Immigration has been an important contributive factor to in the US civilizational growth. Throughout the ages, people all around the world have migrated to the USA in search of peace and prosperity. However with disturbing elements increasingly pouring into the US territory, the American authority is very much concerned about the national security and particularly the 9/11 has evolved the country’s security policy and immigration laws to a more stringent level of operation.
The American administration today, in an attempt to restrict illegal and potentially harmful immigration, has opted for new immigration law which are stricter than ever before.
In this context, one can have a brief overview of the new immigration law in the USA.
• The Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005 [H.R. Bill 4437] (passed in December, 2005 by a vote of 239 to 182). Also known as the “Sensenbrenner Bill,” (after the name of Wisconsin Republican Jim Sensenbrenner), the bill is presently being considered upon by the United States Senate, following amendment by the Senate Judiciary Committee.
Some of the provisions of the bill are:
1. Fencing of 700 miles (1120 km) of US-Mexican border at points which see highest number of illegal immigrant crossings.
2. Requiring the federal government to take custody of illegal aliens detained by local authorities.
3. Mandating the employers to verify workers’ legal status through electronic means
4. Eliminating the Diversity Immigrant Visa (also known as Green Card Lottery) program.
5. Prohibiting grants to federal, state, or local government agencies that enact or maintain a sanctuary policy.
Debate over the bill:
The bill has led to a big debate over its intentions. Various migrant, social justice, humanitarian, and religious organizations opine that the proposed legislation will inflict an unfair effect over 11 million illegal immigrants and those associated with them in the US.
The bill is said to be:
• infringing on the human rights of asylum seekers by stripping important due process protections
• criminalizing status over which the immigrants have no control
• dramatically limiting the immigrants’ access to essential services
• redefining undocumented illegal immigrants as felons, and punish anyone guilty of providing them assistance.
Detractors say the bill includes measures that will infringe on the human rights of asylum seekers by stripping important due process protections, criminalizing status over which they may have no control, and dramatically limiting their access to essential services. It would also redefine undocumented illegal immigrants as felons, and punish anyone guilty of providing them assistance. It also would create several new mandatory minimum penalties for a variety of offenses, including some that would expose humanitarian workers, public schoolteachers, church workers, and others whose only object is to provide relief and aid to five-year mandatory minimum prison sentences.
The supporters of the bill on the other hand argue that it will increase border security by providing more US Immigration and Customs Enforcement agents to the border, curtailing entry to the country by terrorists, as well barring curtail drug trafficking and human trafficking from Mexico to the US.
Response:
In 2006 April, the US was engulfed in the massive immigrant rights protests (in 102 American cities) against the bill. Both illegal immigrants and supportive legal residents took to protest against the legislation which is believed to have led to mass deportation. Anti-bill voices have also called for Congress to pass a bill that allows unauthorized immigrants to receive legal status.
• Comprehensive Immigration Reform Act (CIRA) of 2006 [Senate Bill 2611] deals with immigration reform. Sponsored by Senator Arlen Specter, the bill was passed on May 25, 2006, by a vote of 62-36. It proposes to increase security along the United States-Mexico border, to allow long-time illegal immigrants to gain citizenship with some restrictions, and to increase the number of guest workers over and above those currently residing in the US through a new “blue card” visa program. Moreover, unlike the 2005 H.R 4437 bill, there is a citizenship path proposed in S. 2611.
Some of the provisions of the bill are:
• Providing that the total number of aliens and their dependents who receive legal permanent resident status shall not exceed 18,000,000 during each 10-year period beginning with the period from 2007-2016.
• Border Tunnel Prevention Act providing criminal penalties for constructing, financing, or using illegal border tunnels.
• Making it illegal to knowingly hire or recruit an unauthorized alien.
Reactions:
There have been both positive and negative reactions to the bill. On the negative side, there are voices stating that the legislation could lead to multiplication of (illegal) immigrants to the United States in next few years, while on the positive side, body like the National Immigration Forum is of the opinion that the bill has actually put in effect a comprehensive immigration reform. It has also been welcomed for paving a path for granting citizenship status to millions of immigrants.