 American Bar Association
2002 Legislative and Governmental Priorities
Background ·
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Background
Immigration has been and is likely to remain an issue of major
national importance. Prior to the events of September 11, 2001,
the need for reform was propelled by the growing political clout
of Hispanic and Asian voters and concerns that laws enacted in 1996
went too far and are tearing apart American families. The Illegal
Immigration Reform and Immigrant Responsibility Act, P.L. 104-208,
enacted during the 104th Congress overhauled the nation's immigration
system. It gave low-level immigration officers at airports and other
points of entry final authority to exclude and deport immigrants
and imposed new financial obligations on an immigrant's sponsor.
Many due process protections were eliminated from the deportation
process and are being applied retroactively. Immigrants and refugees
can be detained without bond and deported without hearings or consideration
for discretionary relief. It also restricted federal court review
and oversight of Immigration and Naturalization Service (INS) decisions
and practices. Other provisions passed in 1996 erected new barriers
to legal immigration, restricted long-term legal immigrants and
refugees from receiving a wide range of public benefits, and required
service agencies to verify the citizenship or immigration status
of individuals applying for public benefits. These provisions are
causing great anxiety and hardships for immigrants and their U.S.
families.
Several measures were passed in the 105th and 106th Congresses
to reduce the harsh effects of the 1996 laws. Significant public
benefits were restored for selected immigrants, refugees, and long-term
residents, including Medicaid, Supplemental Security Income (SSI)
and food stamp privileges. Several one-time immigration programs
also were enacted for designated nationalities. Nicaraguans and
Cubans benefited from a generous legalization program. Haitians
who were brought to the U.S. from Guantanamo in the early 1990’s
also were allowed to adjust to lawful permanent residence. "Suspension
of deportation" relief was restored for nationals of El Salvador
and other designated Central American and former Eastern Block nations
who had lived in the United States since 1990. The lack of uniformity
in these laws and the large number of individuals whose immigration
status was not resolved galvanized a broad coalition of labor, business
and immigration groups to seek further reforms.
At the very end of the 106th Congress, provisions were included
in the Omnibus Appropriations Act of 2001, P.L. 106-553, to resolve
the status of thousands of legalization applicants whose cases were
never decided under the 1986 Immigration Reform and Control Act.
That legislation also lifted temporarily a procedural impediment
to obtaining legal permanent residence through the family- and employment-based
legal immigration system. Important measures that would have restored
discretionary relief from deportation, provided a legalization program
for agricultural workers, and restored additional public benefits
were the subject of negotiations until the final days of the Congress,
but were eventually dropped before Congress adjourned. Although
disappointed with the outcome, the ABA and other pro-immigration
organizations are optimistic about forging a bipartisan consensus
to achieve victories in the 107th Congress.
In addition, the ABA worked closely with the INS and Attorney General
Reno during the past five years to develop the first-ever detention
standards to provide uniform treatment and access to counsel for
all immigration detainees, whether in INS-operated facilities or
local jails under contract to the INS. The ABA is monitoring the
implementation of those standards.
Detailed
106th Congress Background Information
Current Status
Since the attacks on the World Trade Center and the Pentagon on
September 11, 2001, several anti-terrorism legislative proposals
have been introduced. The Administration has proposed folding the
Immigration and Naturalization Service (INS) into a proposed Department
of Homeland Security. In addition, the USA PATRIOT Act of 2001 (P.L.
107-56), which contains immigration provisions, was signed into
law on October 26, 2001. It confers unprecedented authority on the
Attorney General to detain foreign nationals for up to seven days
without charging them and to hold them indefinitely at the conclusion
of removal proceedings. The legislation also limits judicial review
of these detention decisions and expands the grounds of deportation
to include lawful activities and charitable donations to groups
later suspected of being connected to terrorist activities or organizations.
In addition, Congress is considering legislation (S. 2452/H.R.
5005) that would combine several existing federal agencies into
a new Department of Homeland Security. The new agency primarily
would be responsible for thwarting terrorist attacks. Both the House
and the Senate versions of the legislation include provisions that
would improve conditions for unaccompanied alien children (i.e.
appointment of counsel).
A number of other immigration bills have been introduced during
the 107th Congress in the House. Rep. Bob Filner (D-CA) introduced
the Keeping Families Together Act of 2001, H.R. 87, on January 3,
2001, to restore the pre-1996 aggravated felony deportation grounds
and judicial review provisions and to repeal certain restrictions
on discretionary relief. On February 21, 2001, Rep. Christopher
Smith (R-NJ) introduced H.R. 707 to give nationals of El Salvador,
Guatemala, Honduras, and Haiti an opportunity to apply for adjustment
of status under the more generous rules applicable to Nicaraguans
and Cubans. Reps. David Bonior (D-MI), Bob Barr (R-GA), John Conyers
(D-MI), Thomas Davis (R-VA) and others introduced the Secret Evidence
Repeal Act of 2001, H.R. 1266, on March 28, 2001, to repeal the
use of secret evidence in immigration proceedings. On April 4, 2001,
Reps. Barney Frank (D-MA), Martin Frost (D-TX), Diaz-Balart (R-FL)
and others introduced the Family Reunification Act of 2001, H.R.
1452, to restore the Attorney General's discretion to grant deportation
relief to long-term permanent residents when appropriate. Also on
April 4, 2001, Rep. Edolphus Towns (D-NY) introduced the Legal Immigrant
Health Restoration Act of 2001, H.R. 1528, to amend Title XIX of
the Social Security Act to assure coverage for legal immigrant children
and pregnant women under the Medicaid program and the State Children’s
Health Insurance program. On May 17, 2001, Reps. Zoe Lofgren (D-CA)
and Christopher Cannon (R-UT) introduced H.R. 1904, the Unaccompanied
Alien Child Protection Act of 2001, companion legislation to S.
121 in the Senate. On March 7, 2002, Rep. John Conyers (D-MI) and
others held a press event to launch the introduction of H.R. 3894,
The Restoration of Fairness in Immigration Act of 2002. The bill
would repeal the retroactive portions of the 1996 laws and restore
judicial review of immigration decisions. H.R. 4074, companion legislation
to S. 1311 in the Senate, was introduced by Rep. Christopher Smith
(R-NJ) on March 20, 2002. H.R. 4074, The Refugee Protection Act
of 2002, would amend the Immigration and Nationality Act to reaffirm
the United States historic commitment to protecting refugees who
are fleeing persecution or torture.
Several immigration bills have also been introduced in the Senate
this Congress. Sen. Dianne Feinstein (D-CA) introduced S. 121, the
Unaccompanied Alien Child Protection Act of 2001, on January 22,
2001, to establish an Office of Children's Services to coordinate
and implement government actions involving unaccompanied alien children,
including the provision of legal representation. The Senate Judiciary
Subcommittee on Immigration held a hearing on the legislation on
February 28, 2002. On May 2, 2002, Sen. Edward Kennedy (D-MA) introduced
S. 2444, the Immigration Reform, Accountability and Security Enhancement
Act of 2002. Similar to S. 121 and H.R. 1904, Title III of S. 2444
would create an Office of Children’s Services. On March 21, 2001,
Sen. Bob Graham (D-FL) introduced the Immigrant Children’s Health
Improvement Act of 2001, S. 582, to improve immigrant children access
to health care. Also on March 21, 2001, Sen. Edward Kennedy (D-MA)
introduced S. 583, the Nutrition Assistance for Working Families
and Seniors Act, to improve immigrant senior’s access to food stamps.
Companion bills to S. 582 and S. 583 will soon be introduced in
the House. On May 24, 2001, Sens. Kennedy and Graham introduced
S. 955, the Immigrant Fairness Restoration Act of 2001, to repeal
the retroactive portions of the 1996 laws, restore judicial review
of immigration decisions, and provide remedies for individuals who
were subject to the improper practices repudiated by the U.S. Supreme
Court. Sens. Patrick Leahy (D-VT), Sam Brownback (R-KS) and others
introduced S. 1311, the Refugee Protection Act on August 2, 2001.
The bill would reaffirm the United States' historic commitment to
protecting refugees by amending the expedited removal provisions
to provide review of a removal order by an immigration judge.
In addition, the House and Senate are considering proposals to
enhance border security and restructure the INS enforcement and
service functions.
The Supreme Court decided three landmark immigration cases in
June 2001. The Court held that immigrants in deportation proceedings
can receive federal judicial review through habeas corpus notwithstanding
Congress’ repeal of the statute conferring direct judicial review.
The Court also held that the INS improperly applied provisions of
the 1996 laws retroactively and lacked authority to incarcerate
immigrants indefinitely when it was unable to deport them.
ABA Policy
The ABA supports legal immigration based on family reunification
and employment skills, due process safeguards in immigration and
asylum adjudications, and judicial review of such decisions. The
ABA also supports the appointment of counsel at government expense
to unaccompanied children in immigration proceedings, the restoration
of public benefits to legal immigrants and refugees, and improving
the wages, working conditions and legal status of farmworkers in
the United States. The ABA opposes laws that require employers and
persons providing education, health care, or other social services
to verify citizenship or immigration status.
Key Points
- The sweeping immigration reforms enacted
in 1996 went too far, hurting legal immigrants, asylum seekers,
and non-citizen children. Remedial legislation is necessary to
restore fair administrative hearings, judicial review, discretionary
relief, individualized custody determinations, and to restore
public benefits for legal permanent resident aliens and refugees
that were not restored during the 105th Congress.
- Legal immigration should be based on
family reunification and the economic and cultural interests of
the United States. Proposals to reduce visa numbers for family
reunification and employment-related immigration would have a
detrimental impact on American families and businesses, and therefore
should be opposed. Farmworkers presently working in the United
States should be accorded legal resident status and their wages
and working conditions need to be improved.
- Naturalization is an important process
for integrating eligible lawful permanent residents into the mainstream
of American life. Although the process should be improved to ensure
the required criminal record checks and achieve a six-month processing
goal, the current eligibility requirements should be retained.
- The Attorney General should have the
authority to grant humanitarian relief from deportation in appropriate
cases.
- Counsel should be appointed at government
expense for unaccompanied children in immigration proceedings,
and children who cannot be released to family should be housed
in family-like settings.
- Immigration detainees should be detained
only in extraordinary circumstances and in the least restrictive
setting. Alternatives to detention should be developed.
ABA Links
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Last Updated: November 11, 2002
Background ·
Current Status · ABA
Policy · Key Points ·
Links
|
2002
Priorities:
Application
of
State Ethical Codes
Gramm-Leach-Bliley
Health Care Accountability: Medical Malpractice
Health Care Accountability: Patients' Bill of Rights
Immigration
Independence of the Judiciary: Erosion of the Judicial Process
Independence of the Judiciary: Judicial Compensation
Independence of the Judiciary: Judicial Vacancies
Legal Remedies
to
Eliminate Discrimination
Legal Services Corporation
Rule of Law: International Organizations
Rule of Law: International Treaties
Student Loan Forgiveness
Tax Simplification
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