Q+A: Immigration reform and tough Arizona law

(Reuters) - Democrats in the Senate are considering an attempt to reform immigration laws, an issue that has become heated after Arizona approved a tough new law against illegal immigration last week.

WHY IS THE NEW ARIZONA LAW SO CONTROVERSIAL?

The law requires state and local police to determine if people are in the country illegally, previously a function carried out by U.S. federal immigration police and some local forces. Critics of the law argue that it is unconstitutional and a mandate for racial profiling, and fear it will destroy trust between Hispanic communities and law enforcement in the border state.

WILL OTHER STATES IMPLEMENT SIMILAR LAWS?

The National Conference of State Legislatures says other states may look at similar measures, although the prospect of costly legal challenges and controversy generated by the Arizona law means that it will go slowly. Cost is an important issue in these tight budget times.

HOW MANY ILLEGAL IMMIGRANTS ARE IN ARIZONA AND WHAT WILL

THEY DO NOW?

There are some 10.8 million illegal immigrants living and working in the United States, an estimated 460,000 of them in Arizona. The state's immigration law is slated to take effect 90 days after the current legislative session adjourns.

The state's shadow workforce is weighing its options. Some illegal immigrants say they will wait and see how the law is implemented, others plan to move to other states or return to their countries of origin.

WHAT DOES THE IMMIGRATION CONTROVERSY MEAN FOR SENATOR JOHN

MCCAIN AT THE NOVEMBER CONGRESSIONAL ELECTIONS?

McCain faces his most serious challenge to date in the Arizona Republican primary from fiery conservative J.D. Hayworth, a former congressman and radio host, who is appealing to the party's right-wing base in the state. Moving to the right in the primary, McCain has said that the state's tough immigration law showed frustration "over the federal government's failure to carry out its responsibility and secure the border."

WHAT ARE CHANCES OF U.S. CONGRESS PASSING REFORM BILL?

Senate Democratic leader Harry Reid has raised the possibility the Senate will take up immigration reform next once it finishes with financial regulatory reform -- elevating the issue as campaigns for November's congressional elections begin to heat up.

But it is unclear if the 100-member Senate has the 60 votes needed to pass an immigration bill. Republican Senator Lindsey Graham, who had been working for months with Democratic Senator Charles Schumer on a bill, said an election year was not the right time to debate such a divisive issue.

"If you bring up immigration this year ... you have really done damage to immigration prospects in the future. You have taken the country and pitted it against each other," Graham said.

If it passed the Senate, the proposal would face tough going in the House of Representatives, where dozens of conservative Democrats who represent Republican-leaning districts would be hesitant to support an issue certain to inflame conservatives and alienate some independents.

WHICH PARTY WOULD BENEFIT FROM IMMIGRATION DEBATE?

Both parties face significant political risks from a polarizing immigration debate. Republicans could lose more ground with Hispanics, the biggest and fastest-growing minority, creating long-term political difficulties.

Republican President George W. Bush had made significant inroads with Hispanics, winning more than 40 percent of their votes in 2004. But after Republicans helped kill immigration reform in Congress, Hispanics flocked to Democrat Barack Obama in 2008.

Obama won Hispanics by a margin of more than 2-to-1 over Republican John McCain, and they were credited with fueling his win in New Mexico, and helping in Nevada, Colorado and elsewhere.

In addition to Reid, an energized pro-Democratic Hispanic vote could be crucial in competitive Senate races in Colorado and California.

But dozens of endangered Democrats in conservative districts, already at risk after casting tough votes for healthcare reform and more spending, would be even bigger targets for grassroots conservative activists.

The issue also could keep Democrats from talking about their favorite campaign topic -- efforts to rejuvenate the economy and jobs.

WHAT WOULD IMMIGRATION REFORM LOOK LIKE?

Graham and Schumer have been discussing a bill that would bolster border security, create a new process for admitting temporary workers and implement a "tough but fair path" to U.S. citizenship for the nearly 11 million illegal immigrants.

Reid could declare talks stalled and offer a bill of his own, but any Democratic-backed bill would be certain to include a path to citizenship -- a provision that will draw sharp Republican opposition.

(Reporting by John Whitesides in Washington and Tim Gaynor in Arizona; Editing by Eric Walsh)