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H.R. 4437

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Radio Station advertisement in Spanish in East Los Angeles against the H.R.4437. Translation: "you've already heard enough about it, now let them hear your voice."
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Radio Station advertisement in Spanish in East Los Angeles against the H.R.4437. Translation: "you've already heard enough about it, now let them hear your voice."

House of Representatives bill 4437 (The Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005) was passed by the United States House of Representatives on December 16, 2005 by a vote of 239 to 182. It is also known as the "Sensenbrenner Bill," for its sponsor in the House of Representatives, Wisconsin Republican Jim Sensenbrenner. This bill is currently under consideration by the United States Senate, after amendment by the Senate Judiciary Committee. H.R. 4437 was the catalyst for the 2006 U.S. immigrant rights protests and was the first piece of legislation passed by a house of Congress in the United States immigration debate. Its parallel bill in the Senate is the S. 2611, The Comprehensive Immigration Reform Act.

Contents

Provisions

The bill as passed by the House of Representatives contains the following provisions, among others:[link] [link]

Prohibit Aid to Illegal Immigrants

It would be a crime to "assist" an illegal immigrant to "remain in the United States... knowing or in reckless disregard of the fact that such person is an alien who lacks lawful authority to reside in or remain in the United States".[H.R. 4437], Section 202, amending 274(a)(1)(C), THOMAS (Library of Congress) Furthermore, the prison term applicable to an illegal immigrant, would also be applicable to anyone who "knowingly aids or assists" that immigrant "to reenter the United States".[H.R. 4437], Section 205, THOMAS (Library of Congress) While these clauses may be intended only to target smugglers, as written it includes any charity, church or neighbor of an illegal alien, who aids the illegal alien to remain in the U.S., for example by providing food, clothing or shelter.

Laws currently on the books already prohibit "aiding and abetting" illegal aliens. This bill, however, is specifically intended to increase enforcement against human smugglers.[[Citing sources citation needed]]

Debate

The House version of the bill is opposed by a variety of migrant, social justice, humanitarian, and religious organizations, and other groups such as proponents of La Raza. Among the criticisms raised by opposition groups are that the proposed legislation will unfairly and harshly affect over 11 million illegal immigrants and those associated with them, that it includes measures which create substantial barriers to community policing, and that it represents the most draconian anti-immigration bill in nearly a century.

When discussing this bill it is important to note that the bill does not specify one particular group over any other; passage of the bill would affect all illegal aliens living within the US. The fact that most of the protests to date have come largely from Mexican and Hispanic based population centers stems from the fact that Mexicans are most likely the largest illegal-immigrant ethnic group in the country.

Detractors say the bill includes measures that will infringe on the human rights of asylum seekers by stripping important due process protections, criminalizing status over which they may have no control, and dramatically limiting their access to essential services. It would also redefine undocumented illegal immigrants as felons, and punish anyone guilty of providing them assistance. It also would create several new mandatory minimum penalties for a variety of offenses, including some that would expose humanitarian workers, public schoolteachers, church workers, and others whose only object is to provide relief and aid to five-year mandatory minimum prison sentences.

On the opposite side of the issue it is argued that living illegally in the United States is a crime, and that this bill merely aims at recementing US immigration codes that have for so long been neglected. Supporters of the bill argue that it will increase border security by providing more US Immigration and Customs Enforcement agents to the border, thereby helping to curtail any possible entry to the country by terrorists, and that the passage of this bill may help curtail drug trafficking and human trafficking from Mexico to the US by depriving smugglers of sources and contacts on the US side of the border.

Contrary to some reports, HR 4437 does not involve massive deportations. It may increase the ease of deportations of peoples caught by local law enforcement, but there are no provisions to actively search for illegal immigrants as happened during Operation Wetback. It may also increase the number of illegal immigrant that return voluntarily to their original countries, because they may have difficulty finding work, if higher employer fines and penalties were to have their intended effect.

Response

Millions of individuals, both illegal immigrants and supportive legal residents, have protested against the legislation because of the perception that it will result in mass deportation. Leaders in the movements involved have called for Congress to pass a bill that allows unauthorized immigrants to receive legal status. The United States Senate is considering bills (e.g. S. 2611) that will strike some of the provisions from H.R. 4437, such as the sections declaring illegal presence to be a felony and criminalizing aid to illegal aliens. In addition, many cities and counties have taken formal positions opposing the bill. Labor unions have also largely opposed the bill, though there is division among the labor movement as to whether to support a guest worker program, or amnesty to those currently present, two provisions currently in some of the Senate bills.

The Minuteman Project has taken a position supporting the bill as a first step to controlling the border. Additionally, the debate has to an extent polarized opinions among U.S. citizens on illegal immigration. The Center for Immigration Studies conducted a Zogby poll that showed that Americans supported the House approach of enforcement instead of the Senate comprehensive approach, by a tally of 64% to 30% (6% undecided). [link]

"A day without immigrants", where illegal immigrants and those who supported them were encouraged to abstain from buying anything and to skip work or school, was organized, taking place on Monday, May 1, 2006. The intention was to show the American public that their economy is helped by illegal immigrants. It resulted in at least one million marchers nationwide. Major marches were held in Los Angeles, New York, Chicago, while smaller events occurred in most states, most prominently in Pennsylvania, Virginia, and North Carolina. Crowds in Los Angeles were estimated at 600,000 for the two boycott marches. At the second largest protest, in Chicago, an estimated 400,000 attended. The effect the day had on the economy remains largely unknown.

On May 11, 2006, Senate leaders declared that they would try to pass an immigration bill of their own by the end of the month, S. 2611.

On May 13, 2006, President George Bush asked the Pentagon to deploy the National Guard to assist border patrol agents. The deployment was to be limited to 6,000 troops.

Sources and notes

External links

 

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