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Immigration reform bill clears Senate, but faces roadblock in House

The Senate approved the bill by a 68-to-32 vote Thursday. But House leaders, including those supportive of the immigration reform effort, have said the Senate legislation won't get a hearing in their chamber.

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J. Scott Applewhite/AP
Sen. John McCain (R) of Arizona (l.) shakes hands with Sen. Charles Schumer (D) of New York (r.) on Capitol Hill in Washington, Thursday, June 27, 2013, prior to the final vote. The senators are two of the authors of the immigration reform bill crafted by the Senate's bipartisan 'Gang of Eight.'

Tense negotiations, months of deliberation, hundreds of amendments, and hours of speeches on the Senate floor culminated in passage of a bipartisan immigration reform bill on Thursday.

With Vice President Joe Biden presiding over the chamber, 68 senators 鈥 54 Democrats joined by 14 Republicans 鈥 rose from their chairs to vote for the most sweeping immigration reform overhaul to pass the chamber since 2006.

鈥淭his,鈥 says Sen. Lindsey Graham (R) of South Carolina, a member of the 鈥淕ang of Eight鈥 that crafted this year鈥檚 bill, 鈥渋s as good as it gets in the Senate.鈥

But one question hung over the heady proceedings: Would it all be in vain?

Without a single House Republican leader signaling an interest in taking up the Senate鈥檚 legislation, immigration reform鈥檚 road from broadly popular idea to legislation on President Obama鈥檚 desk is still as murky as ever.

鈥淭o our friends in the House, we ask for your consideration,鈥 said Sen. John McCain (R) of Arizona, plaintively, at a news conference after the vote. 鈥淲e stand ready to sit down and negotiate with you.鈥

The Senate bill鈥檚 limited appeal to the House isn鈥檛 for lack of trying to sweeten the deal for conservatives. The legislation carries an amendment struck by Republican Sens. Bob Corker of Tennessee and John Hoeven of North Dakota that, at an eye-popping cost of more than $40 billion, would nearly double the number of agents stationed along the US-Mexico border and authorize more than 700 miles of border fencing, among other requirements.

鈥淭his border-security measure blows my mind,鈥 Senator Graham says. 鈥淲e鈥檝e practically militarized the border.鈥

In addition, the Senate bill blocks the undocumented from receiving subsidies under Mr. Obama鈥檚 signature health-care law. Those in the United States illegally but seeking to become US citizens must wait 13 years and pay thousands of dollars in fines while being barred from receiving federal benefits.

In another nod to conservatives, none of the 11 million illegal immigrants in the country today would be allowed to become permanent residents until each of five 鈥渢riggers鈥 are hit:

  • Hiring the 鈥渟urge鈥 of more than 19,000 border agents.
  • Building the 750 miles of border fencing.
  • Establishing a nationwide E-Verify system for validating a person鈥檚 work authorization.
  • Making operational more than $4 billion in advanced border-security technology.
  • Bringing on line an advanced system of tracking entry and exit from the nation鈥檚 airports and seaports.

The bill likewise achieves two goals of the typically conservative-leaning corporate community: vastly expanding efforts to attract and retain high-skilled workers and opening up an entirely new class of visas for low-skilled foreign workers, including those in agricultural industries, to come to the US on a temporary basis.

But what rankles some conservatives is the central concession won by Democrats: The undocumented would be allowed to legalize, if provisionally, before all the bill鈥檚 many security measures are in place.

鈥淚 can tell you it鈥檚 going to make history because it鈥檚 going to make the same mistakes that we made in 1986 when we thought we were securing the border and we obviously didn鈥檛,鈥 says Sen. Charles Grassley (R) of Iowa, speaking of the 1986 immigration reform bill that legalized 3 million illegal immigrants but failed to secure the nation鈥檚 borders.

鈥淵ou find out [if] you reward illegality, and you get more of it by four times,鈥 says Senator Grassley, who voted for the 1986 bill signed by President Reagan. 鈥淚 don鈥檛 want to make that mistake again.鈥

There鈥檚 hope among the GOP that the House will achieve conservative goals that couldn鈥檛 get enough support in the Senate.

鈥淩emember, this is the beginning of the process, not the end,鈥 Senator Hoeven says. 鈥淚n other words, the House has to do something.鈥

But 鈥渟omething鈥 is almost certainly not inclusive of the Senate鈥檚 legislation. House leaders 鈥 including those supportive of the immigration reform effort like House Speaker John Boehner (R) of Ohio, Rep. Paul Ryan (R) of Wisconsin, and Rep. Ra煤l Labrador (R) of Idaho 鈥 have said the Senate bill won鈥檛 get a hearing in the House.

What exactly the House will do is still an open question. House Judiciary chairman Robert Goodlatte (R) of Virginia is moving a passel of bills that address parts of the immigration system, including interior enforcement of immigration laws and nationwide implementation of E-Verify. A bipartisan group of House members has cooked up a single, comprehensive bill on which a final accord has proved elusive for weeks.

But those options and others won鈥檛 be formed into a legislative plan no earlier than a GOP conference meeting devoted to immigration on July 10.

And with many conservative House Republicans balking at a Democratic red line of potential citizenship for the undocumented under any circumstances, it's anyone's guess whether lawmakers can reconcile the Senate bill with whatever legislation the House approves.

The perhaps grim fate of the Senate bill in an unrepentantly conservative House was clear on Thursday, even as senators were slapping one another on the back and paying tribute to Ted Kennedy, the late Massachusetts senator whose immigration reform efforts in 2006 and 2007 were indefatigable if, eventually, futile.

As the Gang of Eight assembled to face reporters after the vote, only six senators approached the podium.

Sen. Jeff Flake (R) of Arizona, who ascended to the Senate from the ranks of the House鈥檚 most fiscally conservative hawks earlier this year, was absent. So was Sen. Marco Rubio (R) of Florida, the man with presidential aspirations in 2016 who, like many new members of the House, was swept to office on the tea party wave of 2010.

The absence of the two Gang of Eight senators with the most cachet among House Republicans spoke volumes: For now, keeping immigration reform rolling may very well mean steering clear of the bill that the Senate fought so hard to pass.

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