HR 4437, Sensenbrenner Bill, a Threat to LGBT Immigrants

What is the HR 4437?

HR 4437, or the Sensenbrenner Act after its author James Sensenbrenner (R-WI), is one of THE most misguided pieces of legislation even introduced in Congress. Sadly, it passed the House of Representatives late December 2005. It is expected to reach the Senate in March 2006. If passed, the bill would then go to President Bush for signature.

How would it affect LGBT immigrants?

1) Asylum
Currently, it is considered a crime to use false documentation to travel into the United States. HR 4437 would stiffen penalties for people traveling with forged documents. But many times these documents are the only tools available to asylum seekers trying to flee dangerous conditions. In many countries homosexuality is punishable with death. LGBT people who are known to the authorities may have a harder time leaving the country if they used their real names. Lesbians in countries where women constantly need male chaperones may disguise as men to escape oppression. Therefore the utilization of fake documentation is a valid alternative for people fleeing oppression, discrimination, violence and even death. If passed, HR 4437 would deny asylum seekers this option. If found, asylum seekers using fake documentation would be deported to their countries of origin regardless of the threats faced there, and would prevent them from re-entering the U.S.

2) Transgender travelers
In addition of hindering access to asylum seekers, transgender individuals may be at heightened risk of deportation simply because they are transgender. In many cases, the physical appearance of transgender travelers does not match their documentation. As a result, immigration officials could arbitrarily assume that the documentation is false, and unjustly deport a transgender individual. This could be coupled with item #6 below to further hinder transgender immigrants to the U.S.

3) Criminalization of immigrants
Anyone who stays in the U.S. without a proper visa breaks the law. Under HR 4437, people in this situation would become “aggravated felons,” or the same as murderers or drug traffickers. Receiving this harsher title implies harsher penalties, including incarceration alongside hardened criminals, deportation, and being barred from reentering the country.

In addition, the bill increases the number of deportable offenses, making it harder for families to remain together. For some even drunk driving would be a deportable offense.

4) Definitions of "Alien Smuggler"
Anyone that aids an undocumented immigrant would become an “alien smuggler.” The “alien smuggler” could then be a partner who houses the undocumented immigrant, a LGBT non-profit providing immigration advice, the local doctor who provides healthcare, a church group, a support group, a neighbor giving someone a ride, etc.

5) Reverse court rulings
The U.S. Supreme Court has ruled in many occasions in favor of immigrants, especially when they faced excessively harsh laws that denied them their rights. HR 4437 is the immigration version of the Federal Marriage Amendment in which conservatives seek to remove power from the courts to deny people protection.

6) Easier denials of residency
Under HR 4437, it would be easier for any immigration officer to deny an application for permanent residency. The officer would not be even require to explain why, and may allege that “secret evidence” was being used. Homophobia could easily be this secret evidence.

7) Waiver of rights
By simply applying for a visa to the United States, visitors seeking non-immigrant visas (tourist, students, workers, artists, etc.) automatically waive their rights and are further left at the mercy of immigration officers. At any point of the visitor’s attempt to enter the U.S. he or she will not have the right to fight a deportation (unless the person is seeking asylum).

A Q&A specifically created for binational couples can be found at Immigration Equality.

For more information, please visit the National Immigration Forum.