Controversial language likely to be cut from immigration bill

During rallies Monday in more than 60 cites across the country, immigrant advocates blasted a House-passed bill -- but the provisions in that legislation attracting the most ire are all but certain not to become law.

Immigrant advocates are particularly angered by language in the House bill that would make it a felony to be in the United States illegally. Even the author of the House bill has said the language will not survive in its current form if the Senate passes a bill, and the House bill goes to conference.

"The chairman has repeatedly said he would make sure that it is changed to a misdemeanor," said a spokesman for House Judiciary Committee Chairman James Sensenbrenner, R-Wis. That still may not settle the issue, since Democrats and some Republicans have argued that illegal presence -- such as when someone overstays a visa -- should not trigger criminal penalties, even as a misdemeanor.

The Senate Judiciary Committee's bill does not change the status of the violation for "illegal presence" from its current civil penalty, although a proposal by Senate Majority Leader Bill Frist, R-Tenn., would have made it a misdemeanor.

Another provision in the House-passed bill that has sparked anger would make it a felony to aid illegal immigrants. Meant to clamp down on human smugglers, the provision also could apply to individuals providing humanitarian assistance to illegal immigrants.

Sensenbrenner has said he would consider changing the language or the implementation of the bill if it became law to ensure that individuals offering humanitarian aid are not targeted. Still, some senators want more assurance, and the Senate committee bill includes language that would exempt such aid. Many House Republicans would be willing to go along with a stronger codified exemption, aides said.

"I don't think that would be the thing that would hold up a conference," one House GOP aide said. "We used language suggested by the Department of Justice," the Sensenbrenner spokesman said. "But if someone else has ideas for how to fill that loophole, certainly the chairman and everyone else working on this is open to that."

Although the Senate left for Congress' two-week Easter recess without passing an immigration bill -- even though the chamber came tantalizingly close to doing so late last week -- the Senate bills' sponsors insist the effort to pass a massive immigration bill this year is not dead.