American Bar Association
2001 Legislative and Governmental Priorities
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Selected ABA Immigration Policies
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Improved Working Conditions and Legal Status for Farmworkers in the United States
(Adopted August 1999)
RESOLVED, That the American Bar Association supports: (1) efforts to improve wages, working conditions and housing for farmworkers; (2) enhanced enforcement of laws regulating the rights of farmworkers; and (3) according legal resident status to farmworkers presently working in the United States.
FURTHER RESOLVED, that the ABA opposes any expansion of the existing H-2A nonimmigrant visa category for admitting temporary agricultural farmworkers to the United States by changing the temporary labor certification process or by repealing or lowering existing H-2A requirements.
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Unaccompanied Children in Immigration Proceedings
(Adopted February 2001)
RESOLVED, that the American Bar Association supports the appointment of counsel at government expense for unaccompanied children for all stages of immigration processes and proceedings;
FURTHER RESOLVED, that the American Bar Association favors the establishment within the Department of Justice of an independent office with child welfare expertise that would have an oversight role and ensure that children's interests are respected at all stages of immigration processes and while in immigration custody; and,
FURTHER RESOLVED, that children in immigration custody who cannot be released to family members, legal guardians or other appropriate adults should be housed in culturally-appropriate family-like settings and not detained in facilities with or for juvenile offenders.
Opposing Involuntary Transfer of Detained Immigrants and Asylum Seekers that Impede Representation
(Adopted February 2001)
RESOLVED, that the American Bar Association opposes the involuntary transfer of detained immigrants and asylum seekers to facilities that impede an existing attorney-client relationship;
FURTHER RESOLVED, that detained immigrants and asylum seekers should not be transferred to distant locations and detention space should not be contracted for or constructed in remote areas where legal assistance generally is not available for immigration matters.
Opposing the Use of Secret Evidence in Immigration Proceedings
(Adopted February 2001)
RESOLVED, that the American Bar Association opposes the use of "secret evidence," evidence that is presented to the trier of fact in camera and ex parte, in immigration proceedings, including but not limited to: (1) using secret evidence to deport noncitizens; (2) denying immigration benefits to noncitizens based on secret evidence; (3) refusing to release on bond noncitizens based on secret evidence; and (4) denying admission to returning lawful permanent residents, people who have been paroled into the United States, and asylum seekers, based on secret evidence;
FURTHER RESOLVED, that in extraordinary cases where there are legitimate national security concerns, the noncitizen and the court or the adjudicator should, at a minimum, be provided with an unclassified summary of the classified information, prepared in accordance with appropriate judicial standards and supervision, that preserves the individual's ability to confront the evidence and prepare a defense.
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2001 Priorities:
Alternative
Dispute Resolution
Application of
State Ethical Codes
Federal Gun Control
Federal Tort Laws
Health
Auto
Product
Superfund
Immigration
Independence
of the Judiciary
Compensation
Erosion of the Process
Vacancies
Indigent Defense
Funding
Legal Remedies
to
Eliminate Discrimination
Legal Services Corporation
Rule of Law --
International
Student Loan Forgiveness
Tax Simplification
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