A House version of immigration reform would contain tougher border security measures than the Senate’s amended bill but could ultimately be derailed by the Affordable Care Act, one House Republican involved in the negotiations said Wednesday.
Republicans in both chambers have criticized the Senate Gang of Eight’s immigration proposal for its legalization first, border enforcement later approach.
Sens. Bob Corker (R., Tenn.) and John Hoeven (R., N.D.) attempted to allay those concerns by introducing a "border surge" amendment that would devote about $46 billion to hiring almost 20,000 additional U.S. Border Patrol agents and constructing 700 miles of fencing. That amendment received approval Monday and the bill could pass the Senate by the end of this week.
House Republicans counter that the amended bill still fails to fully secure the border and discourage future illegal immigration before legalizing 11 million undocumented immigrants. They noted that the Senate bill authorizes the secretary of homeland security to waive the requirements for a border fence, for example, during a "Conversations with Conservatives" event in the Rayburn House Office Building.
"[Janet] Napolitano has already testified before Congress and said it isn’t necessary and that our border is secure," said Rep. Raul Labrador (R., Idaho).
Another non-starter for House Republicans is the potential effect of the Affordable Care Act, commonly known as Obamacare, on the hiring of legalized immigrants.
Recent reports have suggested that businesses might actually prefer to employ legal non-citizens over Americans because they would not qualify for subsidies on Obamacare’s health exchanges, which Labrador called an "unintended consequence" of the law. Businesses with more than 50 workers that do not offer them qualifying health insurance could face fines of up to $3,000 per worker.
"That is a real concern, and I have always said that at the end of the day it might be Obamacare that kills immigration reform," Labrador said.
Congress risks passing "immigration reform that the American people will not support" if lawmakers do not find a way to address the benefits issue, Labrador said. He referenced a recent National Journal poll in which 77 percent of respondents opposed making government benefits available to legalized immigrants, including 80 percent of independents and 65 percent of Democrats.
Labrador has been working with representatives on the House Judiciary Committee to propose a number of separate immigrations bills, including ones addressing border security, agricultural guest workers, and an employment verification system for businesses.
Yet opposition among some Republicans to any path to citizenship for illegal immigrants, a proposal that Gang of Eight members like Sen. Chuck Schumer (D., N.Y.) insist must be included, attests to the difficulties both chambers face in passing a final immigration bill. Rep. Matt Salmon (R., Ariz.) said many illegal immigrants in his district are more concerned about whether they have a job.
"They just want the ability to be able to work here," he said.