Immigration bill stalls amid calls for 'enforcement first'

The reform measure failed a key Senate vote Thursday. Its foes say the pressing need is to enforce existing laws – even if it makes life harder for illegal immigrants.

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Russell Pearce, a state lawmaker in Arizona and sponsor of a bill there to sanction employers who hire undocumented workers, calls this approach "attrition by enforcement." "One stop at a time [of a suspected illegal immigrant]. One employer at a time. Shut down the rides, turn down the lights, the crowd goes home," says Mr. Pearce.

Whether this approach could be effective, and at what cost in terms of both dollars and human misery, is hotly debated. Some insist it would not, in fact, empty America of illegal immigrants, but would only drive those here deeper underground, increasing the likelihood that they would be exploited and abused.

Critics of "enforcement only," in fact, say some laws on the books today are unenforceable. "To be able to enforce the law, we must have an enforceable law," Sen. Jon Kyl (R) of Arizona, an architect of the downed bill, had argued before Thursday's vote. He cited the law governing workplace enforcement as not providing a viable system. "If you don't have a good law to enforce, you can't work that strategy" of attrition.

Supporters of the "grand bargain" on immigration had said that if the Senate rejected this key procedural vote, immigration reform would be dead until new elections. But after the vote, Senate majority leader Harry Reid predicted: "It will come back. It's only a question of when. We're only six months into this Congress."

For the moment, though, faith in "enforcement first" – coupled with a Senate amendment process that angered some fence-sitting lawmakers – proved too potent for the forces of compromise to overcome. By the time the bill got through a bruising floor debate, it had made foes in both parties. While a core of GOP conservatives led the fight that toppled the bill, opposition was severe among Democrats, too.

What most riled conservative Republicans – and their fired-up constituents – was the proposed law's path to citizenship for people now in the US illegally. It would be 1986 all over again, they said, referring to the most recent US immigration-reform legislation. Those who had broken immigration laws would get to stay, and politicians in Washington would still not enforce their own immigration laws, they argued.

What most concerned populist Democrats was a new guest-worker program, which they said would undermine prospects for American workers. Some freshmen conservatives, who campaigned on the immigration issue, also needed convincing that Washington was serious about enforcement of immigration laws.

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(Mary Knox Merrill/Staff)
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