HIAS Decries Anti-Immigrant House Legislation
Dec 12, 2005
New York City – Refugee and immigration advocates are alarmed that the
U.S. House of Representatives is expected this Wednesday to consider
legislation that would make far-reaching changes to the United States
immigration system, severely affecting both immigrants and asylum
seekers.
“At a time when our country badly needs comprehensive reform of our
immigration laws to address the problem of undocumented migration, the
House appears to be heading towards a counterproductive
“enforcement-only” approach to immigration and border security,” says
Neil Greenbaum, president and CEO of HIAS, the Hebrew Immigrant Aid
Society. “This legislation does nothing towards accomplishing
comprehensive immigration reform, and includes numerous provisions that
could undermine our nation’s commitment to welcoming newcomers.”
Some key provisions of the legislation are of particular concern:
* making the crime of unlawful presence an “aggravated felony,”
resulting in the entire undocumented population being permanently
barred from the U.S.;
* expanding the definition of alien smuggling so that nearly any
individual assisting an undocumented person could be prosecuted;
* permitting state and local law enforcement to enforce immigration law;
* increasing the mandatory detention of asylum seekers and other
immigrants. Under this provision, an asylum seeker could be denied
release or parole from immigration detention even though he or she
satisfies the release criteria;
* depriving many asylum seekers and immigrants access to the federal
courts, unless the individual can make “substantial showing” that the
appeal is likely to be granted; and
* overturning the Supreme Court’s decision limiting indefinite detention of immigrants.
“While our immigration system clearly is broken, the
‘enforcement-only’ approaches taken during the past 20 years have not
worked to gain control of our immigration system, and ensure that
limited security and enforcement resources are targeted on the most
grave threats from criminals, smugglers and terrorists,” says Gideon
Aronoff, vice president for government relations and public policy at
HIAS. “This legislation will only succeed in driving immigrants further
underground and denying due process protection to asylum seekers and
other immigrants.”
Based on Jewish history and the Jewish community’s tradition of
commitment to welcoming the stranger and rescuing refugees, HIAS
strongly supports the United States’ tradition of providing safe haven
to individuals fleeing persecution and opportunities for immigrants to
make new lives in this country, explains Greenbaum. “At the same time,
during a time of significant danger from terrorism, our country must
courageously face difficult issues such as undocumented migration, and
devise serious and effective solutions to contribute to our national
security,” he says.
To achieve both national security and humanitarian objectives, HIAS
has advocated strongly for comprehensive reform of the immigration
system. Officials at HIAS are particularly grateful for the framework
set forth in the Secure America and Orderly Immigration Act, introduced
by Representatives Kolbe (R-Ariz.), Flake (R-Ariz.), and Gutierrez
(D-Ill.), and Senators McCain (R-Ariz.) and Kennedy (D-Mass.), as well
as the involvement of President Bush and other members of Congress who
also believe that comprehensive immigration reform is in America’s
interests.
“Sadly, the hasty and misguided approach that is moving quickly
ahead in the House will not serve the needs of our country,” says
Aronoff. “It is both anti-immigrant, and anti-American. This approach
should be rejected, and Congress should unite to develop a bipartisan,
workable and comprehensive reform plan for our immigration system.”
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