ABA tells U.S. Senate that due process and judicial review provisions in immigration bill need changing

In a letter [PDF] to the U.S. Senate Judiciary Committee, the American Bar Association is asking for changes to pending comprehensive immigration reform legislation that will preserve due process for immigrants and refugees while promoting family unification and protecting our national security. A bill introduced by Sen. Arlen Specter fails to "realistically address the U.S. undocumented population and the need for immigrant labor," wrote Robert D. Evans, director of the ABA government affairs office.

The ABA supports "reform that includes a path for undocumented individuals to adjust to lawful immigration status without departing the U.S., adequate channels for necessary future workers, and avenues for family reunification," Evans wrote. But it opposes provisions in the proposed legislation that would "eliminate or restrict administrative and judicial review for immigrants in a broad array of situations," such as a requirement that workers who apply for Conditional Nonimmigrant Work Authorization waive their rights to administrative or judicial review of a decision on their eligibility for conditional status, and a provision that would limit judicial review for participants in the Temporary Guest Worker program.

In addition, one provision of the bill "would make criminals of millions of undocumented immigrant workers, as well as visitors, students, asylum seekers, and others for even minor or technical infractions," and several retroactivity provisions would impose burdens on or reduce benefits to people who did not have the ability to take the new law into account when making decisions or shaping their conduct.

The ABA believes in integrating immigrants into the United States, preparing them for citizenship, and acculturating them in core U.S. civic values, and Evans commended the bill's Civics Integration Grant Program. However, the ABA opposes a provision that would disqualify immigrants from becoming citizens for conduct that would not have disqualified them when the conduct occurred, while simultaneously depriving such applicants of judicial review.

Immigration reform is a legislative priority for the ABA.

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