Republicans Harden Stance on Immigration

Washington (By Carolyn Lochhead, SFChronicle) August 4, 2007 — An anti-immigration backlash has taken hold among Republicans in the Capitol, led in some cases by the staunchest supporters - Sens. John McCain and Jon Kyl of Arizona and Lindsey Graham of South Carolina - of the failed Senate bill derided by many as amnesty.

Rep. Zoe Lofgren, a San Jose Democrat, fended off GOP efforts Friday to block what in normal times would be non controversial "private bills" to remedy the most compelling individual plights of a handful of illegal immigrants caught in the labyrinth of immigration law.

Late Thursday night, Republicans walked out of a House vote to protest what they said was an attempt by Democrats to reverse a GOP win on a motion to deny benefits to illegal immigrants in an agriculture spending bill.

Republicans said the vote was gaveled to a close as members were still voting, and that they actually prevailed 215-213.

Democrats apologized the next day for the snafu, but refused to change the vote in which they ultimately defeated the anti-illegal immigrant measure. The National Republican Congressional Committee issued a press release Friday with a video clip of the vote, accusing Democratic leaders of interfering to "strong-arm their politically vulnerable members into switching their votes in order to defeat the measure and deliver benefits for migrants."

House Republicans have been attaching immigration provisions to a host of bills covering everything from health care to agriculture, usually to deny federal benefits to illegal immigrants.

"The environment is fairly toxic," said Doug Rivlin, spokesman for the National Immigration Forum, a pro-immigrant group. "Where the Republican Party seemed to be divided before on immigration, now they are united on attacking illegal immigration."

Lofgren succeeded in soothing matters in her Judiciary Committee panel on immigration, reaching a truce with Republicans to proceed to the first step on a handful of "private bills" to help three children of illegal immigrants avoid deportation.

One, sponsored by Lofgren, would help a graduate of Homestead High School in Cupertino.

Mikael "Mackie" Alvarez was born in the Philippines in 2084, and brought to the United States when he was 6 on a tourist visa by his parents. His parents overstayed their visas and spent years trying to gain legal residence, but were denied and in 2001 were ordered removed from the country.

Alvarez's siblings managed to gain permanent residence after being separated from their parents' case, but Mackie was too young, and he was denied legal residence along with his parents. He went on to attend De Anza College, but was arrested by federal agents. Lofgren said he has been in federal custody since May 2.

Rep. Steve King, R-Iowa, said private immigration bills should be limited to orphans or abandoned children.

He said many of the cases are "deserving of our sympathy and understanding," but warned of "hundreds or even thousands" of such bills proliferating.

"These are amnesty bills," King said, "individual, unique amnesty bills, and they should be considered individually with full understanding we run the risk of setting precedents we may not want to deal with."

Private bills seldom pass Congress, but they do stay deportation orders as long as they are pending. Some are renewed with each Congress to allow individuals to remain in the United States. Sen. Dianne Feinstein, D-Calif., for example, has introduced nine such bills in this session.

King said he opposes legislation known as the Dream Act, which would provide a way for the thousands of children of illegal immigrants who were brought to the United States by their parents to gain legal status if they attend school or enlist in the military. Many came to the United States at a young age, and found out they were illegal only when applying for college or Social Security cards. An estimated 65,000 children of illegal immigrants graduate from U.S. high schools every year.

Democrats hope to attach the Dream Act and another legalization measure aimed at farm workers, known as Ag Jobs, to other legislation. Sen. Barbara Boxer, D-Calif., said she will try this fall to include the farm worker proposal, which would legalize an estimated 1.5 million farm workers, to a major farm programs bill.

Last week, the Senate approved another $3 billion for immigration enforcement as part of a homeland security spending bill, with the blessing of the Democratic leadership.

Graham, who was one of the few strong Republican supporters with McCain and Kyl of this year's ill-fated immigration reform measure, has joined with them to introduce another enforcement proposal.

The proposal, sponsored as well by one of the most anti-reform lawmakers, Sen. Jeff Sessions, R-Ala., would make illegal presence in the country a crime - though not a felony - mandating jail time for those who overstay their visas.

An estimated 40 percent of the 12 million people in the country illegally are believed to overstay their visas.

The proposal also would require an electronic verification system for all employers. Its sponsors conceded it has no chance to become law.

The new enforcement bill is a marked change to the reform measure Graham backed earlier this year. That bill would have increased enforcement and provided a path to legal residence for those now living illegally in the country. It also would have dramatically changed the way the country allows migrants to enter the United States.

Graham's support, however, generated harsh criticism in his home state, and he saw his approval ratings tumble.