Border Protection Anti-Terrorism and Illegal Immigration Control Act of 2005
March 24, 2006
Despite fervent opposition, the House of Representatives passed the Border Protection Anti-Terrorism and Illegal Immigration Control Act of 2005 (H.R.4437) on December 16, 2005 by a vote of 239-182. With 35 co-sponsors, H.R.4437 was referred to the Senate Judiciary Committee on January 27, 2006. Currently, the Senate Judiciary Committee is discussing an immigration reform proposal championed by its Chairman, Senator Arlen Specter (R-PA) that incorporates many of H.R.4437’s punitive and extreme provisions. Senator Specter’s version of immigration reform extends beyond Representative Sensenbrenner’s (R-WI) (H.R.4437) as introduced on December 6, 2005. Senator Specter attempts to redress concerns with America’s immigration system by including clauses that emphasize enforcement and punishment of this marginalized population that we depend on for inexpensive labor. Moreover, the proposal, if enacted, would engender a permanent subordinate status for many immigrants and thus, deprive them of basic rights intrinsic to the core values of American democracy.
If immigration reform is adopted as presently proposed, it would encourage exploitation of immigrant workers through the following provisions:
- Enforcement;
- Guest worker;
- Nonimmigrant status for undocumented workers;
- Stricter limits on family reunification ;
- Criminal penalties for providing services to undocumented immigrants (this would criminalize the work of many non-profit agencies and practitioners, including social workers);
- Barriers to naturalization for lawful permanent residents; and
- Restrictions on judicial review which would preclude most immigrants from obtaining adequate representation in matters before the Judicial Branch of government
The Senate Judiciary Committee is under intense pressure from Senate Majority Leader, Bill Frist (R-TN), to complete a bill by the end of March. It is apparent, however, that the attempted compromise proposed by Senator Specter (R-PA) would not build a path to citizenship. In addition, the compromise proposal would create a core of permanent temporary workers who would be free to accept America’s most strenuous and unwanted jobs, but prohibited from integrating into mainstream society or seeking basic legal protections afforded to others. Approximately 11 million immigrants would be adversely affected by H.R.4437 or Senator Specter’s compromise proposal. The criminalization of those who would assist undocumented immigrants in need is yet another extreme measure that will not serve to protect America’s borders but rather will make felons out of social workers, physicians, health professionals, teachers, and clergy.
A reflection of America’s most enduring strength has been its capacity to welcome and absorb the people who desire economic prosperity and improved quality of life for their families. NASW believes that immigration is the foundation and essence of American society. To this end, H.R. 4437 or any proposal that diminishes the well being of immigrant citizens and denies immigrant workers basic protections is detrimental to the ideals of this great nation. Comprehensive immigration reform must constructively acknowledge those who have strengthened the social fabric of America and committed themselves, in earnest, to America’s democratic principles. NASW will advocate for sensible, humane, and equitable approaches which build a better America and calls on our elected officials to pass legislation that – at a minimum – includes:
- The commitment to basic human rights and civil rights for all immigrants regardless of legal status;
- Respect for due process and the right to appeal alleged immigration violations;
- The elimination of anti-immigrant discrimination and racism in employment practices;
- Humanitarian measures and enforcement to prevent human trafficking and abuse;
- Access to public education for children living in this country no matter what their immigrant status;
- Immunity from deportation for substantiated reports of severe employment abuses;
- The restoration of a safety net of social and medical service for legal immigrants who meet reasonable length of residence provisions; and
- Replacing the current patchwork of immigration laws and procedures with a fair, equitable and comprehensive national plan.
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