ABA REPORT FINDS ERODING DUE PROCESS,
TWO-TIERED JUSTICE SYSTEM FOR AMERICAN IMMIGRANTS

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.