Immigrant Crime
Legislation would be unreasonably harsh

January 4, 2006


The U.S. House has passed a misguided immigration bill that would, by adding many mandatory minimum prison sentences, clog the federal courts and punish people whom Congress never intended for such treatment. The Senate, which will take up immigration early this year, ought to reject these measures.

The Border Protection, Antiterrorism and Illegal Immigration Control Act includes dozens of new mandatory minimum sentences that would prevent judges from considering individual circumstances. One-size-fits-all justice is rarely just and often irrational.

One of the worst provisions would make mere illegal presence in this country a felony. The change is unduly harsh, because it would cover even people whose visas had expired or were late in getting federal immigration papers. The bill would add thousands of criminal cases, and jury trials, to already burdened federal courts by turning the nation's 11 million illegal immigrants into felons, subject to arrest by local authorities.

Another provision would expand the definition of smuggling to include those who aid or transport an illegal immigrant, even if they don't know the immigrant is undocumented. Such so-called smugglers could get mandatory minimum sentences of five years. The change could easily snare employers and relatives, as well as religious and humanitarian groups that routinely work with immigrants.

Besides enacting mandatory minimum sentences, the bill would make it harder for legal permanent residents to become U.S. citizens and penalize local governments that protect the confidentiality of immigrant crime victims and witnesses. Nor does the bill provide for guest worker status.

The Senate must reject this bill in favor of more sensible, comprehensive and compassionate immigration reform.

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