This bill is the source of all the hysterics by the Pro Criminal Illegal Immigration supporters. A big problem I think, is the majority of the protestors haven’t read the bill, they believe the hyperbole that has been fed to them by the activists for the most part, because they seem rather clueless to me!
Firstly, here is a press release summarizing the bill which is the source of the current controversy, can be found here in the Senate in .pdf format. I will break it down from that.
H.R. 4437 will combat the hiring of illegal workers by providing all employers with a reliable method of determining whether employees are legally eligible to work. The provision is modeled on legislation (H.R. 19) introduced by Rep. Ken Calvert (R-Calif.) that makes mandatory an employment eligibility verification system currently voluntary. This program confirms or denies the authenticity of Social Security numbers offered by new hires. This legislation requires that all employers within two years will begin checking any new hires against this database and begin checking all hires within six years. H.R. 4437 also increases civil and criminal penalties for knowingly hiring or employing an illegal worker.
A good start, especially with increasing the penalties for hiring or employing illegal aliens.
H.R. 4437 also ends the “catch and release” policy whereby other than Mexicans (OTMs) caught illegally entering the U.S. are released into the U.S., never to be seen again. This legislation requires mandatory detention for all aliens apprehended at U.S. land borders
attempting to enter illegally and use of the expedited removal process for many of those caught.
This really irks me here, I wasn’t aware of this policy in the first place, that’s what I get for assuming there was some common sense somewhere in the government. I say at a minimum, send them back to Mexico if they don’t give the feds what country they are citizens of, or perhaps a “snafu” could arise, and accidentally send them to France to where they could live life happily in a socialists paradise suckling their governments teats rather than ours.
Increase Penalties for Alien Smuggling – Under current law, individuals convicted of alien smuggling crimes often receive lenient sentences. These provisions would greatly increase criminal penalties for alien smuggling by establishing mandatory minimum sentences, among other things. These provisions were recommended by a panel of border-area U.S. Attorneys to make it easier to deport smugglers and illegal entrants.
This is another no-brainer. They are a big part of the problem, the “coyotes” that smuggle the illegals across, often charge $3000 or more per person to get across, most immigrants don’t have that kind of money laying around (hell I don’t even have that and I work for a living) and then are forced to work in sweatshops or under other deplorable situations for years to pay off that debt, and usually their families in Mexico are held hostage by gangs to make sure they get their money. The “coyotes” are a big sources of abuse of immigrants. I may be against illegal aliens coming here, but they still have the right not to be abused in this manner by others for their gain. I feel this one doesn’t go far enough, I say when we catch one, find a tree close to the border and string them up as a example to the other “coyotes” and eventually the problem will cease.
Crackdown on Alien Gang Members – This provision incorporates H.R. 2933, introduced by Rep. Randy Forbes (R-Va.). This provision would render alien street gang members inadmissible and deportable, and authorize the Attorney General to designate groups as criminal street gangs if they meet certain criteria. This provision also mandates the detention of alien street gang members and bars alien gang members from receiving humanitarian benefits.
I think this one is mainly geared towards MS-13 (or also called Mara Salvatrucha), a growing extremely violent street gang with a estimated 8-10,000 members in at least 33 states, not including an unknown number of members who are still in Central America. The FBI has named MS-13 a top priority in the Criminal Enterprise Branch.
Increase Penalties for Aliens Reentering Illegally – Incorporates H.R. 3150, introduced by Rep. Darrell Issa (R-Calif.) that would stiffen penalties, including establishing mandatory minimum sentences, for aliens who reenter the United States after having been removed.
I am not too sure where I stand on this, as it doesn’t go too far into detail. I probably would prefer something like after 3 times your caught and sent back, you become ineligible for a green card for at least 5 years, and if your caught within that 5 year period, then you some time in jail, then extradited to France or Spain because of a scheduling mix up. 
Aggravated Felony Provisions – The provisions would make aggravated felons inadmissible and would bar refugees and asylees with aggravated felony convictions from receiving green cards.
No problems here…
Cooperation between Border Sheriffs and Federal Law Enforcement – Based upon Rep. Culberson’s (R-Tex.) “Border Law Enforcement Act of 2005″ (H.R. 4360), authorizes and reimburses local sheriffs in the 29 counties along the southern border to enforce the immigration laws if authorized under a separate written agreement pursuant to section 287(g) of the Immigration and Nationality Act (INA), and to transfer illegal aliens to federal custody. It also specifically reimburses those Sheriffs for costs associated with detaining illegal aliens whom they arrest until they are able to hand them over to federal authorities. This provision deems aliens in Sheriffs’ custody to be in federal custody once determined to be in an unlawful status.
Why hasn’t this been done already?
Increasing DHS Authority for Long-Term Detention – The U.S. Supreme Court has limited DHS’s ability to detain dangerous aliens with decisions that have forced hundreds of dangerous aliens, such as murderers, to be released into American communities. One alien released because of these Court decisions later shot a state trooper in the head. This change would amend the INA to allow for continued detention of aliens who pose a threat to Americans.
Again why is this even being brought up, it should have been done in the beginning.
Renewing DHS Authority to Use Reinstatement of Removal Process – In Morales-Izquierdo v. Ashcroft, the Ninth Circuit recently invalidated DHS reinstatement of removal regulations, which allows DHS to remove an alien previously deported by simply reinstating the alien’s prior order of removal. The House Judiciary Committee has been told that this procedure was used in some 90,000 cases last year, and the Ninth Circuit’s decision affects 40% of removals in the Ninth Circuit. This amendment to the INA would clarify DHS’s authority to reinstate orders.
A needed change in the system.
Barring Terrorist Aliens from Naturalization – This provision bars aliens who are terrorists or security risks from becoming U.S. citizens.
Pretty sad that we have to spell stuff like this out, common sense people…
Deportation for DUI – Render multiple DUI offenses a deportable offense for aliens.
Notice it says “multiple” offenses and not just one to keep everyone happy, how many times must they get caught before they run someone over or cause a horrific accident, get rid of them by the second offense, if they can’t follow something as simple as don’t drink and drive, they probably aren’t following other laws.
In closing, this resolution is a good start, but doesn’t go far enough. One of my biggest complaints, is that nothing is being done about the estimated 25 Billion Dollars being wired out of the country to by the illegals to other countries like Mexico. I say start taxing all electronic transfers of money out of this country by individuals, start at a 25% tax perhaps, or only if they can’t prove that they are here in the Country legally. Here in this area, we have a hospital, Natividad Medical Center, which provides care to the lower income and illegal immigrant community, but continually operates in the red. Now if we taxed these wire transfers we could theoretically keep open that hospital and others like which benefits the lower income families and illegal immigrants.
I also liked Sen. Frist’s idea earlier, make the illegal’s pay for their own background checks!
Glenn Reynolds has summed it up the best so far
I think that these marches just made passage of strict immigration laws much more likely.
UPDATE: Senate Cuts Part of the House bill, which states that
The Senate Judiciary Committee adopted an amendment by Sen. Dick Durbin, D-Ill., that would protect church and charitable groups, as well as individuals, from criminal prosecution for providing food, shelter, medical care and counseling to undocumented immigrants.
Cross Posted From Random Thoughts Of Yet Another Military Member
**This was a production of The Coalition Against Illegal Immigration (CAII). If you would like to participate, please go to the above link to learn more. Afterwards, email me and let me know at what level you would like to participate.
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