Sweeping changes in immigration laws
have eroded the due process protection afforded to immigrants, according
to a new joint report by the American Bar Association and the Leadership
Conference on Civil Rights Education Fund.
American Bar Association
Division for Media Relations and Communication Services
WASHINGTON, D.C., Aug. 4, 2004
Sweeping changes in immigration laws
have eroded the due process protection afforded to immigrants, according
to a new joint report by the American Bar Association and the Leadership
Conference on Civil Rights Education Fund. The report, “American
Justice Through Immigrants’ Eyes,” details how seven years of changes in
our nation’s immigration laws have created a two-tiered justice system
for American immigrants, and recommends ways to restore immigrants’ due
process rights.
Unless otherwise noted, the findings and recommendations in the report
have not been approved by the House of Delegates or the Board of
Governors of the Association and do not represent the policy of the
Association.
“This report is a clear call to action,” said ABA President Dennis W.
Archer. “The laws as they stand are harming thousands of U.S. families
and their immigrant loved ones. We must fulfill our nation’s promise as
a truly inclusive society by addressing these issues and making changes
that provide our nations’ immigrants the fairness and due process
protections that are integral to our system of justice.”
“This report is vitally important. The way in which immigrants are
treated serves as the yardstick by which we measure our nation’s
commitment to civil rights,” said Wade Henderson, counselor for the
Leadership Conference on Civil Rights Education Fund and executive
director of the Leadership Conference on Civil Rights. “It shows how
the rights of one group of Americans – our newest Americans – have been
severely eroded, setting a dangerous precedent that can easily wind up
harming the rest of us.”
Among the key findings:
* Changes in our nation’s immigration laws have eliminated crucial
checks and balances in immigration proceedings.
* Low-level immigration officers are making what can be
life-and-death decisions with no standards of due process or judicial
oversight.
* Expanded grounds for deportation have led to far tougher
penalties for those born outside the United States than for those born
within.
* Because many of these new laws were made retroactive, lawful
permanent residents have been detained and deported for
activities that occurred years ago, before they were deportable
offenses.
* Business travelers, people fleeing genocide and torture,
abandoned children, abused women, and the developmentally disabled
are among those who have been deported as a result of the changes in
immigration laws. Under prior immigration laws and policies, many
would have been allowed to remain.
* Widespread detention of immigrants is costing U.S. taxpayers
nearly a billion dollars every year and disrupts the lives of American
families.
“America is a nation settled and built by immigrants. This unique
national character has always been a point of pride, an asset that set
us apart,” said Esther Lardent, chair of the ABA Commission on
Immigration, which authored the study. “This report shows that part of
our American identity is at risk. It’s time for us to come together and
restore our reputation as a beacon of freedom and guardian of due
process under the law.”
The report makes nearly three dozen recommendations for reform,
including the following:
* Severe restrictions placed on judicial review must be removed.
* Access to qualified interpreters should be provided throughout
the removal process, particularly in expedited removal proceedings.
* Defendants in criminal proceedings should be informed of the
impact on their immigration status before they enter a plea.
* The immigration consequences of a conviction should be
proportionate to the underlying offense.
* Immigration and deportation laws should not apply retroactively.
* The federal government ought not ask or require other
institutions, including local and state police, to assume enforcement
responsibility for federal immigration laws.
* Removal hearings should be public, except when required to
protect an individual’s safety or welfare, or when a judge
determines that disclosure could be harmful to national security.
The report was funded by grants from the Ford Foundation and the Open
Society Institute, and by support from the Leadership Conference on
Civil Rights Education Fund. ABA staff led the initiative, with
additional research contributed by the LCCREF.
The Leadership Conference on Civil Rights is the nation’s oldest,
largest, and most diverse civil and human rights coalition. The
Leadership Conference on Civil Rights Education Fund is the research,
education and communications arm of the civil rights coalition.
With more than 400,000 members, the American Bar Association is the
largest voluntary professional membership organization in the world. As
the national voice of the legal profession, the ABA works to improve the
administration of justice, promotes programs that assist lawyers and
judges in their work, accredits law schools, provides continuing legal
education, and works to build public understanding around the world of
the importance of the rule of law in a democratic society.
