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Felony clause stays on table in House bill
Houston Chronicle ^ | April 11, 2006 | GEBE MARTINEZ

Posted on 04/11/2006 6:45:41 AM PDT by Dubya

WASHINGTON - When the U.S. House passed a bill last December making it a felony to be in the country illegally, the "get-tough" message became the flash point that has drawn millions of protesters into the streets.

With the Senate failing last week to finish a bill that would have rejected some of the harshest language in the House version, Republicans are expressing regret that the punitive House measure stands as the most recent congressional action on immigration.

"There are demonstrations all over America, and the House bill is the only bill out there," complained Sen. John McCain, R-Ariz. His comprehensive border enforcement and worker visa program bill served as the framework for the Senate bill that was derailed in a partisan procedural fight.

House GOP leaders defend their decision to limit their bill to border enforcement and harsher penalties against illegal immigrants and those who hire them or give them aid. Many House Republicans also oppose President Bush's call for temporary work visas until the borders are made more secure and illegal immigration is curbed.

Penalties defended House sponsors wanted to erect new legal barriers to illegal immigration. In a recent letter to the U.S. Conference of Catholic Bishops, three House leaders defended the proposed penalties for those who give aid or counseling to illegal immigrants as a way to crack down on human and drug smuggling.

"We need to have the tools to be able to prosecute and put in jail the coyotes," said House Judiciary Committee Chairman James Sensenbrenner, R-Wis., referring to people who smuggle Mexicans and others into the United States.

Critics argue that anti-smuggling laws already are comprehensive and that Sensenbrenner was intent on cutting off humanitarian assistance to illegal immigrants.

"I would call on him to be honest and say that's what's happening," said Jeanne Butterfield, executive director of the American Immigration Lawyers Association.

Concedes 'overkill' While not giving in on that point, Sensenbrenner conceded that a provision making illegal immigrants felons was "overkill." But he blamed Democrats for blocking his efforts to lessen the penalty.

After the bill was sent from committee to the full House for a vote, the Bush administration realized the felony aspect could lead to an unprecedented demand for jury trials for illegal immigrants, swamping federal courts and detention facilities.

If the felony penalty becomes law, it would make an estimated 12 million illegal immigrants subject to arrest and jailing for up to a year for "unlawful presence" in the United States.

The White House asked Sensenbrenner to reduce the proposed violation to a misdemeanor, with a six-month jail term. But a vote to cut the penalty failed at the hands of law-and-order Republicans, as well as Democrats, who wanted to show that the GOP was being mean-spirited.

The Senate version would make the violation a misdemeanor.

gebe.martinez@chron.com


TOPICS: Business/Economy; Constitution/Conservatism; Crime/Corruption; Culture/Society; Foreign Affairs; Government; Miscellaneous; News/Current Events; Politics/Elections
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To: cdrw

I hope this will change and the laws will be enforced.


21 posted on 04/11/2006 8:07:36 AM PDT by Dubya (Jesus saith unto him, I am the way, the truth, and the life: no man cometh unto the Father,but by me)
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To: joesnuffy
Our leaders will sell our collective soul to stay 'in power'

It sure seems that way.

22 posted on 04/11/2006 8:09:39 AM PDT by Dubya (Jesus saith unto him, I am the way, the truth, and the life: no man cometh unto the Father,but by me)
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To: Jeff Head
Begin rounding up, arresting and incarcerating for a short period in work camps near the border (working the able bodied hard at helping build the fence), any illegals we can find, then expel them.

You know, this would be a great use for the military bases we've closed up. They have the housing and other facilities you'd need.

23 posted on 04/11/2006 8:10:23 AM PDT by TBP
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To: dfwgator
How much will it cost to process them as felons?

Will it cost any more to have a law with teeth in it than its costing us right now?

24 posted on 04/11/2006 8:11:48 AM PDT by Dubya (Jesus saith unto him, I am the way, the truth, and the life: no man cometh unto the Father,but by me)
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To: Jeff Head
Build a serious two layer fence across the southern border

The whole border, with gates at appropriate crossings, heavily manned. The inner fence, perhaps, electrified with barbed wire on top.

Maybe a moat?

25 posted on 04/11/2006 8:11:56 AM PDT by TBP
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To: Dubya
I believe what the GOP does on this is going to determine if some conservatives even go vote any more.

Exactly because what is the use. They do not do what they are elected to do. Votes and campaign contributions are the only things they really care about. Doing what is right for the country and it's CITIZENS is put on the back burner until election time, then they run on what was promised and never accomplished.

26 posted on 04/11/2006 8:12:07 AM PDT by Dustbunny (The only good terrorist is a dead terrorist)
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To: TBP
Maybe a moat?

And sharks with frikin' laser beams on the top of their heads. ;)

27 posted on 04/11/2006 8:13:06 AM PDT by dfwgator (Florida Gators - 2006 NCAA Men's Basketball Champions)
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To: Dustbunny
Exactly because what is the use. They do not do what they are elected to do. Votes and campaign contributions are the only things they really care about. Doing what is right for the country and it's CITIZENS is put on the back burner until election time, then they run on what was promised and never accomplished.

It sure seems that way.

28 posted on 04/11/2006 8:15:03 AM PDT by Dubya (Jesus saith unto him, I am the way, the truth, and the life: no man cometh unto the Father,but by me)
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To: Dubya

The aggravating part to me is that they ARE felons. As soon as they take a job here as an illegal, they are felons. If they take work off the books they are committing income tax evasion. If they take a job on the books they are using fraudulent documents (green card, social security card, driver’s license etc.).

Often as not, the ones working on the books are claiming large numbers of deductions and have little or no tax withheld and change employers and social security numbers after tax season. Ask my brother; He found out he was working nine jobs in five states one year at the same time when he got audited.


29 posted on 04/11/2006 8:16:27 AM PDT by El Laton Caliente (NRA Member & GUNSNET.NET Moderator)
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To: All

I need to go take care of some things. Will be back later. Thanks everyone for your input. This is a serious problem and we can help correct it right here at FR.


30 posted on 04/11/2006 8:16:39 AM PDT by Dubya (Jesus saith unto him, I am the way, the truth, and the life: no man cometh unto the Father,but by me)
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To: rhombus
I'd prefer current law enforced. A felony law that isn't enforced is just more "feel-good legislation"
Worse than that. A felony law that is not enforced breeds contempt for the rule of law, and leads to a culture that has no respect for the law.
31 posted on 04/11/2006 8:18:05 AM PDT by CLRGuy (If crypto is security, then trees are houses.)
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To: lfod1776
I know the felony requirement was meant as a poison pill, but since it is in the House bill I believe the GOP can use it if the Senate will pass an enforcement bill, (fence, more feet on the ground, investigation/prosecution or employers) and then during the conference committee the Felony can be given away or removed from the final version. I doubt the GOP can be this savvy, or Chuckie Schumer may outflank us again, (how sad is it when Chuckie can out think the Republicans in Washington) but it can give the impression we are compromising and the beauty is we didn't even put it in. I think we should make sure illegal entry is a Class A Misdemeanor and if you re-offend kick it up to a State or 3rd class felony, I believe being deported sets you to the back of the line for 10 years.

I have said and will say, if nothing is done on the employer side, with 11+ million already here nothing significant will change.
32 posted on 04/11/2006 8:19:32 AM PDT by thinkthenpost
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To: Dubya

Glad to do it.

You know, one new expenditure I'd happily authorize is an 800 number for Congress.


33 posted on 04/11/2006 8:41:40 AM PDT by TBP
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To: Dubya

We did our part, sent FAX's via Grassfire.


34 posted on 04/11/2006 11:15:39 AM PDT by Dustbunny (The only good terrorist is a dead terrorist)
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To: Dubya
I am afraid that the felony provision will not see the light of day until an illegal flies a jet into the WH.

Seriously.


BUMP

35 posted on 04/11/2006 11:20:07 AM PDT by capitalist229 (Keep Democrats out of our pockets and Republicans out of our bedrooms.)
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To: All
Contact Your Government
36 posted on 04/11/2006 11:35:46 AM PDT by Dubya (Jesus saith unto him, I am the way, the truth, and the life: no man cometh unto the Father,but by me)
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