America eyes two paths for illegal migrants

"Nobody should think that the current status quo - or going with an enforcement-only approach - will ever secure the borders," says Stewart Verdery, former assistant secretary of the Department of Homeland Security. "For the first time, this will give the border patrol an honest chance to find the true bad actors."

The issue elicits divided and deeply held reactions from Americans, who seem split over illegal immigration. Poll results vary widely. About 60 percent of Americans oppose allowing illegal immigrants to apply for legal, temporary-worker status, according to an NBC News-Wall Street Journal poll. But a Time magazine poll found that 78 percent say illegal immigrants who learn English, pay taxes, and have a job should have a shot at legal status.

Immigrants and their supporters, meanwhile, have taken to the streets in waves, trying to rally opposition to the tough House bill. Many also cheered the Senate Judiciary bill.

Santos, who has lived mostly in the US since he was 16, says he feels like an American. When he returned to Mexico to visit his ailing mother four years ago, he was caught reentering the US and was deported. He knew he was breaking the law when he sneaked in a few months later, he says, but felt he had no choice. "When you love your son, you just want to be with him," he says.

Like many illegal immigrants, Santos has always paid taxes and would gladly pay a fine if it meant he could stay here.

The Judiciary bill is not an automatic path to citizenship, say immigrant-rights advocates. In fact, some worry that the English-language requirement, in particular, will be an obstacle, because ESL (English as a Second Language) courses already are too few to meet demand.

The House and Senate propose different ways of resolving the status of as many as 12 million immigrants already in the US illegally. Both would change existing law.

House bill (approved in December)

• Makes illegal presence in the US a felony. Anyone convicted of being in the US illegally would never be allowed to reenter.

• Does not include a "guest worker" program for undocumented immigrants already in the US.

Senate Judiciary bill (vote pending)

• Allows illegal immigrants in the US as of January 2004 to apply for a six-year visa, without returning first to their countries of origin. The visa allows them to bring family. After six years, a visa holder may apply for permanent residency (and a green card) by:

- Demonstrating employment.

- Paying all back taxes and $2,000 in fines.

- Passing criminal background checks.

- Learning English.

- Waiting at the back of the line to receive a green card. Five years after obtaining a green card, he or she may apply for citizenship.

• Establishes a temporary worker program for 1.5 million agricultural jobs.

Current law

• Anyone in the United States illegally for more than 180 days cannot reenter the country for three years. A person in the US illegally for more than one year may not return for 10 years.

• Illegal presence in the US is a civil, not a criminal, offense. If apprehended, undocumented immigrants can demand a hearing to appeal deportation.

- From wire service reports

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