Controversial anti-immigration provisions that were stripped from an intelligence bill last year have resurfaced as the "Real ID Act," setting the stage for a partisan fight in Congress that could affect the cases of thousands of asylum-seekers.
Authored by the powerful chairman of the House Judiciary Committee, Rep. James Sensenbrenner, a conservative republican from Wisconsin, the bill has 115 co-sponsors, all but one Republican.
It sets tougher security standards for the issuance of drivers’ licenses, including proof of lawful presence in the U.S. All states would be required to comply, to "eliminate weak links in domestic identity security."
The act would also close the three-mile gap in the fortified U.S.-Mexico border fence near San Diego, California.
But it is the asylum provisions of the proposal that have drawn fire from human rights groups.
These would amend the refugee system, which Rep. Sensenbrenner says has been "abused by terrorists," allowing immigration judges to determine witness credibility in asylum cases, and raising the bar for many asylum-seekers to prove they are fleeing persecution in their home countries.
"It is deeply unfortunate that Chairman Sensenbrenner has made his top priority an unwarranted attack on immigrants," Tim Edgar, legislative counsel for the American Civil Liberties Union (ACLU), told IPS.
Another group, Human Rights First (HRF), warned that "if enacted, the bill’s anti-refugee provisions would fundamentally change U.S. asylum law. Many refugees who have fled brutal human rights abuses – including torture, rape, and other horrific violence – will be barred from receiving asylum under these provisions."
Meanwhile, President George W. Bush is moving in the opposite direction, pushing a "Guest Worker" program that would loosen restrictions on immigrant workers.
Speaking to reporters last month, Bush said his program would link up "a willing worker and a willing employer. The system right now spawns coyotes and smugglers and, you know, people willing to break the law to get people in our country."
Bush’s proposal would provide temporary legal status to illegal immigrants already in the country and to foreigners abroad to work for three-year intervals in the United States.
Sensenbrenner rejects this idea, believing Congress should act first to prevent illegal immigrants from getting driver’s licenses and pass other immigration restrictions.
"I think it’s important to get this legislation enacted and we ought to divide the debate between security and immigration. If we mix the two, the word will get out that immigrants are a security threat," Sensenbrenner said.
"American citizens have the right to know who is in their country, that people are who they say they are, and that the name on a driver’s license is the holder’s real name, not some alias," he said.
According to HRF, the most objectionable parts of Sensenbrenner’s proposal would allow a refugee to be denied asylum if he is unable to produce documents that confirm his case; require a refugee to prove his persecutor’s "central" reasons for harming him; and give immigration officers and judges broad leeway to deny asylum based on perceived demeanor and statements, ignoring the fact that survivors of rape or similar abuses may appear lacking in emotion.
"In promoting his asylum changes, Chairman Sensenbrenner has repeatedly characterized his provisions as necessary to prevent terrorists from ‘gaming’ the system," HRF said.
"Current law, however, already bars those who present a security risk from getting asylum – asylum seekers undergo rigorous security and background checks from the time they apply until they are granted. In fact they continue to undergo these clearances even after being granted asylum and until they receive their green card."
Most of the Sensenbrenner immigration provisions were originally included in the House version of the Intelligence Reorganization Act at the end of 2004, but were removed because of strong opposition from the Senate and the White House. The intelligence measure enacted into law many of the recommendations made by the 9/11 Commission.
"Sensenbrenner continues the congressional tradition of targeting genuine asylum-seekers to score rhetorical points against terrorists," Mark Dow, author of American Gulag: Inside U.S. Immigration Prisons, told IPS.
"He is simply unconcerned with the damage that his political maneuvering may do to human beings and their families."
