Thread: IMMIGRATION: Congress to debate whether migrants can stay

IMMIGRATION: Congress to debate whether migrants can stay
The Miami Herald
By: Alfonso Chardy
02/15/2006

WASHINGTON - The most significant overhaul of federal immigration law in 10 years is about to be debated in Congress.

The stage is set for one of the most contentious congressional debates in a decade: whether to legalize up to 11 million illegal migrants or compel them to leave the country.

Heading into a congressional election year, though, politics may trump policy, with nothing getting done.

President Bush, in his State of the Union address, repeated his proposal that Congress should pass a temporary worker program for illegals -- allowing them to stay in the country and work legally for a period of time to be determined. His plan avoids use of the term ''amnesty,'' a code word for green cards that would eventually make them eligible for citizenship.

Many in Congress, however, oppose Bush's proposal -- especially many conservative Republicans who view even a temporary worker program as amnesty and are lining up against the president. Moderate Republicans and many Democrats want a bill that would enable illegals to seek green cards.

The debate, expected to begin in March and last months, marks the most sweeping effort to amend immigration law since 1996 when Congress made it mandatory to deport foreign nationals convicted of aggravated felonies. If reform leads to some form of status for illegals, it would be the most extensive revamp in 20 years -- since a 1986 amnesty under President Reagan made about 2.7 million illegal migrants eligible for green cards.

Whether opposing sides will compromise, especially in a midterm election year, is hard to predict. Interviews with several key senators, representatives, their aides, Bush administration officials and immigration experts reveal several possible scenarios -- including one in which reform fails, leaving the illegals in hiding.

In another, the Senate approves a temporary worker bill that eventually makes some illegals eligible for green cards under strict conditions that would require sponsorship by a business and some knowledge of English and U.S. history.

TOUGHER ENFORCEMENT

Another scenario calls for only a temporary worker program, without green cards -- along with tougher border enforcement and a requirement that illegals leave the country first to claim their work permits.

Those watching from the sidelines -- experts on immigration in their own right -- say it's likely nothing will happen, that the status quo will prevail despite a flurry of lobbying from both sides.

''At the first hint of a stalemate in the Senate and the House, Congress may try to pass the elections first and delay this to 2007,'' said John Keeley, director of communications for the Center for Immigration Studies, a think tank that favors immigration controls.

One leading pro-immigration advocate agreed. She said the charged political atmosphere may preclude consensus on such a polarizing issue.

''It could be that nothing happens,'' said Angela Kelly, deputy director for the National Immigration Forum. ``It all depends on whether it happens close to the elections or not.''

Ira Kurzban, a Miami lawyer who is considered a national authority on immigration law, said he believes legislation will pass -- but it may feature only toughened laws that could reduce the rights of immigrants.

''It's too early to tell what will happen in the end,'' Kurzban said. ``But it seems like the people pushing enforcement have the upper hand at this point.''

Kurzban was referring to people like Rep. James Sensenbrenner, R-Wis., the lawmaker with the most influence on the immigration debate -- at least for now, because his bill is the first to pass either house of Congress.

HOUSE PASSES BILL

On Dec. 16, the House passed Sensenbrenner's bill 239-182 to establish criminal penalties for illegal migrants, compel verification of whether foreign employees are legally in the country, build fences along portions of the Mexican border and toughen laws under which convicted foreigners can be deported.

Sensenbrenner's bill is devoid of a temporary worker program, but Sensenbrenner is not opposed to such a proposal -- as long as illegals leave the country to get permits.

''I'm not philosophically opposed to a guest worker program,'' Sensenbrenner said.

Veteran congressional aides believe the Senate eventually will pass a bill featuring legalization, though it could stop at only temporary work permits without a link to green cards.

If the bill that prevails features only a temporary worker program, then Republican Sens. John Cornyn of Texas and Jon Kyl of Arizona may emerge as the Senate's immigration bill managers.

But if a bill containing a bridge to green cards passes, then Sens. John McCain, R-Ariz.; Edward Kennedy, D-Mass., and Chuck Hagel, R-Neb., would be the likely Senate leaders in the debate because their bills offer illegals the ability to apply for permanent residence.

OTHER PROPOSALS

Congressional aides said Senate Majority Leader Bill Frist, R-Tenn., is working on an immigration bill that would tighten enforcement. Also working on his own bill is Sen. Arlen Specter, R-Pa., chairman of the Senate Judiciary Committee.

Several influential senators have expressed support for Specter's work-in-progress, including Republican Sen. Mel Martinez of Florida and Democratic Sen. Barack Obama of Illinois, who have jointly issued a set of immigration reform principles they support.

Both would give illegals status -- Martinez with certain strict conditions and Obama more liberally.

''To fix the illegal immigration problem we have to recognize that there has to be a way to account for the 11 million plus people that are already here, unaccounted for, working for the most part,'' Martinez said.

He rejected the notion of forcing illegals to leave the country to seek permits abroad. ''I believe that is not workable or feasible,'' he said. But Martinez echoed President Bush's rejection of a guest worker program that leads to amnesty.

''They have to pay a penalty. They have to go back to the line for citizenship. They have to have . . . . hoops that they'd have to go through,'' he said.

In a joint letter to Specter Dec. 15, Martinez and Obama proposed offering temporary work permits after payment of a fine and without excluding access to green cards.

COMPROMISE PLAN

Sen. Bill Nelson, D-Fla., who has not endorsed any pending comprehensive Senate immigration bill except one that would allow the children of illegal immigrants to seek residence, said it's impossible to predict what kind of immigration reform bill may prevail.

Nelson said he leans toward legislation that permits all or some of the illegals ``who have had certain years of residence and can show gainful employment to apply for legal status.''

Sensenbrenner said that for comprehensive immigration reform to prevail, all sides will have to concede something. ``Whether that's going to happen or not, I don't know.''

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There shouldn't even be a debate about this! The 11 million illegals have ALREADY BROKEN OUR LAWS AND SHOULD BE IMMEDIATELY DEPORTED These idiots in Washington have to GO and we need to put them out this November. I don't care what party they are with, I'm only gonna vote for those who oppose the guestworker/amnesty plan and those who want our existing laws enforced

Yep, this is such a 'hot' issue...so many polls showing what the people want...and the people do NOT want amnesty/guest worker or illegals left happily in place in our country.

This is NOT a time for congress to play their old bait and switch game. Wait till after elections before putting off doing anything for another 18-20 months. phooey

IF they haven't DONE something long before elections...OUT THEY GO!!

This whole issue is total nonsense as we already HAVE laws on the books to cover everything.

RR

RR wrote:

This whole issue is total nonsense as we already HAVE laws on the books to cover everything.

This is what gets me! Our laws are being twisted and bended to give these companies the cheap labor they want and OUR OWN GOVERNMENT is doing it! This is no longer "For the people,of the people, by the people" it's now, "For the money, for the greedy big business, and for the benefit of the politicans". What a shame that this great nation has come to this! I got out and encouraged people to vote in the last election, people who had NEVER voted in their lives, went to vote. I'm on a mission again and I'm gonna get even more to vote this time

To make a long story short, congress(the legislative branch) makes laws, Bush(the executive branch) enforces them. So if Bush will not enforce existing laws which are adequate to solve the problem, what makes anyone think he will enforce new (and necessary) laws????

Remember: Illegal aliens are ALREADY illegal, otherwise they would not be called illegal aliens.

DEPORT ILLEGAL ALIENS
SEAL THE BORDER
IMPEACH BUSH
Don't get duped by anyone who says that Congress(the legislative branch) can enforce laws. Law enforcement is a function of the executive branch.

We the people deserve a real President who will enforce immigration laws.

An enforcement-only bill is not likely. They will figure out a way to sneak in a loophole to allow some people who have paid their taxes and stayed out of trouble to legalize, especially for those with applications already in the pipeline (i.e. employment based and alien relative).

daydreamer,
RE:An enforcement-only bill is not likely

Actually the term "enforcement only bill" is a bit of a dupe in itself. Illegal aliens are already illegal, otherwise they would not be called illegal aliens. Bush refuses to enforce existing laws which are adequate to solve the problem, so what makes you think he will enforce new laws? Remember, congress can NOT enforce laws, they can pass laws.

So a reasonable person can conclude that an enforcement bill means that congress will pass more laws and/or stiffen penalities for existing laws that Bush won't enforce anyway unless it contains guest worker amnesty, in which case Bush will enforce the amnesty part only.