Last Tuesday Wisconsin Congressman James Sensenbrenner introduced legislation on the House floor that will greatly impact the South Asian American community as well as many other immigrant populations. The legislation is up for vote on Dec. 15th. The San Jose Mercury News reports on the bill:
Sensenbrenner’s measure combines the border security bill by homeland security chairman Rep. Peter King, R-N.Y. with several other enforcement provisions. The key non-border enforcement measure is patterned after a bill by Rep. Ken Calvert, R-Calif., to require employers to verify the Social Security numbers of their employees. Such a program is now voluntary.Sensenbrenner’s bill would give employers six years to use a federal data base to verify that all their employees are legally entitled to work here. Calvert’s bill would have applied only to new hires and phased in compliance.
Sensenbrenner’s bill also increases the penalties for employers found to hire illegal immigrants, with the minimum fine going from $250 per illegal worker to $5,000. Small business would have lower fines.
“If we do just this,” Calvert said Tuesday, “we’ll pick up about 95 percent of those who are using false documents” to get their jobs.
In reality though this bill will have the same effect as chasing a fly around the house with a baseball bat. The bill, if enacted into law, would not only punish illegal immigrants, but it would also punish almost everyone that they come into contact with (possibly even social service workers). This is pure politics. House Republicans need some issue to rally behind that appeals to their conservative base and will serve to take people’s minds off the war in Iraq. By allowing the anti-immigration wing of the Republican party to take center stage they have found their issue. For the final touch they pretend that this is also about helping to keep terrorists out of the country. As a bonus, Republican congressman uneasily eyeing elections next year, can put some space between themselves and President Bush who is partially on the other side of the fence (pun intended) from his own party on this issue, as he supports a guest worker program. Earlier today SAALT put out an alert asking the South Asian American community to immediately write their representative and senators and urge them to vote this down:
If passed, the bill threatens to have a harmful impact on non-citizens, legal residents, and citizens. If enacted, this bill will be the harshest immigration policy in 80 years. The bill was voted out of the House Judiciary Committee late last week. It is expected to be voted on by the entire House as early as Thursday of this week. The day to call your representative in the House is WEDNESDAY, DECEMBER 14th.
Here are some of the numerous problems with the Bill as asserted by SAALT:
The bill would make undocumented presence a crime.This provision can have an impact on many South Asians who are already out of status. It will also affect individuals who fall out of status temporarily (for failure to report a change of address within ten days, for example); or even students on F- 1 visas who drop below a full course load; or H-1B workers who lose their jobs and cannot find another job in a certain period of time.
The bill would criminalize U.S. citizens and legal immigrants who come into contact with undocumented immigrants in the course of their personal or professional lives
This could endanger advocates, social workers, lawyers, medical professionals, and others because the bill expands the scope of the federal criminal offenses of of smuggling, transporting, and/or harboring undocumented immigrants.
The bill would enhance the Department of Homeland Security’s powers to detain individuals considered dangerous indefinitely, with review every six months
This can have a harmful impact on individuals of South Asian descent who have already been targeted by various enforcement measures over the past four years
Is this a form of immigration reform?
The need for comprehensive immigration reform is more pressing now than ever before. However, “enforcement-only” bills like this one do not comprehensively fix our country’s broken immigration system.
There are several principles that organizations, including SAALT, have endorsed as the benchmarks for ensuring an effective and humane immigration reform policy. H.R. 4437 does not address reform in a comprehensive manner - instead, it threatens to make a broken immigration system even more chaotic, incomprehensible, and inconsistent.
What frightens me most is that if a legal immigrant who is here to work or study falls out of status because of some misunderstanding or bureaucratic mix-up, they will be treated as criminals. You can lock them up and throw away the key for six months at a time. We all know how that went following 9/11. In addition, by making all current illegal immigrants officially “criminals,” this may also serve to eliminate them for consideration in any future guest worker program or legal immigration, because they would then have a criminal record in the U.S. Currently, being an illegal immigrant is cause for a civil offense instead of a federal crime.
The ACLU released a point by point memo on why H.R. 4437 is a disaster. Here is an excerpt (read the whole thing):
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Enforcement only doesn’t work. More money and agents hasn’t led to fewer undocumented immigrants. From 1993 to 2004, the number of Border Patrol agents tripled (from about 4000 to about 11,000) and the amount of spending has gone up five times (from $740 million to $3.8 billion), yet the number of undocumented immigrants doubled (from 4.5 million to 9.3 million).
- Enforcement only has led to terrible numbers of migrant deaths. Barriers, more agents, and more militarization of the border has not stopped illegal immigration on the Southwest border, but has instead shifted such immigration to ever more remote and dangerous areas of the border. Migrants crossing at “non-traditional” sectors increased from 29% in 1988 to 64% in 2002. Nearly 2000 have died during that same period (1988 to 2002).
- More of the same old solutions will not solve our immigration problems. It will, however, continue to erode the basic civil liberties and human rights not only of migrants, but of legal immigrants and citizens. It will also continue the troubling trend of putting border agencies outside meaningful court oversight that is needed to make sure those agencies observe the law.
Please write your representatives on Dec. 14th. Go to the SAALT website if you need help on what to include in your letter/email/phonecall.
Related Post: Let me see your papers



