The U.S. Senate passed the Budget Control Act of 2011 on Tuesday, after the bill was approved Monday by the Republican-controlled House of Representatives.

Forty-five Democrats, 28 Republicans and independent Sen. Joe Lieberman voted in favor of the bill. Nineteen Republicans, 6 Democrats and independent Sen. Bernie Sanders voted against the bill.

Among those Democrats voting against the bill were Sens. Kirsten Gillibrand (N.Y.), Bob Menendez (N.J.) and Ben Nelson (Neb.), all up for re-election in 2012 (Sanders, who caucuses with Democrats, is also up for re-election). Menendez said Monday that “I cannot in good conscience support a plan where soldiers, seniors, students, and working families must endure trillions in cuts, while oil companies, billionaires, and corporate jet owners are not asked to pay their fair share.”

Sen. Dean Heller (R-Nev.) and Sen. Orrin Hatch (R-Utah) were the Republicans up for re-election in 2012 who voted against the bill. Hatch, who could be facing a primary challenge from a more tea party-friendly candidate, said on the Senate floor Tuesday that he rejected the bill because it did not sufficiently cut spending.

Two members of the “Gang of Six,” a bipartisan group of senators that proposed their own $3.7 trillion deficit reduction package containing both spending cuts and revenue increases, voted against the final bill: Tom Coburn (R-Okla.) and Saxby Chambliss (R-Ga.).

In a statement after the vote, President Barack Obama said that the bill was an important first step, but that revenue increases for further deficit reduction are necessary. He also said that he would seek a jobs bill after Congress returns from their upcoming August recess.

Both Senate Majority Leader Harry Reid (D-Nev.) and House Speaker Nancy Pelosi (D-Calif.) have signaled they hope to hold votes this session on the act, which would allow some undocumented young people to gain legal status if they attended college or served in the military for two years.

Politico has the full readout from the meeting, which also states Obama’s continued commitment to comprehensive immigration reform “at the earliest opportunity”:

“The President reiterated his support for fixing the broken immigration system and urged the CHC leaders to work to restore the bipartisan coalition backing comprehensive immigration reform. The President repeated his hope that, with the election season’s pressures past, Congressional Republicans would work with their Democratic colleagues not only to strengthen security at the nation’s borders, but also to restore responsibility and accountability to what everyone agrees is a broken immigration system. The President reiterated his strong support for bipartisan Congressional action on immigration reform at the earliest opportunity, noting that the American people expect both parties to work together to tackle the challenges confronting our nation.”

Obama has consistently stated his support for the DREAM Act and comprehensive immigration reform. But with a likely tight vote ahead for the act in the Senate, Gutierrez said the president’s support is needed to ensure a united Democratic effort to pass the bill.

“With the White House, Majority Leader Harry Reid, Speaker Nancy Pelosi and every Democratic Leader in the House and Senate pulling in the same direction, we can pass the DREAM Act before the end of the 111th Congress,” he said in a press release after the meeting.

Right now, it is unclear whether all Democrats would vote for the DREAM Act, which is a problem given the Republicans’ larger share of the Senate after the newly elected Mark Kirk (R-Ill.) takes Obama’s former seat. At least five Democrats who voted against the DREAM Act in 2007 told The Hill they are still uncertain on how they would vote this year, and only two Republicans have said they would vote for the act as a standalone bill. Reid needs at least 60 votes to prevent a Republican filibuster — the tactic that took down the effort to insert the DREAM Act and a repeal of “Don’t Ask, Don’t Tell” into the defense authorization bill in September.

Now, the stakes are somewhat different: In the lame-duck session, Democrats are up against tight time constraints and an additional Republican senator, the recently elected Mark Kirk from Illinois, to pass any immigration bills. But Menendez still says the DREAM Act, which would allow some undocumented students and military service members to gain legal status, should be the fallback to passing a far more contentious comprehensive immigration reform bill:

“The White House is ready and willing, and we may be having another meeting with the White House very soon this week,” Menendez said on a conference call, adding that Obama is “clearly interested” trying to reach a deal on immigration before the Congress convenes. [...]

House Speaker Nancy Pelosi and Senate Majority Leader Harry Reid have said they would like to push for the DREAM Act, which would provide a path to citizenship for illegal immigrants who were brought to the country as children, during the lame-duck session.

Menendez said that although he supports the legislation, he would “like that to be a fallback.”

“I would not like to start there,” Menendez said. “I am a strong supporter of the DREAM Act. If that is all that can be achieved, then I certainly support the opportunity.”

Granted, Menendez has some good reasons to continue pushing for comprehensive immigration reform: He introduced a reform bill just before the pre-election recess, and with Republicans set to take over the House in January it may be the last chance for reform for a few years. Obama will likely state his support for immigration reform — one of his campaign promises — and the DREAM Act.

But given the difficulty of rounding up 60 votes for even the DREAM Act, Reid and Pelosi seem unlikely to push for comprehensive immigration reform. The likelihood of passing comprehensive immigration reform during the lame-duck session is very low, and DREAM Act supporters have argued the act should not be held hostage to broader reform efforts if those efforts cannot gain Republican support.

How often does document fraud actually happen? It’s tough to say — USCIS does not track incidents of fraud for immigration documents. Pro-enforcement groups such as Center for Immigration Studies claim document fraud is rampant and was partially to blame for the 9/11 terrorist attacks, when foreign nationals with driver’s licenses were able to board planes they later hijacked. (Of course, some states allow non-citizens to obtain driver’s licenses legally.)

The new documents would not prevent illegal immigrants from giving false Social Security numbers, but they would make it more difficult to fake naturalization documents. Some senators have argued Social Security cards also need a high-security overhaul to become more resistant to fraud. Sens. Chuck Schumer (D-N.Y.), Bob Menendez (D-N.J.) and Patrick Leahy (D-Vt.) have proposed biometric Social Security cards and criminal penalties for using fake Social Security numbers as part of their proposals for comprehensive immigration reform.

Although the bill may not go anywhere, it contains some measures that could be aimed at finding bipartisan support, including its first section on border enforcement. Republicans have made a call for border security a central part of their message on immigration reform. From the summary:

• Expands Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) staffing, in line with this review.
• Improves training and accountability for DHS border and immigration officers.
• Enhances cooperation with Canada and Mexico, as well as local law enforcement agencies, to improve border security and coordinate crime fighting.

The bill specifically places immigration in the hands of federal authorities, clarifying the legality of state immigration enforcement efforts such as Arizona’s SB 1070 immigration law.

The next section focuses on interior enforcement, attempting to make the system less exploitable and more humane toward legal and illegal immigrants:

• Requires DHS to track the departure of noncitizens to ensure that individuals do not overstay their visas.
• Denies “visa waiver” privileges to countries whose citizens attempt to overstay visas.
• Refines existing law on illegal entry, illegal reentry and voluntary departure of noncitizens to ensure enforcement of those provisions and heighten penalties for those who commit serious offenses. [...]
• Improves detention conditions to meet basic standards; expands secure alternatives to detention.
• Ends the waiting period for refugees and asylees to obtain green cards.

Third is a section on workplace enforcement. Like the blueprint created by Sens. Chuck Schumer (D-N.Y.) and Lindsey Graham (R-S.C.) this spring, the Menendez-Leahy bill calls for a fraud-resistant, tamper resistant Social Security card:

• Mandates the use of an employment verification system for all employers within five years. [...]
• Requires the Social Security Administration to create a reliable and secure way of verifying Social Security numbers and work authorization.
• Adds criminal penalties for fraud and misuse of Social Security numbers.

The remainder of the bill focuses on reforming the legal immigration system, which both sides agree is badly in need of improvement. The fourth section focuses on how visas will be determined and distributed, including the AgJOBS and Uniting American Families Act to improve the process for farm workers and foreign partners of gay and lesbian citizens:

• Creates a Standing Commission on Immigration, Labor Markets, and the National interest to evaluate labor market and economic conditions and recommend quotas for employment? based visa programs that Congress and the President would act on. [...]
• Creates the structure for a new nonimmigrant visa program (H?2C) to address gaps in existing worker programs that have lead to undocumented migration. [...]
• Significantly expands labor protections in current H?2A, H?2B, H?1B, and L?1 visa programs.
• Ensures that the number of family and employment green cards authorized by Congress do not expire because of processing delays; expands the share of visas that each country can access within existing quotas that limit overall immigration.
• Incorporates the AgJOBS bill, which provides a path to permanent residency for farm workers and revises agricultural employer sponsorship requirements.
• Incorporates the Uniting American Families Act, which allows permanent partners to access the family?based immigration system.

The next step is legalization for some of the 11 million illegal immigrants living in the U.S., which the Obama administration argues is necessary to maintain the economy, communities and families:

• Creates Lawful Prospective Immigrant (LPI) status for non?criminal undocumented immigrants living in the U.S. since 9/30/10. Requires applicants to submit biometric and biographical data, undergo security and law enforcement checks, and pay a $500 fine plus application fees. LPI status lasts four years and can be extended. It includes work authorization and permission to travel abroad; immediate family members are also eligible for status under the program. [...]
• Incorporates the DREAM Act, which creates a path to legal status for individuals who were brought to the U.S. illegally as children, provided they meet age and other criteria and enroll in college or the U.S. military.

In its final section, the bill establishes several programs to better integrate immigrants into American society and provide humanitarian aid to those who cannot enter:

• Enhances programs and policies to help immigrants learn English and U.S. civics, such as: tax credits for teachers of English language learners and businesses who provide such training for their employees; a revamped DHS Office of Citizenship and New Americans to assist with immigrant integration; and grants for states who work to successfully integrate newcomers. [...]
• Evaluates the factors that drive undocumented migration from key sending countries and requires the State Department to develop a strategy to reduce migration pressures.

The Uniting American Families Act establishes rights of same-sex couples to bring their foreign partners to the U.S. Under the current system, straight couples can petition for their foreign-born husbands or wives to move to the U.S. as legal residents, but gay and lesbians are denied the ability to petition for foreign partners — even in states that allow gay marriage.

There was some question over whether comprehensive immigration reform would include the measure. Reps. Luis Gutierrez (D-Ill.) and Mike Honda (D-Calif.) have pushed for the Uniting American Families Act to be included in comprehensive reform legislation, claiming it could broaden the support base for the bill.

But while many Catholic and other religious organizations support immigration reform, some argue they cannot support a bill with gay rights measures. “That would be a deal-breaker,” J. Kenneth Blackwell, a senior fellow at the evangelical Family Research Council, told the New York Times in July when asked about including same-sex family reunification in an immigration bill.

While it’s unclear whether this bill will go anywhere, advocates of gay rights and immigration reform applauded the inclusion of the Uniting American Families Act to Menendez’s bill.

“Senator Menendez’s bill will set the stage, in this Congress and the next, for a serious debate on fixing our broken immigration system,” Steve Ralls from the pro-LGBT Immigration Equality told The Advocate.

Menendez claims its a matter of good policy, and will demonstrate the differences between the two parties’ stances on immigration before the election:

“If you look at all of the polls, overwhelmingly, people want to see a resolution of the problem. They want to see our system reformed,” Menendez told POLITICO Tuesday. “So clearly, you see the difference between those who are willing to move forward and get a reform and [those who are] not, and for the Hispanic community, clearly they understand who stands on their side and [who does] not.”

It’s a message immigrants rights groups have pushed, too, in hopes that Democrats will win enough seats to pass comprehensive immigration reform down the line.

But even if it energizes the base for the future, many don’t expect it to go anywhere now. “Given the timing, given the lack of bipartisan support, I think it’s hard to get excited about it,” Marie Gonzalez, a DREAM Act supporter, told Politico.

Republicans, for their part, said they would not support a bill that included what they dismiss as “amnesty”: paths to citizenship for any of the 11 million illegal immigrants already in the country. “That’s a nonstarter,” Rep. Brian Bilbray (R-Calif.), chairman of the conservative House Immigration Reform Caucus, told Politico.

Menendez’s bill will likely be similar to a bill Sen. Chuck Schumer (D-N.Y.) offered this spring. Schumer’s bill included paths to citizenship and temporary worker program as well as an enforcement measures such as border security and employee verification.

“I think the White House, the Democrats, and the allies that support serious immigration reform are going on offense and the President is our quarterback,” Gutierrez said in a press release. “I have been pushing hard to get us all pointing in the same direction on this issue and now with the White House standing with us and the Senate poised to act, I think we are seeing that effort begin to bear fruit.”

Politico has more from after the meeting:

“The president committed to talk to senators,” she said. “We will encourage the community at large to help us, because next week is going to be a crucial week.” Echoing Obama, she called for an “up or down vote.”

Rep. Luis Gutierrez (D-Ill.) added that Obama made it clear that he would “leave no stone unturned.” He said they asked Obama to use the “full weight, the full might of the White House.”

“Let’s have a victory next week,” Gutierrez said.

Sen. Robert Menendez (D-N.J.) advocated for the defense authorization bill, in which the DREAM Act is contained. “I trust that Republicans will join us,” he said, noting that the issue has been bipartisan in the past. “A clean vote without amendments to it.”

“Now, I know that many of you campaigned hard for me, and understandably you’re frustrated that we have not been able to move this over the finish line yet,” he said. “I am too.”

He said he will continue to push for comprehensive immigration reform and pledged his support for the DREAM Act, a bill to help some undocumented young people gain legal status, which will be added to a defense authorization bill next week.

The administration has been vague on its timetable for pushing immigration reform. “This is in the hands of the Congress, and they will need to address this in a bipartisan way,” Department of Homeland Security Secretary Janet Napolitano said in August. “The timetable question should be addressed to them.”

It’s a fair point, of course — Obama can’t force Congress to pass legislation. But the White House could also put more pressure on Congress to focus on immigration-related issues.

Either way, it could have major implications for Democrat success among Latino voters this fall, and in the future, according to a July report. Latino voters want to see comprehensive immigration reform, and some said they would stay home from the polls in November if it doesn’t happen this year.

“You have every right to keep the heat on me and the Democrats, and I hope you do. That’s how our political process works,” Obama said last night. “But don’t forget who is standing with you, and who is standing against you. Don’t ever believe that this election coming up doesn’t matter.”

Obama will meet with Sen. Bob Menendez (D-N.J.) and Reps. Nydia Velazquez (D-N.Y.) and Luis Gutierrez (D-Ill.) today to discuss the DREAM Act and a comprehensive immigration reform bill Menendez plans to unveil in the Senate.

“Don’t all immigrants deserve the respect and relief that the Dreamers will get?” Velazquez, chairwoman of the Congressional Hispanic Caucus, said. “Definitely. And we won’t stop until we get comprehensive immigration reform.”

At a pro-reform meeting today, Menendez announced he will unveil a comprehensive reform bill, which the lawmakers said they hope to pass as soon as possible. (Prospects for passing a bill, of course, remain bleak, particularly with the current anti-immigrant fervor.) The three politicians said they will meet with President Obama tomorrow to discuss immigration issues.

“We need the president to speak loudly that when Bob Menendez introduces that bill, he will stand behind that bill,” Gutierrez said.

Gutierrez said he plans to ask Obama to freeze non-criminal deportations — particularly of parents of U.S. citizen children — until comprehensive immigration reform passes. This could provide security from deportation for a large number of illegal immigrants: There are 4 billion U.S.-born children of illegal immigrants, according to the latest estimates.

The DREAM act, which should go up for a vote as part of the defense bill next week, is “a step in the right direction,” Velazquez said. First, though, it needs to pass. “We need Republicans to stand up and say ‘yes’ to the DREAM Act next week and allow a vote,” Gutierrez said.

Advocates of comprehensive immigration reform were once wary of supporting the DREAM Act as a standalone measure because it could scare off future votes for comprehensive immigration reform. Mary Giovagnoli, director of Immigration Policy Center, told TWI recently that it is no longer clear how the DREAM Act’s passage would impact comprehensive reform efforts.

“We don’t have a good measure anymore of what will happen once we get something discreet like the DREAM Act passed,” she said. “But when the sky doesn’t fall in and if people still get re-elected after supporting DREAM, it may show members of Congress that leaning into the immigration issue and voting for comprehensive immigration reform could help them politically.”