SAN JOSE MERCURY-NEWS

May 12, 2007

 

Senate set to debate immigration complexities

 

By Frank Davies
MediaNews Washington Bureau
San Jose Mercury News

WASHINGTON - The Senate launches a major debate on immigration next week, with shaky prospects for a comprehensive overhaul that large numbers of Democrats and Republicans can support.

One of the biggest sticking points, as in past debates, is how the estimated 12 million illegal immigrants already living here would be treated. Republican senators are insisting on tougher rules than in last year's Senate bill for undocumented workers to achieve legal status - longer waits, bigger fines and a trip home to the country of origin.

But a new issue has emerged this year that is equally contentious. The Bush administration has proposed managing the future flow of legal immigration by stressing job skills and education over family ties. Immigrant groups worry this will sharply curtail the ability to bring in close relatives.

Also at stake are two issues of great interest to California - more visas and green cards for tech workers, and whether agricultural workers will be forced into a guest-worker program that could limit their stay to three years.

The political dynamic on immigration has changed dramatically since last year, when a comprehensive bipartisan Senate bill died because House GOP leaders refused to consider it.

Backers of immigration reform got a boost when Democrats took over Congress and President Bush pushed harder for a bipartisan deal in closed-door negotiations. But at the same time, Senate Republicans such as John McCain of Arizona and Sam Brownback of Kansas have backed away from last year's bill as they pursued presidential campaigns. Sen. Jon Kyl of Arizona, a foe of comprehensive reform in the past, is now the leading negotiator for Senate Republicans, and is driving a hard bargain, according to immigration advocates.

Sen. Harry Reid of Nevada, the Democratic majority leader, has set a Wednesday deadline for Senate and Bush administration negotiators to come up with a new bill. If they don't, Reid will begin what could be a two-week debate using the Senate bill that passed one year ago as a "placeholder."

Frank Sharry, executive director of the National Immigration Forum and a longtime Senate observer, said he was hopeful for a deal, but big obstacles remain.

The negotiators "aren't close, but they are serious," Sharry said Friday. "It's hard to find a sweet spot for a bill that actually works that can also pass."

House leaders are waiting for the Senate to act. Rep. Zoe Lofgren, a San Jose Democrat, has chaired a series of hearings on the impact of immigration, but said she will hold off on legislation. Speaker Nancy Pelosi, D-San Francisco, said she will bring up an immigration bill when it attracts support from a significant number of GOP House members.

Several GOP senators said Thursday they were still optimistic about a deal. They said they will support a legalization process for some of the estimated 12 million undocumented immigrants only after tighter border and workplace security, and an effective crackdown on document fraud and identity theft.

"The vast majority of Republicans want an immigration bill," said Sen. Mitch McConnell of Kentucky, the GOP leader. "We passed an immigration bill last year on a broad bipartisan basis and I believe that's achievable again this year."

White House plan

Under one White House proposal, illegal immigrants would have to wait at least eight years to get on the path to legal residency while the visa backlog for those waiting in line is cleared up. During that time, illegal immigrants would have conditional status and not have to worry about deportation, but would have to return to their home country at some point.

A leader of one Latino organization said that was unworkable and an unreasonable burden.

"Having to return home is out of the question," said Cecilia Munoz, vice president of the National Council of La Raza.

Democratic senators said they will try to block the "return-home" requirement. But the provision that has attracted the most vocal opposition from immigration advocates is a Bush plan to revamp future immigration with a system to reward education and job skills. Currently, family members or employers are needed to sponsor legal immigrants.

The GOP proposal "is a huge step backward" from the 2006 bill, said Sen. Robert Menendez, D-N.J.

Guest-worker debate

Another provision in dispute is the guest-worker program. Kyl wants a temporary program - workers would have to return to their home country after three years and could not bring family members unless their incomes exceed 150 percent of the poverty level and they have health insurance.

"Temporary means temporary," Kyl often says.

Sen. Ted Kennedy, D-Mass., and immigrant advocates argue that guest workers who put down roots and pay taxes should be allowed to seek permanent status, and a rigid three-year program would replicate troubled European systems of imported workers who have no hope of staying.

"No union is going to support a temporary-worker program unless they can apply for permanent residency," said Tom Snyder, national political director of Unite Here, a union of 450,000 workers in apparel and service industries.

A lengthy waiting period for illegal immigrants and a strict guest-worker program also could jeopardize efforts, backed by growers and unions, to allow about 1.5 million farmworkers to stay in the country and apply for permanent residency if they work at agricultural jobs for the next three to five years.

That program, called AgJobs, has the backing of Sens. Dianne Feinstein, D-Calif., and Larry Craig, R-Idaho.

H-1B question

One provision that has widespread support, but hasn't received much attention, is an increase in H-1B visas and green cards for tech and other highly skilled workers. Bay Area employers lobbied hard for that provision last year, but it died when the comprehensive bill expired.

"We're hopeful this will get through, and not be weakened or gutted in the Senate," said Robert Hoffman, vice president for governmental affairs for Oracle.

He also co-chairs Compete America, a coalition of 125 companies and research institutions that want to almost double H-1B visas from 65,000 to 115,000.

Participants in the immigration negotiations were reluctant to predict whether 60 senators - the total needed to avoid a filibuster - can agree on a comprehensive bill in the next two weeks, or this year, with so many contentious issues.

"I think we've negotiated to the point that you can see the promised land," Sen. Lindsey Graham, R-S.C., said. "The question is, will we all become Moses and see the promised land but never get there?"