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.
- 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.
Border
Protection, Antiterrorism, and Illegal Immigration Control Act of 2005
(H. R. 4437):
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