House Bill Deals Heavy Blow on Undocumented and Advocates
January 01, 2006
The Border Protection, Antiterrorism and Illegal Immigration Control Act (House Bill No. 4437), co-sponsored by Reps. James Sensenbrenner (R-WI) and Peter King (R-NY) is said to be arguably the harshest piece of anti-immigrant legislation passed this generation. A brief overview of its salient provisions bears this observation out.
Overview
Under the Sensenbrenner-King bill, unlawful presence would no longer be just a civil violation. It would now be a new federal crime. Unlawful presence is so broadly defined as to include any violation of immigration law, whether it is minor, technical or intentional.
The bill also contains provisions that would consider aiding an undocumented immigrant an aggravated felony. As a result, relatives, co-workers, friends, attorneys, social service groups, immigrant rights advocates or churches assisting undocumented immigrants may be considered alien smugglers subject to the civil and criminal penalties imposed on those guilty of an aggravated felony. The bill also mandates the forfeiture of any property used to commit alien smuggling.
The threat of a crackdown on undocumented immigrants is imminent with provisions deputizing state and local police in immigration law enforcement. Employers are further required to verify the immigration status of new as well as long-time employees.
The bill does more than deal harshly with undocumented immigrants. It is decidedly against permanent residents as well. The Sensenbrenner-King bill imposes eligibility limitations that will make it harder for them to acquire US citizenship. Moreover, USCIS decisions are screened from review by the courts for errors or abuses of discretion.
The bill that passed the House included such other anti-immigrant provisions as removing the diversity visa lottery, construction of more border fencing, making a third DUI conviction a deportable offense, and increasing penalties for document fraud.
Thankfully, the amendment to include the removal of the fourth preference family-based immigration for siblings of US citizens did not pass muster.
Restrictionists in the House
The passage of the bill says a lot about the level of determination, energy and influence of the restrictionists in the House of Representatives. Despite the fact that the House had its own mirror bill for the Secure America and Orderly Immigration Act of 2005 for some time, the Sensenbrenner-King bill prevailed as the House’s own immigration reform measure.
The restrictionists in the House are by no means the majority. But their all-immigrants-are-potential-terrorists hype is way too loud and persistent to be ignored by the other members of the House.
Even if the immigration-terrorism equation is baseless, there is a lot of misguided patriotic appeal to be reaped from it. An uninformed public can easily fall for the fallacy that letting immigrants into our lives would make us vulnerable to terrorist attacks.
If unopposed, the restrictionists will continue to cloud the immigration reform debate with post 9/11 paranoia or anti-immigrant sentiments. To this extent, advocates of genuine immigration reform have their work cut out for them.
LULAC Class Members
To be considered a Newman (LULAC) class action member, the applicant must meet the Residency Requirement but his/her application was refused by the INS because s/he returned to the US from travel abroad with a visitor’s visa, student visa or any other type of visa or travel document, even if the applicant was otherwise eligible for legalization.
A person is also considered a Newman (LULAC) class action member if: (a) s/he (his/her parent or spouse) applied for employment permit under the Newman (LULAC) case; and (b) during the Application Period was turned away by the INS or its representative because s/he returned to the US from travel abroad with a visitor’s visa, student visa or any other type of visa or travel document, or was refused or unable to procure the legalization forms from the INS because of such travel; and (c) the applicant was otherwise qualified.
Advocacy
A full-blown information campaign on the impact of immigration on American society must be pursued in earnest.
We must let the American public know that a law that mandates a crackdown on undocumented immigrants and on those who assist or counsel them will not make America any safer than it is now. It will only drive undocumented immigrants further underground and fuel black market and false documentation activities. It will alienate the immigrant community and whittle away the civil and political rights of citizens and non-citizens alike.
We must let the public know that it is possible to discourage illegal immigration, to encourage undocumented immigrants to surface, to implement sound anti-terrorist measures and to integrate immigrants into American society without the harsh, strong-arm tactics proposed by Reps. Sensenbrenner and King.
We must relentlessly campaign for the comprehensive immigration reform embodied in the Secure America and Orderly Immigration Act and doggedly oppose patently anti-immigrant bills like the Sensenbrenner-King bill.
Along with over 200 groups nationwide who have opposed the bill, the Filipino American community should stand up and respectfully decline this Christmas present from the House of Representatives. As far as the Sensenbrenner-King bill is concerned, we say– Thanks, but no thanks.