The 300-page bill had bipartisan support, with 38 Democrats and 23 Republicans voting for it. Its passage in a 62-36 vote sets the stage for negotiations between the Senate and House of Representatives toward a joint measure. Last December, the House approved a bill sponsored by Rep. James Sensenbrenner that would make it a felony for anyone to be in the United States without proper documents. It would also make “aiding” or “counseling” an undocumented immigrant a felony. No such provisions are contained in the Senate bill.

“This is a very difficult issue,” House majority leader John Boehner told the media, commenting on the prospects of a joint bill. “I don’t underestimate the difficulty of the House and Senate trying to come together in an agreement.”

The Senate bill would provide 200,000 temporary “guest worker” visas a year. It would also make eligible another 1.5 million immigrants for a special guest worker program in agriculture.

The limit on employment-based green cards, granting legal permanent residency, would be set at 650,000 a year, to include workers and their family members. This is an increase from the current cap of 140,000, which does not include family members.  
 
Three categories of undocumented
In relation to the 12 million undocumented currently living in the United States, the Senate bill divides them into three separate categories. Those who can prove they have been living in the country for five or more years—about 7 million people—would be granted residency after working as temporaries for another six years. They would then have to pass government background checks; pay at least $3,250 in fines, fees, and back taxes; pass an English proficiency test; and maintain their employment, effectively tying their status to their bosses.

Those in the United States from two to five years—about 3 million people—would be required to temporarily return to another country to apply for a work visa, enabling them to come back as guest workers.

Undocumented workers who have lived here less than two years—an estimated 2 million immigrants—would be ordered to leave the country.

In addition, undocumented immigrants convicted of a felony or three misdemeanors, no matter how long they have been living in the United States, could be deported. One provision of the Senate bill would set automatic grounds for removal from the country of immigrants who carry fraudulent documents, reported a May 26 Washington Post article.

At a May 25 news conference, Sen. John McCain hailed the passage of the Senate bill. A Republican from Arizona, McCain was the main sponsor of the measure along with Sen. Edward Kennedy, a Democrat. McCain said he had a message “to those who would cross our border illegally. We are going to close our border. We will make it impossible to cross our border. That’s our first and most important priority.”  
 
Tightening border with Mexico
The Senate bill authorizes construction of 370 miles of triple-layer fencing along the 2,000-mile U.S.-Mexico border, along with 500 miles of vehicle barriers. It adds 14,000 cops to the current Border Patrol force of 11,300 over the next five years.

The 6,000 National Guard troops that President Bush ordered to the border to assist in policing operations will begin arriving in early June, with about 800 soldiers being readied for duty. The Senate backed 21-day rotational stints, which over the course of a year will involve 100,000 National Guard troops.

The Senate legislation authorizes additional prison facilities for those being held for deportation. “The bill also would give Border Patrol officers new powers to jail and deport, without a judge’s review, immigrants suspected of having recently crossed into the country illegally,” the Post reported. Homeland Security Secretary Michael Chertoff is seeking a “systematic upgrading of the technology used in controlling the border,” reported the May 22 Defense News, a Pentagon publication. This is to include “increased manned aerial assets, expanded use of unmanned aerial vehicles, and next-generation detection technology,” he said. Chertoff “envisions building a ‘virtual fence’ that stretches 6,000 miles along the Mexican and Canadian borders” that he hopes will be in place by 2012, according to the Defense News.

The Senate proposal requires use of a new federal database to screen immigrant workers’ identity and job eligibility. Under this system, which is to be in place within 18 months, Social Security numbers and the immigration status of newly hired workers must be submitted electronically to the Department of Homeland Security for verification within three days.  
 
Reactions to Senate bill
Leaders of immigrant rights groups reacted differently to the Senate bill.

“This bill is not exactly what we expected. It divides the families and is too expensive for the immigrant community,” Martín Unzueta, organizer of the Chicago Workers Collaborative center and member of the March 10 Coalition, told the Militant in a May 30 phone interview. Stationing the National Guard on the Mexican border “is a mistake,” Unzueta said. “You can’t avoid people coming. All immigrants should have rights in the United States. Those who have been here two to three years won’t leave.”

Juan José Gutiérrez, a leader of Latino Movement USA in Los Angeles, told the Militant May 30 that the bill is “an historic achievement.”

Cecilio Santillana, 78, who worked in the Bracero “guest worker” Program from 1948 to 1964 said he opposes the Senate bill “because they may do to the new workers what they did to us. We suffered a lot. We had very bad housing, and we worked 10 to 12 hours a day with no breaks or days off.” Santillana is a member of Voluntarios de la Comunidad (Community Volunteers), which organized the May 1 protest of 100,000 in San Jose, California, for immigrant rights. He added, “We should legalize all the working people here and give them work.”

Immigrant rights organizations are building a national day of protest July 8 in Los Angeles, New York, Atlanta, Chicago, and many other cities, Jesse Díaz, a leader of the L.A. March 25 Coalition, told the Militant in a May 31 phone interview. “The actions are being called to oppose the immigration bills before both the Senate and House and to demand: full legalization of all 12 million undocumented workers, no guest worker program, no militarization of the border, and immediately ceasing the displacement of families,” he said. The actions are being initiated by a newly formed International Coalition for Liberty and Justice, Díaz said. More information can be obtained at www.March25coalition.org.

Gerardo Sánchez and Betsey Stone in San Francisco contributed to this article.
 
 
Related articles:
Lenin: ‘Immigration unites workers from all countries’
Oppose Senate immigration bill  
 
 
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