Senators Reach Deal To Revive Immigration Bill

Here we ago again. The Associated Press reports Senate leaders reached a deal that will revive the immigration reform that could provide millions of illegal aliens a chance to become American citizens.

On April 06, the Senate reached a compromise on the status of the 11-12 million illegal aliens in the U.S. That compromise proposed treating illegal aliens differently based upon the length of time they have been in the U.S.:

Those who have lived in the country at least five years would be put on a path toward guaranteed citizenship, provided that they remained employed, paid fines and back taxes, and learned English, a senior Republican aide said. The aide said this group accounted for about 7 million of the roughly 11 million illegal immigrants believed to be living here.

Those who have lived here for two to five years, said to number about three million, would have to leave the country briefly before reporting to an American port of entry, where they would be classified as temporary workers. They would be allowed to apply for citizenship but would have no guarantee of obtaining it. Those who did not would have to leave after participating in the temporary worker program for six years.

The remaining one million or so, those who have lived in the country less than two years, would be required to leave. They could apply for temporary worker status but would not be guaranteed it.

The Senate euphoria over the compromise didn't last 24 hours. The Senate's immigration reform compromise was shelved the very next day.

According to the Associated Press, the compromise failed because of an inability to agree on procedures for voting on amendments to the proposed legislation. President Bush said the compromise fell apart when Minority Leader Harry Reid refused to permit votes on more than three Republican-backed amendments. Reid was quick to deny he was at fault.

Newsweek's Eleanor Clift, a commentator generally regarded as being politically liberal, laid the blame on the Democrats:

A compromise fashioned by Republicans Chuck Hagel of Nebraska and Mel Martinez of Florida had toughened the earned citizenship portion of the Kennedy-McCain bill and made it more palatable to Republicans yet still acceptable to Kennedy.

But according to the recollections of those close to the principal figures, a battle ensued over how many amendments the Republicans would entertain, and Democrats feared that the GOP would use the amendments to strip away the progressive elements of the bill. Kennedy argued that he and McCain had the votes to defeat any troublesome amendments.

This is the U.S. Senate, Kennedy reportedly argued. The leadership has to allow for amendments. But the Democrats were dubious. They’d been burned before. And it didn’t take much persuading when New York Senator Charles (Chuck) Schumer reportedly made the case that the failure to get a bill would be good for the Democrats. As the head of the Democratic campaign committee, Schumer is focused on getting his party back into power in November.

According to the Associated Press, the agreement announced today breaks the political stalemate with an arrangement as to who will negotiate a compromise with the House, which last December passed the Border Protection, Antiterrorism, and Illegal Immigration Control Act.

The House legislation a hodgepodge of measures designed to regain control of the border and slow the flow of illegal immigrants across the border:

Makes illegal presence in the United States a crime, it is currently a civil offense.

Requiring employers to verify the legal status of their workers. The Immigration Reform and Control Act of 1986 (IRCA), made it unlawful for employers to knowingly hire or employ aliens not eligible to work and required employers to check the identity and work eligibility documents of all new employees. Under IRCA, if the documents provided by an employee reasonably appear on their face to be genuine, an employer has met its document review obligation. The easy availability of counterfeit documents has turned IRCA into a sham.

Ends the "catch and release" policy for non-Mexican illegal aliens.

Authorizes the building of a fence along the U.S.-Mexico border in parts of California, Arizona, New Mexico and Texas.

Imposes tougher penalties for smuggling and re-entry.

Directs the Secretary of Homeland Security to take all actions necessary and appropriate to achieve and maintain operational control over the entire land and maritime border.

In the negotiations to reconcile the different House and Senate bills, 14 Republicans and 12 Democrats will represent the Senate. Seven of the Republicans and five Democrats will be members of the Judiciary Committee. The remaining seven Republicans will be chosen by Frist and remaining seven Democrats chosen by Reid.

According to the Associated Press, the Senate legislation may be passed by Memorial Day.

The New York Times is less optimistic reporting that "quick passage is by no means assured, given the complexity of the immigration debate, the emotion it stirs and the approaching elections. Representative John A. Boehner of Ohio, leader of the House Republican majority, said in late April that he opposed the emerging Senate legislation and its emphasis on citizenship attainment. 'I don't think that would be supported by the American people,' he said."

Boehner is right. Most of the polling on immigration reform has found little sympathy for providing benefits to illegal aliens. The Senate, in proposing to legalize millions of illegal aliens, is getting too far ahead of the American public, which prefers enforcement-only immigration reform.

Comments

[Charlie]

I think to some degree the Senate has intentionally fashioned a stronger bill than they would normally go for as they know that it will be pared down in a conference committee with the House.