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Chasm separates immigration plans
House, Senate split on more barriers, route to citizenship

By Mark Silva
Washington Bureau

March 22, 2006

WASHINGTON -- While many members of Congress appear eager to toughen control of the nation's borders, a showdown over plans to accommodate millions of undocumented immigrants already settled here illegally could prevent any reforms from winning approval in this election year.

A bipartisan alliance of senators is advocating a plan that, while tightening enforcement, would also let many of the roughly 11 million undocumented immigrants in the U.S. pay fines for breaking the law, pay taxes, learn English and--after several years--apply for citizenship. The Senate Judiciary Committee will consider the plan Monday, with an immigration debate in the full Senate scheduled for later that week.

But should such a plan win approval, it will place the Senate sharply at odds with the more conservative House. That body already has approved a bill that imposes stricter border control without making allowances for undocumented immigrants who already have found their way into the U.S. Critics call relief for illegal aliens unwarranted "amnesty" for willful lawbreakers.

As immigration has grown, a fault line has opened in American politics, with swelling Latino populations creating a powerful political force in states such as Florida, Texas and California, and creating tensions in the Midwest where American workers fear the loss of jobs. Both parties are increasingly courting Hispanics.

The immigration debate also has sharply divided the ruling Republican Party, with business-minded Republicans stressing the reality of a labor force that many employers rely upon, while cultural conservatives insist that any accommodation of illegal aliens rewards lawbreaking and makes a further mockery of the nation's already weak borders.

When it comes to accommodating illegal aliens, "no matter what you call it, a lot of people on our side don't even want to debate it," said Sen. Lindsey Graham (R-S.C.), who says he is seeking a "fair solution" to the problem. For many in Congress, he said, "it's a very simple answer to a complex question: `Send 'em all back."'

Agreement long sought

This internal strife will make it all the more difficult for the House and Senate to agree on an immigration reform bill, something President Bush has been seeking since his first term.

"This could be a fractious debate," Bush conceded at a White House news conference Tuesday. "And I hope it's not."

In this congressional election year, with the GOP fighting to retain control of Congress and both parties trying to impress voters with their resolve on security, the deadlock could mean nothing passes.

The Bush administration is calling for a "comprehensive" bill that encompasses border security as well as some provision for "temporary workers" in the U.S. A bill that addresses only border security, or a failure to win any bill at all, could represent yet another setback for the president's domestic agenda. Many analysts believe that no bill is the most likely outcome.

"Given the president's approval rating these days, and with one-third of the Senate up for re-election this year, they are not going to follow the president off the cliff on this one," said Ira Mehlman, spokesman for the Federation for American Immigration Reform, which opposes what it calls amnesty for the undocumented.

"If the Senate does go ahead and pass something that looks like amnesty, they will never get this passed in the House," Mehlman said.

Senate Majority Leader Bill Frist (R-Tenn.), who harbors presidential ambitions, has made it clear he will push a straight border protection bill if senators can't agree on another plan. But Senate Democrats vow to oppose an enforcement-only bill, with Minority Whip Dick Durbin (D-Ill.) arguing that immigration has been "haphazard" for decades and that making criminals of millions of people serves no purpose.

Frist has pressured the Senate Judiciary Committee to produce a bill, saying that if they can't, he will take his own plan to a Senate vote the final week of March. Hoping to avert what one senator calls a "donnybrook" on the Senate floor, Frist's pressure has prompted the divided committee to take another stab at an agreement when senators return from recess Monday.

Some Republicans are chafing at Frist's pressure. Judiciary Committee Chairman Arlen Specter (R-Pa.) is working hard to craft a compromise, based on a plan by Sens. Edward Kennedy (D-Mass.) and John McCain (R-Ariz.), that would allow those illegally in the U.S. to seek citizenship eventually.

The undocumented could pay a $1,000 fine, pay taxes, undergo criminal background checks and then, after six years, apply for legal residency. After more background checks and demonstrating they are learning English, they could apply for citizenship.

Opponents call this an affront to law-abiding Americans.

"It depends on how much you want to alienate the American people," said Rep. Lamar Smith (R-Texas). "The administration is on the wrong side of public opinion and the American people when it comes to amnesty, when it comes to increasing immigration and when it comes to bringing in cheap foreign labor to compete with American workers and legal immigrants."

Since Bush started a renewed push for immigration reform in January 2004, the former Texas governor, who has a firsthand understanding of border issues, has insisted that the U.S. should be able to match "willing workers" with "willing employers."

"We see millions of hardworking men and women condemned to fear and insecurity in a massive, undocumented economy," Bush said then, proposing a new legal status for millions of undocumented immigrants enabling them to work several years in the U.S. and then return home. He has insisted that this is not amnesty.

But Bush has invested little time in pushing an immigration bill and he has not threatened to veto an enforcement-only bill. "We're going to continue working to hopefully get a comprehensive piece of legislation," White House spokesman Scott McClellan said. "It begins with a need to strengthen our borders but it also includes a temporary-worker program."

Frank Sharry, executive director of the National Immigration Forum, a pro-immigrant organization, complained that the White House has "become almost a non-factor" in the debate. Bush "could be a factor," Sharry said. "He's got the bully pulpit, he understands the issue. But when all you say is vague generalities that try to please everyone, all you end up with is mush."

Many experts call Bush's idea of requiring temporary workers to return home after several years unworkable. If the law allows undocumented workers to remain here, advocates say, they should ultimately have a chance to become citizens.

"The problem is, if we only have a temporary-worker program, we create another problem coming down the pike," said Deborah Notkin, a New York-based attorney and president of the American Immigration Lawyers Association. "You have planted families here. Asking families to go home? It's not realistic."

Businesses like Kennedy plan

The U.S. Chamber of Commerce and powerful agricultural interests are backing the Kennedy-McCain plan. "There are situations where employers cannot find American workers to fill jobs," said Randy Johnson, the chamber's vice president for labor.

Many lawmakers fear voting for a bill that would allow illegal aliens to remain, Johnson said. "There is still this fear of voting for something that gives legal status even after you earn it--that it's going to be called `amnesty,"' Johnson says.

When Judiciary Committee members return after a weeklong Senate recess, Frist's threat to offer a House-like border-protection bill has given senators new incentive to reach a compromise.

"I have always wanted to put people on the citizenship path, so long as this doesn't put them ahead of other people in line," Specter said. "I am willing to put them at the end of the line."

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Proposals at cross-purposes

The Bush plan: Tighter border protections would be coupled with a "guest-worker" program, in which foreigners could apply for temporary legal status to accept U.S. jobs. Such workers would be required to return to their homelands after a certain time.

The Kennedy-McCain plan: While improving border security, the U.S. would give illegal immigrants a path to legal status if they paid taxes and a $1,000 fine and underwent criminal background checks. After six years, they could apply for legal residency by paying another $1,000 fine and fulfilling other requirements. They could apply for citizenship if they passed more background checks and proved they were learning English.

The House-passed plan: Border enforcement would be toughened by such measures as the building of a fence along parts of the U.S.-Mexico border. Employers would be required to verify the legal status of their workers. There is no provision for "guest-worker" status or any form of amnesty.

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mdsilva@tribune.com