Senators strike deal on immigration laws
Offer tiered path to citizenship
WASHINGTON -- A bipartisan group of senators announced an agreement yesterday on a broad remaking of the nation's immigration laws, a compromise bill that combines border enforcement with new paths to citizenship for millions of undocumented immigrants already in the United States.
Lawmakers in both parties hailed the agreement as a major breakthrough, which ended days of partisan gridlock in the Senate and greatly boosts the chances that Congress will pass a comprehensive immigration overhaul bill.
It also marks a big win for Senator Edward M. Kennedy of Massachusetts and Senator John McCain of Arizona, the unlikely duo who championed the comprehensive approach embodied in the bill. Nearly a year ago, Kennedy and McCain -- Democratic and Republican stalwarts who seldom agree on policy -- introduced an immigration bill that was based on ''earned legalization," a measure that seemed headed for defeat.
In a news conference yesterday, the senators outlined a plan setting up legalization options for those immigrants based on the length of time they've lived in the country. Those who have been in the United States longer than five years could apply for citizenship without returning to their country of origin, while immigrants who have been in the country for less time would have to clear more hurdles, including a requirement that they leave the United States at least briefly.
''The American people have made their voices heard in their churches, in their schools, and in the streets, and the Senate has listened," said Kennedy.. ''Those people that are out there today, the 11 million [undocumented immigrants], we're sending a message. That is: 'You are going to be welcome. And you won't have to live in fear in the future.' "
Although a group of Senate conservatives remains opposed, senators backing the compromise predicted they could pass it today, before Congress takes a two-week recess. President Bush endorsed the bill's approach and encouraged lawmakers to work out the remaining details before the congressional break.
If the measure passes the Senate, however, it would set up contentious negotiations with the House, which recently passed a bill that focuses exclusively on securing the nation's borders. House GOP leaders have scorned any changes that excuse undocumented immigrants for breaking the law to enter the country.
Still, the rare display of cooperation between Democrats and Republicans left many lawmakers optimistic about a deal with the House of Representatives on a final bill. The Senate majority leader, Bill Frist of Tennessee, and the minority leader, Harry Reid of Nevada, appeared side by side at the news conference announcing the compromise.
''Recognizing that we have obstacles ahead . . . I think this kind of compromise has the kind of momentum that will see us through," McCain said.
McCain and Kennedy wanted a system where all undocumented immigrants would have the same opportunities for citizenship, regardless of how long they have lived in this country. Their plan would grant them citizenship within 11 years by earning it: applying for temporary work permits, maintaining stable work histories and clean criminal records, learning English, and paying fines and taxes.
But acceding to conservatives that such a plan would be branded as ''amnesty," the veteran senators agreed to a compromise that would set up three tiers of qualifications to determine how to handle undocumented immigrants.
Under the bill, those who can document that they have been in the United States for longer than five years -- an estimated 7 million undocumented immigrants, 63 percent of the nation's total -- could earn legal work status and take steps toward citizenship by meeting work and legal requirements.
Those who have been United States residents for two to five years -- about 3 million people -- would have to leave the country at least briefly and apply for work permits at a port of entry before beginning the path to citizenship. The 1 million to 2 million undocumented immigrants with less than two years in the United States, would have to return to their countries of origin and apply for standard work permits and green cards if they want to return.
Some Republicans insisted on the concessions because they believe undocumented immigrants with shallower roots in the United States should have to leave the country before they can become legal residents.
Kennedy acknowledged that the tiered system is a ''political fix" and not ideal, but he said it still will allow most undocumented immigrants to work toward gaining legal status.
Nevertheless, conservative senators said they'll push today for amendments that are less generous toward undocumented immigrants. That could unravel the whole deal, although Senate aides said the conservatives weren't likely to be successful.
One of them, Senator Jon Kyl, Republican of Arizona, said it's ''meaningless" to require shorter-term immigrants to exit the country when they can reenter immediately.
''That is artificial, meaningless, and hardly a significant change," Kyl said, adding that under the plan, virtually all undocumented immigrants would have a chance to become citizens. ''They all get to stay, work, and apply for green cards from inside the United States."
Foreshadowing the tough talks that await with the House, Representative Tom Tancredo, the leader among hard-line Republicans, issued a statement accusing the Senate of endorsing ''amnesty" above law enforcement.
''The Senate amnesty deal is miserable public policy that will be rejected by the House of Representatives and has already been rejected by the American people," said Tancredo, a Colorado Republican.
The bill also includes a new ''guest worker" program, where as many as 325,000 people who live in other countries could fill US-based jobs temporarily every year under three-year permits that can be renewed once. In addition, the bill calls for new border enforcement measures, including more agents and a ''virtual fence," combining patrols with state-of-the-art technology.
Few thought the measure would succeed, given the competing passions surrounding it and the acrimonious, partisan climate in Washington. Yet the senators persevered, and their proposal formed the backbone of the bill the Senate Judiciary Committee passed March 27.
In the final hours of negotiations in the full Senate, Kennedy and McCain became a formidable team that made the compromise possible, according to senators and aides in both parties.
On Wednesday evening, with Frist and Reid at war over the issue and most analysts assuming that any comprehensive immigration changes were doomed, McCain called Kennedy to discuss a compromise. They spoke three more times late Wednesday and made steady progress despite the standoff among Senate leaders.
In exchange for his support, Kennedy wrested key concessions from McCain and Republicans -- including a reduction in the number of guest worker permits, unpopular with the Democrats' organized-labor constituency. Kennedy also insisted that Republicans stick by the Senate bill in negotiations with the House. 