http://www.latimes.com/news/nationworld ... -headlines

Senate Rejects Amendment to Equalize Wages
By Michael Muskal, Times Staff Writer
3:15 PM PDT, May 22, 2006

The U.S. Senate today rejected an amendment to the immigration bill that was designed to equalize wages paid to legal and illegal immigrants employed in farming.

At present, immigrant workers who legally enter the United States under the H2A program are paid more than illegal immigrants working on a farm in the same area, noted Sen. Saxby Chambliss (R-Ga.), who said his amendment would equalize the pay structure, creating fairness.

But Democrats, such as Sen. Edward Kennedy (D-Mass.), the floor leader on the immigration bill, argued that the amendment effectively would have meant a substantial pay cut for all agricultural workers.

He and others, including some Republicans, said they opposed the amendment because it would have undone a part of the bipartisan comprehensive immigration package.

In a 50-43 vote, the Senate tabled the amendment.

It was the first vote today as the Senate tries to finish its work on the comprehensive immigration bill before the Memorial Day break. The measure would then go to a conference committee with the House, which has passed a tougher immigration bill that rejected a path to citizenship for the estimated 11 million to 12 million undocumented workers in the United States.

Earlier, Sen. Dianne Feinstein (D-Ca.) offered an amendment that would eliminate the three-tier plan to grant citizenship to undocumented workers in the United States. Presenting her amendment, the California senator said she hoped it would be considered this week.

One of the key provisions of the Senate immigration bill, known as the Hagel-Martinez compromise, creates a three-tiered system for illegal immigrants in the United States based on the number of years in the country: for more than five years; less than two years, and those in between.

The 6.7 million in the United States more than five years would be eligible to stay and earn citizenship by paying a fine, learning English and meeting other requirements. However, the rest, about 4.4 million, would have to return before being allowed to re-enter the United States and take the same path to citizenship.

"The three-tiered system is unworkable," Feinstein said on the floor of the Senate, arguing that the compromise would likely create a bureaucracy and open new avenues for fraud.

Will the 4.4 million leave the country? she asked. "History and reality will show they will not."

Feinstein proposed that the three-tier approach be eliminated and that undocumented workers in the United States as of Jan. 1, 2006 be required to register with the Department of Homeland Security and submit fingerprints for criminal and national security background checks. They would be allowed to apply for an identification document, called an orange card.

Once they apply, the undocumented immigrants would have to supply a work history, pass other criteria such as paying back taxes and a fine, and demonstrate an understanding of English. If granted the orange card, the person would be allowed to stay in the U.S. and to travel outside the country.

Each worker would have to submit new documentation to DHS each year showing their work history, that they paid taxes, and that they had not been convicted of a crime. They would then have to wait six years before becoming eligible for a green card and eventual citizenship.

Feinstein argued that her plan would prevent the type of bureaucratic problems that would arise under the compromise as officials try to figure out how long an illegal worker has been in the country. It would also create an electronic track for the government to make sure that undocumented workers meet all the requirements for applying for citizenship.