H.R. 4437- Sensenbrenner/King Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005
Growing demand from the public forced both the Administration and Congress to relent and address the current immigration crisis. As part of FAIR's mission to educate the public about immigration and the need for immigration reform, we're presenting an extended analysis of the debate around H.R. 4437 as well as a synopsis of what the bill does, and does not do. Please feel free to re-print or forward this analysis to friends.
Sections:
Synopsis and Background
Congratulations and Thanks
What does the bill do?
What got left out of this bill?
J.D. Hayworth's stand against a guest worker/amnesty proposal
Other amendments offered
For months leading up to the end of the first session, the media reported James Sensenbrenner (R-WI), Chairman of the Judiciary Committee, would offer his own immigration legislation among the many different proposals already before Congress. Mr. Sensenbrenner introduced his bill on December 6 and the United States House of Representatives passed H.R. 4437, the Border Protection, Antiterrorism, and Illegal Immigration Control Act on December 16.
The Administration began talks to manage the increasing concern over the country's immigration emergency. Administration 
officials came to House Leadership and Chairman Sensenbrenner-whose committee has almost sole jurisdiction over the immigration issue. The Administration's position was outlined again in late November: the way to handle our current crisis is to "secure the border and interior", while creating a guest worker/amnesty program that will "match the willing employer with a willing worker"-without regard to the legal or illegal status of the foreign worker. A few days later, Chairman Sensenbrenner introduced his bill. As introduced, the bill offered some meaningful provisions, and FAIR was assured by the Judiciary Committee the legislation would be strengthened by amendments on the floor.
H.R. 4437 made it through Committee with a few technical changes, and, as promised, stronger provisions were added on the House floor. Members on both sides of 
the immigration reform issue demanded their side be heard-from guest worker proponents to enforcement only factions. The Immigration Reform Caucus (IRC) gathered more than 25 of its members to declare their opposition to the bill if they were not allowed to amend the bill with their suggestions. Over 100 amendments were filed for H.R. 4437, but with the 1st Session of the 109th Congress drawing quickly to a close, there would not be enough time to rule in order all 100 or so amendments. In an unexpected twist, the Rules Committee (chaired by Congressman David Dreier R-CA) came up with two rules for one bill. The two separate rules allowed only about 1/3 of the amendments to be debated.
The first rule brought to the floor, while including a few strong amendments, was made up mostly of amendments members of the IRC deemed "weak." Enough threatened to vote down the rule, that it became clear a vote on the rule would essentially kill the bill. If the IRC was not going to be able to help strengthen the bill, then there is no need to go any further. Furthermore, if there was any language supporting a guest worker/amnesty plan for next session they would not support the rule, again threatening to stop debate of the bill. Following a two hour closed door session, the House finally brought the rule up for a vote and it passed 220-206-only two votes over the 218 needed.
The second rule came down Friday, December 16, 2005. Some Members of the IRC were, once more, opposed to the rule. They feared the bill, even if passed by the House without an amnesty guestworker program would contain such a program once the Senate acted on its bill and the two are coupled early next year. Rep. J.D. Hayworth called upon Congress to decide on its priorities: either an amnesty/guestworker plan or an enforcement plan that fully implemented with measurable results.
During the two day debate over H.R. 4437, significant provisions were adopted by the House. As the legislation passed out of this chamber, it included:
- eliminating the diversity lottery, which FAIR and its supporters have long championed.
- building a multi-layered, non-contiguous fence along almost 700 miles of our southwest border
- reaffirmation of state and local law enforcement's existing inherent authority to assist in enforcing immigration law.
Our congratulations to the following members of Congress for making this bill a strong step toward securing our borders and providing good measures for interior enforcement. While there is much more to do to create comprehensive immigration reform as found in the TRUE Enforcement bill, Chairman Sensenbrenner and Chairman King's bill is a good beginning.
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Chairman James Sensenbrenner |
 Representative F. James Sensenbrenner, Jr. (R-WI 5th) |
 Representative Bob Goodlatte (R-VA 6th) |
 Representative Virgil H. Goode, Jr. (R-VA 5th) |
 Representative Duncan Hunter (R-CA 52nd) | |
 Representative Ed Royce (R-CA 40th) |
 Representative Charles Norwood (R-GA 9th) |
- Authorizes sections of fencing (totaling 698 miles) along the southwest border
- Creates a new electronic employment verification system modeled on the Basic Pilot Program
- Repeals the “visa lottery”
- Reaffirms state and local law enforcement’s inherent authority to assist in the enforcement of immigration laws
- Adds new penalties for certain immigration-related crimes, including alien smuggling and passport fraud
Missing Elements for Comprehensive Immigration Reform -- the Solution to the Crisis:
- Authorize additional border patrol or investigative personnel to improve the enforcement of our immigration laws
- Require an employer to terminate the employment of an illegal alien if the verification system informs the employer that the alien is not authorized to work in the U.S.
- Eliminate birthright citizenship
- Substantially increase detention space in order to end the federal government’s “catch and release” policy. While the does mandate the use of “all possible options to cost effectively increase available detention capacities. . . ,” it does not require a certain number of additional beds nor provide money for increased detention capacity.
- Eliminate the business deduction taken by employers for wages and benefits paid to illegal aliens
In the spirit of his own bill, H.R. 3938, the Enforcement First Immigration Reform Act, Rep. J.D. Hayworth sought to strengthen H.R. 4437 on the House floor by offering a series of seven amendments. All of these amendments, taken together, were designed to demonstrate there is no need for an amnesty/guestworker plan. As a package these amendments would first give enforcement a chance to weed out scofflaw employers, limit the work incentives driving illegal immigration, and set the stage for U.S. workers to become more attractive as employees than illegal workers. These amendments required:
- IRS enforcement of laws fining employers filing false data on illegal employees.
- Information sharing between IRS and DHS.
- A ban on bank acceptance of matricula consular cards.
- Increase the number of DHS employees investigating illegal employment.
- Transfer family based visas to employment-based visas.
- Eliminate the visa lottery program and transfer those visas to employment-based visas.
- Express the sense of congress that no guestworker program should be enacted until enforcement of immigration law is accomplished.
Unfortunately only one of these amendments was made in order for debate during floor consideration of H.R. 4437. That was the amendment-the one least preferred by Rep. Hayworth-to demonstrate an alternative to a guestworker program by reducing family based visas and increasing employment-based visas by an equal amount. Ultimately, Rep. Hayworth withdrew this amendment, fearing its defeat would give encouragement to amnesty/guestworker supporters.
Some key amendments that strengthened H.R. 4437
- Reps. Hunter (CA-52), Dreier (CA-26), Royce (CA-40), Goode (VA-5), and Gingrey (GA-11) offered an amendment to construct sections of fencing along the southwest border of the United States. This amendment passed 260-159.
- Rep. Norwood (GA-9) offered an amendment to affirm the existing inherent right of local law enforcement to assist in the enforcement of immigration laws. This amendment passed 237-180.
- Rep. Shadegg (AZ-3) offered an amendment to increase criminal penalties for document fraud and crimes of violence committed by illegal aliens. This amendment passed by voice vote.
- Rep. Campbell (CA-48) offered an amendment to prohibit the Attorney General from providing any grants to a federal, state, or local government agency that maintains policies or laws prohibiting the sharing of the immigration status aliens with the Department of Homeland Security. This amendment passed by voice vote.
- Rep. Goodlatte (VA-6) offered an amendment to eliminate the visa lottery. This amendment passed 273-148.
Amendments that would have weakened H.R. 4437
- In the Judiciary Committee, Rep. Berman (CA-28) offered an amendment to establish a guest worker program. This amendment failed 13-29.
- On the House floor, Rep. Sensenbrenner (WI-5)) offered an amendment, at the Administration’s request, that would have reduced the maximum sentence for illegal entry and illegal presence to six months. This amendment failed 164-257.
