February 7, 2005
Representative Moran
Representative Moran
February 7, 2005
The Honorable James P. Moran
U.S House of Representatives
2239 Rayburn House Office Building
Washington, DC 20515-4608
Dear Representative Moran:
As your constituent, I urge you to oppose the REAL ID Act of 2005 (H.R. 418), which is an uncalled-for assault on immigrants and would force states to deny driver’s licenses to undocumented immigrants in violation of their own policies. I believe our borders can be protected and our security ensured through proper responses to critical needs, not misguided proposals on a nationalized drivers licenses and new requirements for people fleeing persecution.
This proposed legislation would allow officials to require people seeking asylum to get supporting evidence from the very governments they are fleeing. For example, Christians fleeing persecution in the Sudan or Saudi Arabia could be required to get corroborating documents from repressive governments. This lacks common sense: those fleeing their home countries to seek asylum in American don’t have the luxury to obtain what amounts to an explanatory note from their persecutors.
This bill would impose federal control over the issuance of state driver’s licenses, even if this violation of their own policies. The use of state motor vehicle agencies as agents of the federal immigration service would also lead to an increase in unlicensed drivers, undermining public safety and increasing insurance rates for everyone. Motor vehicles employees lack training in federal immigration law, and are likely instead to rely on ethnic profiling based on notions of who “looks foreign.”
This would expand the PATRIOT Act to allow deportations of lawful permanent residents for providing non-violent, humanitarian support to organizations later labeled as “terrorist” by the government, even where such support was completely legal at the time it was provided. The bill would retroactively make entirely legal donations, even donations made decades ago, a ground of deportation to green-card holders if the organization to which a donation was made is later added to a government terrorist list. This would lessen the flow of donations by lawful residents to projects such as tsunami relief and aid to Sudan since they would have no way of knowing whether the government might decide, at some future date, that the organization was somehow involved in terrorism.
Once again, I urge you to oppose the REAL ID Act of 2005 (H.R. 418). I believe our borders can be protected and our security ensured through proper responses to critical needs, not misguided proposals on a nationalized driver’s licenses and new requirements for people fleeing persecution.
I look forward to hearing your thoughts on this matter.
Sincerely,
James Landrith
February 14, 2005
Mr. James Landrith
PO BOX 8208
Alexandria, Virginia 22306-8208
Dear Mr. Landrith:
Thank you for contacting me concerning H.R. 418, the REAL ID Act. I appreciate hearing from my constituents on matters that are important to them.
The REAL D Act was introduced by Rep. James Sensenbrenner this year after a previous version of his proposal was rejected by the Senate during consideration of the 9/11 Recommendations Implementation Act (H.R. 10).
As you may know, the House of Representatives passed H.R. 418 by a vote of 261-161. I voted against this bill due to several troubling provisions. Masquerading as an act to enhance security, the REAL ID Act was in reality an anti-immigration bill. Most troubling are the provisions that will make it more difficult for a person to seek asylum in the United States. Under this legislation a person must prove that their race, religion, nationality, membership in a certain social group, or political opinion are the central reason for their persecution. Therefore, if a person is kidnapped because of their religion, they must prove they were kidnapped due to their beliefs, and not for any other reasons. It will also require asylum seekers to produce corroborating evidence of their claims, a time consuming process, and an asylum judge does not have to grant a continuance in a case so that evidence can be collected. Finally, an asylum seeker can also be denied due to inconsistencies in their story, even if the inconsistency has nothing to do with their persecution, or based on their demeanor, which is unique to each culture.
The asylum program has not allowed a known terrorist to enter the United States since it rewrote their policies in 1994, and none of the September 11″ hijackers used the asylum system to gain visas. Reps. Jerry Nadler and Kendrick Meek introduced an amendment to remove all of the asylum provisions in H.R. 418. I voted for this amendment, which failed, by a vote of 185 236. The United States has always been a refuge for those seeking to escape persecution in their country. We should not make it harder for victims of persecution to seek the protection they need.
Another section in the REAL ID Act will required the Secretary of Homeland Security to waive any law that may hinder the completion of the border fence along the California-Mexico border and blocks the courts from reviewing the Secretary’s actions. Due to environmental concerns related to the Coastal Zone Management Act and the California Coastal Management Program, the fence’s construction has been halted. Under current law, there can be a waiver for the Endangered Species Act and National Environmental Policy Act to construct the fence if necessary. The REAL ID Act creates a dangerous precedent and could subject the environment to irreparable harm. I voted for an amendment introduced by Rep. Sam Farr to repeal this section, but that also failed by a vote of 179-243.
The REAL ID Act also seeks to strengthen drivers’ licenses by not allowing illegal immigrants to receive one issued by the states. This would make state motor vehicle department employees unwitting immigration agents. Without the proper training it is very difficult, in many cases, to tell whether a person is a legal or illegal immigrant. However, I recognize the importance of creating a more secure drivers’ license, and believe that certain technological features could help improve national security and the integrity of all licenses.
Please feel free to visit my website at http://www.moran.house.gov that contains information on other topics of interest or to sign up for the Moran E-Digest to receive periodic email updates and issue alerts. Thank you again for contacting me.
Yours truly,
James P. Moran
JPM/cb