ALERT!!! The House passes a dangerous Anti legal immigration bill

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ALERT!!! The House passes a dangerous Anti legal immigration bill

It is called H.R. 4437 and would strip the courts of much of their remaining jurisdiction over immigration matters; gut the due process rights of aliens, permanent residents and United States citizens; expand expedited removal; broaden the definition of alien smuggling to include churches, employers, family members, and immigrant advocates; expand the definition of aggravated felony; create new grounds of deportability and inadmissibility; increase mandatory detention; militarize the border; and place limitations on eligibility for naturalization.

In addition, lawmakers approved a number of amendments during floor consideration of the measure, making the end product even more egregious than the initial base bill. Among these include:

# an amendment to eliminate the diversity visa lottery
# a manager's amendment that, among other things, eliminates judicial review of arbitrary denials of motions to reopen and makes misuse of passports or travel documents an aggravated felony even if committed by a refugee or a victim of domestic violence or trafficking
# an amendment giving state and local law enforcement officials the "inherent authority" to enforce civil immigration laws (the CLEAR Act revisited)
# an amendment withholding grant funds from state and local governments that maintain a policy of protecting the confidentiality of immigrants
# an amendment approving construction of more border fencing
# an amendment rendering a single DUI conviction a deportable offense
# an amendment vesting USCIS with law enforcement powers over certain investigations, and allowing the Office of Security and Investigations to engage in data-mining of DHS databases
# an amendment further increasing penalties for document fraud, crimes of violence and drug trafficking offenses
H.R. 4437 is a disappointing, disastrous measure for both immigrants and U.S. citizens alike, and AILA (www.aila.org) will be working closely with the Senate, once Congress reconvenes in January, to craft a reasoned and sensible approach to fixing our broken immigration system—an approach that offers an opportunity for success. H.R. 4437 offers no such opportunity.

In the meantime, use Contact Congress to send a letter to your Representative, either thanking him or her for voting against H.R. 4437, or expressing your disappointment for his or her vote in support of the measure. The vote tallies will be posted to Contact Congress soon.

Click on this link and take Action to stop this mascarade.
http://capwiz.com/aila2/issues/alert/?alertid=8323246&type=CO

For updates and advice on how to protect your future, visit www.aila.org

The Diversity Program is gone. What's next? H-1 visas maybe? Get to work and write your Senator.
 
Publicus said:
# an amendment rendering a single DUI conviction a deportable offense

I have looked thru http://thomas.loc.gov for 4437 ([H.R.4437.RH], [H.R.4437.IH] and [H.R.4437.EH]) and found out that this amendment (sec. 606 b) is in regards to removing illegal alliens:

(b) Deportation for DWI-

(1) IN GENERAL- Section 237(a)(2) of such Act (8 U.S.C. 1227(a)(2)) is amended by adding at the end the following new subparagraph:

`(F) DRIVING WHILE INTOXICATED AND WHILE UNLAWFULLY PRESENT IN THE UNITED STATES- An alien--

`(i) who at the time the alien is unlawfully present in the United States and who commits the offense of driving while intoxicated, driving under the influence, or similar violation of State law (as determined by the Secretary of Homeland Security) and who is convicted of such offense, or

`(ii) who is unlawfully present in the United States and who commits an offense by refusing in violation of State law to submit to a Breathalyzer test or other test for the purpose of determining blood alcohol content, is deportable and shall be deported.'.



Or you have your own interpretation how 4437 hits legal aliens (visa holders, green card holders)?
 
Calisto12 said:
I have looked thru http://thomas.loc.gov for 4437 ([H.R.4437.RH], [H.R.4437.IH] and [H.R.4437.EH]) and found out that this amendment (sec. 606 b) is in regards to removing illegal alliens:

(b) Deportation for DWI-

(1) IN GENERAL- Section 237(a)(2) of such Act (8 U.S.C. 1227(a)(2)) is amended by adding at the end the following new subparagraph:

`(F) DRIVING WHILE INTOXICATED AND WHILE UNLAWFULLY PRESENT IN THE UNITED STATES- An alien--

`(i) who at the time the alien is unlawfully present in the United States and who commits the offense of driving while intoxicated, driving under the influence, or similar violation of State law (as determined by the Secretary of Homeland Security) and who is convicted of such offense, or

`(ii) who is unlawfully present in the United States and who commits an offense by refusing in violation of State law to submit to a Breathalyzer test or other test for the purpose of determining blood alcohol content, is deportable and shall be deported.'.



Or you have your own interpretation how 4437 hits legal aliens (visa holders, green card holders)?


Don't quote me on this...but I read on other immigration forums that legals have a 3 strikes and you're out policy re. DUI.
 
Publicus said:
Don't quote me on this...but I read on other immigration forums that legals have a 3 strikes and you're out policy re. DUI.

So you trust "other immigration forums" more than official documents posted on .gov websites? Hmm..
As for 3 DUI maximum for legals -- it comes in section "Removal Drunk Drivers", not under "Deportation for DWI" section. From the law perspective, sure that 3 DUIs does not show that you have "good moral character" and possibly show that immigrant is possibly "alcoholic", who is "deportable". But it does not mean he "shall be deported" like in case of "illegal alien".
 
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Come one guys, there are far more cruel, vicious clauses in this bill than just DUI.

If you get laid off and don't leave the US the same day, you could go to prison!

http://thomas.loc.gov/cgi-bin/query/z?c109:H.R.4437:




Section 275 of the Immigration and Nationality Act (8 U.S.C. 1325) is amended--

(1) in the section heading, by inserting `UNLAWFUL PRESENCE;' after `IMPROPER TIME OR PLACE;';

(2) in subsection (a)--

(A) by striking `Any alien' and inserting `Except as provided in subsection (b), any alien';

(B) by striking `or' before (3);

(C) by inserting after `concealment of a material fact,' the following: `or (4) is otherwise present in the United States in violation of the immigration laws or the regulations prescribed thereunder,'; and

(D) by striking `6 months' and inserting `one year and a day';



For reference, here is Section 275 of the Immigration and Nationality Act (8 U.S.C. 1325)

Sec. 275. [8 U.S.C. 1325]


(a) Any alien who (1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or (2) eludes examination or inspection by immigration officers, or (3) attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offense, be fined under title 18, United States Code, or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, United States Code, or imprisoned not more than 2 years, or both.


(b)1/ Any alien who is apprehended while entering (or attempting to enter) the United States at a time or place other than as designated by immigration officers shall be subject to a civil penalty of-


(1) at least $50 and not more than $250 for each such entry (or attempted entry); or



(2) twice the amount specified in paragraph (1) in the case of an alien who has been previously subject to a civil penalty under this subsection.


Civil penalties under this subsection are in addition to, and not in lieu of, any criminal or other civil penalties that may be imposed.


(c) An individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, or fined not more than $250,000, or both.


(d) Any individual who knowingly establishes a commercial enterprise for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, fined in accordance with title 18, United States Code, or both.



Moreover, a minor violation becomes a major "crime"
SEC. 410. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME INFORMATION CENTER DATABASE.



For those unfortunate enough to be arrested in this inhumane manner, they want to know if you get murdered by prison guards.

SEC. 408. GAO STUDY ON DEATHS IN CUSTODY.

The Comptroller General of the United States, within 6 months after the date of the enactment of this Act, shall submit to Congress a report on the deaths in custody of detainees held on immigration violations by the Secretary of Homeland Security. The report shall include the following information with respect to any such deaths and in connection therewith:

(1) Whether any crimes were committed by personnel of the Department of Homeland Security.

(2) Whether any such deaths were caused by negligence or deliberate indifference by such personnel.

(3) Whether Department practice and procedures were properly followed and obeyed.

(4) Whether such practice and procedures are sufficient to protect the health and safety of such detainees.

(5) Whether reports of such deaths were made under the Deaths in Custody Act.
 
It also makes being out of status, even for one day, a crime. It criminalizes any attempt to help anyone who is out of status and provides for a MANDATORY sentence of 3 years in federal prison (maximum sentence is 20 years) for anyone who, for profit, assists more than 2 aliens who are out of status to remain in the US. This basically criminalizes the practice of immigation law since even those attorneys who handle only business immigration matters deal with family members who forgot to extend their status prior to I-94 expiration. These people would be criminals and subject to arrest, incarceration and possible removal from the US. If this passes, be sure not to forget an H-4 extension when you file your H-1B!
 
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