In a Positive Step Forward, DHS Releases New Worksite Enforcement Guidelines

The Rights Working Group Cautiously Welcomes DHS Guidance

FOR IMMEDIATE RELEASE

CONTACT: Aadika Singh, Rights Working Group, 202-296-2300 Ext. 125

Washington, D.C., May 1, 2009 - The Rights Working Group cautiously welcomes the U.S. Department of Homeland Security (DHS)'s new worksite enforcement guidance released yesterday, only hours before a U.S. Senate hearing on the need for reforms in the U.S. immigration system. DHS immigration enforcement policies put into place by the Bush administration are violating basic due process protections and the human rights of many living in the United States. In particular, immigration raids have been a source of egregious violations of basic due process and civil liberties of citizens and noncitizens alike.

According to a DHS Press Office fact sheet explaining yesterday's released guidance, Immigration and Customs Enforcement (ICE) will focus the resources of its worksite enforcement program toward prosecuting employers. The new guidance promises that before going after employees for civil immigration violations, ICE will first pursue warrants, criminal arrests, indictments, or an assurance from the U.S. Attorney's Office to prosecute employers. The guidance also suggests that ICE will investigate the mistreatment of workers.

The DHS guidance follows President Obama's restatement in a news conference Wednesday night of a commitment to reviewing the nation's immigration policies.

"Upholding fundamental civil liberties and human rights in the conduct of immigration enforcement is foundational to the American system of justice. While the new guidance signals a welcome shift in tone from the immigration policies of the previous administration, it is critical that other due process protections be restored, particularly access to counsel and judicial discretion," said Jumana Musa, Policy Director of the Rights Working Group.

The DHS guidance also expands the scope of existing humanitarian guidelines, which previously covered only worksite actions involving 150 or more illegal workers. The humanitarian guidelines allow for the release of immigrant detainees who are ill or are the sole caregivers of small children. They will now impact the enforcement processes related to worksites with as few as 25 illegal workers.

"While the extension of the humanitarian guidelines to other worksite enforcement actions is important, we are still concerned about home raids and street sweeps which are also violating fundamental human rights. DHS must reconsider all the enforcement activities initiated under the Bush Administration. We urge Secretary Napolitano to declare a moratorium on all raids until we can guarantee the protection of due process and human rights in our immigration system," said Margaret Huang, Executive Director of the Rights Working Group.

In 2008, the Rights Working Group launched a campaign to Hold DHS Accountable! that calls for DHS to:

• End immigration raids that lock up people without due process,
• Stop inhumane detention conditions and arbitrary imprisonment without trials, and
• Create fair and efficient mechanisms for processing citizenship applications to prevent recurring massive naturalization backlogs.

Over 50 organizations participated in Rights Working Group's April 2009 National Week of Action by engaging in 47 actions in 26 states and 35 cities. To conclude the Week, RWG members met with a number of DHS staff including Dr. Dora Schriro, the Special Advisor on ICE and Detention & Removal to Janet Napolitano, Secretary of DHS. RWG Executive Director Margaret Huang and RWG Vice-Chair Pramila Jayapal of OneAmerica handed Dr. Schriro seven large binders containing 5,450 petition signatures collected by RWG members that ask President Obama for a moratorium on raids and enforceable standards in immigration detention. Dr. Schriro and her staff expressed a willingness to find effective solutions to the problems raised.

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Formed in the aftermath of 9/11, the Rights Working Group is a coalition of more than 250 community-based grassroots groups and national organizations working to restore civil liberties and human rights protections for all people living in the U.S.