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Document compiled by the Immigrant Legal Resource Center in San Francisco
While many know about the harmful provisions in H.R. 4437, the House-passed measure written by Representative Sensenbrenner, many fewer know about the harmful provisions in the Senate bill. Many provisions found in H.R. 4437 are hidden in the Senate bill. Please help us get out the word. The Senate immigration reform bill needs to be changed. Why?
- The Senate proposals would make many people ineligible for the "legalization" programs simply because these people are working.
- The Senate proposals would result in jailing immigrants for entering the country illegally.
- The Senate proposals would deport persons for minor crimes and misdemeanors, changing the rules in the middle of the game. If you are convicted of three Driving Under the Influence (DUI) violations, you will be deported. It does not matter if you were convicted twenty or thirty years ago.
- The Senate proposals would detain people, including persons with green cards, without bond for failing to file a change of address card!
- The Senate proposals would criminalize people simply for helping family members or friends - and they increase prison sentences and the property that can be forfeited.
- The Senate proposals would turn police into immigration agents.
- The Senate proposals would allow for faster deportation of people and close court doors by prohibiting people from ever seeing a judge, even if they have lived here for years.
The Immigrant Legal Resource Center is a national resource center that provides trainings, materials and advocacy to advance immigrant rights. As a legal services organization, we train lawyers and paralegals on ever-changing and complex immigration law. We develop leadership by encouraging immigrants to play leading roles in confronting and reshaping the laws and policies that perpetuate racial, economic and social injustice. And we educate and empower those in the immigrant community so that they may organize and advocate for the rights and privileges that best define our democratic traditions.
Immigrant Legal Resource Center
1663 Mission Street, Suite 602
San Francisco, California 94103
415-255-9499
www.ilrc.org
Millions of immigrants, their families, friends, and supporters have poured into the streets to demand reform of our immigration laws that would provide hard-working families with the legalization they have earned.
People need to know that the Senate proposals contain both good and bad provisions, including some of the worst in H.R. 4437. The good has gotten coverage, but the bad largely has not. Neither has the fact that any measure that passes the Senate must be reconciled with the very punitive H.R. 4437.
People need to learn about the negative provisions in the Senate proposals so that they can organize to defeat the worst provisions - provisions that do not "solve" problems in our immigration system, but instead will hurt immigrants by taking away due process rights for everyone, as well as sabotage earned legalization. They also would take away important rights of the "other 12 million" - the 12 million legal permanent residents who reside in the U.S. - by making it easier to deport them and harder for many to become citizens. They also would turn police into immigration agents, increase deportation and detention, and allow thousands of people to be deported without ever seeing a judge.
What are some of the specific pitfalls in the Senate proposals that people need to fight to correct?
The Senate proposals would make many people ineligible for the "legalization" programs because these persons work.
Example: Esteban used his brother-in-law's social security card so that he could work for the last five years. He hopes he will be eligible to legalize under a new law. However, under H.R. 4437 his past use of a false social security number would bar him. Even under the Senate proposals, if Esteban has to change jobs and use his false social security number before the government grants him work authorization, he would be barred from the program with no possible waiver or pardon.
Example: Julia, the wife of a disabled U.S. citizen, needs a job to help support her family, and uses her sister's social security number to get a job. If she later applies to get a green card through her husband she would be barred, just because she had previously used a false social security number. (And she is ineligible for the legalization program in the Senate "compromise" proposal because she has resided in the U.S. for less than two years.
Both H.R. 4437 and the current Senate bills would prevent people from getting a green card or any other lawful status if they admit using false information, such as a fake social security number to get a job or use false passports or make a mistake in their passports. Millions of undocumented people need to use borrowed or invented social security numbers because they have no documents. H.R. 4437 would make anyone who ever used a false social security number at any time in their life ineligible for earned legalization - thus destroying the whole program by making millions of workers ineligible.
The current Senate proposals would punish people who use false social security numbers to get jobs after the law passes - but this too could keep millions of people out of earned legalization. It will take many months from the day the new law passes until the program is implemented (as the government issues regulations, takes applications, and people are issued employment authorization). Workers who have to change jobs after the bill passes and before the new law is implemented cannot wait for months without working. As drafted, the Senate proposals also would severely affect people who in the future may be able to immigrate through a U.S. citizen family member. Because they will have to continue working with false social security numbers, they would be absolutely prevented from obtaining a green card - with no possible forgiveness.
The Senate proposals would result in jailing immigrants for entering the country illegally.
Example: Noel is caught entering the U.S. illegally. Under the proposals, the government can put him into jail for six months. If he is caught returning unlawfully a second time, Noel can be sent to jail for two years.
The Senate proposals would jail immigrants merely for entering the U.S. illegally - six months for the first offense, and two years for a second offense.
The Senate proposals would deport persons for minor crimes committed in the distant past.
Example: Juan has had a green card for over 20 years and all of his family is in the U.S. He has three DUI convictions - the last one ten years ago. He has now taken care of his drinking problem through counseling and is completely rehabilitated. Under the Senate proposals, the government would deport Juan without a right to a legal defense and without having to consider any of his rehabilitation or his family ties.
The Senate proposals would deport people, including legal residents, for minor crimes, such as having three DUI's (Driving under the Influence) no matter how long ago the person was convicted. Similarly, if the government "has reason to believe" a young person is, has been a gang member or has ever been a gang member he/she will be deported even if he/she has a green card and has never committed a crime. Even participating in activities (like parties or neighborhood get-togethers) would make you deportable and inadmissible to the U.S. and ineligible for, for example, TPS (Temporary Protected Status.)
The Senate proposals would detain people, including persons with green cards, without bond for failing to file a change of address card.
Example: Maria is undocumented, living here with her husband and U.S. citizen children. She, like most undocumented persons, never filed a "change of address" card. Carlos has had a green card for 25 years. He moves twice without filing a "change of address." The government can detain and deport both of them and not permit them to be released on bond.
The Senate bill keeps a misguided law that makes a green-card holder and any other immigrant deportable for failing to file a "change of address card" within ten days of moving. Moreover, it increases the penalties: any person who entered without papers and failed to file the card) or those legally present who failed to file the card twice, will be detained and "considered a flight risk" - meaning, they should not be released on bond!
The Senate proposals would criminalize people simply for helping immigrant family members or friends - and they increase prison sentences and the property that can be forfeited.
Example: Pablo, a green card holder, has his undocumented wife, son, parent or other family member living in his house or riding with him in his car. The immigration authorities can deport Pablo for this. Pablo could be charged as an alien smuggler and given a 5year prison term.
Example: Jose, the supervisor at a construction company, has a green card. He drives his crew, some of whom are undocumented, to their jobs. If the government finds that he was "reckless" about finding out their immigration status, he could be convicted of a federal offense with a potential 20-year sentence - and then face mandatory deportation as an aggravated felon, and his family members and coworkers who are U.S. citizens would not be allowed to speak on his behalf. Once deported, he will never be able to return to the U.S.
Under the Senate proposals, more violations would be defined as "criminal" conduct, making even longtime green card holders in the U.S. vulnerable to deportation. Although there is a limited exception for humanitarian groups who provide the undocumented with food or medical care, many ordinary people would still face harsh criminal penalties and deportation for helping friends, neighbors or employees. Even if you are a U.S. citizen, you could be convicted for housing your undocumented family members, or friends.
The Senate proposals would turn police into immigration agents.
Example: Your state police sign a contract with the DHS to enforce immigration laws. This destroys hard-earned trust built up over the years between the police and immigrant community. Maria fears contacting the police and cooperating as a witness to a crime because she no longer trusts the local police. This makes it harder for the police to make the entire community safer
These proposals confuse immigrants with criminals. They promote contracts between the Department of Homeland Security (DHS) and local police in every state so that local police would enforce immigration laws. They also allow immigration information to be entered into NCIC, the federal criminal database. Turning state and local police into immigration agents would be a public safety disaster. Immigrants would be afraid to turn to social service agencies, local police and even emergency services. Local cops could arrest people based on immigration information from a database they do not understand and that is very well known for errors.
The Senate proposals would allow for faster deportation of people without ever seeing a judge, even if they have lived here for years.
Example: Jaime has lived in San Diego for more than a year but does not have proof that he has been here that long because he works for cash and lives with others who pay the landlord. The immigration authorities arrest Juan and deport him without a hearing because he was caught within 100 miles of the border and doesn't have proof that he has been here for more than 14 days.
The Senate proposals have created many new ways for people to be deported WITHOUT a hearing. One provision would deport many persons without a hearing who cannot prove that they have been here for more than 14 days and have been caught 100 miles within the border.
Help the Senate get comprehensive immigration reform right by passing a bill that legalizes people AND does not treat many like criminals. We applaud the historic and unprecedented civic participation of millions of immigrants in marches, vigils, and other activities that has launched the 21st century's rights movement. "Hoy marchamos, manana votamos" ("today we march, tomorrow we vote") points our way forward.
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