PROVISIONS

HOUSE HR 4437

SENATE FRIST S. 2454

AMENDMENTS

Increase Border Patrol

Yes. 250 per year; Increase enforcement at port of entries;  increase dog teams by 25% (139); Authorizes Local law enforcement to make immigration arrests;

Yes. 200 per year through 2011; 3,000 illegal employment investigators; 200 border smuggling investigators; Authorizes local law enforcement to make immigration arrests;

N/A

Increase Border Technology

Yes. Includes Dept of Defense unmanned air surveillance, more electronic sensors and the creation of a special group to handle cross-border terror threats; Enhanced use of biometric technology to identify persons;

Yes. Includes Dept of Defense participation; upgrade law enforcement interoperable communications equipment; increases use of biometric technology to include entry-exit data collection, document verification;

N/A

Increase Criminal Penalties for entering the US illegally

Yes. Makes illegal presence in the US a felony; increases fines and imprisonment for reentry after deportation; provides for forfeiture of goods upon arrest; Allows for temporary release before hearing if the person is not considered a threat and provides a financial bond;

Yes. Makes it a crime to knowingly be illegally present in the United States. Increases fines for reentry after deportation that increases with each reentry effort; makes criminal, trafficking in passports, executing a scheme to defraud in any federal immigration matter, knowing use of any immigration document issued  for use by another; Imprisonment and $5,000 fine if caught entering after Oct 1, 2006

 Humanitarian aides exempt from criminal prosecution.

Increase Criminal Penalties for hiring undocumented workers

Yes. And creates expanded database where employers can check credentials of job applicants;

Yes. Fines and imprisonment increased for employing illegal aliens for each incident; Improves database for employers to check credentials of applicants;

  N/A

Increase Penalties for smuggling persons

Yes. Fines and penalties increased and further increased if a gun is used and moreso if there is a death;

 N/A

Deportation Rules

Yes. Immediate deportation if captured within 100 miles of border; Undisputed deportation if convicted of an aggravated felony, domestic violence, drunk driving 3 times, stalking, child abuse; Soc Sec # and ID fraud;

Yes. Illegal can voluntarily leave after paying fine; Fines and imprisonment for reentry;

  In country less than 2 years could be  immediately deported, but a provision would allow for application for a H2C visa. In country 2 to 5 years must apply for a visa, go  out of country and then return for three years.

PROVISIONS

HOUSE HR 4437

SENATE FRIST S 2454

AMENDMENTS

Reasons to block entry

Yes. Previous deportation for criminal gang activity; Intent to further gang-related crimes;  a member of a designated gang; gang members must be detained; Other criminal history;

Yes. Violations of passport fraud, marriage fraud; Other criminal history;

Criminal record.

Efforts in Other Countries and overall plan

Calls for a National Border Strategy and cross-border security agreements; denies entry to anyone from a country that will not accept a deported illegal immigrant; Creates Border Patrol unit in US Virgin Islands;

Sends money and  equipment to Guatemala and Belize to interdict there; Creates a comprehensive land and maritime surveillance plan and a National Strategy for Border Security; Work with Canada and Mexico;

N/A

Fences and other construction

 Yes. Complete existing fence and add to it making a triple fence in some areas. Add new points of entry.

Complete and repair border fence and extend fence 25 miles on either side of Naco, AZ and 50 miles either side of Yuma, AZ; add more checkpoints and entry-point facilities; more virtual surveillance.

 N/A

Guest worker program, Citizenship path or Amnesty

No.

No. An alien of ‘good moral character’  not eligible for US citizenship but who entered the US prior to January 1, 1972 and has not since left the country is eligible to apply for citizenship.

Yes. Current illegal aliens here five years must pay a  fine, back taxes, criminal background check  to get a  6 year work visas; Can apply for green card if offered job; Family members would be allowed in without affecting visa caps and are eligible for benefits;  Can apply for citizenship after five years-eligible after eleven years; Citizenship requires English language skills. 450,000 guest worker visas per year.

Miscellaneous

Possession of a firearm prohibited; ten year statute of limitations on violations; Reimburses states and local govt’s for immigration law training and cost of jail and court; Certain sex offenders cannot sponsor an immigrant; Lists violators in the National Criminal database; Immediate relatives of US citizens free from family migration caps;

Makes tunneling under the border a crime; Creates new program for agricultural workers;