Senator’s 6-Point Reform Plan Melds Previous Proposals

Even though Sen. Dianne Feinstein (D-Calif.) offered no new proposals in her six-point plan on immigration reform, her recent speech created a stir among members of Congress and activists on both sides of the immigration debate.

Here is a summary and analysis of all six parts of the Feinstein plan:

* Impose a toll on all border crossings to pay for hiring hundreds of new Border Patrol agents.

The border toll idea was introduced a decade ago by Sen. Alan K. Simpson (R-Wyo.). Feinstein said a $1 toll paid by all pedestrians and passengers who arrived by car, ship or ferry last year would have raised $403 million--more than twice the Border Patrol’s annual budget.

Feinstein wants to arm the Border Patrol with new personnel, helicopters, night vision equipment and other high-tech surveillance hardware. Critics say a border fee would be an economic hardship for poor people who cross the border regularly. They add that it would take years and millions of dollars to put toll booth collection systems in place.

* Increase sentences for convicted immigrant smugglers, particularly those who endanger the lives of immigrants, and use federal forfeiture laws to recover property and assets owned by smuggling syndicates.

Feinstein’s staff picked up these ideas from several sources: A White House fact sheet that outlined the Clinton Administration’s “Alien Smuggling Policy,” a Senate immigration hearing held in May, and another Simpson bill introduced this year that proposes capital punishment for smugglers responsible for the deaths of illegal immigrants.

The penalty for smuggling is up to five years in prison and $2,000 in fines. Feinstein wants to increase the punishment to 10 years--20 years if victims sustain harm.

* Consolidate administrative deportation hearings with federal criminal trials of illegal immigrants.

This proposal was taken from two House bills. Feinstein’s staff was unable to estimate how many criminal cases would be affected. Now, immigrants accused of aggravated felonies are given separate criminal trials and deportation hearings. Immigration rights activists said the proposal ignores the complexity of immigration proceedings.

* Deport illegal immigrants who commit felonies to serve sentences in prisons of their own country.

Feinstein said U.S. taxpayers should not have to pay the cost of incarcerating illegal immigrants. Such transfers of prisoners occasionally take place voluntarily. Many officials, including Gov. Pete Wilson, are concerned that Mexican authorities would release prisoners before they complete their sentences, which means they could return to the United States and commit more crimes.

* Overhaul the overwhelmed asylum process by giving Customs inspectors and INS officers expanded authority at border checkpoints to make decisions regarding the asylum status of new arrivals.

In April, Simpson proposed an “expedited inspection” policy under which a specially trained corps of asylum examiners could decide on the spot the credibility of an immigrant’s claim. Legal groups say this would deny those fleeing persecution due process and turn away many legitimate refugees.

* Amend laws to prevent Medicaid abuses by non-residents.

Feinstein said that the government should not have to pay the medical and maternity costs for non-citizens who arrive at U.S. hospitals to give birth and then return to their country. The practice costs taxpayers and automatically grants citizenship to the U.S.-born children.

Feinstein said she is not proposing that hospitals turn away expectant mothers who seek to deliver their children at U.S. medical facilities. Rather, she wants to plug loopholes for other immigrants who have found ways to abuse Medicaid benefits. She provided no specifics.

Immigration experts said they are unaware that such Medicaid fraud is a pervasive problem.