Senate Backs Cap on Immigration : Sets Limit of 630,000; Illegal Aliens Would Not Be Counted in 1990 Census

WASHINGTON — The Senate on Thursday night approved a bill that would overhaul the nation’s laws on legal immigration, establishing an annual cap of 630,000 immigrants in each of the next three years and opening the doors to more residents of Western Europe.

Passed on an 81-17 vote, the measure deals primarily with those who seek visas to enter this country. And, with the exception of a few amendments, it does not affect the landmark 1986 law that granted amnesty to illegal aliens.

“We have finally passed a long-needed reform of our country’s immigration laws for legal immigrants,” said Sen. Edward M. Kennedy (D-Mass.), a key sponsor of the bill. “In effect, we will no longer be short-changing people from some countries who have not been able to come to this country in such great numbers.”

Aliens and 1990 Census

The measure includes a provision that directs the secretary of commerce not to count illegal aliens as part of the 1990 census. The census count determines each state’s share of seats in the House of Representatives and is often used to apportion government grants. The provision is a setback for California and other border states that have large numbers of illegal alien residents.

The House is expected to take up its own version of the legislation later this year.

The Senate, reacting to the repression of pro-democracy demonstrators in China, also increased the annual immigration quota for Hong Kong to 10,000 from 5,000 and agreed to allow Chinese students studying in the United States to remain for four years. The bill permits them to qualify for legal residency without returning to China unless the President decides it is safe for them to return.

Under the immigration bill, there would be a national ceiling of 630,000 persons annually who could immigrate to the United States. The total would include 150,000 visas allocated to persons with special skills or education in high demand and 480,000 visas for the immediate and extended family members of U.S. citizens.

These guidelines would be in effect for three years, at the end of which Congress and the President could review immigration patterns and determine whether changes should be made in the number of visas granted for different categories.

Kennedy and other sponsors said that the Senate legislation would redress an imbalance in the current immigration system, under which about 85% of all U.S. visas are granted each year to persons from Latin American or Asian nations.

Will Open Doors

Most of these immigrants come to America to be reunited with family members who are already here. However, the new legislation would expand the number of visas reserved for skilled immigrants who do not typically have family members residing in the United States. That provision is expected to crack open the doors for Western Europeans.

Amid the flurry of amendments considered Thursday, the one prompting the most passionate debate involved barring illegal aliens from being counted in the census. That amendment, by Sen. Richard C. Shelby (D-Ala.), was approved by a voice vote. Earlier, the senators had voted, 58 to 41, against an attempt to kill the proposal.

“I don’t believe the founding fathers ever intended that aliens should be counted in the census and determine the political makeup of this country,” said Sen. Jesse Helms (R-N.C.), who joined with senators from other states that do not have large numbers of illegal aliens to approve Shelby’s controversial proposal.

If the measure becomes law, it could diminish sharply the number of congressional seats that California expected to receive as a result of the reapportionment that will be based on the 1990 census. The state, with a population estimated in 1987 at 27.7 million, is believed to have more than half of the nation’s 3 million to 8 million illegal aliens. In the next reapportionment, the state was expected to add five or more seats to its 45-member congressional delegation.

Although it is unclear how the House will react to the controversial census provision, Kennedy predicted that it would face “very strong opposition” in the other chamber.

Senators from states with large numbers of illegal aliens said that it is unconstitutional to ignore such individuals in the census, but others said that the majority of Americans would strongly support such an amendment.

Helms charged that, if the practice of counting such persons in the census continues, California and other states “will gain seats at North Carolina’s expense and other state’s expense, because people are breaking the law and entering this country illegally.”

However, Kennedy and other critics said that the Constitution requires census takers to count “all persons” living in a state, not merely citizens.

“The U.S. Constitution could not be more clear,” Kennedy said. “Every census in this country since 1790 has counted all persons in a state . . . we have counted people who were here legally and illegally. There’s no reason to stop now.”

Called Impractical

Sen. Paul Simon (D-Ill.) charged that Shelby’s amendment is impractical, because it would be difficult for census takers going door to door to determine if people are U.S. citizens.

In action it took as it worked on the bill, the Senate rejected a move to require English language proficiency for new visa applicants and defeated a bid to slash the number of visas reserved for the extended family members of U.S. citizens.

Senators also voted for a motion by Sen. J. James Exon (D-Neb.) barring direct federal benefits to illegal aliens. Although current law denies benefits such as welfare and food stamps to such persons, Exon said his amendment would close some loopholes, particularly those enabling some illegal aliens to receive Social Security payments.

Several senators failed in a bid to require many of the immigrants in the “skilled” categories to demonstrate English proficiency. Simon, who led the fight against such provisions, said that it is wrong to impose language requirements because many immigrants came to this country in the past without speaking English and went on to lead successful lives.

Amnesty Amendments

While the overall bill deals primarily with the “legal” immigration system, Exon and other senators attached amendments affecting key elements of the 1986 bill granting amnesty to illegal aliens. In particular, the Senate voted Wednesday to provide a stay of deportation for the immediate family members of persons who qualified for amnesty.

The provision would affect 1.5 million persons who did not qualify for amnesty protection and are currently living in fear of deportation, according to Sen. John H. Chafee (R-R.I.), who wrote the amendment.

At the same time, the House voted to make it easier for some Soviet and Indochinese to get into the United States as refugees. The bill passed on a 358-44 vote and was sent to the Senate.

The bill is intended to assist Soviet Jews, Soviet evangelical Christians and certain Indochinese aliens. The measure would help their admission by presuming that those groups are persecuted in their own countries, rather than placing the burden of proof of persecution on the individuals.