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Encyclopedia > H.R. 4437
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."
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, Anti-terrorism, and Illegal Immigration Control Act of 2005) was a bill in the 109th United States Congress. It was passed by the United States House of Representatives on December 16, 2005 by a vote of 239 to 182 (with 92% of Republicans supporting, 82% of Democrats opposing), but did not pass the Senate. It was also known as the "Sensenbrenner Bill," for its sponsor in the House of Representatives, Wisconsin Republican Jim Sensenbrenner. 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. Image File history File linksMetadata Size of this preview: 800 × 600 pixel Image in higher resolution (1632 × 1224 pixel, file size: 738 KB, MIME type: image/jpeg) Photographed and uploaded by user:Geographer. ... Image File history File linksMetadata Size of this preview: 800 × 600 pixel Image in higher resolution (1632 × 1224 pixel, file size: 738 KB, MIME type: image/jpeg) Photographed and uploaded by user:Geographer. ... Intersection of Eagle Rock Boulevard and Colorado Boulevard. ... The 109th United States Congress was the meeting of the United Statess federal legislature, composed of the United States House of Representatives and the United States Senate. ... Seal of the House of Representatives The United States House of Representatives (or simply the House) is one of the two chambers of the United States Congress, the other being the Senate. ... -1... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ... The Republican Party is one of two major contemporary political parties in the United States, along with the Democratic Party. ... The Democratic Party is one of two major contemporary political parties in the United States; the other being the Republican Party. ... Seal of the U.S. Senate Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures State Courts Counties, Cities, and Towns Other countries Politics Portal      Senate composition following 2006 elections The United States Senate is... The Politics series Politics Portal This box:      House of Representatives is a name used for legislative bodies in many countries. ... Official language(s) None Capital Madison Largest city Milwaukee Area  Ranked 23rd  - Total 65,498 sq mi (169,790 km²)  - Width 260 miles (420 km)  - Length 310 miles (500 km)  - % water 17  - Latitude 42°30N to 47°3N  - Longitude 86°49W to 92°54W Population  Ranked... Frank James (Jim) Sensenbrenner, Jr. ... Thousands gather for immigrant rights rally in Nashville, Tennessee on March 29, 2006. ... Type Bicameralism Houses Senate House of Representatives United States Senate Majority Leader Harry Reid, D, since January 4, 2007 Speaker of the House Nancy Pelosi, D, since January 4, 2007 Members 535 plus 4 Delegates and 1 Resident Commissioner Political groups (as of November 7, 2006 elections) Democratic Party Republican... In 2004, United States President George W. Bush proposed a guest worker program to absorb migrant laborers who would otherwise come to the U.S. as illegal aliens. ...

Contents

Provisions

A series of articles on the

United States Immigration Debate In 2004, United States President George W. Bush proposed a guest worker program to absorb migrant laborers who would otherwise come to the U.S. as illegal aliens. ...

Issues

Illegal immigration
Trafficking in human beings
Labor shortage
Terrorism
U.S-Mexico Border
NAFTA
FTAA
Visa caps
Image File history File links US_Department_of_Homeland_Security_Seal. ... Illegal immigration to the United States refers to the act of moving to or settling in the United States temporarily or permanently in violation of U.S. immigration and nationality law. ... A poster from the Canadian Department of Justice Trafficking in human beings is the recruitment, transportation, transfer, harbouring or receipt of persons for the purpose of exploitation. ... A Labor shortage is an economic condition in which there are insufficient qualified candidates (employees) to fill the market-place demands for employment at any price. ... Terrorist redirects here. ... The border between Mexico and the United States spans four U.S. states, six Mexican states, and has over twenty commercial crossings. ... The North American Free Trade Area is the trade bloc created by the North American Free Trade Agreement (NAFTA) and its two supplements, the North American Agreement on Environmental Cooperation (NAAEC) and the North American Agreement on Labor Cooperation (NAALC), whose members are Canada, Mexico and the United States. ... This article or section needs to be updated. ... For the 1983 Genesis song, see Illegal Alien (song) Illegal immigration refers to migration across national borders in a way that violates the immigration laws of the destination country. ...

Proposed Solutions

STRIVE Act (2007)
DREAM Act
Guest worker program
H.R. 4437 (December 2005)
S. 2611 (May 2006)
Immigration reduction
Free migration
Legalization
Jackson Lee (2005)
McCain-Kennedy (2005)
SKILL (2006)
REAL ID (2005)
Border Fence (2006)
The Security Through Regularized Immigration and a Vibrant Economy Act of 2007 or STRIVE Act of 2007 is proposed United States legislation designed to address the problem of illegal immigration. ... The Development, Relief and Education for Alien Minors Act (also called The DREAM Act) is a bipartisan bill pending in the U.S. congress that would provide a path to legal status for individuals who were brought to the U.S. as undocumented children years ago but who since then... The Guest worker program is a program that has been proposed many times in the past and now also by U.S. President George W. Bush as a way to permit U.S. employers to sponsor non-U.S. citizens as laborers for approximately three years, to be deported afterwards... Senate Bill 2611 (Comprehensive Immigration Reform Act) (abbreviated CIRA), is a United States Senate bill dealing with immigration reform. ... Immigration reduction refers to movements active within the United States that advocate a reduction in the amount of immigration allowed into the United States or other countries. ... This article or section does not adequately cite its references or sources. ... Legalization is the process of removing a legal prohibition against something which is currently illegal. ... In 2004, United States President George W. Bush proposed a guest worker program to absorb migrant laborers who would otherwise come to the U.S. as illegal aliens. ... Secure America and Orderly Immigration Act (S. 1033) or the McCain-Kennedy Bill is a comprehensive immigration reform bill discussed in the United States Senate during the Summer of 2005, which was first of its kind since the early 2000s in incorporating legalization, guest worker programs, border enforcement components. ... S. 2691/ H. R. 5744, also known as the “Securing Knowledge Innovation and Leadership Act of 2006”, or the “SKIL Bill” from its acronym and rhyme, is targeted at increasing legal immigration of scientific, technology, engineering, and mathematics (STEM) workers into the United States by increasing the quotas on the... The REAL ID Act of 2005 is Division B of an act of the United States Congress entitled Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005, Pub. ... President George W. Bush signs the Secure Fence Act of 2006, in the Roosevelt Room on October 26, 2006. ...

Action

2006 Protests
In 2006, millions of people were involved in protests over a proposed reform to existing United States immigration laws. ...

Organizations

CCIR, NIF, FIRM, WAAA, NCLR, LULAC, FAIR, Minuteman Project, MCDC, Cal. CIR, SOS, CIS, NumbersUSA, ICE
NAOC Logo The Coalition for Comprehensive Immigration Reform (CCIR), also known as CCIR/NAOC or New American Opportunity Campaign is a non-profit immigrant rights advocacy organization based in Washington, DC, established in 2003 to pass comprehensive immigration reform. ... The National Immigration Forum was established in 1982, dedicated to increasing public support for admitting larger numbers of immigrants and refugees into the United States. ... The Center for Community Change (CCC) is one of the larger community building organizations in the United States. ... The We Are Americe Alliance (WAAA) is a national alliance of immigrant rights organizations and allies in the United States that work towards social justice, including comprehensive immigration reform and immigrants civic participation. ... The National Council of La Raza (NCLR) is a non-profit, and non-partisan political advocacy group in the United States. ... LULAC is an organization which strives for rights for Hispanic Americans. ... The Federation for American Immigration Reform (FAIR) is an immigration reduction organization in the United States, founded in 1979 by John Tanton. ... The Minuteman Project is a border security project started in April 2005 by a group of private United States individuals to monitor the United States–Mexico borders flow of illegal immigrants, although it has expanded to include the United States-Canada border as well. ... The Minuteman Civil Defense Corps, often confused with The Minuteman Project, Inc. ... California Coalition for Immigration Reform (CCIR) is a political advocacy group devoted to immigration reduction, based in Huntington Beach, California. ... Save Our State logo Save Our State redirects here. ... The Center for Immigration Studies (CIS) is a nonpartisan immigration reduction-oriented, non-profit research organization and was founded in 1985. ... NumbersUSA is an immigration reduction organization whose intent is to reduce United States annual immigration to pre-1965 levels, but without the country of origin quotas that were in place during this period. ... Immigration and Customs Enforcement logo Immigration and Customs Enforcement (ICE) is the largest investigative arm of the United States Department of Homeland Security (DHS) and is responsible for identifying and dismantling vulnerabilities regarding the nations border, economic, transportation and infrastructure security. ...

Past Laws

Naturalization Act (1795)
14th Amendment (1868)
Chinese Exclusion (1882)
Gentlemen's Agreement of 1907 Asian Exclusion (1924)
Bracero Program (1942-64)
INS Act (1965)
IRCA (1986)
IIRIRA (1996)
The first naturalization law in the United States was the 1795 Naturalization Act which restricted citizenship to free white persons who had resided in the country for five years. ... Amendment XIV in the National Archives The Fourteenth Amendment to the United States Constitution (Amendment XIV) is one of the post-Civil War amendments, intended to secure rights for former slaves. ... The Chinese Exclusion Act was a United States federal law passed on May 6, 1882, following 1880 revisions to the Burlingame Treaty of 1868. ... A Gentlemens agreement is an informal agreement between two parties. ... President Coolidge signs the immigration act on the White House South Lawn along with appropriation bills for the Veterans Bureau. ... The Bracero Program was originally a binational temporary contract labor program initiated, in August 1942, by an exchange of diplomatic notes between the United States and Mexico after a series of negotiations. ... It has been suggested that this article or section be merged into Immigration and Nationality Act. ... The Immigration Reform and Control Act (Simpson-Mazzoli Act, IRCA, Pub. ... The Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub. ...

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The bill as passed by the House of Representatives contains the following provisions, among others: [1] [2]

  • Requires up to 700 miles (1120 km) of fence along the US-Mexican border at points with the highest number of illegal border crossings. (House Amendment 648, authored by Duncan Hunter (R-CA52)
  • Requires the federal government to take custody of undocumented aliens detained by local authorities. This would end the practice of "catch and release", where federal officials sometimes instruct local law enforcement to release detained undocumented aliens because resources to prosecute them are not available. It also reimburses local agencies in the 29 counties along the border for costs related to detaining undocumented aliens. (Section 607)
  • Mandates employers to verify workers' legal status through electronic means, phased in over several years. Also requires reports to be sent to Congress one and two years after implementation to ensure that it is being used. (Title VII)
  • Eliminates the Diversity Immigrant Visa (also known as Green Card Lottery) program. (House Amendment 650, authored by Bob Goodlatte)
  • Prohibits grants to federal, state, or local government agencies that enact or maintain a sanctuary policy. (House Amendment 659, authored by Thomas Tancredo) (withdrawn 12/16/2005 by unanimous consent)
  • Incorporates satellite communications among immigration enforcement officials. (House Amendment 638, authored by John Carter)
  • Requires all United States Border Patrol uniforms to be made in the U.S. to avoid forgeries. (House Amendment 641, authored by Rick Renzi)
  • Institutes a timeline for deployment of US-VISIT to all land-based checkpoints. (House Amendment 642, authored by Michael N. Castle)
  • Requires the Department of Homeland Security (DHS) to report to Congress on the number of Other Than Mexicans (OTMs) apprehended and deported and the number of those from states that sponsor terrorism. (Section 401)
  • Formalizes Congressional condemnation of rapes by smugglers along the border and urges Mexico to take immediate action to prevent them. (House Amendment 647, authored by Ginny Brown-Waite)
  • Requires all undocumented aliens, before being deported, to pay a fine of $3,000 if they agree to leave voluntarily but do not adhere to the terms of their agreement. The grace period for voluntary departure is shortened to 60 days.
  • Requires DHS to conduct a study on the potential for border fencing on the US-Canada border.
  • Sets the minimum sentence for fraudulent documents at 10 years, fines, or both, with tougher sentencing in cases of aiding drug trafficking and terrorism.
  • Establishes a Fraudulent Documents Center within DHS.
  • Increases penalties for aggravated felonies and various frauds, including marriage fraud and document fraud.
  • Establishes an 18-month deadline for DHS to control the border, with a progress report due one year after enactment of the legislation.
  • Requires criminal record, terrorist watch list clearance, and fraudulent document checks for any illegal immigrant before being granted legal immigration status.
  • Reimburses states for aiding in immigration enforcement.
  • Causes housing of a removed alien to become a felony and sets the minimum prison sentence to three years.
  • Allows deportation of any undocumented alien convicted of driving under the influence (DUI).
  • Adds human trafficking and human smuggling to the money-laundering statute.
  • Increases penalties for employing undocumented workers to $7,500 for first time offenses, $15,000 for second offenses, and $40,000 for all subsequent offenses.
  • Prohibits accepting immigrants from any country which delays or refuses to accept its citizens who are deported from the United States (Section 404)

The international border between Mexico and the United States runs from San Diego, California, and Tijuana, Baja California, in the west to Matamoros, Tamaulipas, and Brownsville, Texas, in the east. ... Duncan Lee Hunter (born May 31, 1948), American politician, has been a Republican member of the House of Representatives since 1981 from Californias 52nd congressional district in northern and eastern San Diego. ... The Diversity Immigrant Visa program is a United States congressionally mandated lottery program for receiving a Green Card. ... Robert William Bob Goodlatte (born September 22, 1952) is a Republican U.S. Representative from Virginia. ... Tom Tancredo Thomas Gerard Tom Tancredo (born December 20, 1945) is an American politician from the Republican Party. ... John Carter may refer to: John Carter, Tennessee statesman and Chairman of the Watauga Petition. ... This article or section does not cite its references or sources. ... Richard George Rick Renzi (born June 11, 1958) is an American politician and has been a Republican member of the United States House of Representatives since 2003, representing the 1st District of Arizona (map). ... US-VISIT (United States Visitor and Immigrant Status Indicator Technology) is a program of the Department of Homeland Security of the United States of America aiming to protect the country from terrorist attacks by tightening the border security and recording the entry and exit of non-US citizens to and... Michael Newbold Mike Castle (born July 2, 1939) is an American lawyer and politician from Wilmington, in New Castle County, Delaware. ... The United States Department of Homeland Security (DHS) is a Cabinet department of the federal government of the United States that is concerned with protecting the American homeland and the safety of American citizens. ... Ginny Browne-Waite Virginia Brown-Waite (born October 5, 1943), American politician, has been a Republican member of the United States House of Representatives since 2003, representing the 5th District of Florida (map). ... Canada and the United States of America share the longest common border among any two countries that is not militarized or actively patrolled. ... This article or section does not cite its references or sources. ... Trafficking in human beings (or human trafficking) involves the movement of people (mostly women and children) against their will by means of force for the purpose of sexual or labor exploitation. ... Money laundering, the metaphorical cleaning of money with regard to appearances in law, is the practice of engaging in specific financial transactions in order to conceal the identity, source, and/or destination of money, and is a main operation of underground economy. ...

Prohibiting Aid to Undocumented People

It would be a crime to "assist" an undocumented person 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".[1] Furthermore, the prison term applicable to a removed alien, would also be applicable to anyone who "knowingly aids or assists" that alien "to reenter the United States".[2] While these clauses may be intended only to target smugglers, as written it includes any charity, church or neighbor of an undocumented alien, who aids that person to remain in the U.S., for example by providing food, clothing or shelter. These lollipops, above, were found to contain heroin when inspected by the DEA. Smuggling is illegal transport, in particular across a border. ... A charitable organization (also known as a charity) is a trust, company or unincorporated association established for charitable purposes only. ...


Current laws already prohibit "aiding and abetting" undocumented persons. This bill, however, is specifically intended to increase enforcement against human smugglers [3]. Yet in practice, this part of the bill could amount to a violation of human rights since in the case of a disaster citizens would be prohibited from providing humanitarian help to a segment of the affected population.


Debate

The House version of the bill was opposed by a variety of migrant, social justice, humanitarian, and religious organizations, and other groups. Among the criticisms raised by opposition groups are that the proposed legislation might 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. This article or section does not adequately cite its references or sources. ... Community policing is a political philosophy in which the police and police department are seen as members of the community, with police officers being part of where they live and work. ... This article or section does not cite its references or sources. ...


The bill does not specify one particular group over any other; passage of the bill would affect all illegal aliens living within the U.S. The fact that most of the protests to date have come largely from Mexican and Hispanic based population centers may stem from the fact that Hispanics are the largest illegal-immigrant group in the country. However the majority of non-Hispanic or non-Mexcian "legal" immigrants do not support the protests and completely support draconian measures to stop these scofflaws. The Hispanic world. ...


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. Opponents of the bill argue that it would also redefine undocumented illegal immigrants as felons, and punish anyone guilty of providing them assistance. In addition, it 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. Human rights are rights which some hold to be inalienable and belonging to all humans. ... In United States law, adopted from British law, due process (more fully due process of law) is the principle that the government must normally respect all of a persons legal rights instead of just some or most of those legal rights when the government deprives a person of life... A mandatory sentence is a judicial decision setting the punishment to be inflicted on a person convicted of a crime where judicial discretion is limited by law. ...


On the supportive side of the issue, it is argued that living illegally in the United States is civil infraction, and that this bill merely aims at re-cementing U.S. immigration codes that have long been neglected by changing the seriousness of the infraction from a civil to a criminal one. 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 numbers of deportations. It may increase the ease of deporting of people 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 immigrants that return voluntarily to their original countries, because they may have difficulty finding work, if higher employer fines and penalties have their intended effect. Operation Wetback was a 1954 project of the United States Immigration and Naturalization Service (INS) to remove about 80,000 illegal immigrants from the southwestern United States, with a focus on Mexican nationals. ...


Response

Millions of individuals have protested against the legislation because of the perception that it will result in mass deportation.[citation needed] 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. Thousands gather for illegal immigrant rights rally in Nashville, Tennessee on March 29, 2006. ... Deportation is the expelling of someone from a country. ... Seal of the U.S. Senate Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures State Courts Counties, Cities, and Towns Other countries Politics Portal      Senate composition following 2006 elections The United States Senate is... Senate Bill 2611 (Comprehensive Immigration Reform Act) (abbreviated CIRA), is a United States Senate bill dealing with immigration reform. ... A union (labor union in American English; trade union, sometimes trades union, in British English; either labour union or trade union in Canadian English) is a legal entity consisting of employees or workers having a common interest, such as all the assembly workers for one employer, or all the workers... The Guest worker program is a program that has been proposed many times in the past and now also by U.S. President George W. Bush as a way to permit U.S. employers to sponsor non-U.S. citizens as laborers for approximately three years, to be deported afterwards...


The debate has to an extent polarized opinions among U.S. citizens on illegal immigration. Gallup [4], CNN [5], CBS/New York Times [6], Los Angeles Times/Bloomberg [7], NBC/Wall Street Journal [8] and several other polls taken have consistently shown public support for the senate immigration bill allowing certain immigrants to earn legal status over the harsher H.R. 4437. However, The Center for Immigration Studies an anti-immigrant organization conducted a Zogby poll that showed that Americans supported the House approach of enforcement instead of the Senate comprehensive approach. [9] The Center for Immigration Studies (CIS) is a nonpartisan immigration reduction-oriented, non-profit research organization and was founded in 1985. ... John Zogby (born 1948) is a noted American political pollster. ...


"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. Not all the organizations in the immigration rights movement supported the boycott and resulted in varied participation rates. The effect the day had on the economy remains largely minimal. A flyer for the May 1st, 2006 Great American Boycott events in Los Angeles, California. ...


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. May 11 is the 131st day of the year in the Gregorian calendar (132nd in leap years). ... For the Manfred Mann album, see 2006 (album). ... Senate Bill 2611 (Comprehensive Immigration Reform Act) (abbreviated CIRA), is a United States Senate bill dealing with immigration reform. ...


On May 13, 2006, President George W. Bush asked the Pentagon to deploy the United States National Guard to assist border patrol agents. The deployment was to be limited to 6,000 troops. May 13 is the 133rd day of the year in the Gregorian calendar (134th in leap years). ... For the Manfred Mann album, see 2006 (album). ... George Walker Bush (born July 6, 1946) is the 43rd and current President of the United States, inaugurated on January 20, 2001. ... This article is about the U.S. military building. ... The United States National Guard is a component of the United States Army (the Army National Guard) and the United States Air Force (the Air National Guard). ...


Sources and notes

  1. ^ H.R. 4437, Section 202, amending 274(a)(1)(C), THOMAS (Library of Congress)
  2. ^ H.R. 4437, Section 205, THOMAS (Library of Congress)

See also

  • Anti-terrorism legislation

Anti-terrorism legislation designs all types of laws passed in the purported aim of fighting terrorism. ...

External links


 
 

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