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Immigration Debate Continues to Smolder On

When the House of Representatives passed HR.4437, the controversial immigration reform bill, in December of 2005, the issue of immigration was at the forefront, and passionate debates and protests ensued across the nation. The passion continued until May 1st, “A Day Without Immigrants”, whose outcome was not quite what the sponsors hoped for in the eyes of the public. Pro-immigration and anti-immigration groups alike seemed to be losing momentum.

NY State Assemblymembers Peralta, Ortiz, and Ming join immigrants in a rally for driver’s licenses on the steps of the Capitol Building in Albany, NY. (Photo by NYS Assembly Photography)

After months of politicking, party mud-slinging, and little action or debate over the issue, prospects were grim. Each side seemed dead-set in their particular and greatly differing vision for the future of immigration reform. House Republicans wanted to take a strict approach to fight illegal immigration, while the Senate wanted to give more opportunities for illegal immigrants to become legal citizens.

No one could seem to agree on a comprehensive reform package that would please both Republicans and Democrats that would appease the fast growing number of Latino voters, a majority of whom (according to a survey conducted by the Pew Hispanic Center) thought that the debate would prompt more Latinos to vote in the November elections.

After months of rest, the debate picked up again. In September of 2006 the House passed HR.6061, the “Secure Fence Act of 2006”, by a vote of 283 to 138. The act would require the Department of Homeland Security to construct 700 miles of reinforced fencing along the US-Mexico border. It would also require the D.H.S. to study the feasibility of constructing a similar barrier on the US-Canada border. The bill, however, did not including the funding necessary to build the fence.

New York State Representative McNulty, (D-Green Island), voted against the bill, while Senator Clinton, (D-NY) and Senator Schumer (D-NY) voted in favor of the related senate bill.

McNulty told The Informed Constituent, “Building a fence ten feet high that can easily be scaled with an eleven foot ladder is a waste of billions of dollars in taxpayer’s money. The estimates now are that is will cost upwards of $7 billion”.

The passage of this bill outraged many Hispanic leaders including Assemblyman Felix Ortiz (D-Brooklyn), who serves as President of the National Hispanic Caucus of State Legislators. Ortiz stated, “This bill is impractical and only has negative consequences. Let us not undo what former President Reagan so famously did in Berlin, by putting up a wall between us and our neighbors in Mexico.”

However, those who voted in favor of the bill believed that it would help reduce the influx of illegal aliens entering the U.S., and eventually lower the burden of costs to state and local governments.

One week after the passage of HR.6061, the House passed three more border security measures: HR.6094, HR.6095 and HR.4830. These bills were deemed by many Hispanic leaders to be broken up and reworded versions of the original HR.4437, which they so vehemently disapproved.

HR.6094, entitled “The Community Protection Act,” would give the Department of Homeland Security the ability to extend detention beyond the current six month maximum for criminal aliens who otherwise are unable to be deported. This in turn would end the practice of allowing criminal aliens back onto our streets simply because they could not be returned to their country of origin.

HR.6095, “The Immigration Law Enforcement Act,” reaffirms the inherent authority of state and local law enforcement to voluntarily investigate, identify, apprehend, arrest, detain, and transfer illegal aliens to federal custody. The bill would also increase the number of attorneys hired to help prosecute in alien smuggling cases.

HR.4830, “The Border Tunnel Prevention Act,” criminalizes the construction and financing of border tunnels. The penalty for such activity would be up to 20 years imprisonment. Additionally, the bill states that individuals who permit the construction of tunnels on their property are punishable by up to 10 years in prison.

A major concern, amongst Democrats and Republicans alike, is the rising costs to state and local governments as a result of the current immigration policies. Illegal immigrants have cost schools and hospitals millions of dollars, and it is the taxpayers that bear this burden. In California, the law requires hospitals to continue to serve illegal aliens free of charge, while almost one in five Californians lack health insurance.

A study done by the US-Mexico Border Counties Coalition, an American lobbying group, found that U.S. hospitals in border states provide at least $200 million a year in uncompensated emergency care to illegal aliens, and the problem is not particular to border states. In Florida, the Florida Hospital Association reported that illegal aliens amassed unpaid bills of $40.5 million last year.

Senator Clinton stated, “Our schools, hospitals, and other state and local services are strained. Estimates are that states and localities are forced to pay tens of billions of dollars in health and education costs for non-citizens. Reimbursing state and local governments for these expenditures must be a part of any smart, comprehensive immigration reform.”

One vocal opponent of building the wall is Democratic Governor of New Mexico, Bill Richardson. During a speech at Georgetown University he said, “Securing the border must come first – but we must understand that building a fence will not in any way accomplish that objective. No fence ever built has stopped history and this one wouldn’t either. The Congress should abandon the fence, lock, stock, and barrel. It flies in the face of America as a symbol of freedom.”

As President Bush, who is running out of time and influence, struggles to shape his legacy, the issue of immigration is increasingly important. Only time will tell whether we will see an influx of immigrants resulting in a more rapidly growing Hispanic community, or another Berlin Wall.

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