Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005–HR 4437

December 20, 2005

Legislation

Scripture and Catholic social tradition call us to fairness and hospitality. The new “border security” bill (HR 4437) introduced by Representative James Sensenbrenner (R-5-Wisc.) December 6 and passed by the House of Representatives on December 16 introduces harsh new penalties for undocumented persons in the United State and for those who show them compassion.

Unlike the Secure America and Orderly Immigration Act which NETWORK supports, HR 4437 does nothing to address the cause of undocumented migration. Instead, HR 4437 focuses on an “enforcement only” approach which will most likely further marginalize undocumented immigrants and those who have contact with them.

Implications

• HR 4437 classifies unlawful presence as an “aggravated felony,” (a change from current law which classifies it as a civil offence). This new criminal status will subject undocumented immigrants to imprisonment, deportation without a hearing, and will prevent them from ever becoming a legal resident of the United States.
• Those who employ, work with, or otherwise assist undocumented immigrants, even for humanitarian purposes, could be prosecuted as human traffickers.
• Local police forces would now be authorized to enforce federal immigration law leading to even more distrust between immigrant communities and local authorities. When residents cannot trust local police, life becomes more dangerous for everyone involved.
• The new employment eligibility verification system proposed in HR 4437 has proved extremely unreliable in test cases leading to several “false positives” where an eligible worker is labeled unauthorized.

NETWORK’s Position

HR 4437 contains several positions, like those listed above, which are shocking in their lack of compassion. Catholic social tradition recognizes the right of a person to migrate in search of a better life. HR 4437 would limit the capacity of a person to seek economic equity in the United States without attempting to address the social conditions in the sending nations. While Catholic social tradition also maintains a country has a right to protect its borders, HR 4437 is unlikely to accomplish that. Without comprehensive immigration reform, the United States will never have true border security.

By leveling overly harsh penalties on vulnerable persons, HR 4437 does not deliver security, but rather, it creates fear, insecurity and mistrust. NETWORK opposes HR 4437 and lobbied for its defeat. Despite its passage in the House of Representatives, NETWORK will continue to voice opposition to such harsh and punitive measures. The Senate is not scheduled to take up similar legislation. NETWORK will continue its lobbying efforts for comprehensive immigration reform and will work against a companion bill to HR 4437 should the Senate introduce one.

For more information about immigration reforms NETWORK supports, please visit our page on Comprehensive Immigration Reform.