Major Provisions of HR 4437
The
following is a summary of the major provisions of H.R. 4437,
the Border Protection, Anti-Terrorism, and Illegal Immigration
Control Act of 2005.
The
legislation passed the House of Representatives 239-182 on
Friday, December 16, 2005.
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“Unlawful presence” would now be considered a crime and a
felony, meaning that undocumented immigrants may have to
serve jail time and would be barred from future legal status
and from re-entry into the country.
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Immigrants, including asylum-seekers, victims of human
trafficking, victims of domestic abuse, and children who are
apprehended along an international border or at a
port-of-entry would be detained until such time as they are
removed from the nation or otherwise provided immigration
relief.
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Anyone
or any organization who “assists” an individual without
documentation “to reside in or remain” in the United States
knowingly or with “reckless disregard” as to the
individual’s legal status would be liable for criminal
penalties and five years in prison. This could include
church personnel who provide shelter or other basic needs
assistance to an undocumented individual. Property used in
this act would be subject to seizure and forfeiture.
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The
use of expedited removal, which would permit DHS enforcement
personnel to remove a potential asylum-seeker without
providing an opportunity to appear before an immigration
judge or qualified adjudicator, would be mandated within 100
miles of the border and within 14 days of a person’s entry
into the country.
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The
Department of Homeland Security (DHS) would be required to
erect up to 700 miles of fencing along the Southwest border
at points with the highest number of immigrant deaths.
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State
and local law enforcement are authorized to enforce federal
immigration laws. State and local governments which refuse
to participate would be subject to the loss of federal
funding.
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Asylum
seekers and refugees who are convicted of a minor offense,
such as petty theft, would be barred from permanent legal
residence and eventual citizenship.
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Document fraud would be considered an aggravated felony and
would subject an asylum-seeker to deportation and bars to
re-entry.
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Nationals from countries who do not accept the return of
aliens who commit crimes in this country would not be
admitted to the United States. This would include
countries such as China, Vietnam, and Cuba.
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DHS
would be given the authority to continue to detain
individuals who have served their sentences based upon a
determination that they are a “dangerous alien,” contrary to
Supreme Court rulings barring indefinite detention.
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The
diversity visa lottery program, which allows 50,000
immigrants each year from countries around the world to
permanently reside in the United States, is eliminated.
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Catholic Teaching on immigration
The Justice for immigrants Campaign is grounded
in the social teachings of the Church. The
excerpts that follow enumerate the most relevant
of Catholic Social Teachings on the issue of
migration. Thus, these teachings not only guide
the policy recommendations of Justice for
Immigrants, they also inspire believers to love
your neighbor as yourself.
These
excerpts are from
Strangers
No Longer: Together on the Journey of Hope,
a
joint statement from the Catholic Bishops of
Mexico and the United States.
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All persons have the right to find in their
own countries the economic, political, and
social opportunities to live in dignity and
achieve a full life through the use of their
God-given gifts. In this context, work that
provides a just, living wage is a basic
human need. (Page 15,
Paragraph 34)
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The Church recognizes the right of sovereign
nations to control their territories but
rejects such control when it is exerted
merely for the purpose of acquiring
additional wealth. More powerful economic
nations, which have the ability to protect
and feed their residents, have a stronger
obligation to accommodate migration flows.
(Page 15, Paragraph 36)
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The Church recognizes that all goods of the
earth belong to all people. When persons
cannot find employment in their country of
origin to support themselves and their
families, they have a right to find work
elsewhere in order to survive. Sovereign
nations should provide ways to accommodate
this right. (Page 15,
Paragraph 35)
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Those who flee wars and persecution should
be protected by the global community. This
requires, at a minimum, that migrants have a
right to claim refugee status without
incarceration and to have their claims fully
considered by a competent authority.
(Page 16, Paragraph 37)
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Regardless of their legal status, migrants,
like all persons, possess inherent human
dignity which should be respected.
Government policies that respect the basic
human rights of the undocumented are
necessary. (Page 16,
Paragraph 38)
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