There are many troubling pieces of this proposal -- including the expanded definition of an aggravated felony, mandatory detention for all immigrants detained at ports of entry or along international borders, the limiting of legal rights and due process for those charged with immigration violations, and the potential for more employer discrimination and abuse of workers. This legislation would perpetuate existing policies, practices and strategies that have failed to curtail unauthorized migration.
....Ironically, in this holiday season, some members of Congress are proposing one of the most mean-spirited immigration bills in decades to come before the floor of the House of Representatives. We urge you to reject H.R. 4437 in its entirety and to work for genuine solutions that respect rights and provide for the health and safety of our immigrant communities.
What would be better?
Our country can be safer and more secure only when civil rights and civil liberties are upheld for everyone, regardless of immigration or citizenship status, and the branding of immigration as a national security issue is stopped. H.R. 4437 does nothing to alleviate the immigration policy crisis and would only intensify the human suffering already taking place.
Change in U.S. immigration policy needs to incorporate a commitment to a genuine program to help regularize the status of undocumented immigrants, provide expanded avenues for legal immigration that is current with the real needs for family reunification. Changes in immigration policy should respect, not denigrate, the rights of immigrants. The U.S. has already dramatically increased its immigration enforcement programs and budget over the last 15 years or so. Since 1993, annual spending on border enforcement has increased from $740 million to $3.8 billion! What's needed in immigration enforcement is not more spending, but greater accountability and clear adherence to human and civil rights standards.
As to what's so bad:
Among other provisions, the bill would:
- Continues expanding the same border enforcement and militarization strategies that has resulted in over 4,000 migrant death since 1994.
- Expands the expedited deportation program
- Drastically expands the definition of an aggravated felony (deportable offense).
- Requires mandatory detention for all immigrants apprehended at ports of entry or along international borders until removal or a final decision in their case.
- Sets a minimum bond of $5,000 for anyone with a Notice to Appear.
- Overturns the Supreme Court's ruling in Zadvydas which limits long-term detention.
- Renders immigrants affiliated with gangs deportable and inadmissible, mandates their detention, bars them from asylum or Temporary Protected Status; gives the AG authority to designate gang members for immigration purposes.
- Limits immigrants' access to the circuit courts by creating a special review process for federal court appeals of immigration cases.
- Makes undocumented immigration status a crime
- Makes certain provisions of the REAL ID Act retroactive
- Includes Day Labor Sites in the employment verification system
And more.
[graphic by monk]