Senate to pass immigration Bill after minor changes

Letter from America: After almost a week of intense debate, the Senate looks set to approve a Bill next week that would allow…

Letter from America: After almost a week of intense debate, the Senate looks set to approve a Bill next week that would allow most of America's estimated 12 million illegal immigrants to remain in the country and eventually apply for citizenship. Senators have adopted a number of amendments to the legislation that stalled last month, including one that would make English the national language of the US.

Democrats and moderate Republicans united, however, to defeat amendments that would have undermined the thrust of the Bill, including one that would have deleted the provision of a path to citizenship for illegal immigrants.

Under the Bill being debated in the Senate, illegal immigrants who have been in the US for more than five years would be allowed to stay in the country and apply for citizenship a few years later. Those who have been in the country for between two and five years would have to return briefly to a port of entry before receiving similar treatment and those who have recently arrived in the US would simply have to go home.

The most significant amendment approved this week would prohibit those who have been convicted of a single felony or three misdemeanours, and illegal immigrants who have ignored deportation orders, from gaining legal residence in the US. The homeland security secretary could award a humanitarian waiver from the ban if an immigrant could prove he or she never received an order to leave the country, or where the departure would cause "extreme hardship" to a parent, spouse or child who is a US citizen or legal permanent resident.

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Another amendment places on the immigrant the burden of proof over how long they have been in the US, requiring them to produce at least two documents backing up their claim.

During a visit to Yuma, Arizona, on the border with Mexico, on Thursday, President George Bush urged senators to approve a comprehensive immigration reform Bill by the end of next week.

"We have a duty in Washington DC to conduct this debate with dignity and honour. Immigration is an emotional issue. Sometimes people get carried away on the issue, and in doing so, they forget the greatness of our country, that we are a land of immigrants; that we've always been a haven for better opportunity; that we welcome people who are willing to abide by our laws and work hard and raise their family and trust in the Almighty," he said.

Mr Bush trusts not only in the Almighty but also in Karl Rove, his top political strategist, who went to Capitol Hill this week to persuade conservative Republicans to support comprehensive reform.

If the Senate passes a Bill next week, it must be merged with a tough border security measure approved by the House of Representatives last year. Most House Republicans oppose granting illegal immigrants a path to citizenship, a proposal they describe as an amnesty for lawbreakers.

"Karl Rove had his hat handed to him," California Republican Darrell Issa said after the meeting.

Republican congressmen, many of whom will face tough battles to retain their seats in November's election, appear willing to defy Mr Bush and undermine the rest of his presidency rather than alienate conservative voters by backing the Senate immigration bill.

Nebraska senator Ben Nelson, a Democrat whose hardline attitude to immigration is close to that of the House Republicans, warned the Senate that the Bill they were debating was doomed to fail in the conference that would negotiate a compromise with the House.

"I'm very concerned what will happen is that the Senate will pass this comprehensive do-everything version. It will go to conference and nothing will happen. Nothing will happen on the legislation because it won't be able to be squared with the House version," he said.

If negotiators from the Senate and the House succeed in agreeing a compromise Bill in conference, that measure could be passed by an alliance of most Democrats and a minority of Republicans in both houses. Conservatives warn, however, that core supporters would be slow to forgive Republicans if they allow a Bill that offers "amnesty" to illegal immigrants to pass before November.

Some Democrats calculate that failing to agree on a Bill could benefit them in November as voters punish the Republican majority for failing to tackle illegal immigration.

Denis Staunton

Denis Staunton

Denis Staunton is China Correspondent of The Irish Times