Sheila Jackson-Lee (TX-18)

May 3, 2006

President George W. Bush
The White House
1600 Pennsylvania Avenue, N.W.
Washington, DC 20500

Dear Mr. President:

The nation you lead has arrived at a critical moment in history.  Hanging in the balance is whether the United States will continue into the 21st century a confident, unified, forward looking nation proud of its ancient heritage as the global beacon of immigrants everywhere or renounce this heritage and attempt to seek refuge from the world behind barricades to be erected on its southern borders.  More than anything else, what will determine the outcome of this contest is the active leadership and purposeful engagement of the President of the United States.  I am, for that reason, writing to request that you convene at the earliest possible time a summit of the leading members of Congress on the subject of immigration.  Unlike the meeting you held recently with Republican senators, the summit I propose you convene must be bipartisan and bicameral.

You are to be commended for your meeting with Republican senators in an effort to bridge the divide between the minority of Republican senators who favor an immigration policy heavily weighted toward border enforcement with little or no access to future earned citizenship for any of the estimated eleven million undocumented immigrants on the one hand, and the majority of Republican senators who favor a more balanced approach to the twin pillars of border security and legalization of status.  Narrowing the gulf between these competing factions of Republican senators was important enough to warrant your personal involvement.

As great as the gap may be between leading Republican Senate immigration proposals, it pales in comparison to the divide between the majority of the House Republican Conference and Democrats in the House and Senate.  As you are no doubt aware, it is unlikely that any immigration policy can be enacted by the Congress which does not command substantial support from Democratic senators and significant support from House Democrats.

Key provisions of the “Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005,” H.R. 4437, the bill passed by a large majority of House Republicans last December, are simply unacceptable to a large majority of the House and Senate Democrats, and judging by the public demonstrations we have witnessed over the past several weeks, by large segments of the American public.  An especially odious provision of the House passed bill is section 203, which makes illegal entry into the United States a felony, punishable by a maximum sentence of 10 years imprisonment.

The bill passed by House Republicans, H.R. 4437, contains many other provisions that go well beyond the boundaries of the current immigration debate and well beyond enforcing current immigration laws. For example, H.R. 4437:

· Criminalizes millions of immigrants.  Anyone in the U.S. illegally would be subject not only to deportation but imprisonment as well.

· Greatly expands the definition of smuggling so that innocent acts of kindness and daily, casual contacts that many Americans have with undocumented immigrants are rendered unlawful. U.S. citizens married to undocumented immigrants could be convicted of aiding aliens. Persons driving their nannies to an appointment could be convicted of transporting aliens.

· Greatly expands mandatory detention and expedited removal, potentially imprisoning millions of persons and generating huge costs to the taxpayer while accomplishing little in the way of deterring migration.

· Expands the definition of "aggravated felony," rendering legal immigrants convicted of minor offenses in the past ineligible for immigration benefits including naturalization. Those negatively affected by this will inevitably be American families, who could face separation as a result.

· Deputizes local law enforcement officials against their consent.  Local law enforcement officials are required to enforce federal immigration laws.  Local officials object to this mandate because it undercuts their ability to protect the public safety.

Your direct involvement in bipartisan, bicameral negotiations with Republican and Democratic leaders, including the chairs and ranking members of the relevant jurisdictional committees, could be particularly helpful in brokering an agreement that accomplishes two important objectives: (1) House conferees would refrain from insisting on the retention of the provisions of the House bill which makes illegal entry or unlawful presence in the United States a felony punishable by a 10 year prison sentence; and (2) providing the necessary leadership to pave the way for a more humane and comprehensive immigration policy, one that combines border security and access to legalization of status.

As Ranking Member of the House Judiciary Subcommittee on Immigration, Border Security, and Claims, I look forward to participating in the summit I urge you to convene. Thank you for your consideration.

Very truly yours,

Sheila Jackson Lee
Member of Congress
Ranking Member of Immigration, Border Security, and Claims Subcommittee
U.S. House Committee on the Judiciary