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Border Security Bill Moves Through House Committee

On December 8, the House Judiciary Committee approved, 23-15, a bill (H.R. 4437) that would enhance international land and maritime border security, and would better enforce current immigration laws.

Sponsored by Chair James Sensenbrenner (R-WI), the Border Protection, Antiterrorism, and Illegal Immigration Control Act would incorporate a number of provisions contained in a similar bill (H.R. 4312) approved by the House Homeland Security Committee on November 17 (see The Source, 11/21/05). Specifically, H.R. 4437 would provide for the mandatory detention of aliens apprehended at or between U.S. ports of entry. The measure would require the Department of Homeland Security to ensure coordination of border security efforts among U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, and U.S. Citizenship and Immigration Services. In particular, the agencies would share and coordinate intelligence concerning human trafficking, human smuggling, counterterrorism, border enforcement, and customs and trade. The bill also would establish mandatory minimum sentences for those convicted of human smuggling and trafficking. In addition, the bill would define rape or sexual abuse of a minor as an “aggravated felony” in immigration law.

During consideration of the bill, the committee rejected, 12-20, an amendment offered by Rep. Bobby Scott (D-VA) that would have eliminated all mandatory minimum sentences contained in the bill.

In addition, Rep. Sheila Jackson Lee (D-TX) offered, but withdrew, an amendment that would have created a program to provide a secure alternative to detention for pregnant women, trafficking victims, parents with one or more children, individuals with mental health needs, and elderly aliens. She also withdrew an amendment that would have exempted unaccompanied children from the detention and removal proceedings contained in the bill.

In a press release announcing committee passage of the measure, Rep. Sensenbrenner stated, “This legislation will help restore the integrity of our Nation’s borders and reestablish respect for our laws by holding violators accountable, including human traffickers, employers who hire illegal aliens, and alien gang members who terrorize communities throughout the country.”

The House is expected to consider H.R. 4437 the week of December 12.

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