It would require the border patrol to pick up and deport, without any administrative hearing, anyone within 100 miles of the border that an agent thinks is an undocumented immigrant who has been present less than 14 days. How the officers are to determine the legal status of the deportees is not addressed in the legislation. The de facto result of this legislation is that anyone within 100 miles of the border (north or south) who is suspected of being here illegally could by deported without any sort of hearing or reviews.

Under current law, individuals who arrive without documents, including asylum-seekers, are subject to mandatory detention. Again this applies mainy to those arriving at airports or by sea. 60% of detainees are held in local jails under contract to the federal government, where they are generally not segregated from the criminal population even if they are asylum-seekers and others with no criminal record.

Under this new bill, the mandatory detention policy would be extended to all non-citizens who are detained at any port of entry or anywhere “along” the border for any reason.

As defined in the bill it includes any violation, even technical, of any immigration law or regulation. Even if the immigrant was to fall “out of status” unintentionally, or do to paperwork delays. In essence, the bill makes every immigration violation, however minor, into a federal crime. As drafted, the bill also makes the new crime of “illegal presence” an “aggravated felony” for immigration purposes.

HR 4437 would permit indefinite detention of an increased broad class of non-citizens, including:

• those with a contagious disease
  
• any non-citizen convicted of an “aggravated felony,” (see above)
  
• non-citizens whose release would pose foreign policy problems
  
• non-citizens charged even with very minor immigration violations who, based on secret evidence, are deemed a national security risk.

The problem with all of HR 4437 (outside of its possible unconstitutionality, racist overtones, and a lack of judicial checks and balances) is that all of these new programs are predicated on the government having a reliable, accurate and easily accessible information management system to ensure that those who don't "belong" here are kept out, while those who do belong are not penalized.

Currently immigrants can wait for months and sometimes years to have their paperwork handled. Often they will fall "out of status" for long periods of time while they wait for the government to process their paperwork. Work permits expire, TPS status expires, and immigrants must wait for their new cards to be processed. Under 4437 all of these immigrants would automatically be subject to prosecution.

Then there is the problem of the computer systems and record keeping. The US Citizenship and Immigration Service, a branch of Homeland Security, has come under fire from outside analysts and government auditors for having one of the most ineffective data management systems in the entire government.