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The 'Real ID Act' is all wrong
In the name of security, Congress is considering an assault on immigration
Monday, April 11, 2005

Notwithstanding clear evidence that intelligence failures led to the 9/11 attacks, some members of Congress continue to scapegoat immigrants. The newest foray into blame-shifting is HR 418, the so-called "Real ID Act," introduced by Rep. James Sensenbrenner, a Republican from Wisconsin.

This measure is a horrible piece of legislation. It would erect new barriers to block those coming to our shores fleeing persecution, bar the granting of driving privileges to those who operate motor vehicles on our highways and cut off immigrants from basic due process and fundamental fairness in immigration proceedings. Moreover, it would allow the erection on our borders of actual barriers -- and their construction would proceed with complete disregard for worker wages and safety and our carefully crafted environmental laws. In addition, the Real ID Act is another thinly shrouded attempt to institute a national ID system.

HR 418 passed the House of Representatives without any debate. The Senate should oppose this bill on its merits and just say "no" to it either as a stand-alone measure or one attached to important legislation, as the House did, attaching it to the must-pass supplemental appropriations bill that funds tsunami relief and our troops in Iraq. Our senators, Arlen Specter and Rick Santorum, need to step up and oppose this bad bill. It would do the following:

Harm refugees: The heightened eligibility standards and stricter requirements for evidence in the Real ID Act would permit the denial of asylum to a Christian fleeing persecution, a battered immigrant woman or a Soviet Jew who was beaten and robbed by police, if each cannot prove that persecution was the "central" motive of their attackers, and if none can provide documentary proof that persecution was the motive.

Hurt long-time permanent residents: The Real ID Act would make noncitizens, including long-time permanent residents, deportable for past lawful speech or associations. This strips from immigrants First Amendment rights they are entitled to and that are cherished by us all. It would, for example, permit the deportation of a legal permanent resident who innocently makes an online contribution to a tsunami relief fund that is a subsidiary of an organization in a Tamil Tiger-controlled region of Sri Lanka.

Permit more secret hearings and trials and cut back judicial review of deportation orders: The Real ID Act would broadly expand the restrictions on judicial review imposed by laws enacted in 1996 that gave rise to in absentia deportation trials, closed-door secret-evidence deportation trials, and video-conference deportation trials where the judge is in one city and the alien in another. The bill also would not prevent asylum seekers, already fighting uphill battles to prove their cases, from being deported back to their persecutors before a final decision by a federal court.

Put untested drivers behind the wheel: The Real ID Act would make it far harder for an alien, legal or not, to get a driver's license. By setting federal eligibility requirements for driver's licenses, including restrictions on immigrants' access to licenses, the Real ID Act would undermine, not enhance, national security by pushing people deeper into the shadows.

The largest set of law enforcement databases in the world are the driver's license records held by the states. If we prevent those about whom we want information from giving us that information, how does that advance national security and law enforcement? And, licensing is a means to assure that those who drive on our roads have some degree of skill. The Real ID Act will stop even the minimal skills-testing that comes with getting a driver's license.

Encourage "bounty hunters": Under Real ID, private bounty hunters would be given access to confidential law enforcement files on noncitizens. It is already difficult to determine the status of an immigrant in the United States, with the myriad documents that can indicate lawful presence. It is even harder to determine whether a specific individual is in deportation proceedings, and to determine with certainty the identity of an individual suspected of being in the United States illegally.

The Real ID Act would give broad powers to untrained and bounty-driven civilians to stalk and arrest immigrants, even when they meet the terms of their bonds, solely on the bounty hunter's opinion that they might flee.

Authorize disregard of our laws in order to build a fence along our border: The Real ID Act would authorize the secretary of Homeland Security to waive all federal, state and local laws to expedite construction of security fences and barriers at our borders. Construction of the fence could proceed without regard to wage and hour protections, hiring and anti-discrimination laws, occupational safety laws and environmental laws.

None of the provisions in this bill has been subject to hearings or meaningful debate. And none of these measures would have prevented or impeded the 9/11 attacks. Tragically, these provisions also would do nothing to make us safer. In fact, they would undermine our security by diverting resources from effective initiatives and alienate immigrant populations here and our allies abroad.

First published on April 11, 2005 at 12:00 am
Robert P. Deasy is an immigration lawyer who practices on the South Side (rpd@deasylaw.com). He is a member of the Board of Governors of the American Immigration Lawyers Association.
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