H.R. 10 vastly overreaches on the treatment of
immigrants, visitors, and potential asylees.
· Prohibits acceptance of foreign identification documents,
including consular ID's (matrículas consulares). Section 3005
prohibits Federal employees from accepting as proof of identity
any document issued by a foreign government other than an
unexpired passport, and any document issued in the U.S. unless
issued by the Attorney General or Secretary of Homeland
Security. This means that people cannot establish their identity
using a driver's license, an expired passport, a matrícula, or
any other non-conforming document. In our security conscious
post-9/11 society, it is even more critical that all persons be
able to prove they are who they say they are. Furthermore,
immigrants will fear reporting crimes they have witnessed or
been victims of because they will not be able to show proof of
identity to the law enforcement officers.
· Severely undermines due process. Section 3006 significantly
expands expedited removal, subjecting all individuals who
entered the U.S. without inspection to expedited removal unless
they have been physically present in the U.S. for 5 years or
more. Sections 3007, 3009, and 3033 are taken from the
"Fairness in Immigration Litigation Act" (H.R. 4406)
and further undermine basic due process protections for
non-citizens by 1) prohibiting habeas corpus review of a variety
of immigration decisions, 2) raising the bar substantially for a
grant of asylum, 3) prohibiting federal courts from granting
stays of deportation while a case is pending, and 4) authorizing
the government to remove foreign nationals to countries that
lack a functioning government. The right to access the courts is
one of the most fundamental rights of the U.S. constitution and
must not be eroded.
· Restricts immigrants from obtaining driver's licenses.
Section 3052 bars federal agencies from accepting driver's
licenses or other ID cards issued by States unless it satisfies
certain requirements established by the Secretary of Homeland
Security. Because these standards prohibit the States from
accepting foreign government-issued documents as proof of
identity, there is a de facto legal presence requirement imposed
on the States, and many lawfully present immigrants (and even
naturalized citizens) will have difficulty obtaining a license.
All 50 states are evaluating their eligibility criteria and
weighing the public safety/national security concerns. The
states must be allowed to continue to debate these issues and
make decisions that are appropriate for their communities
without the Federal government imposing standards on them.
The Continuing Need for Comprehensive Immigration Reform
NCLR believes that comprehensive reforms of our nation's broken
immigration system are vital to national security. The 9/11
Commission Report recognizes that more than 9 million people are
residing inside the U.S. outside of the legal immigration
system. Passage of a immigration reform bills such as the DREAM
Act, AgJOBS, and the SOLVE Act would bring millions of
immigrants out from the shadows, put them through background
checks, and provide them with legal identification documents.
These immigration reform measures constitute a vital element of
our security.
For more information call Michele Waslin (202) 776-1735 or
Flavia Jimenez (202) 776-1578
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