Undocumented arrivals fear Republican crackdown on immigration.

BY ALFONSO CHARDY
achardy@ElNuevoHerald.com
Fear is spreading among foreign day laborers in South Florida after Republicans won control of the House of Representatives, a move immigration activists say will make it more difficult -- if not impossible -- to legalize millions of undocumented immigrants.

``We are frightened that authorities will harden their attitude toward workers like us who need work permits,'' said Guatemalan Ramón Suárez, 33, as he waited for work in a cluster of foreign day laborers at a shopping mall on Bird Road near Florida's Turnpike.

Súarez was one of a half-dozen undocumented foreign day laborers interviewed last week who voiced alarm at the outcome of the Nov. 2 vote and the possibility of an Arizona-style immigration law in Florida in light of Rick Scott's election as governor. During the campaign Scott voiced support for an Arizona-like tough immigration enforcement law in Florida.

In the aftermath of the Republican House sweep, and an increase in the number of Republicans in the Senate, immigrant workers and immigration activists believe a path to residence and citizenship for the estimated 10.8 million undocumented immigrants is now very remote.

``I think it's dead,'' said Mark Krikorian, executive director of the Center for Immigration Studies, a Washington think tank that supports immigration control.

Pro-legalization advocates also are pessimistic.

Ira Kurzban, a Miami immigration attorney considered an authority on immigration law, and Cheryl Little, executive director of Miami-based Florida Immigrant Advocacy Center (FIAC), would not say legalization is dead, but acknowledged it will be more difficult to attain.

``It'll be an uphill battle,'' Kurzban said. Added Little: ``We're bracing for what likely lies ahead.''

Little also said she and other immigrant rights activists believe an Arizona-style immigration law in Florida is possible now.

``FIAC is . . . gearing up to oppose any copycat Arizona bill, since it now seems more likely such a measure could pass in Florida,'' said Little.

Some of the undocumented day laborers at the parking lot near the turnpike were also worried.

``This frightens us, because if such a law passes, we may have to return to our countries,'' said Alex Suárez, 27, another Guatemalan interviewed in the parking lot where dozens of day laborers waited for work.

The original Arizona law, since weakened by a federal court, authorized police to criminally charge foreign nationals if they were illegally in the state. Under federal immigration law, illegal presence is a civil infraction.

Meanwhile, immigration activists were split on the meaning of election results.

Anti-legalization organizations like NumbersUSA of Arlington, Va., Federation for American Immigration Reform (FAIR) of Washington said voters shifted away from immigration reform toward enforcement. But pro-legalization groups like the National Immigration Forum of Washington said the outcome shows voters want Republicans and Democrats to negotiate a bipartisan solution.

Legalization could still this year, but only if Obama and the lame-duck Democratic-controlled Congress forcibly push through the measure before the new Congress takes office in January. But experts said this would be a risky strategy likely to spark an uproar among Republicans and erode any future bid for bipartisanship.

Activists expect the new Congress to become more aggressive in pushing Homeland Security to roll back the limited leniency the agency had adopted toward some undocumented immigrants in recent months and to toughen enforcement instead.

In the last few months, for example, immigration judges have dismissed more deportation cases than before partly as a result of more willingness by governments to close cases.

Experts also expect a shift in which groups gain more influence over immigration policies.

Until now, Congress and the White House have largely been listening to immigration activists who support legalization.

Groups that oppose legalization likely will become more influential, particularly with the Republican-controlled Congress where conservatives will play a larger role in shaping future immigration policy.

Groups like Krikorian's Center for Immigration Studies as well as NumbersUSA and FAIR may see their influence rise.

Groups pushing legalization like the National Immigration Forum, America's Voice or the National Council of La Raza could see their influence diminish, particularly in the House. They will likely continue to be received at the White House and Congress, but Republican congressional leaders may be less receptive to their agenda, experts said.

Two congressional leaders who could play key roles in future immigration policy may be Marco Rubio of Florida in the Senate and Lamar Smith of Texas in the House.

Rubio, Miami-born son of Cuban immigrants, is a rising Hispanic political star who does not support mass legalization -- a stance that departs from the norm for U.S. Hispanic politicians.

He has repeatedly said he favors legal immigration but opposes illegal immigration and mass legalization for millions of undocumented immigrants.

Smith, a long-time proponent of tighter immigration controls, may take over as new chairman of the House Judiciary Committee -- a position that would give him added power to toughen immigration enforcement.

Smith authored several immigration enforcement laws now on the books when he last served as head of the House immigration subcommittee from 1995 to 2000.

These laws essentially made it easier to deport large numbers of foreign nationals who previously might have been spared removal.

In recent months, Smith has been linked to efforts to deny citizenship to U.S.-born children of undocumented immigrants.

While many birthright proponents want to amend the Constitution's 14th amendment, which defines citizenship, Smith believes citizenship can be denied to U.S.-born children of undocumented parents through an act of Congress.

Smith is a co-sponsor of a bill known as Birthright Citizenship Act of 2009 that would withhold citizenship from children born in the United States unless at least one of the parents is a U.S. citizen, a legal resident or a member of the military on active duty.



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