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Debate turns on 1 word: amnesty

Supporters hope a ''touchback'' plan will ease concerns of foes of immigration bill.

By ANITA KUMAR
Published June 21, 2007

WASHINGTON - Conservative politicians, talk show hosts and bloggers have not been shy about denouncing a Senate immigration overhaul that they say rewards illegal immigrants with legal residency and citizenship.

As Congress resumes its debate this week, some senators may have found a way to appease those critics who simply describe the bill as "amnesty."

Sen. Kay Bailey Hutchison, R-Texas, wants to force all illegal immigrants - not just those seeking permanent residence - to return to their home country before being allowed to return to the United States legally.

The so-called touchback provision, requiring illegal immigrants to return home, would make the path to citizenship slower, more difficult and therefore more fair, supporters of the amendment say.

Immigrant advocates warn that some immigrants will not risk a return home without a guarantee they can come back. Those who oppose citizenship for illegal immigrants say the change is largely meaningless, describing it as "amnesty with a road trip."

"I believe having the return provision ... is the right thing to do, " Hutchison said. "For some, it's not enough. For others, it's too much."

The amendment is one of about two dozen that the Senate will consider on the landmark immigration bill that congressional leaders hope to pass before the Fourth of July recess. It could give the bill the boost it needs to pass, or be significant enough to jeopardize the fragile compromise that has been carefully crafted during the last several months.

"I'm worried that in an effort to get the Republican support they need, they are pulling it so far to the right that they may lose Democrat support, " said Angela Kelley of the National Immigration Forum, which supports the bill. "It is looking uglier and uglier because of the nature of the amendments being floated."

President Bush has continued to make immigration one of his top domestic goals, but the complicated issue continues to divide lawmakers from both parties and both chambers.

The 627-page Senate bill would allow a path to citizenship for the nation's 12-million illegal immigrants, expand the guest worker program and increase security on the U.S.-Mexico border.

Two weeks ago, the Senate abandoned the bill after it lacked the support to move forward. Opponents had offered more than 300 amendments to extend the debate and argued that they should have been given more time.

Key negotiators including Sen. Mel Martinez, R-Fla., helped resurrect the bill, partly by agreeing to consider about two dozen amendments.

The amendments, written equally by Republicans and Democrats, would increase the number of visas allowed for high-tech workers, give family ties more weight in the point system used to determine which immigrants get legal residence and criminalize those who overstay their visas, among other things.

The list does not include a fix to a controversial change made two weeks ago that would end the guest worker program in five years.

Opponents of the bill call the slew of amendments a sham because they could easily and quietly be removed from the bill by Senate and House negotiators later in the process.

"These amendments don't matter, " said Rosemary Jenks, director of government relations for Numbers USA, who opposes the bill. "They are basically for show."

Senate leaders and negotiators are closely guarding the list of amendments, which are still in flux. But Hutchison said she has been promised hers would be considered.

As the bill is written, illegal immigrants would be granted new Z visas, allowing them to remain in the United States. Those who want to be permanent residents or citizens would be required to temporarily go back to their home country after eight years, pay fines and learn English.

Hutchison's proposal would require the trip to the home country to occur earlier, in the first few years, and would pertain to all those who receive Z visas, including temporary residents.

"I think it helps. It deals with the impression that we are just fining people and then allowing them to be on a path to citizenship, " Sen. Jon Cornyn, R-Texas.

Immigrant advocates do not support the change, but some say they are willing to support it to get the bill passed.

"The most important thing is that we pass something, " said Tamar Jacoby of the conservative Manhattan Institute, who favors comprehensive immigration reform that includes citizenship.

A bill introduced in the House earlier this year would require illegal immigrants to leave the United States, though they would not necessarily have to go back to their home country. Some House Republicans are working on their own compromise that includes what is called the "touchback" provision.

"We've got a long way to go, " said Sen. Trent Lott, Senate Republican whip. "It's a delicate dance."

Times researcher Angie Drobnic Holan contributed to this report. Anita Kumar can be reached at akumar@sptimes.com or 202-463-0576.

Fast Facts:

What's next

The Senate expects to resume debate on immigration reform this week with a preliminary vote expected Friday. About two dozen amendments will be considered before a final vote is taken. If the Senate passes a bill, the House plans to consider its proposal in July. Negotiators from the two chambers would then try to hash out a compromise later.

The Senate immigration bill

The bill includes a path to citizenship for illegal immigrants after eight years if they meet certain criteria and return to their home country. It would expand the guest worker program, create a stronger verification system for employers and increase border security.

Some of the possible amendments

- Give family ties more weight in a proposed point system that will be used to determine who will be allowed legal residence.

- Limit new Z visas to those who have been in country for at least four years and have ties to communities.

- Forbid employers from hiring guest workers after a major layoff.

- Offer federal grants of $500 to immigrants for English classes.

- Ban immigrants from receiving any Social Security earned while illegal.

- Criminalize immigrants who overstay their visas.

- Double the number of green cards issued to parents of U.S. citizens.

- Offer refugee protection to Iraqi religious minorities.

- Authorize 10 new judges in areas with a high number of immigration cases.

[Last modified June 21, 2007, 01:00:45]