Stiffer penalties sought for illegal immigrants
http://www.dfw.com/mld/dfw/12782106.htm
Posted on Fri, Sep. 30, 2005
Stiffer penalties sought for illegal immigrants
By Dave Montgomery
Star-Telegram Washington Bureau
WASHINGTON - A group of conservative House Republicans, including three Texans, on Thursday called for a get-tough assault on illegal immigration that would subject illegal immigrants to felony jail sentences and impose stiff fines and jail time on their employers.
Outlining the "enforcement first" immigration bill, Rep. J.D. Hayworth, R-Ariz., described his 115-page proposal as "a call to action" to overturn decades of lax federal enforcement on millions of illegal immigrants and the employers who hire them.
"We must send a different message -- zero tolerance of illegal immigration," Hayworth said.
Hayworth was joined by six major co-sponsors, including Reps. Sam Johnson, R-Plano, Pete Sessions, R-Dallas, and Ted Poe, R-Humble.
The measure also calls for deploying military forces to help the Border Patrol keep illegal immigrants out. More than 11 million illegal immigrants, mostly from Mexico, are believed to be living in the United States, drawn by wages that are often 10 times higher than salaries in their native countries.
"Don't just send illegal immigrants home," Johnson said. "Let's stop them before they get here. This bill does that."
In a provision that could invite a constitutional challenge, the bill would end the practice of granting U.S. citizenship to any child born in the United States, unless at least one of the parents is in the country legally. The 14th Amendment to the Constitution declares that all people born or naturalized in the United States, "and subject to the jurisdiction thereof," are U.S. citizens.
"There's a debate about that and we're going to test it," said Hayworth's spokesman, Larry VanHoose. Thousands of children of illegal immigrants become U.S. citizens by virtue of birth, further burdening social services, say proponents of tougher immigration laws.
Hayworth and his allies said the measure, which has at least 23 Republican co-sponsors, underscores the need for tough enforcement provisions as Congress considers a far-reaching overhaul of the nation's immigration laws. They denounced proposed immigrant guest-worker programs as a form of amnesty that would reward illegal behavior.
The measure would give illegal immigrants 30 days to leave the country voluntarily. Those who remained would be committing a felony and face up to a year in jail. The bill allows a defense for "exceptional or extremely unusual hardship."
Hayworth's bill also aims to cut off job opportunities that draw illegal immigrants, increasing fines against employers who hire illegal workers from $10,000 to $50,000. Jail terms for employers would be increased from six months to a maximum five years.
Angela Kelly, deputy director of the National Immigration Forum, a pro-immigrant advocacy group, opposes the measure, calling it a "lopsided and myopic" approach to immigration reform. "It is definitely taking the approach of clubbing immigrants over the head," she said.
President Bush may introduce a new immigration initiative within the next two months, according to news accounts, possibly calling for a modified version of a guest-worker program he unveiled more than a year ago.
Two major bills are under consideration in the Senate. Republican Sens. John Cornyn of Texas and Jon Kyl of Arizona are calling for the creation of a temporary-worker program that would require the more than 11 million illegal immigrants in the United States to return home before being eligible to apply.
A bill from Sens. John McCain, R-Ariz., and Edward Kennedy, D-Mass., would allow illegal immigrants to stay in the United States as guest workers by paying fines of up to $2,000. The participants would also be allowed to apply to become permanent legal residents.