• This is a State anti-immigration bill created and fostered by the so-called 'Minuteman Civil Defense Corps' founded by James Gilchrist (California Congressional Disctrict 48 until he lost the election 12/6/2006) and friend Chris Simcox. "House of Representatives bill 4437 (The Border Protection, Anti-terrorism, and Illegal Immigration Control Act of 2005) was a bill in the 109th United States Congress. It was passed by the United States House of Representatives on December 16, 2005 by a vote of 239 to 182 (with 92% of Republicans supporting, 82% of Democrats opposing), but did not pass the Senate in any form. It was also known as the "Sensenbrenner Bill," for its sponsor in the House of Representatives, Wisconsin Republican Jim Sensenbrenner. H.R. 4437 was the catalyst for the 2006 U.S. immigrant rights protests and was the first piece of legislation passed by a house of Congress in the United States immigration debate." The bill as passed by the House of Representatives contains the following provisions, among others: [1] [2] * Requires up to 700 miles (1120 km) of fence along the US-Mexican border at points with the highest number of illegal border crossings. (House Amendment 648, authored by Duncan Hunter (R-CA52) * Requires the federal government to take custody of undocumented aliens detained by local authorities. This would end the practice of "catch and release", where federal officials sometimes instruct local law enforcement to release detained undocumented aliens because resources to prosecute them are not available. It also reimburses local agencies in the 29 counties along the border for costs related to detaining undocumented aliens. (Section 607) * Mandates employers to verify workers' legal status through electronic means, phased in over several years. Also requires reports to be sent to Congress one and two years after implementation to ensure that it is being used. (Title VII) * Eliminates the Diversity Immigrant Visa (also known as Green Card Lottery) program. (House Amendment 650, authored by Bob Goodlatte) * Prohibits grants to federal, state, or local government agencies that enact or maintain a sanctuary policy. (House Amendment 659, authored by Thomas Tancredo) (withdrawn 12/16/2005 by unanimous consent) * Incorporates satellite communications among immigration enforcement officials. (House Amendment 638, authored by John Carter) * Requires all United States Border Patrol uniforms to be made in the U.S. to avoid forgeries. (House Amendment 641, authored by Rick Renzi) * Institutes a timeline for deployment of US-VISIT to all land-based checkpoints. (House Amendment 642, authored by Michael N. Castle) * Requires the Department of Homeland Security (DHS) to report to Congress on the number of Other Than Mexicans (OTMs) apprehended and deported and the number of those from states that sponsor terrorism. (Section 401) * Formalizes Congressional condemnation of rapes by smugglers along the border and urges Mexico to take immediate action to prevent them. (House Amendment 647, authored by Ginny Brown-Waite) * Requires all undocumented aliens, before being deported, to pay a fine of $3,000 if they agree to leave voluntarily but do not adhere to the terms of their agreement. The grace period for voluntary departure is shortened to 60 days. * Requires DHS to conduct a study on the potential for border fencing on the US-Canada border. * Sets the minimum sentence for fraudulent documents at 10 years, fines, or both, with tougher sentencing in cases of aiding drug trafficking and terrorism. * Establishes a Fraudulent Documents Center within DHS. * Increases penalties for aggravated felonies and various frauds, including marriage fraud and document fraud. * Establishes an 18-month deadline for DHS to control the border, with a progress report due one year after enactment of the legislation. * Requires criminal record, terrorist watch list clearance, and fraudulent document checks for any illegal immigrant before being granted legal immigration status. * Reimburses states for aiding in immigration enforcement. * Causes housing of a removed alien to become a felony and sets the minimum prison sentence to three years. * Allows deportation of any undocumented alien convicted of driving under the influence (DUI). * Adds human trafficking and human smuggling to the money-laundering statute. * Increases penalties for employing undocumented workers to $7,500 for first time offenses, $15,000 for second offenses, and $40,000 for all subsequent offenses. * Prohibits accepting immigrants from any country which delays or refuses to accept its citizens who are deported from the United States (Section 404) [edit] Prohibiting Aid to Undocumented People It would be a crime to "assist" an undocumented person to "remain in the United States... knowing or in reckless disregard of the fact that such person is an alien who lacks lawful authority to reside in or remain in the United States".[1] Furthermore, the prison term applicable to a removed alien, would also be applicable to anyone who "knowingly aids or assists" that alien "to reenter the United States".[2] While these clauses may be intended only to target smugglers, as written it includes any charity, church or neighbor of an undocumented alien, who aids that person to remain in the U.S., for example by providing food, clothing or shelter. Laws currently on the books already prohibit "aiding and abetting" undocumented persons. This bill, however, is specifically intended to increase enforcement against human smugglers [3]. Yet in practice, this part of the bill could amount to a violation of human rights since in the case of a disaster citizens would be prohibited from providing humanitarian help to a segment of the affected population."

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