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International Law Section Policy

Below is a list of international policies adopted by the ABA House of Delegates. Please be advised that members must follow the policy procedure and usage guidelines outlined in the American Bar Association’s Constitution and Bylaws, Rules of Procedure of the House of Delegates. The specific procedures are available on the policy homepage.

Immigration

Migration. Supports multinational cooperation and consultation in the formulation of national laws and policies relating to migration and urges the United States government to enter into regional and international discussions and agreements governing the flow of workers. 8/06

Immigration. Supports the due process right to counsel for all persons in removal proceedings and the availability of legal representation to all non-citizens in immigration-relatedmatters. 2/06

Immigration. Supports a regulated, orderly and safe immigration system that promotes national security, addresses the undocumented population, need for immigrant labor, value of family reunification, and the need for an effective enforcement strategy; and supports lawful permanent residence and citizenship for undocumented persons who entered the United States as minors and have significant ties to the United States. 2/06

Immigration. Urges an administrative agency structure that will provide all non-citizens with due process of law in the processing of their immigration applications and petitions, and in the conduct of their hearings or appeals, by all officials with responsibility for implementing U.S. immigration laws. 2/06

Immigration . Supports a transparent, user-friendly, accessible, fair and efficient system for administering immigration laws that has sufficient resources to carry out its functions in a timely manner. 2/06

Immigration . Opposes the detention of non-citizens in immigration removal proceedings except in extraordinary circumstances, which would include a determination, following a hearing and subject to judicial review, that a person presents a threat to national security or public safety, or presents a substantial flight risk. 2/06

Immigration . Supports the establishment of laws, policies, and practices that ensure optimum access to legal protection for refugees, asylum seekers, torture victims, and others deserving of humanitarian refuge. 2/06

Immigration . Supports avenues for lawful immigration status, employment authorization, and public benefits for victims and derivative family members, of human trafficking and other crimes described in 101(a)(15)(U)(iii) of the Immigration and Nationality Act and supports the use of Legal Services Corporation funding to provide services to such victims. 2/06

Civil Immigration Laws. Urges that the Federal Government retain exclusive jurisdiction over civil immigration matters, opposes delegation of legal authority to state, territorial and local police to enforce federal civil immigration laws, and opposes criminalization of civil violations of immigration law. 2/04

Immigration . Supports legislation to provide noncitizens who both reside in the United States and demonstrate significant ties to the United States, such as employment, tax payment, family, length of residence, with an opportunity for them and their immediate relatives to acquire lawful permanent residence. That a noncitizen residing in the United States who is eligible to immigrate through family-sponsored or other provisions of the Immigration and Nationality Act should be able to adjust to permanent residence in the United States rather than travel abroad for processing. That any temporary worker or legalization program guarantees basic labor rights with the ability to change employers and provide a realistic opportunity to obtain permanent resident status. 8/02

Children and Immigration . Supports the appointment of counsel at government expense for unaccompanied children for all stages of the immigration process and proceedings, favors the establishment within the DOJ of an independent office with child welfare expertise, and that children who cannot be released to family members or guardians be housed in culturally-appropriate family-like settings, not with juvenile offenders. 02/01

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