By: Daniel Ye Edward Liu

1. By: Daniel Ye Edward Liu H.r.4437: Border Protection, Anti-terrorism and Illegal Immigration Control Act of 2005“To amend the Immigration and Nationality Act to strengthen enforcement of the immigration laws, to enhance border security, and for other purposes.”

2. Introduction to Bill • Introduced in the House of Representatives by Republican Senator Frank James Sensenbrenner, Jr. on December 6, 2005 • This purpose of this bill “seeks to address illegal immigration by strengthening interior enforcement of immigration laws and enacting additional border security measures.” Yes, this is the man who introduced the bill.

3. Introduction to Bill cont. The House of Reps passed the bill on December 16, 2005 by roll call (239-182) at 10:31pm. The bill was received by the Senate on December 17, 2005 Currently it is in the Judiciary Committee for review.

4. What the bill will do? Enforcement of Immigration Law • Criminalizes violations of federal immigration law, including illegal presence, which indirectly shifts the responsibility of immigration enforcement to state and local law authorities. • Expands the definition of “aggravated felony” to include smuggling offenses, illegal entry and reentry crimes.  • Reduces the maximum period of voluntary departure from 120 to 60 days.     • Reaffirms states’ “inherent authority” to assist with immigration law enforcement. • Requires that aliens who violate certain provisions of immigration law (those subject to a removal order, subject to a voluntary departure agreement, anyone who has overstayed an I-94, and anyone whose visa has been revoked) be listed in the National Crime Information Center (NCIC) database. 

5. What the bill will do? Cont. Border Security • Provides for a variety of new technology to assist DHS in monitoring ports of entry and land borders.  • Establishes a Border Security Advisory Committee that includes representatives of state and local government. • Provides for additional fencing to be constructed along the U.S. – Mexico Border and calls for a study to examine the construction of a fence along the Northern/Canadian Border. 

6. What the bill will do? Cont. Worksite Enforcement and Employer Verification • Establishes an electronic/phone system employment verification process and requires participation by all employers. • Requires re-verification of all previously hired employees under the new system.  Federal, state and local governments would have meet this requirement within three years of enactment of the legislation. • Increases civil penalties for hiring individuals without employment authorization.  • Expands requirements for employment verification to day-laborer sites.

7. Who it impacts? • Immigrants (especially those who came illegally) • Businesses • And FAMILIES!!

9. Public Opinion • According to themiddleclass.org, this bill received a letter grade of a D. • The middle class didn’t agree on the things that the bill addressed. • Increases penalties for violating immigration laws, and it expands the list of violations that render a non-citizen deportable. • Increases enforcement along the US border and provides the usage of surveillance by the military.

10. Media Coverage • Had been brought up because of protests, such as the 2006 immigration reform protests. • Other than that, not much has been covered on this bill.

12. Legal issues relating to Bill? • Immigration laws • The bill would allow the government to build an additional 700 mile long fence along the existing border fence. • Mass deportation

13. Bibliography • http://www.ncsl.org/issues-research/immig/summary-of-the-sensenbrenner-immigration-bill.aspx • http://thomas.loc.gov/cgi-bin/bdquery/z?d109:HR04437:@@@L&summ2=m&#major actions • http://themiddleclass.org/bill/border-protection-antiterrorism-and-illegal-immigration-control-act-2005 • http://www.govtrack.us/congress/bills/109/hr4437 • http://prospectjournal.ucsd.edu/index.php/2010/11/public-opinion-and-federal-immigration-policy/