The president supports it. So do many members of both parties of
Congress. But the immigration program known as 245(i) keeps running into
powerful enemies"”and just plain bad luck.

Senator Edward M. Kennedy, D-Mass., has given up, at least for this
Congress, on extending 245(i), which allows illegal immigrants to apply for
permanent residency without having to return to their home countries. It
expired last year.

The program, which supporters say keeps families together, is popular with
the Hispanic electorate, whose votes both parties covet. The House was
poised to pass a bill (HR 1885) to extend 245(i) just as the September 11
terrorists struck. It was pulled from the floor as lawmakers fled the Capitol.

The House eventually approved the extension. But in the Senate, Robert C.
Byrd, D.-W.Va., has blocked attempts to bring it up, including a plan to
add it to the Commerce-Justice-State appropriations bill (S 2778). Byrd
says the program rewards lawbreakers.

Said Kennedy spokeswoman Stephanie Cutter: "Given the remaining schedule
and the limited time frame, it makes it very unlikely we will be able to
make any progress on 245(i)."