mandatory employment eligibility verification program and tamper-proof Social Security cards (Dreier).
Rep. Capito cosponsored the Illegal Immigration Enforcement and Social Security Protection Act of 2009 (H.R. 98), which establishes a mandatory employment eligibility verification system in which employers would be required to verify new hires eligibility to work in the United States, and would upgrade Social Security cards security features by including: (1) a digitized photograph of the rightful bearer; (2) an encrypted machine-readable electronic identification strip unique to the rightful bearer; and (3) additional anti-tampering, -counterfeiting, and -fraud security features. Rep. David Dreier (R-Calif.) is the main sponsor of this bill.

2008: Voted for an amendment to prevent illegal aliens from receiving federal housing funds.
Rep. Capito voted in favor of an amendment to H.R. 5818, the Neighborhood Stabilization Act of 2008. This amendment would prevent illegal aliens from receiving Housing and Urban Development (HUD) funds pursuant to this act. The amendment passed by a vote of 391-33.

2008: Voted for an amendment to restrict funding to businesses that hire illegal aliens.
Rep. Capito voted in favor of an amendment to HR 5819 that would prohibit SBIR or STTR awards from going to a small business concern if an unlawful alien has an ownership interest in that concern or in a concern that has interest in the small business. The amendment also prohibits SBIR and STTR awards from going to businesses that have repeatedly hired, recruited, or referred unlawful aliens. The amendment passed by a vote of 406-0, with 3 present.

2007-2008: Voted for an amendment to prohibit Social Security funds from being used to administer benefits accrued from work performed in Mexico.
Rep. Capito voted for the Gingrey amendment to HR 3043, an amendment to prohibit the use of funds by the SSA to administer Social Security benefit payments, under any agreement between the United States and Mexico establishing totalization arrangements between the two countries. The amendment passed 254-168.

2007-2008: Cosponsored a bill to require the use of official government documents (Blackburn).
Rep. Capito cosponsored H.R. 1314, the Photo Identification Security Act. This bill would have prohibited Federal agencies (for any official purpose) and financial institutions (for purposes of verifying the identity of an individual seeking to open an account) from accepting any form of identification of an individual other than: (1) either: (a) a social security card accompanied by a photo identification card issued by the Federal or a state government; or (b) a state drivers license or identification card, provided that the state is in compliance with the REAL ID Act; (2) a U.S. or foreign passport; or (3) a photo identification card issued by DHS (through USCIS). Rep. Marsha Blackburn (R-Tenn.) was the measures main sponsor.

2007-2008: Voted to prevent illegal aliens from voting in union elections.
Rep. Capito voted in favor of a Motion to Recommit H.R. 800, the Employee Free Choice Act of 2007. The Motion to Recommit would have recommitted H.R. 800 to the Committee on Education and Labor with instructions to report the bill back to the House with an amendment that would require that all employees allowed to vote in union elections be citizens or legal residents of the United States. Although some Representatives voted against the Motion to Recommit because it would have delayed final passage of the bill, a vote in favor of the Motion to Recommit was clearly a vote in favor of interior enforcement and against allowing illegal aliens to vote in union elections. The Motion to Recommit failed by a vote of 202-225.

2007-2008: Cosponsored a bill to prevent illegal aliens from receiving Social Security payments for illegal work (Rohrabacher).
Rep. Capito cosponsored H.R. 736, the No Social Security for Illegal Immigrants Act of 2007. This bill would have prohibited an illegal aliens work from counting toward qualifying for Social Security; and would have stipulated that this prohibition is not applicable retroactively, so that all benefits already granted would not have been affected. Rep. Dana Rohrabacher (R-Calif.) was the measures main sponsor.

2007-2008: Cosponsored a bill to prevent illegal aliens from receiving Social Security payments (Carter).
Rep. Capito cosponsored H.R. 332, which prohibits an illegal alien, for purposes of Social Security benefits, from being credited for income earned while he/she was illegally present in the United States; and would have stipulated that this prohibition was not applicable retroactively, so that all benefits already granted would not have been affected. Rep. John Carter (R-Texas) was the measures main sponsor.

2007-2008: Cosponsored a bill to prevent Social Security totalization (Cubin).
Rep. Capito cosponsored H.R. 279, the Social Security Totalization Agreement Reform Act of 2007, which requires all Social Security totalization agreements to be treated as bilateral trade agreements, thus requiring both houses of Congress to pass a resolution approving such an agreement before it could take effect; and shifts the burden to the advocates of a totalization agreement to prove its merits, as opposed to gridlock resulting in an agreement becoming operative (i.e., current law states that agreements go into effect automatically within 60 days after the President submits the agreement to Congress unless either chamber passes a resolution disapproving the agreement). Rep. Barbara Cubin (R-Wyo.) is the measures main sponsor.

2007-2008: Cosponsored a resolution to discourage Social Security for illegal aliens (Goode).
Rep. Capito is a cosponsor of H.Res. 18 to express the Houses disapproval of the U.S.-Mexico Social Security totalization agreement, which, if allowed to go into effect, would allow certain illegal aliens from Mexico to collect Social Security benefits. Rep. Virgil Goode (R-Va.) was the main sponsor of this bill.

2005-2006: Voted for an amendment to aid states in conforming with minimum federally-mandated license standards.
Rep. Capito voted in favor of the Obey amendment to H.R. 2360 to provide $100 million to fund grants under the REAL ID Act to assist States in conforming with minimum drivers? license standards. The Obey amendment passed by a vote of 226-198.

2005-2006: Voted in favor of the rule that incorporated the Managers Amendment to H.R. 418 to eliminate provisions for alternative licenses Rep. Capito voted in favor of the Rule that incorporated the Managers Amendment to H.R. 418 to strike both the section of the bill that explicitly recognizes states, ability to issue driving certificates that do not comply with the standards and the provision that permits the Department of Homeland Security to regulate such alternative licenses. The Managers Amendment passed by a vote of 228-198 on February 10 2005 (11:46 AM).

2005-2006: Voted in favor of bill to make illegal aliens ineligible for drivers, licenses (Sensenbrenner)
Rep. Capito voted in favor of H.R. 418 to set federal standards for the issuance of drivers, licenses and a legal presence requirement that would make illegal aliens ineligible for drivers, licenses. As well H.R. 418 would tie the drivers license expiration date of a temporary visa holder to the expiration date of their visa so that those who enter the country legally as visa holders but become illegal aliens by overstaying their visas will not have a valid drivers license after the date of the expiration of their visa. H.R. 418, sponsored by Rep. Jim Sensenbrenner (R-Wis.), passed by a vote of 261-161 on February 10, 2005 (2:41 PM).

2005-2006: Cosponsored bill to reduce rewards for illegal immigration by restricting drivers, licenses for illegal aliens (Sensenbrenner)
H.R. 418 would set federal standards for the the issuance of drivers, licenses and a legal presence requirement that would make illegal aliens ineligible for drivers, licenses. As well, H.R. 418 would tie the drivers license expiration date of a temporary visa holder to the expiration date of their visa so that those who enter the country legally as visa holders but become illegal aliens by overstaying their visas will not have a valid drivers license after the date of the expiration of their visa. Rep. Jim Sensenbrenner (R-Wis.) was this bills primary sponsor.

2004: Voted in favor of bill to prohibit drivers licensesfor illegal aliens (Hastert)
Rep. Capito voted in favor of final passage of H.R. 10 that included provisions to set federal standards for the issuance of drivers licenses and birth certificates. H.R. 10 prohibited the issuance of drivers licenses to illegal aliens and require that drivers licenses of temporary visa holders expire when their visa expires. As well, H.R. 10 contained provisions to prohibit the use of consular-issued ID cards. H.R. 10, sponsored by Rep. Dennis Hastert (R-Ill.), passed by a vote of 282-134.

2004: Voted against Motion to Recommit (Maloney) on H.R. 10 to prohibit issuance of drivers licenses to illegal aliens
Rep. Capito voted against the Maloney Motion to Recommit with Instructions to strip from H.R. 10 a provision to set federal standards for the issuance of drivers licenses and birth certificates. H.R. 10 would have prohibited the issuance of drivers licenses to illegal aliens and required that drivers licenses of temporary visa holders expire when their visa expires. As well, H.R. 10 contained provisions to prohibit the use of consular-issued ID cards. The Maloney Motion to Recommit, sponsored by Rep. Carolyn Maloney (D-N.Y.), failed by a vote of 193-223.

2004: Voted to prohibit drivers licenses for illegal aliens by voting against a Motion to Instruct Conferees
Rep. Capito voted against a Motion to Instruct Conferees to strip a provision from H.R. 10 to set federal standards for the issuance of drivers licenses and birth certificates. H.R. 10 prohibited the issuance of drivers licenses to illegal aliens and required that drivers licenses of temporary visa holders expire when their visa expires. As well, H.R. 10 contained provisions to prohibit the use of consular-issued ID cards. The Motion to Instruct failed by a vote of 169-229.

2004: Voted against amendment (Menendez) to H.R. 10 to strip provisions prohibiting issuance of drivers licenses for illegal aliens
Rep. Capito voted against the Menendez Amendment to strip from H.R. 10 a provision to set federal standards for the issuance of drivers licenses and birth certificates. H.R. 10 prohibited the issuance of drivers licenses to illegal aliens and required that drivers licenses of temporary visa holders expire when their visa expires. As well, H.R. 10 contained provisions to prohibit the use of consular-issued ID cards. The Menendez Amendment, sponsored by Sen. Robert Menendez (D-N.J.), failed by a vote of 203-213.

2004: Voted in committee for secure ID amendment (Royce) to HR 10 to limit non-citizen identification methods
Rep. Capito voted as part of the Financial Services Committee, in favor of the Royce Amendment to H.R. 10. The Royce Amendment would have limited the forms of identification non-citizens could use at financial institutions. This would have prevented illegal aliens from using insecure documents such as consular-issued ID cards for banking services. The Royce Amendment, sponsored by Rep. Ed Royce (R-Calif.), failed by a vote of 22 to 47.

2004: Voted against amendment (Oxley) allowing use of foreign ID cards in U.S.
Rep. Capito voted against the Oxley Amendment to strip the Culberson Amendment from H.R. 5025. The Culberson Amendment would have prohibited the use of matricula consular ID cards. The Oxley Amendment, sponsored by Rep. Mike Oxley (R-Ohio), passed by a vote of 222-177.

2004: Voted for amendment (Hayworth) and against rewarding illegal aliens with Social Security benefits.
Rep. Capito voted in favor of the Hayworth Amendment to H.R. 5006 that would have effectively prevented the U.S.-Mexico totalization agreement from taking effect, and, as a result, prevented Social Security payments to illegal aliens from Mexico. The amendment, sponsored by Rep. J. D. Hayworth (R-Ariz.), failed by a vote of 178-225.

2003-2004: Voted for an amendment to fight the use of foreign IDs.
Rep. Capito voted in favor of the Hostettler Amendment to put some major restrictions on consular-issued ID cards that are frequently issued to illegal aliens by foreign governments. These cards make it easier for illegal aliens to gain government services and to otherwise profit from their illegal activity. The Hostettler Amendment, sponsored by Rep. John Hostettler (R-Ind.), passed by a vote of 226-198.

Sen. Capito voted in favor of the FY 2025 Budget Resolution (H. Con. Res. 14) to fund border security.

The Senate-amended FY 2025 Budget Resolution (by Jodey Arrington, R-TX) provides between $175 - 200 billion for immigration enforcement, including border wall construction and additional agents. (The resolution passed the Senate 51-48 and later passed the House 216-214).
 

Sen. Capito voted in favor of the FY 2025 Budget Resolution (S. Con. Res. 7) to fund border security.

The FY 2025 Budget Resolution (by Lindsey Graham, R-SC) is the first step towards passing the House proposal to provide $200 billion for immigration enforcement, including border wall construction and additional agents. (The resolution passed the Senate 52-48, setting up a conference with the House).

2023: Sponsored S. 208 to suspend the end of Title 42 for 60 days
Sen. Capito sponsored S. 208, the Public Health and Border Security Act, introduced by Sen. James Lankford (R-Okla.). The legislation would prevent the ending of the Title 42 border health policy put in place during the COVID-19 pandemic for 60 days.

2023: Voted in favor of S. Amdt. 110 to H.R. 3476 to strengthen border security
Sen. Capito voted in favor of S. Amdt. 110, offered by Sen. Roger Marshall (R-Kan.) to H.R. 3476. S. Amdt. 110 would have added the House-passed H.R. 2 to the Debt Limit compromise bill. The legislation would require DHS to restart border wall construction that has been authorized for and paid for by Congress and strengthen the Secure Fence Act of 2006 by requiring physical barriers along 900 miles of border. The legislation also provides retention bonuses for Border Patrol agents and defunds efforts to resettle illegal border crossers across the country.

2022: Sponsored S. 4036 to continue Title 42 due to the COVID-19 pandemic Sen. Capito sponsored S. 4036, the Public Health and Border Security Act of 2022, introduced by Sen. James Lankford (R-Okla.). The legislation would block the Biden Administration from ending the Title 42 policy that prevents illegal border crossers from claiming asylum due to the COVID-19 pandemic for 60 days.

2021: Voted in favor of Amdt. 872 to S. Con. Res. 5 to fund border security and interior enforcement Sen. Capito voted in favor of Amendment #872, introduced by Sen. Rick Scott (R-Fla.), to S. Con. Res. 5, the 2021 COVID-19 stimulus bill. The amendment would have provided funding for border security and interior enforcement. The amendment failed 50-50.

2021: Voted in favor of Amdt. 651 to S. Con. Res. 5 to end catch-and-release Sen. Capito voted in favor of Amendment #651, introduced by Sen. Marco Rubio (R-Fla.), to S. Con. Res. 5, the 2021 COVID-19 stimulus bill. The amendment would have ended the practice of catch-and-release at the border. The amendment failed 50-50.

2021: Voted in favor of Amdt. 542 to S. Con. Res. 5 to provide border fence funding Sen. Capito voted in favor of Amendment #542, introduced by Sen. Ron Johnson (R-Wisc.), to S. Con. Res. 5, the 2021 COVID-19 stimulus bill. The amendment would have provided funding for border fence construction. The amendment failed 50-50.

2022: Voted in favor of S.J. Res. 46 to disapprove of asylum rule Sen. Capito voted in favor of S.J.Res. 46 introduced by Sen. Ron Johnson (R-Wisc.). The legislation would formally disapprove of the Biden Administration rule to allow asylum officers to grant asylum to illegal border crossers at the border.

2021: Voted in favor of Amdt. 687 to S. Con. Res. 5 to reinstate the Remain in Mexico policy Sen. Capito voted in favor of Amendment #687, introduced by Sen. Lindsey Graham (R-S.C.), to S. Con. Res. 5, the 2021 COVID-19 stimulus bill. The amendment would have reinstated the Migrant Protection Protocols, commonly known as the Remain in Mexico policy. The amendment failed 50-50.

2018: Voted in favor of Sen. Grassleys amendment to the Senate DACA bill that increased border spending Sen. Capito voted for an amendment offered by Sen. Chuck Grassley (R-Iowa) to the Senate shell bill for granting amnesty to illegal aliens. The Grassley amendment would: 1) grant amnesty to an estimated 1.8 million DACA-eligible illegal aliens, 2) end Chain Migration and the Visa Lottery, 3) repurpose the Chain and Lottery green cards for clearing out the backlog of 4 million, and 4) authorize spending for increased border security The amendment failed 39-to-60 (needed 60 votes to pass).

2018: Voted against the Schumer-Collins-Rounds-King amendment that would weaken border security Sen. Capito voted against an amendment offered by Sens. Chuck Schumer (D-N.Y.), Susan Collins (R-Maine), Mike Rounds (R-S.D.), and Angus King (I-Maine) to the Senate shell bill for granting amnesty to illegal aliens. The Schumer-Collins-Rounds-King amendment would have appropriated some funding for border security, but limited the ability of Customs and Border Patrols role in enforcement. The amendment failed 54-to-45 (needed 60 votes to pass).

2015: Voted in favor of McCain amdt to S. Con. Res. 11 to support expedited removal of illegal aliens Sen. Capito voted in favor of the McCain amendment to the Senate Budget Resolution, S. Con. Res 11. Sen. McCains original amendment called for the expedited removal of unaccompanied minors from El Salvador, Guatemala, and Honduras. Those three countries were the source of the unprecedented border surge along the U.S.-Mexico border during the summer of 2014. But his original amendment also included a provision that would allow for the creation of in-country processing of refugees in those three countries. After NumbersUSA pointed out to Senators that the Central American migrants are not fleeing government persecution, and so do not qualify as refugees, but are instead seeking the benefits of the Presidents rewriting of our immigration law, Sen. McCain removed the in-country processing language, and NumbersUSA supported the amendment. Since the amendment was part of a Budget Resolution, it is non-binding and doesnt force a change in the current policy that allows unaccompanied minors from those three countries to be treated differently than those from Mexico or Canada. If the provision, however, remains in the budget resolution thats eventually approved by both chambers of Congress, it allows appropriators later to set spending levels for the 2016 fiscal year that call for the expedited removal of illegal aliens from El Salvador, Guatemala, and Honduras. The amendment passed 58-to-42 (including the support of three Democrats and one Independent also Sens. Joe Donnelly of Indiana, Angus King of Maine, Joe Manchin of West Virginia, and Claire McCaskill of Missouri.

2012: Voted against an amendment to hamstring border enforcement in 2012 (Grijalva) Rep. Capito voted against the Grijalva amendment to H.R. 2578, legislation to amend the Wild and Scenic Rivers Act. This amendment would have stripped provisions that allow the Border Patrol to bypass regulations put in place by the Department of Interior and Department of Agriculture on federal lands within 100 miles of the border. The amendments sponsor is Rep. Raul Grijalva (D-Ariz.) and it failed 177-247 (19 June 2012).

2012: Supported an amendment to place cell towers on the border (Poe) Rep. Capito supported the Poe Amendment to the FY2013 DHS Appropriations Bill. This amendment would allocate funding for the building of cell phone towers along stretches of the U.S. - Mexico border so that Border Patrol agents and others in trouble can call law enforcement for assistance. The amendment passed by a vote of 302-113 (6 June 2012).

2011: Supported an amendment to build cell phone towers along the U.S. - Mexico border (Poe) Rep. Capito supported the Poe Amendment to the FY 2012 DHS Appropriations Bill. This amendment would allocate funding for the building of cell phone towers along stretches of the U.S. - Mexico border so that Border Patrol agents and others in trouble can call law enforcement for assistance. The amendment passed by a vote of 327-93 (1 June 2011).

2011: Cosponsoring the SAVE Act to increase the number of border patrol agents and provide them with more advanced equipment (Shuler).
Rep. Capito is cosponsoring H.R. 2000, the Secure America Through Verification and Enforcement Act of 2011. The SAVE Act would increase border security by increasing the number of border patrol agents, providing more funding for the Tunnel Task Force, providing for new and updated border security, surveillance, communication, and apprehension technology, improving border security infrastructure, and empowering governors in border states to declare a border emergency and request temporary redeployment of up to 1,000 additional Border Patrol Agents. Rep. Heath Shuler (D-N.C.) is the main sponsor of this bill.

2010: Working to create jobs for unemployed Americans by increasing border security and stopping the flow of illegal aliens. Rep. Capito is a member of the Reclaim American Jobs Caucus, which aims to highlight the correlation between the employment of illegal aliens and the unemployment of American workers.

2009-2010: Cosponsored the SAVE Act to increase border control funding and to increase the number of agents (Shuler).
Rep. Capito is cosponsored H.R. 3308, which increases the number of border patrol agents, provides more funding for the Tunnel Task Force, provides for new and updated border security, surveillance, communication, and apprehension technology, improves border security infrastructure, and empowers governors in border states to declare a border emergency and request temporary redeployment of up to 1000 additional Border Patrol Agents. Rep. Heath Shuler (R-N.C.) was the main sponsor of this bill.

2009-2010: Supported an amendment to deter illegal immigration and drug smuggling by removing lookout posts for smugglers.
Rep. Capito supported the King amendment (250) to H.R. 2892, the 2010 DHS appropriations bill. This amendment requires Immigration and Customs Enforcement to remove the lookout posts constructed by drug smugglers, thereby making it more difficult for drug smugglers and reducing illegal immigration associated with illegal drug activity. This amendment passed 240-187-1.

2008: Has not Signed Discharge Petition to move H.R. 4088, a bill to increase border security Rep. Capito has not signed the Discharge Petition on H.R. 4088, the SAVE Act, to increase border security. If the petition collects 218 signatures, a simple majority, the bill can bypass the committee process and be placed on the House floor for a vote.

2007-2008: Cosponsoring the SAVE Act to strengthen border control by increasing the number of Border Patrol agents (Shuler).
Rep. Capito is cosponsoring H.R. 4088, the Secure America Through Verification and Enforcement Act of 2007. The SAVE Act would increase border security by: increasing the number of border patrol agents; providing more funding for the Tunnel Task Force; providing for new and updated border security, surveillance, communication, and apprehension technology; improving border security infrastructure; and empowering governors in border states to declare a border emergency and request temporary redeployment of up to 1,000 additional Border Patrol Agents. Rep. Heath Shuler (D-N.C.) is the main sponsor of this bill.

2007-2008: Cosponsored resolution calling on President to enforce border control laws (Smith).
Rep. Capito is a cosponsor of H. Res. 499, which calls on the Bush Administration to implement mandated border controls, such as the implementation of entry and exit portions of US-VISIT, and completion of the fencing called for in the Secure Fence Act along the U.S.-Mexico border. Rep. Lamar Smith (R-Texas) is the main sponsor of this resolution.

2007-2008: Voted in favor of an amendment to increasing funding for the construction of a border fence.
Rep. Capito voted in favor of the Brown-Waite amendment to HR 2638. This amendment re-directs $89 million set to be appropriated to the Undersecretary for Managements account to the Border Security Fencing, Infrastructure, and Technology Account, with a view towards constructing at least 700 miles of fencing along the southern border. The amendment was adopted 241-179.

2006: Voted for a bill to prevent border tunnels.
Rep. Capito voted in favor of H.R. 4830, the Border Tunnel Protection Act of 2006 to penalize any person who constructs or uses a border tunnel. H.R. 4830 passed by a vote of 422 to 0.

2006: Voted in favor of H.R. 6061 to create border fence Rep. Capito voted in favor of H.R. 6061 to create a 700 mile reinforced fence along the U.S.-Mexico border, and to provide for other barriers for border control. H.R. 6061 passed by a vote of 283-138-1 (1 denotes a vote of present.) on September 14, 2006.

2005-2006: Voted for an amendment that requires complete execution of the previously instituted entry-exit system.
Rep. Capito voted for the Sullivan Amendment to H.R. 4437 to require full implementation of the automated entry-exit system that was instituted by Congress in 1996. As well, the Sullivan Amendment would have provided for expedited removal of most illegal aliens. The Sullivan Amendment failed by a vote of 163 to 251.

2005-2006: Voted for a bill to build 700 miles of a border fence.
Rep. Capito voted in favor of final passage of H.R. 4437 which included provisions to create 700 miles of border fencing along the Mexican border and to require implementation of the entry-exit system. H.R. 4437 was passed by the House by a vote of 239 to 182.

2005-2006: Voted for an amendment to reinforce physical structures, including fences, to keep illegal aliens out.
Rep. Capito voted in favor of the Hunter Amendment to H.R. 4437. The Hunter Amendment would shore up security by building fences and other physical infrastructure to keep out illegal aliens. The Hunter Amendment passed by a vote of 260-159.

2005-2006: Voted in favor of amendment (Goode) to H.R. 1815 to authorize troops on the border
Rep. Capito voted to authorize the Secretary of Defense to assign members of the military, under certain conditions, to assist in the performance of border control functions. H. Amdt. 206, sponsored by Rep. Virgil Goode (R-Va.), passed the House by a vote of 245-184.

2005: Voted in favor of H.R. 418 to reduce asylum fraud Rep. Capito voted in favor of H.R. 418 to significantly the reduced the risk that terrorists will be able to game our asylum system or avoid removal because of loopholes in our immigration laws. H.R. 418 passed by a vote of 261-161 on February 10, 2005 (2:41 PM).

2005: Cosponsored H.R. 418 to increase border control H.R. 418 would strengthen border control by requiring completion of the last 3.5 miles of the San Diego border fence. As well, H.R. 418 would broaden the terrorism-related grounds for inadmissibility and deportability of aliens.

2004: Voted in favor of bill to increase the number of Border Patrol agents (Hastert)
Rep. Capito voted in favor of final passage of H.R. 10 that included provisions to increase the number of Border Patrol agents by 2,000 a year for 5 years and to increase the number of ICE inspectors by 1,600 a year for 5 years. As well H.R. 10 contained provisions aimed at better screening of airline passengers before they enter the U.S. H.R. 10, sponsored by Rep. Dennis Hastert (R-Ill.), passed by a vote of 282-134.

2004: Voted in favor of amendment (Souder) to H.R. 10 to help security screeners reduce illegal immigration
Rep. Capito voted in favor of the Souder Amendment to H.R. 10 to give all security screening personnel access to law enforcement and intelligence information maintained by DHS. The Souder Amendment sought to help security screeners identify and stop illegal aliens. The Souder Amendment, sponsored by Rep. Mark Souder (R-Ind.), passed by a vote of 410-0.

2004: Voted for amendment (Ose) to H.R. 10 to increase border control with border fence
Rep. Capito voted in favor of the Ose Amendment to ensure completion of the last 14 miles of the San Diego border fence. This would serve as a physical barrier to additional illegal immigration. The Ose Amendment, sponsored by Rep. Doug Ose (R-Calif.), passed by a vote of 252-160.

2004: Voted against Motion to Recommit (Maloney) on H.R. 10 to strip provisions to increase border security
Rep. Capito voted against the Maloney Motion to Recommit with Instructions to strip from H.R. 10 provisions to increase the number of Border Patrol agents by 2,000 a year for 5 years and to increase the number of ICE inspectors by 1,600 a year for 5 years. As well H.R. 10 contained provisions aimed at better screening of airline passengers before they enter the U.S. The Maloney Motion to Recommit, sponsored by Rep. Carolyn Maloney (D-N.Y.), failed by a vote of 193-223.

2004: Voted against amendment (Menendez) to H.R. 10 to strip provisions reducing illegal immigration with border security
Rep. Capito voted against the Menendez Amendment to strip from H.R. 10 provisions to increase the number of Border Patrol agents by 2,000 a year for 5 years and to increase the number of ICE inspectors by 1,600 a year for 5 years. As well H.R. 10 contained provisions aimed at better screening of airline passengers before they enter the U.S. The Menendez Amendment, sponsored by Sen. Robert Menendez (D-N.J.), failed by a vote of 203-213.

2004: Voted against an amendment to authorize troops on the border.
Rep. Capito voted to authorize the Secretary of Defense to assign members of the military, under certain conditions, to assist in the performance of border control functions. The Goode Amendment, sponsored by Rep. Virgil Goode (R-Va.), to H.R. 4200 passed the House by a vote of 231-191.

2003-2004: Voted for an amendment (Goode) to authorize the use of the military to assist in border control.
Rep. Capito voted in favor of the Goode Amendment to H.R. 1588 (Duncan) to authorize members of the military, under certain circumstances, to assist in border control efforts. The Goode Amendment, sponsored by Rep. Virgil Goode (R-Va.), passed the House by a vote of 250-179.

2002: Voted for an amendment to authorize the use of the military in border control efforts.
Rep. Capito voted in favor of H. Amdt. 479 to H.R. 4546 to authorize the Secretary of Defense to assign members of the military to assist in border control efforts. The amendment passed 232-183.

2001-2002: Voted for the Traficant Amendment to authorize the use of troops on the border.
Rep. Capito voted to authorize the Attorney General and the Secretary of the Treasury to request that members of the Armed Forces assist the INS with border control efforts. The Traficant Amendment to H.R. 2586, sponsored by Rep. James Traficant (D-Ohio), passed by a vote of 242-173.

Sen. Capito voted in favor of the FY 2025 Budget Resolution (H. Con. Res. 14) to fund interior enforcement.

The Senate-amended FY 2025 Budget Resolution (by Jodey Arrington, R-TX) provides between $175 - 200 billion for immigration enforcement, including the government's ability to detain and remove people who are not admissible to the United States. (The resolution passed the Senate 51-48 and later passed the House 216-214).

Sen. Capito co-sponsored the Accountability Through Verification Act (S. 1151) to mandate use of the E-Verify system

The Accountability Through Verification Act (by Chuck Grassley, R-IA) would require all employers to use E-Verify to check the work authorization for all new hires - and all existing employees who have not yet been checked - within one year, and increase penalties for employers who knowingly hire illegal workers.  The legislation also includes provisions to detect identity theft and unauthorized aliens using false or stolen Social Security numbers.
 

Sen. Capito voted in favor of the FY 2025 Budget Resolution (S. Con. Res. 7) to fund interior enforcement.

The FY 2025 Budget Resolution (by Lindsey Graham, R-SC) is the first step towards passing the House proposal to provide $200 billion for immigration enforcement, including the government's ability to detain and remove people who are not admissible to the United States. (The resolution passed the Senate 52-48, setting up a conference with the House).

Sen. Capito co-sponsored Sarah's Law (S. 84) to require the detention of aliens charged with a crime resulting in the death or serious bodily injury of another person.

Sarah's Law (by Joni Ernst, R-IA) requires the detention of aliens who have been charged with a crime that resulted in the death or serious bodily injury of another person.  The legislation also calls for DHS to notify the victim/victim's family of relevant immigration and criminal history of the accused.
 

2025: (Jan. 20) Sen. Capito voted in favor of the Ernst amendment (S.Amdt. 8) to the Laken Riley Act (S. 5) to expand the list of offenses that would require mandatory detention.
The amendment (by Joni Ernst, R-IA) to The Laken Riley Act (by Katie Britt, R-AL) added "assault of a law enforcement officer" and "any crime that results in death or serious bodily injury to another person" to the list of offenses requiring mandatory detention. (The amendment passed 75-24 and was included in the final bill.)

2025: (Jan. 20) Sen. Capito voted in favor of the Laken Riley Act (S.5) to strengthen detention requirements and give states the ability to sue the federal government for not enforcing immigration laws.
The Laken Riley Act (by Katie Britt, R-AL) included a provision to require the detention of aliens who have been convicted or arrested for various forms of theft, assault, and bodily harm; also included provisions to give legal standing to states to sue the federal government for 1) violating "detention and removal requirements";  2) releasing aliens that go on to harm the state or its residents; and 3) violating the requirement to discontinue visas to countries who refuse to take their citizens back. The bill passed the Senate 64-35 and passed the House 263-156.

2025: (Jan. 17) Sen. Capito voted in favor of cloture to allow the Laken Riley Act (S. 5) to move to a final vote.
The Laken Riley Act (by Katie Britt, R-AL) included a provision to require the detention of aliens who have been convicted or arrested for various forms of theft (burglary, larceny & shoplifting); also included provisions to give legal standing to states to sue the federal government for 1) violating "detention and removal requirements";  2) releasing aliens that go on to harm the state or its residents; and 3) violating the requirement to discontinue visas to countries who refuse to take their citizens back. (The 61-35 vote allowed the Senate to proceed to the final floor vote.)

2025: (Jan. 15) Sen. Capito voted against the Coons amendment (S.Amdt.23) to the Laken Riley Act (S. 5) to remove states' ability to sue the federal government for failing to enforce immigration laws.
This amendment (by Chris Coons, D-DE) to the Laken Riley Act (by Katie Britt, R-AL) would have stripped out the provisions to give legal standing to states to sue the federal government for 1) violating "detention and removal requirements";  2) releasing aliens that go on to harm the state or its residents; and 3) violating the requirement to discontinue visas to countries who refuse to take their citizens back. (The amendment failed 46-49.)

2025 (Jan. 09): Sen. Capito voted in favor of the first cloture on the Laken Riley Act (S. 5) to proceed to debate and amendments.
The Laken Riley Act (by Katie Britt, R-AL) included a provision to require the detention of aliens who have been convicted or arrested for various forms of theft (burglary, larceny & shoplifting); also included provisions to give legal standing to states to sue the federal government for 1) violating "detention and removal requirements";  2) releasing aliens that go on to harm the state or its residents; and 3) violating the requirement to discontinue visas to countries who refuse to take their citizens back. (The cloture vote passed 84-9, allowing the Senate to proceed with amending the legislation.)

Sen. Capito co-sponsored the Laken Riley Act (S.5) to strengthen detention requirements and give states the ability to sue the federal government for not enforcing immigration laws.
The Laken Riley Act (by Katie Britt, R-AL) included a provision to require the detention of aliens who have been convicted or arrested for various forms of theft (burglary, larceny & shoplifting); also included provisions to give legal standing to states to sue the federal government for 1) violating "detention and removal requirements";  2) releasing aliens that go on to harm the state or its residents; and 3) violating the requirement to discontinue visas to countries who refuse to take their citizens back. (The bill passed the Senate 64-35 and passed the House 263-156.)

2024: Cosponsored S. 5183 to add certain sex crimes to list of deportable offenses 

Sen. Capito cosponsored S. 5183, the Be GONE Act, introduced by Sen. Joni Ernst (R-Iowa). The legislation would add sexual assault and aggravated sexual violence to the aggravated felony list.

2023: Sponsored S. 1068 to discourage sanctuary cities
Sen. Capito sponsored S. 1068, the Stop Dangerous Sanctuary Cities Act, introduced by Sen. Ted Cruz (R-Texas). The legislation would give immunity to state and local law enforcement who assist with immigration enforcement, expand the definition of sanctuary jurisdictions to include those that don't comply with detainer requests, and block certain federal benefits for sanctuary jurisdictions.

2023: Voted in favor of S. Amdt. 110 to H.R. 3476 to mandate E-Verify and criminalize visa overstays
Sen. Capito voted in favor of S. Amdt. 110, offered by Sen. Roger Marshall (R-Kan.) to H.R. 3476. S. Amdt. 110 would have added the House-passed H.R. 2 to the Debt Limit compromise bill. The legislation would require most employers to use E-Verify within two years to ensure that new hires are authorized to work in the United States. The legislation provides additional time for agricultural employers to comply. The bill would also make overstaying a visa a felony crime and allow Unaccompanied Alien Children from noncontiguous countries to be returned to their home countries.

2023: Sponsored S. 160 to require detention of illegal aliens charged with serious crimes
Sen. Capito sponsored S. 160, Sarah's Law, introduced by Sen. Joni Ernst (R-Iowa). The legislation would require the detention of aliens who are charged with a crime that resulted in the death of serious bodily injury of another person.

2023: Sponsored S. 156 to mandate E-Verify
Sen. Capito cosponsored S. 156, the Accountability Through Verification Act, introduced by Sen. Chuck Grassley (R-Iowa). The legislation would require all employers to use E-Verify to check the work authorization for all new hires. Further, the legislation would require employers to run all existing employees who have not yet been checked within one year and increase penalties for employers who knowingly hire illegal workers.

2021: Sponsored S. 71, the Accountability Through Electronic Verification Act, to require employers to use E-Verify Sen. Capito sponsored S. 71, introduced by Sen. Chuck Grassley (R-Iowa). The legislation would require all businesses to use E-Verify within one year for both new hires and existing employees. Further, the legislation would require information sharing between the relevant agencies to eliminate fraud.

2021: Sponsored S. 59, the Justice for Victims of Sanctuary Cities Act, to assist victims of illegal alien crime Sen. Capito sponsored S. 59, introduced by Sen. Thom Tillis (R-N.C.). The legislation would establish a civil action for harm caused by an alien who benefited from a sanctuary policy. It would also provide immunity for state/local law enforcement when complying with ICE detainers.

2020: Voted in favor of H.R 133, the Consolidated Appropriations Act on Senate floor Sen. Capito voted in favor of H.R. 133, the Consolidated Appropriations Act, that would weaken interior enforcement and increase foreign worker visas. The bill reduced funding for Immigration and Customs Enforcement by $431 million. Further, the bill authorized the Departments of Homeland Security and Labor to increase the number of H-2B visas issued during the 2021 fiscal year.

2019: Cosponsored S. 1644 to end sanctuary cities Sen. Capito cosponsored S. 1644, the Stop Dangerous Sanctuary Cities Act, introduced by Sen. Pat Toomey (R-Pa.), that would end sanctuary cities. The bill would block certain federal grants to local municipalities that fail to comply with immigration detainer requests and provide immunity to local law enforcement officers who cooperate with ICE officers.

2020: Cosponsored S. 3286, the Stop Greenlighting Driver Licenses for Illegal Immigrants Act, to reduce rewards for illegal immigration Sen. Capito cosponsored S. 3286, the Stop Greenlighting Driver Licenses for Illegal Immigrants Act, introduced by Sen. Marsha Blackburn (R-Tenn.). The legislation would block Byrne grants for states that issue drivers licenses to illegal aliens and/or block DHS from accessing DMV records.

2019: Cosponsored S. 2059, the Justice for Victims of Sanctuary Cities Act of 2019, to discourage sanctuary policies Sen. Capito cosponsored S. 2059, the Justice for Victims of Sanctuary Cities Act of 2019, introduced by Sen. Thom Tillis (R-NC). The bill would establish a civil action for victims of felony crimes committed by aliens who benefited from sanctuary policies. The bill would also provide immunity for local law enforcement for complying with ICE detainer requests.

2019: Voted in favor of H.R. 1158, the Consolidated Appropriations Act, to weaken interior enforcement Sen. Capito voted in favor of H.R. 1158, the Consolidated Appropriations Act, that provides funding for the federal government for FY2020. H.R. 1158 effectively prohibits ICE from cooperating with Health and Human Services to detain or remove illegal alien sponsors of unaccompanied alien children (UACs).

2019: Cosponsored S. 556 to require all businesses to use E-Verify Sen. Capito cosponsored S. 556, the Accountability Through Electronic Verification Act, introduced by Sen. Chuck Grassley (R-Iowa). S. 556 would require all businesses to begin using E-Verify on all new hires within one year and require employers to run all existing employees through the system within three years. The legislation also increases penalties for employers who employ illegal aliens, includes provisions to detect identity fraud, and requires the Social Security Administration to detect multiple uses of the same SS number.

2019: Voted in favor of the omnibus spending bill, H.J. Res. 31, to weaken interior enforcement Sen. Capito voted in favor of H.J.Res. 31, the omnibus spending bill. The bill reduces the funding for detention beds used by ICE to detain criminal aliens and recent illegal border crossers. It also provides protection from enforcement and removal for the illegal-alien sponsors and their families of unaccompanied alien children who cross the border illegally. Further, it prevents the hiring of any new ICE agents for Enforcement and Removal Operations.

2018: Voted against the Schumer-Collins-Rounds-King amendment that would weaken interior enforcement Sen. Capito voted against an amendment offered by Sens. Chuck Schumer (D-N.Y.), Susan Collins (R-Maine), Mike Rounds (R-S.D.), and Angus King (I-Maine) to the Senate shell bill for granting amnesty to illegal aliens. The Schumer-Collins-Rounds-King amendment would have reprioritized interior enforcement, protecting nearly every illegal alien, including illegal aliens not even in the country yet, for deportation. The amendment failed 54-to-45 (needed 60 votes to pass).

2018: Voted for Sen. Toomeys amendment that would punish sanctuary cities Sen. Capito voted in favor of an amendment offered by Sen. Pat Toomey (R-Pa.) to the Senate shell bill for granting amnesty to illegal aliens. The Toomey amendment would: 1) block certain Federal grants to sanctuary jurisdictions and reallocate those funds to jurisdictions that uphold Federal law, 2) protect local police from lawsuits for honoring ICE detainer requests, and 3) explicitly allow localities to protect from referral to ICE victims of or witnesses to a crime. The amendment failed 54-to-45 (needed 60 votes to pass).

2017: Cosponsored legislation to end sanctuary cities (Toomey) Sen. Capito cosponsored S. 87, the Stop Dangerous Sanctuary Cities Act. The bill would help end sanctuary policies that aim to protect criminal aliens by defining sanctuary jurisdictions as any state or local jurisdiction that fails to communicate with federal immigration agents and refuses to comply with detainer requests. The bill would also block certain federal funds from sanctuary cities and shield local police from liability when acting on behalf of a federal immigration request.

2017: Cosponsored mandatory E-Verify legislation (Grassley) Sen. Capito cosponsored S. 179, the Accountability Through Electronic Verification Act. This legislation would make E-Verify permanent; mandate E-Verify for all federal government agencies, federal contractors, and critical employers as defined by the Department of Homeland Security (DHS); require employers, contractors, and subcontractors to verify all new employees within one year; increase civil penalties to between $2,500 and $5,000 for each unauthorized alien, $5,000 to $10,000 per alien for second offenses, and $10,000 to $25,000 per alien for subsequent offenses; debar repeat violators from federal contracts, grants, or cooperative agreements; prohibit states from weakening the E-Verify law; protect employers from liability for actions taken in good faith; allow employers to voluntarily run prospective employees through E-Verify prior to employment with the consent of the prospective employee; require all employers to verify all current employees after 3 years; require reverification for employees with limited work permits; require employers to turn information over to DHS for any employee terminated due to receiving a final non-confirmation; stipulate information sharing between SSA (Social Security Administration), DHS, and the IRS (Internal Revenue Service); and impose a 20 year prison term for identity theft. Sen. Charles Grassley (R-Iowa) is the bills main sponsor.

2016: Voted to begin debate on legislation to end sanctuary cities (Toomey) Sen. Capito has voted to invoke cloture on S. 3100, the Stop Dangerous Sanctuary Cities Act. The bill would help end sanctuary policies that aim to protect criminal aliens by defining sanctuary jurisdictions as any state or local jurisdiction that fails to communicate with federal immigration agents and refuses to comply with detainer requests. The bill would also block certain federal funds from sanctuary cities and shield local police from liability when acting on behalf of a federal immigration request.

2015: Voted to end Sanctuary Cities in 2015 (Vitter) Sen. Capito voted in favor of cloture to open debate on S. 2146, the Stop Sanctuary Policies and Protect Americans Act. This legislation would withhold certain federal funding from jurisdictions that enact sanctuary policies, require the Department of Homeland Security to create a public list of jurisdictions that have sanctuary policies in effect, protect local law enforcement from liability in holding criminal aliens for ICE pick-up, and increase penalties for illegal re-entry into the United States. The bill is sponsored by Sen. David Vitter (R-La.).

2015: Cosponsored mandatory E-Verify legislation (Grassley) Sen. Grassley cosponsored S. 202, the Accountability Through Electronic Verification Act. This legislation would make E-Verify permanent; mandate E-Verify for all federal government agencies, federal contractors, and critical employers as defined by the Department of Homeland Security (DHS); require employers, contractors, and subcontractors to verify all new employees within one year; increase civil penalties to between $2,500 and $5,000 for each unauthorized alien, $5,000 to $10,000 per alien for second offenses, and $10,000 to $25,000 per alien for subsequent offenses; debar repeat violators from federal contracts, grants, or cooperative agreements; prohibit states from weakening the E-Verify law; protect employers from liability for actions taken in good faith; allow employers to voluntarily run prospective employees through E-Verify prior to employment with the consent of the prospective employee; require all employers to verify all current employees after 3 years; require reverification for employees with limited work permits; require employers to turn information over to DHS for any employee terminated due to receiving a final non-confirmation; stipulate information sharing between SSA (Social Security Administration), DHS, and the IRS (Internal Revenue Service); and impose a 20 year prison term for identity theft. Sen. Charles Grassley (R-Iowa) is the bills main sponsor.

2012: Voted in favor of an amendment to protect the 287(g) program (Sullivan) Rep. Capito voted in favor of the Sullivan amendment to the FY2013 DHS Appropriations Bill. The amendment would prohibit the Department of Homeland Security from terminating 287(g) agreements. The amendment, offered by Rep. John Sullivan (R-Ok.), passed by a 250-164 vote (7 June 2012).

2011: Cosponsored legislation to mandate E-Verify (Smith) Rep. Capito cosponsored H.R. 2885, the Legal Workforce Act of 2011. This legislation would replace the current I-9 system by making E-Verify (currently the basic pilot federal employment verification program) permanent and mandatory for all employees via a gradual phase-in process. Specifically, an employer with 10,000 or more employees has 6 months to become compliant after the bills enactment, while employers with 500 to 10,000 employees have 12 months, employers with 20 to 500 employees have 18 months, employers with 1 to 20 employees have 24 months, and agriculture service employers have 36 months. It also provides a good faith defense against liability for an employer or recruiter who uses E-Verify and an error occurs.
This legislation stipulates penalties between $250 and $25,000 for non-compliance depending on the size of the company and number of offenses; pattern offenders can then be charged up to $15,000 for each unauthorized alien. In addition, it requires reverification of employees with limited work authorization and allows the Secretary of Homeland Security to debar a repeat offender from federal contracts, grants, and cooperative agreements. Furthermore, it stipulates fines and a criminal penalty, between 1 and 15 years in prison, for an individual who knowingly provides an authorization number belonging to another individual.
Under this legislation, the SSA (Social Security Administration) is required to send out no-match letters to employers if the name and Social Security number of a current employee do not match. The employer is then required to run these employees through E-Verify. The SSA is also required to send a yearly notification to each owner of a Social Security number that has multiple employees reporting use. Moreover, this bill would then establish a voluntary Biometric Employment Eligibility Verification Program (Biometric Pilot) to record and store biometric information making it easier to defend against identity theft.
Finally, while state and local laws relating to employment verification are preempted by this legislation, states and localities may continue to exercise authority over business licensing laws that penalize employers for not being compliant with an employment verification system. Rep. Lamar Smith (R-Texas) is the bills main sponsor.

2011: Supported an amendment to keep violent illegal aliens in custody (Cravaack) Rep. Capito supported the Cravaack Amendment to the FY 2012 DHS Appropriations Bill. Rep. Cravaacks amendment would prevent the government from releasing convicted violent or dangerous illegal aliens while they are awaiting deportation. The amendment passed 289-131 (2 June 2011).

2011: Opposed an amendment to defund the 287(g) program (Polis) Rep. Capito opposed the Polis Amendment to H.R. 2017, the FY2012 DHS Appropriations Bill. Rep. Polis amendment would have removed all funding for the 287(g) program from the bill, thereby preventing DHS from administering the program (effectively killing the 287(g) program). The amendment failed by a vote of 313-107 (2 June 2011).

2011: Voted in favor of an amendment to increase 287(g) funding (Royce) Rep. Capito voted in favor of the Royce Amendment to H.R. 2017, the FY2012 DHS Appropriations Bill. This amendment would increase funding for the 287(g) program by $1 million (about 18.5%). The amendment passed by a vote of 268-151 (1 June 2011).

2011: Cosponsoring the SAVE Act to mandate the use of the E-Verify employment verification system (Shuler).
Rep. Capito is cosponsoring H.R. 2000, the Secure America Through Verification and Enforcement Act of 2011. The SAVE Act would help reduce illegal immigration by requiring every employer in the United States to eventually use the E-Verify electronic employment eligibility verification system to verify that every employee has the legal right to work in the United States. As well, H.R. 4088 contains other interior enforcement measures such as increasing the number of ICE agents and training at least 250 State and local law enforcement officers on how to perform federal immigration enforcement procedures. Rep. Heath Shuler (D-N.C.) is the main sponsor of this bill.

2010: Working to create jobs for unemployed Americans by increasing interior enforcement and mandating the use of E-Verify. Rep. Capito is a member of the Reclaim American Jobs Caucus, which aims to highlight the correlation between the employment of illegal aliens and the unemployment of American workers.

2009-2010: Cosponsored the SAVE Act, which requires all employers to use the E-Verify employment verification system (Shuler).
Rep. Capito cosponsored H.R. 3308, which helps reduce illegal immigration by requiring every employer in the United States to use the E-Verify system to verify that every employee has the legal right to work in the United States. It also contains other interior enforcement measures, such as increasing the number of ICE agents and training at least 250 State and local law enforcement officers on federal immigration enforcement procedures. Rep. Heath Shuler (R-N.C.) was the main sponsor of this bill.

2009-2010: Voted for an amendment to require DHS contractors to use E-Verify.
Rep. Capito supported the King amendment (253) to H.R. 2892, the DHS appropriations bill. The amendment requires all DHS contractors and subcontractors to use the E-Verify system to verify the employment eligibility of their employees. The King Amendment would have essentially implemented an Executive Order signed by President George W. Bush requiring all federal contractors to use E-Verify that has continually been postponed by President Obama. Use of E-Verify is one of the most effective tools at keeping illegal aliens out of U.S. jobs. The amendment passed 349-84, and the bill was signed into law October 28th, 2009.

2009-2010: Cosponsoring the CLEAR Act, which will reimburse law enforcement agencies as they implement our current immigration laws (Blackburn).
Rep. Capito is a cosponsor of the Clear Law Enforcement for Criminal Alien Removal Act of 2009. This bill will make sure local law enforcement agencies are reimbursed for the costs associated with incarcerating illegal aliens. The CLEAR Act also recognizes local law enforcements authority to help enforce immigration law, improves information sharing between local law enforcement agencies and the federal government, and requires the federal government to expeditiously remove criminal illegal aliens. Rep. Marsha Blackburn (R-Tenn.) is the bills main sponsor.

2008: Voted for a bill that continues employment verification.
Rep. Capito voted in favor of H.R. 6633, a bill to reauthorize the E-Verify program for a period of 5 years. The E-Verify program allows businesses to determine the legal status of new hires and prevents illegal aliens from being hired, thus making the program an important tool in the Attrition through Enforcement anti-illegal immigration strategy. The bill passed by a vote of 407-2.

2008: Voted in favor of punishing sanctuary cities.
Rep. Capito voted in favor of a motion to H.R. 5719, the Taxpayer Assistance and Simplification Act. This motion would have recommitted H.R. 5719 with instructions to add language to deny tax exempt interest with respect to bonds of sanctuary states and cities, thereby putting pressure on cities that do not enforce immigration laws and cities who do not cooperate with federal authorities on immigration matters. This motion failed by a vote of 210-210.

2008: Has Not Signed Discharge Petition to move H.R. 4088, a bill to increase interior enforcement Rep. Capito has not signed the Discharge Petition on H.R. 4088, the SAVE Act, to require use of the electronic employment eligibility verification system, E-Verify. If the petition collects 218 signatures, a simple majority, the bill can bypass the committee process and be placed on the House floor for a vote.

2007-2008: Cosponsoring the SAVE Act to strengthen border control by increasing the number of Border Patrol agents (Shuler).
Rep. Capito is cosponsoring H.R. 4088, the Secure America Through Verification and Enforcement Act of 2007. The SAVE Act would increase border security by: increasing the number of border patrol agents; providing more funding for the Tunnel Task Force; providing for new and updated border security, surveillance, communication, and apprehension technology; improving border security infrastructure; and empowering governors in border states to declare a border emergency and request temporary redeployment of up to 1,000 additional Border Patrol Agents. Rep. Heath Shuler (D-N.C.) is the main sponsor of this bill.

2007-2008: Cosponsored the CLEAR Act, which reduces illegal immigration with interior enforcement (Blackburn).
Rep. Capito is a cosponsor of the Charlie Norwood CLEAR Act of 2007 to clarify state and local law enforcements ability to enforce immigration laws. If enacted, H.R. 3494 would reduce the flow of new illegal aliens into the United States and also begin to slowly and steadily reducing the current illegal population. Rep. Marsha Blackburn (R-Tenn.) is the main sponsor of the bill.

2007-2008: Cosponsored resolution calling on President to enforce interior enforcement laws (Smith).
Rep. Capito is a cosponsor of H. Res. 499, a resolution calling on the Bush Administration to implement mandated immigration controls such as the implementation of the entry and exit portions of US-VISIT, the enforcement of existing provisions requiring the sanctioning of employers who do not comply with unlawful employment laws, and increasing the use of expedited removal procedures for all illegal aliens eligible for such removal under Federal law. Rep. Lamar Smith (R-Texas) is the main sponsor of this resolution.

2007-2008: Voted on House floor for amendment to fully fund the training of immigration enforcement officers.
Rep. Capito voted in favor of the Drake Amendment to H.R. 2638, the appropriations bill for the Department of Homeland Security. The Drake Amendment would fully fund the presidents budget request ($26.4 million) for the training and support for the voluntary participation of local law enforcement officers in immigration law enforcement. This amendment passed 286-127.

2007: Voted for 2nd Tancredo Amendment to H.R. 2638, thereby voting to hold cities with sanctuary policies accountable. Rep. Capito voted in favor of the amendment to H.R. 2638. The amendment prohibits funds pursuant to this bill from being distributed to states and localities that have sanctuary policies in place that prohibit or inhibit communications between Federal and state/local authorities. The amendment passed 234-189 on June 15

2007-2008: Voted against an amendment to reduce funding for the visa waiver program.
Rep. Capito voted against the first Tancredo amendment to H.R. 2638, which would prohibit funding from H.R. 2638 from being used to fund the visa waiver program. This amendment failed 76-347.

2007-2008: Cosponsored a bill to strengthen interior enforcement with mandatory workplace verification (Dreier).
Rep. Capito is a cosponsor of H.R. 98 to mandate an electronic employment eligibility verification system that would ensure that only those with a legal right to work in the U.S. are hired. As well, it creates tamper-proof Social Security cards. Rep. David Dreier (R-Calif.) was the main sponsor of this bill.

2006: Voted for a bill that increases interior enforcement by allowing the federal government to remove aliens from El Salvador.
Rep. Capito voted for H.R. 6095 to clarify state and local law enforcements inherent authority to enforce Federal immigration laws and overturn a decades-old court injunction that impedes the Federal governments ability to remove aliens from El Salvador on an expedited basis. H.R. 6095 passed by a vote of 277-140.

2006: Voted for an amendment that disallows sanctuary cities for illegal aliens.
Rep. Capito voted in favor of the King Amendment to H.R. 5441, the Department of Homeland Security appropriations bill of 2007. The King amendment would deny federal homeland security funding to state and local governments who refuse to share information with Federal immigration authorities.

2006: Voted for an amendment that increased interior enforcement by funding workplace verification.
Rep. Capito voted in favor of the Marshall Amendment to H.R. 5441, the Department of Homeland Security appropriations bill of 2007. The Marshall Amendment would fund USCISs electronic employment eligibility verification program. It passed by a vote of 358-63.

2005-2006: Voted for an amendment that requires complete execution of the previously instituted entry-exit system.
Rep. Capito voted for the Sullivan Amendment to H.R. 4437 to require full implementation of the automated entry-exit system that was instituted by Congress in 1996. The Sullivan Amendment failed by a vote of 163 to 251.

2005-2006: Voted for a bill to require employers to verify their employees legal right to work in the U.S.
Rep. Capito voted in favor of final passage of H.R. 4437 which would increase interior enforcement by requiring employers to use the Basic Pilot program to verify that new hires have the legal right to work in the United States. As well, it would bring state and local law enforcement agencies more into the enforcement fold and provide funding through both grants and reimbursement for their assistance in federal enforcement efforts. H.R. 4437 was passed by the House by a vote of 239 to 182.

2005-2006: Voted for an amendment to confirm local law enforcement has the authority to enforce current immigration law.
Rep. Capito voted in favor of the Norwood Amendment to H.R. 4437 to reaffirm state and local law enforcements existing inherent authority to assist in the enforcement of immigration law. It would bring state and local law enforcement agencies more into the enforcement fold and provide funding through both grants and reimbursement for their assistance in federal enforcement efforts. The Norwood Amendment passed by a vote of 237 to 180.

2005-2006: Cosponsored the CLEAR Act to clarify state authority in regards to immigration (Norwood)
Rep. Capito was a cosponsor of the CLEAR Act of 2005 to clarify state and local law enforcements ability to enforce immigration laws. If enacted, H.R. 3137 would reduce the flow of new illegal aliens into the United States and also begin to slowly and steadily reducing the current illegal population. Rep. Charles Norwood (R-Ga.) was this bills primary sponsor.

2005-2006: Voted against H. Amdt. 288 (Tancredo) and in favor of sanctuary policies for illegal aliens
Rep. Capito voted against H. Amdt. 288 to H.R. 2862, the CJS Appropriations bill. The amendment would deny certain federal funding to states and cities that violate federal law by enacting sanctuary policies to protect illegal aliens. The amendment, sponsored by Rep. Tom Tancredo (R-Colo.), failed by a vote of 204 to 222 on June 16, 2005 (2:54 PM).

2005-2006: Voted in favor of amendment (Norwood) to H.R. 1817 to clarify State authority concerning immigration law
Rep. Capito voted in favor of the Norwood Amendment to the Department of Homeland Security Appropriations bill to clarify the existing authority of State and local law enforcement to enforce immigration laws and detain illegal aliens on May 18, 2005 (6:31 PM). Rep. Charles Norwood (R-Ga.) was the primary sponsor.

2005-2006: Voted against H. Amdt. 138 (Tancredo) and in favor of sanctuary policies for illegal aliens
Rep. Capito voted against H. Amdt. 138 to H.R. 2360, the Department of Homeland Security Appropriations Act, 2006. The amendment would deny federal homeland security funding to states and local governments who refuse to share information with Federal immigration authorities. The amendment, sponsored by Rep. Tom Tancredo (R-Colo.), failed by a vote of 165 to 258 on May 17, 2005 (5:23 PM).

2005-2006: Cosponsored bill to increase employee verification (Gallegly)
Rep. Capito was a cosponsor of H.R. 1770 to require employers at critical infrastructure sites, including federal, state and local government buildings; military bases; nuclear energy sites; weapons sites; and airports, to participate in the Basic Pilot program to verify the identity and employment eligibility of employees. Rep. Elton Gallegly (R-Calif.) was the primary sponsor.

None

2005-2006: Cosponsored bill to increase interior enforcement through workplace verification (Dreier)
Rep. Capito was a cosponsor of H.R. 98 to increase penalties against employers who hire illegal aliens and require employers to verify the legal status of potential employees who will be required to hold new Social Security cards with biometric identifiers. In addition, H.R. 98 calls for hiring 10,000 new Homeland Security Department investigators to enforce the law. This would go a long way toward removing the job magnet for illegal immigration. Rep. David Dreier (R-Calif.) was this bills primary sponsor.

2004: Voted in favor of bill to expand expedited removal provisions (Hastert)
Rep. Capito voted in favor of final passage of H.R. 10 that included provisions to increase interior enforcement by expanding current expedited removal provisions. H.R. 10 required DHS to utilize expedited removal in the case of all aliens who have entered the U.S. illegally and have not been present here for five years. As well H.R. 10 contained provisions that would enhance entry-exit screening measures for people entering and exiting the U.S. H.R. 10, sponsored by Rep. Dennis Hastert (R-Ill.), passed by a vote of 282-134.

2004: Voted against Motion to Recommit (Maloney) on H.R. 10 to strip provisions for expedited removal
Rep. Capito voted against the Maloney Motion to Recommit with Instructions to strip from H.R. 10 provisions to increase interior enforcement by expanding current expedited removal provisions. H.R. 10 required DHS to utilize expedited removal in the case of all aliens who have entered the U.S. illegally and have not been present here for five years. As well H.R. 10 contained provisions that would enhance entry-exit screening measures for people entering and exiting the U.S. The Maloney Motion to Recommit, sponsored by Rep. Carolyn Maloney (D-N.Y.), failed by a vote of 193-223.

2004: Voted against amendment (Smith) to decrease interior enforcement by stripping expedited removal provisions
Rep. Capito voted against the Smith Amendment to H.R. 10 to strip the expanded expedited removal provision from H.R. 10. This is the provision that had the potential to dramatically increase deportations of illegal aliens by eliminating the appeals process. Somewhere around 2.5 million illegal aliens could be subject to the expedited removal provision. The Smith Amendment, sponsored by Rep. Christopher Smith (R-N.J.), failed by a vote of 203-210.

2004: Voted to expand expedited removal by voting against a Motion to Instruct Conferees
Rep. Capito voted against a Motion to Instruct Conferees to strip a provision from H.R. 10 to increase interior enforcement by expanding current expedited removal provisions. H.R. 10 required DHS to utilize expedited removal in the case of all aliens who have entered the U.S. illegally and have not been present here for five years. As well H.R. 10 contained provisions that would enhance entry-exit screening measures for people entering and exiting the U.S. The Motion to Instruct failed by a vote of 169-229.

2004: Voted in favor of amendment (Green) to H.R. 10 to create grounds of deportability
Rep. Capito voted in favor of the Green Amendment to H.R. 10 to make all terrorist-related grounds of inadmissibility, grounds of deportability, as well. The Green Amendment sought to strengthen immigration law with regard to the deportability of alien terrorists. The Green Amendment, sponsored by Rep. Mark Green (R-Wis.), passed by a vote of 283-132.

2004: Voted against amendment (Menendez) to H.R. 10 to strip expedited removal provisions
Rep. Capito voted against the Menendez Amendment to strip from H.R. 10 provisions to increase interior enforcement by expanding current expedited removal provisions. H.R. 10 required DHS to utilize expedited removal in the case of all aliens who have entered the U.S. illegally and have not been present here for five years. As well H.R. 10 contained provisions that would enhance entry-exit screening measures for people entering and exiting the U.S. The Menendez Amendment, sponsored by Sen. Robert Menendez (D-N.J.), failed by a vote of 203-213.

2004: Voted against the King Amendment to H.R. 4754 (Wolf) to enforce federal laws against sanctuary policies for illegal aliens
Rep. Capito voted against increasing funding to the Justice Department for enforcing current federal law against sanctuary policies that protect illegal aliens, criminal aliens, and potentially, terrorists. The amendment, sponsored by Rep. Steve King (R-Iowa), failed by a vote of 139-278.

2004: Voted against the Tancredo Amendment to H.R. 4567 (Rogers) that would enforce Federal law against sanctuary policies.
Rep. Capito voted against prohibiting homeland security funding from going to states or cities that violate Federal law with sanctuary policies that protect illegal aliens, criminal aliens, and potentially, terrorists. Rep. Tom Tancredo (R-Colo.) was the primary sponsor of this amendment.

2003-2004: Voted for a bill to increase interior enforcement through workplace verification (Calvert).
Rep. Capito voted in favor of the Basic Pilot Extension Act of 2003 to extend for five years the voluntary workplace verification pilot program. This program is an important component of preventing illegal aliens from taking jobs from legal workers. H.R. 2359, sponsored by Rep. Ken Calvert (R-Calif.), failed by a vote of 231-170, but eventually passed as S. 1685 and was signed by President George W. Bush.