The Washington Post
March 13, 2002

'House Allows Illegal Immigrants Leeway'

By Juliet Eilperin

Overcoming resistance from within their ranks, House GOP leaders shepherded through legislation yesterday that would allow some illegal immigrants to remain in the United States while applying for permanent residency.

Yesterday's 275 to 137 vote marked a victory for President Bush, who had campaigned on the issue and pressed lawmakers to pass the bill before his meeting next week with Mexican President Vicente Fox. But debate on the measure -- which was coupled with new visa-screening requirements to spot suspected terrorists -- showed how last year's terrorist attacks have hardened some Republicans' opposition to more lenient immigration rules.

The House bill would revive the Section 245(i) program, which expired last April. The program allows undocumented immigrants to seek a visa that would grant them permanent residency if they pay a $ 1,000 fee and have a close relative or employer to sponsor them. Without the program, these immigrants would have to apply for visas from their home countries, where U.S. officials could delay them for up to 10 years because of their earlier, illegal U.S. stays. Under the bill, an immigrant's visa application would not trigger a government deportation effort. But the government still could deport such immigrants if they were apprehended for other reasons. Because of that, some immigration advocates have called the legislation flawed.

In a sense, the House vote was much closer than the margin suggests. The bill barely received the two-thirds majority it needed because it was included in the day's "suspension calendar," generally reserved for noncontroversial matters.

The Senate has passed a similar measure, but some senators may try to block it when supporters seek to reconcile the two versions. If it becomes law, it will represent the most significant pro-immigrant bill of this Congress, supporters say.

Democratic and Republican leaders, mindful of the message the bill sends to Mexico and to many U.S. Latino voters, have pushed for speedy passage. But yesterday's House debate highlighted GOP divisions regarding immigration. Many of those seeking visas under the 245(i) program have been Latinos, but the number of potential new applicants is unknown.

While Bush and several congressional allies say a more open immigration policy would stimulate the U.S. economy and the GOP's standing among Latinos, opponents contend it would merely encourage lawbreaking. Last year's terrorist strikes have exacerbated anti-immigration sentiment in Congress: A House caucus supporting new immigration restrictions has 62 members, compared with 16 before Sept. 11.

"September 11th brought home in the sharpest way possible that we have no control over our borders," said Rep. Tom Tancredo (R-Colo.), who chairs the Congressional Immigration Reform Caucus. "The White House is convinced this kind of pandering will actually result in a higher percentage of votes from minority communities. I adamantly disagree with them."

Several Republicans said yesterday that the measure would threaten national security. Rep. Dana Rohrabacher (R-Calif.) said it would undermine "this country's ability to find and deport the terrorists among us."

Rep. Chris Cannon (R-Utah), however, said the country stands to gain by letting these immigrants remain in the United States as they apply for residency. "This is no threat to national security," he said. "It advances our interests."

Bush appealed to congressional leaders to extend the 245(i) policy, identifying it during a recent closed-door meeting as a top 10 priority.

Under the House bill, illegal immigrants would be allowed to apply for residency if they had been in the country since Dec. 20, 2000, and had entered into a qualifying relationship with a close relative or employer before April 15, 2001. They could apply until Nov. 30, or four months after the attorney general issued regulations on the policy, whichever date came first.

Immigration advocates described such restrictions as too confusing and severe to help the millions of undocumented immigrants living in the United States.

Angela Kelley, deputy director of programs at the National Immigration Forum, called the bill "symbolically important but substantively paltry." Kelley, whose group represents business, labor, religious and ethnic leaders, argued that the administration should devote its efforts to reaching a broader immigration accord with Mexico.

But immigration opponents said they were confident they could block broader legalization programs for undocumented immigrants.

Lawmakers from both parties expressed support for the visa-security bill. It would require immigration officials to track foreign students more closely, issue tamper-resistant, biometric visas, and create a database of suspected terrorists.

Sen. Robert C. Byrd (D-W.Va.) has put a hold on the bill in the Senate, demanding a chance to debate it.