Immigration Restriction Bill Introduced in House
Posted Jul 05, 2002

The Chairman of the House of Representatives' Subcommittee on Immigration, Border Security and Claims, George Gekas (R-Pa.), introduced an extensive, restrictive immigration bill on June 26, 2002. The bill, known as the Securing America’s Future through Enforcement Reform Act or “SAFER” Act (H.R. 5013), is proposed to make sweeping immigration reforms. We clarify for MurthyBulletin and MurthyDotCom readers that this is still only a bill. It is not the law. Doubtless, the bill will be hotly debated and, likely, either entirely defeated or substantially revised in order to reflect an appropriate immigration policy. Border security and screening of both visa applicants and applicants for entry to the U.S. are positive goals. However, it is crucial that security issues be carefully balanced with proposed cut backs in legal immigration, elimination of immigration relief and appeal rights, and criminalization of immigration status violations.

The SAFER Act, offered in reaction to the events of September 11^th, seeks reforms in six aspects of immigration policy as set forth below. Many sections of this bill raise concern for immigrants, including a portion that would "modestly" reduce current levels of immigration by about 20 percent. Lawmakers will have to weigh the potential security benefits with the costs of further limiting the numbers of those who can legally immigrate to the U.S.; of families who can be reunited and workers who can fill the employment needs of U.S. businesses.

The six areas of "reform" proposed by the bill are as follows:

Border Security

The bill contains provisions that would increase the number of Border Patrol officers and allow the President to use the military to supplement the Border Patrol. It would also increase the penalties for smuggling illegal foreign nationals into the U.S.

Tracking

The bill would require tracking of the entries and exits of all foreign nationals. By January 2003, the student tracking system would have become mandatory and operational. This bill proposes adding all other foreign nationals to this tracking system. It would require periodic fingerprinting and registration of all "long-term alien visitors and residents."

Screening

The SAFER Act would increase the number of INS inspections officers and require the U.S. Department of State (DOS) to conduct in-person interviews of all visa applicants. It would require that persons entering under the visa waiver program have passports with biometric indicators. It would prohibit entry of any foreign national who is the member of a terrorist organization, supports terrorism, or solicits funds for terrorist organizations. It would also increase funds available for locating fraud in connection with visa applications.

Terrorist, Criminals, and Human Rights Violators

The SAFER Act would require expedited removal of foreign nationals who are members of terrorist organizations, support terrorism, or solicit funds for terrorist organizations. It would prohibit persons who have committed serious human rights violations from entering the U.S. and would require removal of all foreign nationals who commit murder, rape, or sexual abuse of a child. It would eliminate relief in removal proceedings for these people based on any claims that they face torture upon return to their home countries.

Internal Enforcement of the Immigration and Nationality Act

The bill contains provisions to increase the anti-counterfeiting features of birth certificates, drivers' licenses, and Social Security cards. It would require employers to check the validity of new employees' Social Security numbers in an effort to prevent undocumented persons from obtaining employment.

Of greater concern, if made law, an overstay of more than six months would be made a federal crime and "excessive" court reviews of removal orders would be eliminated.

Reform of Legal Immigration

The bill would eliminate visa eligibility for all nationals of countries that are state sponsors of terrorism. This would punish even those who would flee such countries to escape fanatical governments.

As stated above, the immigration levels would be reduced by about 20% from current levels. This, as well as many of the bill's other provisions, is certain to be met with strong opposition.