http://www.mercurynews.com/mld/mercuryn ... 061029.htm

Posted on Thu, Mar. 09, 2006

Illegal immigrants shouldn't be classified as criminals, senators say

BY DENA BUNIS
The Orange County Register

WASHINGTON - Members of the Senate Judiciary Committee had little stomach Thursday for making criminals of the more than 11 million illegal immigrants in the country and plan to refine a reform bill to reflect that sentiment.

The panel also agreed to about double the number of border patrol agents over the next five years.

For the second straight day, the committee spent more than three hours plowing through a 305-page bill compiled by panel chairman Arlen Specter, R-Pa. It has yet to tackle the thorniest questions involved in the sweeping immigration overhaul - what kind of guest worker program to include and how to deal with the undocumented workers already here. The panel resumes debate next week.

The most animated debate Thursday revolved around whether immigrants here illegally should be subject to criminal penalties.

It is now a misdemeanor - punishable by six months in jail - to illegally enter the United States. But actually being present in the country illegally is a civil violation, punishable by deportation. About half of the nation's illegal immigrants came here legally but overstayed their visas.

The House-passed immigration bill includes a provision that would make being in the United States unlawfully a felony. Specter's measure would make it a misdemeanor.

Sen. Richard Durbin wants to eliminate that clause.

"The question is whether we want to declare millions of people in the United States as criminals," said Durbin, D-Ill. "I hope we would say we're going to break from the House bill."

Sen. Dianne Feinstein, D-Calif., said Specter's bill means many hard-working people with community roots and often American-born children "would have a criminal mark against their name."

Specter said he didn't mean to criminalize those people already here and promised to revisit that section of the bill when the panel talks about how to deal with those illegal immigrants working here now. Several senators suggested that such a designation could apply to anyone in the United States illegally after the new bill takes effect.

Lawmakers agreed that the 11,000-agent border patrol needed to be dramatically increased. But after amendments to several sections on that point, it was unclear even to the committee staff how many more agents the senators want to hire.

The consensus among those present was that the committee wants to ask for between 10,000 and 14,000 more agents. Two years ago Congress included 10,000 more agents in an intelligence overhaul bill. But so far only 1,500 have been funded.

"We have a lot of catching up to do," said Sen. John Cornyn, immigration subcommittee chairman. Cornyn, R-Texas, said in order for the goals of this far-reaching bill to be achieved, Congress is going to have to "make a massive investment in personnel and technology."

Feinstein expressed her frustration that lawmakers talk about such additions but they often don't happen.

"The problem is we have great aspirations and nothing gets enforced," she said.

The committee agreed to several amendments at Thursday's session including:

Requiring that all illegal immigrants caught from countries other than Mexico be detained and quickly deported, by Sens. Tom Coburn, R-Okla., and Jeff Sessions, R-Ala.

Building targeted border fencing in Arizona, by Sen. Jon Kyl, R-Ariz.

Adds habitual drunk driving to the list of aggravated felonies for which an immigrant can be deported, by Sen. Charles Grassley, R-Iowa.