Table 1 Details about the bills passed by the Senate and the House (source: The New York Times)

Legalization of undocumented immigrants

Would give illegal immigrants who have lived in the USA for 2 years or more a path to eventual citizenship. Illegal immigrants who have been here less than 2 years would be required to leave the country altogether. They could apply for the guest worker program, but they would not be guaranteed acceptance in it.

No provisions for legalization, although a conservative leader in the House, Representative Mike Pence, proposed a separate bill that would allow illegal immigrants to become guest workers, but not permanent residents or citizens.

Temporary worker program

Creates a guest worker program with a path to legal permanent residence.

In December, the House defied President Bush’s call for a guest worker program although the separate bill recently introduced by Mike Pence, the leader of the conservative caucus in the House, would allow illegal immigrants to become guest workers.

Number of guest workers to be admitted annually

Negotiations in the Senate bill have reduced the number of foreign guest workers to be admitted annually to 200,000 a year from 320,000.

No such provisions in the House bill.

Worksite enforcement

The legislation would require employers to use an electronic employment verification system that would distinguish between legal and illegal workers.

Requires employers to participate in an electronic employment eligibility verification system within 3 to 6 years.

Criminal penalties for existing illegal immigrants

Mandates penalties for smuggling aliens but offers exceptions for those who provide “humanitarian” assistance to immigrants, including medical care and housing. Also, illegal immigrants convicted of a felony or three misdemeanors would be deported.

Makes it a federal crime to live in the USA illegally. Individuals who help illegal immigrants to enter or stay in the country would also face criminal penalties.

Border security: fencing

The bill initially called for limited “double- or triple-layered fencing,” but as the debate progressed, the Senate added provisions for 350 miles of border fencing and 500 miles of vehicle barriers between the USA and Mexico.

Requires the construction of “at least two layers of reinforced fencing” as well as “physical barriers, roads, lighting, cameras and sensors” along approximately 700 miles of the US–Mexico border.

Border security: personnel

Increases the number of Border Patrol agents by 2,400 each year through 2011 to the current force of 11,300 agents.

Hires more Border Patrol agents “as expeditiously as possible.” Nearly 12,000 Border Patrol agents currently stand guard. Hires at least 250 active duty port of entry inspectors for each of the next 3 years.