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Newsday- Felony provision in immigration bill has become one of its controversial points
Friday May 12, 2006From Newsday:
Felony provision in immigration bill has become one of its controversial points
BY J. JIONI PALMER
May 12, 2006
At the urging of the White House, Judiciary Committee Chairman James Sensenbrenner (R-Wis.) inserted a provision into an immigration reform bill being considered by his panel making presence in the
"They didn't distinguish," Lungren said of whether the crime should be considered a felony or a misdemeanor. "It was from the White House."
A White House spokesman said the proposal actually came from the Justice Department. It is currently a federal criminal misdemeanor to unlawfully enter the country, while unauthorized presence, such as overstaying a visa, is a civil offense.
"There is an inequality in how different illegal immigrants are treated," he said. "Those that come here illegally are criminals, those who overstay their visas are not."
Lungren said lawmakers decided to make unlawful presence a felony, but when the measure was being considered on the floor of the House, administration officials ultimately objected, saying doing so would be unworkable and could make deportation proceedings more difficult.
Sensenbrenner offered an amendment to make undocumented presence a misdemeanor, not a felony. He said making the offense a felony would require a grand jury indictment and a defense lawyer at public expense. "These requirements would mean that the government would seldom, if ever, actually use the new penalties."
Sensenbrenner's amendment lessening the offense was defeated, 164 ayes to 257 noes. After the vote, Sensenbrenner said that he would change the language when lawmakers meet to reconcile differences between legislation passed by both chambers of Congress.
King, who was a co-sponsor of the bill, was the only
"Originally, the Republicans wanted to make presence in the
Rep. Tim Bishop (D-Southampton) agreed, saying the amendment didn't offer any real choice.
"It reduces the penalty from felony to misdemeanor within the context of the bill, but I'm opposed to a blanket criminalization," he said.
But King, who has been one of the most aggressive voices in Congress for tighter border security, said the arguments of his Democratic colleagues are disingenuous.
"That's like being against the death penalty, but voting against an amendment calling for 20-to-life because you think it should be 5-to-10," he said. King ultimately voted for final passage of the bill, including the felony provision.
Prompted by what he calls "distortions" of his positions on curbing illegal immigration by Newsday, King is delivering his message via an automated phone call to voters directly in his district. Asked to describe what he considers distortions, he said his position on the felony provision has not been fully reported.
"I'm doing all that I can to protect our borders and not grant amnesty to illegal immigrants," a portion of the roughly 20-second script reads. "I am also strongly supporting legislation which makes it clear that our national anthem should be sung only in English. 'The Star Spangled Banner' symbolizes our unity as a nation, and singing the anthem in a foreign language can only divide our country."
King,
"Congressmen have an obligation to communicate with their constituents. This is especially true on
Copyright 2006 Newsday Inc.