Fri, Jul. 14, 2006
By PATRICK McGEE
STAR-TELEGRAM STAFF WRITER
Noberto, Jairo and Maria all broke the same law, but under the U.S. Senate's version of immigration reform they would be treated very differently.
The bill, which passed the Senate in May, sets penalties -- and opens a few doors -- based on how long illegal immigrants have been in this country.
Noberto, a construction worker who lives in Arlington, entered more than five years ago. He would get to stay and eventually get a shot at citizenship -- after getting over some hurdles.
Jairo, who washes cars in Dallas where he lives, would have to leave the country and apply for re-entry because he entered between two and five years ago.
Maria, who is unemployed and lives with her family in a small Dallas apartment, would have to leave the country because she came here less than two years ago.
Some experts say Noberto, Jairo and Maria could wait a long time for an answer about their future. The Senate bill is at odds with a much stricter House bill that would make all illegal immigrants felons.
"I think the House has basically taken the position that they don't want to see a bill voted out of this Congress. ... That's going to mean a huge delay," said James Hollifield, director of the John Goodwin Tower Center for Political Studies at Southern Methodist University in Dallas.
Valerie Martinez-Ebers, an associate political science professor at Texas Christian University, said she thinks the Senate bill might get watered down in congressional hearings going on now.
She said tougher border enforcement is most likely to emerge from Congress because that's where there's the most agreement.
But Tamar Jacoby, an immigration expert at the Manhattan Institute, a think tank in New York, said Republicans might come under public pressure to do something on immigration, and they can't come up with excuses since they control the House, Senate and White House.
What Congress does is crucial to nearly 12 million illegal immigrants estimated to be in the U.S. who are hoping for a way to legalize their status. Most immigrants can only get into the country legally through an employer who sponsors their visa or through a family member who is here legally, said Xergio Ly Chacin, program coordinator of Catholic Charities' Immigration Consultation Services in Fort Worth.
Millions including Noberto, Jairo and Maria simply entered the country without these connections.
Noberto and Maria are from Mexico. Jairo is from El Salvador. All asked not to use their last names because of their immigration status.
None of them speak English, but they all said they'd like to make America their permanent home -- with the ability to travel freely to their home countries.
Jairo pointed to the large American flag pinned to his dining room wall and talked about how he loves America's freedom and diversity. Maria came here to be with her immediate family, all of whom are in Dallas. Noberto, 34, said it'd be hard to leave because his two children were born here.
If the Senate bill becomes law, he'll have a shot at becoming a citizen, but not without working for it.
He would have to learn English and pay at least $3,250 in fines and fees, and pay any back taxes.
"I'm willing to pay the $3,000 or $4,000," he said. "It's a lot of money, but a lot of people are willing to pay it."
He said illegal immigrants think it's worth it because human smugglers demand $2,000 or more for each border crossing.
That could go up if Congress increases border security as expected and immigrating illegally becomes even harder.
Citizenship, or even legal residency, would allow immigrants to travel without restrictions.
Noberto said he would make an effort to learn English, too.
"To learn English, I think it's necessary for all of us to learn so we can communicate better with the people here," he said, adding that he's learning some words from Mexican friends who took English classes.
Noberto wonders, however, about paying the back taxes. What if the government owes a return? Will the immigrant get it?
Jairo, 23, is even more anxious. The Senate bill would require him to leave the country and apply for re-entry. Jairo said too many immigrants have children, jobs and bills in the United States to just leave without assurances that they can come back.
"If there isn't a guarantee, no one is going to accept it because it's going to be a lie," he said.
But Maria, 53, said she would leave. She's only been here for a little more than a year, which means she would have to leave under the bill. She said she could not bear being permanently on the wrong side of the law.
"I don't want to feel persecuted or fearful," she said, adding that she would not want be a burden on her family.
She hopes for a bill that will open doors for all immigrants.
"We are people who want to work. We're not looking for anything bad," she said. "I know we are breaking laws, but it's for a necessity. It's not to bother the authorities."
IN THE KNOW
The Senate immigration bill
The Senate immigration bill treats illegal immigrants differently based on how long they have been here.
Illegal immigrants here for more than five years could stay and continue working. They could eventually apply for citizenship, paying at least $3,250 in fines and fees. They would also have to pay back taxes and learn English.
Illegal immigrants here for more than two but less than five years would be required to leave the U.S. and apply for re-entry. Applying for citizenship would be a much longer process for them.
Illegal immigrants here less than two years would be required to leave with no guarantee of return. They could apply for the guest worker program -- like other foreigners.
SOURCES: National Immigration Law Center and the Migration Policy Institute
