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Senate: Most Illegal Migrants Can Stay

The Senate rejected a California Democrat's plan to allow the estimated 12 million illegal immigrants in the United States to remain, work and eventually become Americans, preserving a fragile bipartisan coalition needed to pass the bill.

Several lawmakers who voted against the proposal offered by Sen. Dianne Feinstein on Tuesday said they did so reluctantly, but out of necessity to ensure survival of the broader immigration bill. Although the legislation that would have allowed all illegal immigrants to stay in the United States is rejected, the Senate kept in place language allowing most illegal immigrants to stay, CBS News correspondent Bob Fuss reports.

The legislation is expected to win Senate passage on Wednesday or Thursday.

A bigger fight on the bill is still to come — when the House of Representatives and Senate meet to negotiate a compromise bill. The House passed an enforcement-only bill that makes illegal immigrants criminal felons, cracks down on hiring of illegal immigrants and steps up border security. It offers no path to citizenship or a guest worker program, which critics say is amnesty.

The Senate "legislation is on the edge of the ledge as it is," said Sen. Arlen Specter, R-Pa., one of the Republicans supporting a delicate compromise that has kept the bill alive — letting two-thirds of illegal immigrants stay but making the other third leave.

Feinstein's amendment, defeated 61-37, would have supplanted the compromise that allows illegal immigrants here for five years or more to stay and work for six years and seek legal residency after paying back taxes and fines and showing they were learning English.

"I have come to believe that the three-tiered system is unworkable, that it would create a bureaucratic nightmare and it would lead to substantial fraud," said Feinstein.

She offered the plan just before Senate Majority Leader Bill Frist, R-Tenn., set the stage for a preliminary vote Wednesday. The bill appears headed for passage.

Those in the country two to five years under the compromise would have to go to a point of entry, exit and file an application to return as a guest worker. Those here less than two years must leave the United States, but could apply from their native country to return as a guest worker and wait in line to get a visa.

Sen. Tom Harkin, D-Iowa, said the compromise bill could mean losing Latinos in his state who have helped revive some of its small towns by buying homes and starting small businesses.

The push for legislation comes after President Bush's Saturday message — the third this week on the topic of immigration — that asked for "dramatic improvements" in the way the United States controls its border with Mexico. The radio address was very similar to the prime-time speech the president made on May 15.

Mr. Bush is asking Congress to support funding that would allow the hiring of thousands of Border Patrol agents. He wants to see that additional manpower backed up with improved fences, infrared cameras and other advanced surveillance technologies. The White House has already asked Congress to approve $1.9-billion for border security improvements.

"This week I asked Congress to provide funding for dramatic improvements in manpower and technology at the border," Mr. Bush said Saturday.

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