[Congressional Record Volume 151, Number 163 (Saturday, December 17, 2005)]
[Extensions of Remarks]
[Pages E2595-E2596]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 BORDER PROTECTION, ANTITERRORISM, AND ILLEGAL IMMIGRATION CONTROL ACT 
                                OF 2005

                                 ______
                                 

                               speech of

                         HON. RAUL M. GRIJALVA

                               of arizona

                    in the house of representatives

                       Friday, December 16, 2005

       The House in Committee of the Whole House on the State of 
     the Union had under consideration the bill (H.R. 4437) to 
     amend the Immigration and Nationality Act to strengthen 
     enforcement of the immigration laws, to enhance border 
     security, and for other purposes:

  Mr. GRIJALVA. Mr. Chairman, I rise today in opposition to the 
misguided Border and Immigration Enforcement Act of 2005. H.R. 4437 is 
a misguided bill that will further complicate the immigration crisis.
  We, as a country, have not seen a significant change in immigration 
policy in nearly two decades, even though all Americans agree that 
current immigration policy is outdated and malfunctioning. The majority 
of surveys throughout this Nation show that the American people are 
advocating for a comprehensive and realistic approach to immigration 
reform.
  As Members of Congress we have the responsibility to modernize our 
laws, to ensure equity, and to learn from the successes and failures of 
our predecessors. H.R. 4437 fails to meet these standards on all 
levels.
  The bill before us today is an insult to the American people who have 
requested action on the part of their lawmakers. The bill is neither a 
solution nor even an attempt to understand the immigration crisis. 
Rather, it is a collaboration of the most destructive proposals in 
Congress, put forth to promote a false impression that we are working 
to address the problem. What we are seeing here on the floor today is 
an unrealistic, unconstitutional bill based on fear.
  As a Representative from Arizona, I have had first hand experience 
with the negative impacts created by ``security-only'' approaches to 
the border and immigration, such as is promoted by H.R. 4437. Arizona, 
my District especially, has been victim to this inadequate approach 
that ignores the real needs in our communities. For example, this year 
my District witnessed 262 deaths on its border, yet H.R. 4437 would do 
nothing to help alleviate this human tragedy.
  Though Americans continue to ask that Congress create orderly, legal 
venues for new immigrants and for safe and legal ways in which 
immigrants already here can declare their presence, H.R. 4437 does not 
even come close to fulfilling these requests. In fact, it promotes a 
shadow culture in which immigrants need and want to hide, which then 
puts our country at a greater security risk.
  With one hasty line, this bill makes all immigrants criminals. It 
turns an immigration-law violation into an aggravated felony. Thus, 
legal permanent residents, who initially may have had an unlawful entry 
but were able to pursue a legal venue thereafter, would be categorized 
as felons and prevented from becoming U.S. citizens as the current law 
allows.
  H.R. 4437 also endangers checks and balances and progress that our 
Nation has made towards equality. With its expansion of expedited 
removal programs, H.R. 4437 removes important checks that currently 
protect against erroneous arrests and deportations. In the realm of 
civil rights, immigrants that are victim to domestic violence would be 
discouraged from seeking protection in fear of being charged with an 
aggravated felony. Furthermore, immigrants dealing with Federal 
agencies or the judicial system would no longer have the opportunity to 
appeal, thereby weakening even more checks and balances in our 
government.

  I am ashamed of the Republican leadership for bringing this bill to 
the floor, for ignoring the American people, and for supporting a bill 
that will expand the immigration crisis. Worse than all the harm that 
this bill would cause is the fact that it fails to include any of the 
immigration reforms that Americans have asked for. It includes 
penalties for employers, but no provisions allowing them to attain 
needed employees. It criminalizes immigrants, but provides no solutions 
for a legal venue for entry.
  As lawmakers, we can do better. We can bring to the floor a 
comprehensive and realistic approach to immigration that addresses

[[Page E2596]]

border security, changes to current immigration law--including earned 
legalization--and upholds labor rights for all U.S. employees, be they 
citizens or foreign born. H.R. 4437 is not this bill. It ignores the 
need to address societal, economic and national security shortfalls and 
I encourage my colleagues to denounce this insulting response to the 
American people and vote ``no'' on H.R. 4437.

                          ____________________