AMENDMENTS THAT MATTER: DUE PROCESS

Originally posted by AmericasVoiceOnline.org

If you think the Senate Judiciary Committee’s markup of the Gang of 8 bill has been intense so far, you ain’t seen nothin’ yet. As the SJC moves into Titles II and III of the bill—which cover everything from E-Verify to detention policy to family immigration to agricultural workers, not to mention the path to citizenship itself—we’re highlighting some of the major areas we expect to see addressed, and the amendments we’re particularly hopeful about or upset by within each one. That’s why we’re starting this “Amendments that Matter” blog series today. Below is a guest post from David Leopold of the American Immigration Lawyers Association, writing about due process and the Senate Gang of 8 immigration bill.

Also view our list of key amendments filed in the Senate Judiciary Committee to S. 744. 

“Due process and fundamental fairness” are not words often associated with immigration enforcement, especially the deportation process.  So, as the Senate Judiciary considers the interior enforcement provisions contained Title III keep a close eye on a several amendments, some promising, others not so much, which go to the heart of due process in immigration proceedings.

Here are a couple of the amendments to root for:

Blumenthal 14— This amendment goes a long way toward restoring due process and fundamental fairness to the immigration courts by proposing four basic due process improvements, including:

• Giving respect to state court judgments to vacate, expunge, or otherwise nullify their own judgments of conviction.
• Preventing the removal of noncitizens from the US for an offense that would not have resulted in deportation at the time the time it was committed.  This long-overdue provision reflects our most basic value of fairness.
• Enhancing the procedural protections already in the bill which protects the rights of noncitizens in removal proceedings. Importantly, it adds much needed protections to noncitizens who, through no fault of their own—they were not notified of the hearing date, they were seriously ill, they were attending to a family emergency—did not appear at their removal hearing.
• Making important technical changes which would prevent the deportation of individuals for minor offenses, including in some cases offenses for which they spent no time in prison.

Coons 5—This amendment ensures that a noncitizen facing deportation will receive a copy of their immigration file.  That’s important because immigration law is very complex.  Even though a person may be subject to deportation, the immigration law may include the right to apply to the immigration judge for the right to remain lawfully in the US.  But a person in deportation proceedings may not even know he or she is eligible for relief from deportation without looking at their immigration file.  By giving immigrants in deportation proceedings a chance to review their immigration history, this amendment strengthens the integrity of our immigration courts.

And here are a couple of amendments that are cause concern:

Grassley 43—The base bill already gets tough on noncitizens convicted of gang related crimes.  But as the Los Angeles Times said on its editorial page, this amendment goes too far by “excluding immigrants who have no criminal history simply because their names appear in a database of gang members or on a gang injunction.” Relying on factors like tattoos, style of dress, ethnic background, or neighborhood associations,  it gives no opportunity for an alleged gang member to present his/her case to a judge and could lead to racial profiling and discrimination..

Grassley 44—The bill already provides tough provisions against drunk driving. But this amendment goes too far by making 3 drunk driving offenses an aggravated felony.  That would mean automatic detention and permanent exile, regardless of how old the offense is, U.S. family ties, or evidence of rehabilitation. It would also apply to DUI convictions that occurred years ago, regardless of rehabilitation, offending our basic notions of due process and fairness.

Grassley 45-47–These amendments would lead to the imprisonment of more immigrants for what is essentially a status offense, wasting taxpayer dollars, worsening prison crowding problems, and diverting law enforcement from going after traffickers, smugglers, and other dangerous criminals.

The amendments would also needlessly harm immigrants who are actually victims of domestic violence.  Often, both parties in a domestic dispute are arrested, and at times, the person who speaks less English or is undocumented is mistaken for the abuser.  That will harm our communities by breaking up families and putting domestic violence survivors at risk of deportation.

Finally these amendments would strip long-needed due process protections and procedural improvements to the fairness and efficiency of the immigration custody review process contained in S.744. It also eliminates an important provision that would align immigration bond determinations with criminal justice standards.

As the Senate marks up Title III it is critical that the senators strike an important balance between necessary enforcement of the immigration law and the protection of fundamental fairness and due process.  We need to ensure that the immigration law ultimately enacted by Congress jealously guards the cherished freedoms and protections we all hold dear.

Tagged as: Amendments that Matter, Immigration, Immigration 2013, Immigration Reform,Legislation

America’s Future In 844 Pages

Originally posted on Huffington Post

The time for talk is over.

Early this morning the bipartisan bill put together by the Senate “Gang of Eight” through painstaking negotiation and old-fashioned hard work was released. Whatever position you take on immigration reform the senators’ bill, or the “Border Security, Economic Opportunity, and Immigration Modernization Act,” represents a critical break in the partisan bickering that has paralyzed Washington for far too long. The issue is not whether we can all agree on every provision of the Senate bill — of course we won’t. But Senators Rubio (R-FL), Schumer (D-NY), McCain (R-AZ), Menendez (D-NJ), Graham (R-SC), Durbin (D-IL), Bennet (D-CO), and Flake (R-AZ) have shown the country that “politics as usual” can still be courageously cast aside for the good of the country.

It’s now time for the rest of us to roll up our sleeves and get to the hard, unglamorous work of rebuilding a broken immigration system into one that puts America first. We have a bill before the Senate, a legislative proposal to review and digest, and a patriotic duty to pass immigration reform now.

Make no mistake. There is a long road ahead before America creates an immigration process that will keep our borders secure, keep American families safe and together, give American business the tools it needs to compete in a global economy, provide a roadmap to citizenship for the 11 million aspiring citizens now living in the shadows, and restore due process to the immigration courts.

There will be much to praise, criticize and pick apart in the days and weeks to come. But for those who love this country, for those who cherish everything that has made America that “shining city on the hill” that President Reagan so beautifully envisioned, there is no choice now. America needs immigration reform.

We need to find a humane, reasonable solution for the 11 million undocumented immigrants and the bill does that; we need to ensure the border is secure and provides for the safe movement of people, and the bill does that; we need to welcome the best and the brightest to our shores — the innovators, job creators, researchers, STEM professionals — and the bill does that; we need a well-designed temporary worker program that protects the wages and working conditions of U.S. workers and includes a path to citizenship, and the bill does that.

This group of senators has proven that it can break through the political gridlock and put the country first by producing a good and fair bill. Now everyone — from legislators to advocates — has to stand up and do everything in our power to make sure this effort comes to fruition. We cannot rest until it is enacted, because the work isn’t done until then. We must continue to put forth a great effort because these opportunities only come along once in a generation. Shame on all of us if it fails.

Let’s not make the perfect the enemy of the amazing. We must pass immigration reform now. America deserves nothing less.

READ IT: The TEXT of The Senate #Immigration Bill. #TimeIsNow

READ/DOWNLOAD THE SENATE BILL—> HERE

The #TimeIsNow: Five Reasons Why Congress Will Pass #Immigration Reform

Originally posted on the AILA Leadership Blog by David Leopold

Things are different this time around.

The passion is different, the energy is different and, most of all, America is different.  As Congress gets ready to take on what is arguably the most contentious issue in the country, there is no mistaking it: America is ready to create an immigration process that will protect our borders, keep our families safe and together, give our businesses the tools they need to compete in the global economy, and provide a roadmap to citizenship for the 11 million aspiring citizens currently living in the shadows.

And why are things different?  Here’s what’s changed since 2007, the last time an immigration bill was presented to Congress:

1.       The Latino Vote

The 2012 presidential election will be remembered not only for the re-election of the first African-American president, but for the power of the Latino vote.  To be sure, as Americans, Latinos are concerned about issues other than immigration—including health care, the economy, gun violence, and education.  But for them, the broken immigration system is personal.  It doesn’t go away with the flick of a television switch. Many Latino voters have a family member or close friend entangled in the web of arcane rules and confusing regulations known as U.S. immigration law.  Someone in their life–a parent, a brother, a cousin, a friend– is threatened with deportation.

Last year, President Obama, after presiding over record numbers of deportations during his first term, promised Latino voters that if re-elected he would put immigration reform at the top of his “to do” list.  Governor Romney, on the other hand, embraced restrictionists like Kris Kobach and Joe Arpaio, railed against “amnesty” and promised Latinos little more than “self-deportation”.

The lesson of the election: Latinos are a formidable force in American politics and can no longer be ignored.

2.       The DREAMERs Are Now Doers

A funny thing happened since the DREAM Act was first introduced in 2001.  The DREAMERs grew up.  And they grew up as Americans, watching football, going to homecoming dances, eating hotdogs on the 4^th of July and dreaming about giving back to the country they’ve struggled against all odds to enrich. They are no longer the helpless children who were brought to the U.S. by their parents.  Today they are, in effect, undocumented Americans.

Through masterful use of 21^st century tools like Facebook and Twitter, coupled with old fashioned organizing and courage, the DREAMERs have become a key voice in the struggle for immigration reform.  They, more than any other group, deserve the lion’s share of credit for pushing the Administration to grant an administrative deportation reprieve to qualified undocumented youth last year.

And for DREAMERs there is no giving up on their journey toward US citizenship.  They will no longer take no for an answer.

 3.      There Has Been Unprecedented Immigration Enforcement

Unlike in 2007, today the border is secure. A recent report published by the American Immigration Lawyers Association found that the border security benchmarks of the past immigration reform bills have been met or exceeded. These include improvements in border infrastructure and technology, detention facilities, and increased border personnel. In fact illegal crossings are down to their lowest levels in 40 years.

4.       Business and Labor Agree on a Guest Worker Program

The fact that business and labor could come to an agreement on a guest worker program — perhaps one of the most contentious issues in the immigration reform debate — means the energy is there, the desire is there, and the need is there for immigration reform this year. And if the AFL-CIO and U.S. Chamber of Commerce can find common ground, then Democrats and Republicans in Washington can too.

5.       The American Public Supports Immigration Reform

According to a recent NBC News/Wall Street Journal poll 76% of Americans support creating an immigration process that includes a roadmap to citizenship for the 11 million new American immigrants if they pay a fine, back taxes and complete a background check.  Most Americans, 54% according to the poll, believe immigration strengthens America—that’s up from 47% a year ago.

So, that’s why we’re here, in this place, at this moment, ready to move forward on immigration reform. The time is now, now is the time.