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Lawmakers Far Apart Over U.S. Treatment of Illegal Immigrants
May 30 (Bloomberg) -- What to do about the 11 million people living illegally in the U.S. may determine whether House and Senate Republicans pass an immigration-overhaul measure this year.

Negotiators must resolve differences between a Senate measure approved last week, which provides a path to legal status for undocumented immigrants and a guest-worker program, and House legislation passed in December, which focuses on border security and stricter enforcement of immigration laws.

Lawmakers in both chambers agree that the undocumented- immigrant issue is the most contentious one facing them. House Judiciary Committee Chairman James Sensenbrenner on May 26 called the Senate measure, which gives many of those people a chance to gain legal status, a ``non-starter'' because it would grant amnesty for lawbreakers.

``The approaches taken by the House and Senate on this issue are 180 degrees apart,'' Sensenbrenner, a Wisconsin Republican who will likely lead House negotiators, said during a news conference.

House Majority Whip Roy Blunt said in an interview last week that there was ``a reasonable chance we can solve the problem,'' while adding that the odds of success were not ``quite at 50-50 yet.''

Even in the Senate, the path to legal status for undocumented immigrants proved a contentious issue. A week of talks last month resulted in a bipartisan compromise that split such immigrants into three groups.

Requirements

People who illegally entered the U.S. after January 2004 would have to leave the country and apply for re-entry under a separate guest-worker program. Those who came after that date but have been in the country for less than five years would have to travel to a port of entry, leave the U.S. and then re-enter to get legal status. Those in the U.S. longer than five years would be able to keep their current jobs, stay in the U.S. and apply for legal status.

All undocumented immigrants applying for legal status would have to pay a $3,250 fine and back taxes, learn English and pass a criminal background check. Supporters of the Senate measure said the fines and other requirements mean undocumented immigrants are not being forgiven for breaking the law.

House Republicans, whose measure makes it a crime to be in the U.S. illegally, said any plan that does not require such people to leave is unacceptable.

``We understand this is a big problem,'' Blunt, a Missouri Republican, said. ``What we don't understand is why this problem has to result in citizenship without return home.''

The Senate measure also contains a guest-worker program that would create 200,000 new visas each year for low-skilled workers. The House legislation has no such provision.

Backlogged Agencies

Critics of the Senate approach say the government agencies that would manage these programs already have long backlogs of immigration applications and would be overwhelmed without new resources.

Some House Republicans are already looking for middle ground on the guest-worker issue. Last week, Mike Pence of Indiana, the leader of the Republican Study Committee, proposed a guest-worker program open to all undocumented immigrants if they applied from their home country. The number of visas would be set by the demand for those workers.

House Republican leaders have advocated addressing border security and enforcement issues first before creating a guest- worker program. The House measure calls for 700 miles of fencing along the Mexican border; the Senate version provides for a fence half that length.

`Fugitive Class'

Both include expansion of an electronic worker-verification program for employers to confirm that employees are legally able to work in the U.S. The Senate bill would require employee verification of only new hires, while the House bill would eventually require all employees to be confirmed as legal.

Critics of the House measure say it would criminalize undocumented immigrants without doing anything immediately to enforce that provision. ``We do not want to create a fugitive class in America,'' said Republican Senator Arlen Specter of Pennsylvania, who will likely lead Senate negotiators.

Sensenbrenner said if a verification problem is implemented and workplace laws are enforced, undocumented immigrants won't be able to work.

``If you can't get a job because the employer sanctions are enforced, my belief is that a lot of the illegal immigrants will simply go back home voluntarily,'' he said. ``It will end up being a process of attrition.''

President George W. Bush has said he favors the broader Senate measure. Republican proponents of that approach, including White House Deputy Chief of Staff Karl Rove, said approval of a legalization plan would help their party make inroads among Hispanic voters. Twice in the past two weeks, Rove has met with House Republicans to press that case.

Rove Disputed

``They jumped all over Rove,'' Sensenbrenner said. ``The president is not where the American people are.''

The administration must press its case with all House Republicans because House Speaker Dennis Hastert of Illinois has said he won't bring any immigration legislation to a floor vote unless it is supported by a majority of his party.

``The speaker believes in passing an immigration bill with a majority of the majority,'' spokesman Ron Bonjean said last week.

Sensenbrenner said he hopes to complete a measure before the November congressional elections. Patrick Leahy of Vermont, who will likely be the Senate's senior Democratic negotiator, said last week the chances of success are ``50-50.''

Blunt said success will only be possible if both chambers come to the table ready to make deals.

``We won't solve this problem in the conference if the House goes in saying the only thing coming out of this is the House bill and the Senate goes in saying the only thing coming out of this is the Senate bill,'' he said.



To contact the reporter on this story:
Nicholas Johnston in Washington at
njohnston3@bloomberg.net

Last Updated: May 30, 2006 08:33 EDT