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| Illegal Alien bill drops felony provision |
| 2005-12-15 |
| The House is expected to vote today on a border enforcement and employee work verification bill, which calls for more U.S. Border Patrol agents, mandatory database checks of employees' eligibility to work, expanding expedited removal of illegal aliens and allowing sheriffs along the border to help enforce immigration law. The House Judiciary Committee chairman yesterday backed off his provision to make illegal aliens felons and instead proposed a misdemeanor charge for unlawful presence, angering some Republicans who wanted the higher penalty. Some Republicans already were threatening to try to block the bill if they didn't get a chance to vote on amendments such as ending birthright citizenship and allowing local authorities to aid federal immigration officials. Yesterday's change just fueled their determination. Initially the bill made felons out of the estimated 11 million illegal aliens, thus making them ineligible for legalization. But yesterday the bill's chief sponsor, Rep. F. James Sensenbrenner Jr., Wisconsin Republican and Judiciary Committee chairman, said he will amend the bill today to make it a misdemeanor. His spokesman, Jeff Lungren, said the felony requirement actually would have delayed deportation of those now here illegally, while the lesser charge speeds it up. "In order to get a conviction on a felony, you'd need a jury trial," he said. "A misdemeanor doesn't need a jury trial, but you can detain them while putting them through immigration proceedings." He said a misdemeanor still accomplishes their goal, which he said was to target those who overstay their temporary visas. Under current law, overstaying a visa is a civil offense but not a criminal offense, and if caught an alien can delay deportation for years by demanding a trial. Overstays account for about 40 percent of illegal aliens in the country. The change caught supporters, opponents, and apparently Mr. Sensenbrenner himself by surprise. During a meeting of the House Rules Committee, which was setting the rules for today's debate and deciding which amendments will get floor votes, Mr. Sensenbrenner repeatedly said the bill makes unlawful presence a felony. Republicans who support the bill were shocked when they heard about the change during the committee meeting. "That's what the look of surprise is on my face," said Rep. Steve King, Iowa Republican, who said only a felony charge would get illegal border-crossers entered into a law-enforcement database. It also takes three misdemeanors, but only one felony, for someone to be temporarily barred from re-entry. Democrats and a few Republicans said the bill falls short because it doesn't offer a path to citizenship for current illegal aliens. That's a feature, not a bug. They demanded a chance to offer an amendment granting legal status to illegal aliens. People in Hell are demanding ice water. Many other Republicans, meanwhile, said the bill falls short because it is weak on enforcement. They are demanding the chance to pass amendments that would end birthright citizenship for children of illegal aliens born on U.S. soil; build a barrier system along the border; and allow local law-enforcement authorities across the country to aid federal immigration officials. Both sides were threatening to vote against the debate rules if their amendments weren't allowed. If they joined forces, Republicans who want more enforcement combined with the Democrats and Republicans who want legalization could be enough to defeat the debate rules, which would block the entire bill. I dunno. Merely tresspassing (assuming no vandalism or burglary) isn't a felony, is it? I'd make aiding and abetting someone trying to invade a felony, including providing water stations. |
| Posted by:Jackal |
| #4 ..whereas a misdemeanor illegal could get sent back on the next plane.. Any chance a couple of lashes could be included with that deportation order? |
| Posted by: Bomb-a-rama 2005-12-15 23:19 |
| #3 The problem is that they don't show up for the hearing after being ROR'ed and promising to show. I would go with the misdermeanor if it also gave them a 10 year or lifetime immigration ban. And end the stupid birthright citizenship for children of illegals. And end *all* federal funds to 'sanctuary cities' such as Seattle. Let them get the illegals to build their new {light rail | viaduct | etc... } |
| Posted by: CrazyFool 2005-12-15 23:17 |
| #2 I heard Congressman Ed Royce on John and Ken today and he said the felony part was dropped as it would require a trial or hearings whereas a misdemeanor illegal could get sent back on the next plane after pleading guilty or an immigration judge hearing.... |
| Posted by: Frank G 2005-12-15 21:06 |
| #1 The House Judiciary Committee chairman yesterday backed off his provision to make illegal aliens felons and instead proposed a misdemeanor charge for unlawful presence, angering some Republicans who wanted the higher penalty. I'm not convinced that if this had stuck it would have mattered. Local city administration would probably instruct the police agencies under their control to disregard immigration status should such details come to light in any incident. Merely tresspassing (assuming no vandalism or burglary) isn't a felony, is it? Nope - typically a misdemeanor. (might be different where US government property is concerned, like near an airport tower, or similar facility) |
| Posted by: Bomb-a-rama 2005-12-15 20:14 |