By Larry Dreiling

The House and Senate have passed sharply different versions of immigration legislation. The two bills are drawing sharp contrasts not only between the houses of Congress, but also between moderate and conservative Republicans.

In this midterm election year, President Bush is trying to bridge a gap between the two bills--and two factions of his party--by pressing for legislation that provides a chance at citizenship for millions of illegal immigrants already in the country.

The House bill, favored primarily by conservatives, generally is limited to border enforcement, making all illegal immigrants subject to felony charges and cracking down on employers who hire illegals.

The Senate version, favored by moderates, includes more money for border security, creates a guest worker program to bring in new foreign workers, and provides a shot at citizenship for many of the estimated 11 million illegal immigrants already in the country.

What Bush wants

In a recent speech, Bush hoped to build momentum for Senate and House negotiators to resolve difficult disputes.

"It's a difficult task," Bush pointedly told Congress in remarks at the U.S. Chamber of Commerce. "Yet the difficulty of this task is no excuse for avoiding it.

"The American people expect us to meet our responsibility and deliver immigration reform that fixes the problems in the current system. All of the elements of this problem must be addressed together, or none of them will be solved at all."

He said any measure must include a temporary worker program and the opportunity for eventual citizenship. The Chamber has supported Bush's approach, which would provide cheap labor for many jobs.

Though Bush acknowledged that illegal immigration has put pressure on U.S. schools and hospitals, spawned more crime and caused other problems, he also stressed immigrants' importance to American society and the practical benefits of establishing a guest worker program.

"They are part of American life and they're vital to our economy," he said. "And yet they're beyond the reach and protection of American law."

He took on--albeit gently--those in the Republican Party who advocate a get-tough-only approach and staunchly oppose either a guest worker program or a path to citizenship.

"Some members of Congress argue that no one who came to this country illegally should be allowed to continue living and working in our country, and that any plan to allow them to stay equals amnesty, no matter how many conditions we impose," Bush said.

"Listen, I appreciate the members that are acting on deeply felt principles. I understand that. Yet I also believe that the approach they suggest is wrong and unrealistic."

 COLORADO TOUGHENS LAWS—Laborers harvest spinach on a farm northeast of Denver near Brighton, Colo., last week. With the immigration bills that Colorado Gov. Bill Owens asked for now awaiting his signature, attention turns to businesses that will have to check employees' identification, immigrants who apply for state benefits and agencies who will have to find a way to make it all work by Aug. a. (AP Photo/Ed Andrieski)

Other provisions

In his speech the president ticked through other provisions he considers crucial for a bill to be effective.

He asked Congress to provided additional funding and the legal authority to end "once and for all" the country's much criticized "catch and release" policy, in which illegal immigrants from Mexico are ticketed and freed. He said the practice has been ended for key Central American countries, but additional detention space and legal changes are needed to expand that.

Bush also embraced several changes that would make it easier for employers to verify that their workers are legal, including:

--Allow immigration officials to be notified when an employer is notified by the Social Security Administration that the name of one of their workers does not match the worker's Social Security number.

--Require that all employers use a now-optional government program called Basic Pilot to verify employees' Social Security numbers and check them against other federal databases. Both the House and Senate bills include such a requirement.

And he endorsed stiffer penalties for companies that fail to check an employee's identification and knowingly hire an illegal immigrant. "We're not going to tolerate it in this country," the president said.

What the House wants

For their part, most House Republicans want nothing to do with compromise to either the Senate plan or the Bush administration's compromise proposal.

House Speaker Dennis Hastert of Illinois said hearings on the Senate bill should be held before appointing anyone to a House-Senate committee to negotiate a compromise immigration bill. Later, he said he was unsure what the House's next move would be.

"We're going to take a long look at it," Hastert said.

Hastert's decision will make completing a final bill before Congress goes on its summer recess in August far less likely. Disagreement on procedural issue has kept negotiations from starting, but had been hopes that could be resolved quickly.

The day the Senate bill was approved, Majority Leader Bill Frist of Tennessee said waiting to negotiate a final bill would be "irresponsible." Rep. James Sensenbrenner of Wisconsin, chairman of the House Judiciary Committee, echoed his comments a day later, saying voters should be able to assess when they go to the ballot box in November how their lawmakers did on the issue.

"The bill that passed the Senate repeats the mistakes made 20 years ago when we provided amnesty to illegal aliens and let unethical businesses off the hook," Sensenbrenner said.

"The Senate bill includes amnesty for the 11 to 12 million undocumented aliens in the U.S. who have managed to elude the authorities. This is a slap in the face to those who are following the law and taking the right steps to enter this country."

House objections

The Senate proposal absolves the wrongdoers and penalizes those who are obeying the law, Sensenbrenner said.

"I do not accept the claim made by some that this is not amnesty because among other things, illegal aliens would have to pay two fines of $1,000 each. It is offensive to me to think we have legislators who are considering selling U.S. citizenship for $2,000. U.S. citizenship is not for sale."

The Senate's effort at border control to curb illegal immigration involves the hiring of 14,000 Border Patrol agents, more detention centers to hold illegal immigrants and 370 miles of fencing.

But those get-tough provisions don't get much support from Sensenbrenner--at least not when combined with a provision that would allow millions of illegal immigrants already in the country a chance to become U.S. citizens.

"It's too much too soon, and too expensive," said Sensenbrenner. "What we have to do is first secure the border, and then we have to turn off the magnet that brings more illegal immigrants into our country.

"Once we do that and we know it's effective, then we can figure out what to do with the 11 million to 12 million illegal immigrants that are already here."

A tale of one city

Immigration legislation--or lack of a law signed by President Bush--already is entering into the high stakes Congressional races that are to take place in November. An early litmus test was seen recently in conservative San Diego with Republican Brian Bilbray's narrow victory to take a House of Representatives seat.

The election underscores the challenge facing Democrats even at a time of public dissatisfaction with President Bush.

The House race in San Diego was the one that drew the most national attention, in a costly, caustic campaign to replace Rep. Randy "Duke" Cunningham, a Republican, now serving a jail sentence for bribe taking.

The city is Republican. Corruption as well as Bilbray's resume as lawmaker-turned-lobbyist encouraged Democrats to make a play.

The result was a race in which Republicans spent more than $4 million, their Democratic counterparts nearly $2 million.

Bush's call for compromise immigration legislation was a minority position by far in San Diego.

The city is hardly a barometer on the issue, given its proximity to the Mexican border. Still, it is hard to see House Republicans, many of whom are already in rebellion on the issue, looking at Bilbray's victory and concluding they should embrace Bush's more compassionate view toward illegal immigrants.

"There are no moral victories in politics. A loss, is a loss, is a loss," said Carl Forti, a spokesman for the National Republican Campaign Committee.

Democrats lose

Not surprisingly, Democrats disagreed.

Francine Busby, Bilbray's challenger, "proved that even in the most reliably Republican district, the message of change and a new direction for the country is resonating with voters," said Bill Burton, a spokesman for the Democratic campaign committee.

Still, Bilbray's victory left the Democrats' magic number at 15--the total they must gain in November to regain the majority in Congress, and prevented a wave of panic through the Republican party ranks that even Republicans conceded was likely if Busby had prevailed.

Democrats must gain six seats to claim control of the Senate in the midterm elections.

Immigration proved to be an important issue in the San Diego race, according to polls taken for both sides.

Bilbray and a third tough-on-immigration candidate, William Griffith, gained a clear majority of the vote.

Wisely or not, Bilbray made the issue the centerpiece of his campaign. He called for a fence "from the Pacific Ocean to the Gulf of Mexico" and backed restrictions to keep illegal immigrants from collecting Social Security and other benefits.

Still, it appeared from private polls that he was pulled across the finish line by a party effort, with an assist from a last-minute blunder by Busby.

"You don't need papers for voting, you don't need to be a registered voter to help," she said in the campaign's closing days. She said she had misspoken, but Republicans highlighted the remarks as fresh evidence she was soft on immigration.

Conservatives hope to use the issue of immigration and other hot-button cultural issues to boost turnout in an otherwise difficult year for Republicans.

Misplaced priorities

A leading Democrat, meanwhile, said the Republicans have misplaced priorities.

"The world's going to Hades in a handbasket," said Sen. Joseph Biden, D-DE, speaking June 4 on NBC's Meet the Press. "And we're going to debate the next three weeks, I'm told, gay marriage, a flag amendment and God only knows what else. I can't believe the American people can't see through this."

The House and Senate also moved on the social conservatives' agenda by approving legislation that would increase fines for indecency on television and radio broadcasts.

Some social conservative activists warn that these votes are unlikely to temper their anger, much of which is directed at the Senate version of the immigration bill.

If compromise is in the air, Sensenbrenner--knowing he must pass these bills and stand firm on immigration--has not shown it.

No to "amnesty"

Sensenbrenner answered a flat "no" when asked May 28 on NBC's Meet the Press whether he would accept any legislation that would put illegal immigrants on a path to citizenship.

"The words 'path to citizenship' is a buzz word for amnesty," he said.

Meanwhile, GOP members of the Senate like Chuck Hagel of Nebraska said the immigration bill presented a test of leadership and courage, and the country just can't defer on the issue of what to do with illegal immigrants already here.

"You can't just let dangle out there for our country, for our national security, for our economics, for our fabric--those who are here illegally," Hagel said. "They have broken a law. They must be dealt with. And we have a way to deal with them."

Sensenbrenner said the U.S. 20 years ago passed a bill that allowed illegal immigrants to stay in the U.S. He said that only increased the flow of illegal immigrants.

But Hagel said the 1986 legislation didn't improve enforcement on the borders, or with employers, as the Senate bill does. He took issue with Sensenbrenner's characterization of the Senate's approach.

"Amnesty. That's nonsense," Hagel said.

Because of the tone created by such voices and the chance such a tone may work to keep Republicans in office, many Hill watchers think that compromise may not come until after the November elections.

The Associate Press contributed to this report. Larry Dreiling can be reached by phone at 785-628-1117 or by e-mail at ldreiling@aol.com.

Date: 7/19/06

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