Federal Government Must Reassert its Control Over Immigration Enforcement

WASHINGTON D.C. -- APRIL 29, 2010 -- In the shadow of a virulently racist and anti-immigrant measure being signed into law in Arizona, a draft summary of a Senate CIR bill was published late Wednesday on Politico’s website.  The draft language includes enhanced protections for people in detention and reasserts federal control over immigration law, which is a significant improvement over the status quo.  It states that immigration detention, whether in government or privately owned facilities, should be governed by uniform standards; that anyone in detention should be given timely notice of any charges; and that detainees will not be transferred without considering the impact of that transfer on minor children. 

However, the summary also recommends new crimes and enhanced penalties that could have the effect of elevating punishment over rational and sensible enforcement policy.  It seeks to regulate the failed 287(g) program when all available evidence indicates that the program is an abject failure and should be terminated. The Senate must not pursue enforcement at the cost of human rights, due process and the integrity of the immigration system.  Going forward, any CIR bill must be careful not to perpetuate the one-size-fits-all enforcement framework that has resulted in the bloated detention system and overtaxed immigration court system we face today.

If Arizona has taught us anything, it is that the federal government must take firm control of immigration policy and cease programs and policies that delegate that authority to the states.  As this is a draft summary, and understanding that legislative language may depart from the summary, RWG strongly urges the Senate to craft an immigration bill that prioritizes smart enforcement and protects the Constitutional rights of everyone in the United States.  Specifically, any CIR bill should ensure that:

•    Enforcement, border security, and other provisions of the law are applied uniformly, vigorously and fairly.  The bill should include language explicitly prohibiting states and municipalities from enacting their own rules and penalties relating to immigration, which could undermine federal policies.
•    The federal government has exclusive authority to enforce immigration laws.
•    Programs that devolve immigration enforcement authority to state and local law enforcement agencies should be ended.  At a minimum, the failed 287(g) should be terminated.  All other programs and initiatives, such as the Criminal Alien Program and the Secure Communities program should be required to collect and keep data on the race or ethnicity of people stopped under these programs, what people are charged with and the ultimate disposition of their cases. Only by tracking this information would Congress be able to ensure that priorities are being met and racial profiling is not occurring.
•    Detention should only be used when absolutely necessary and should include enforceable standards that ensure humane treatment.  Whenever possible, individuals should be released or diverted into secure, community-based alternatives to detention.
•    Discretion is restored to immigration prosecutors and judges in order to ensure that cases can be decided on their merits and individual circumstances can be considered.
•    Judicial and administrative review are enhanced to guarantee due process rights are protected.
•    Vulnerable populations are protected at all stages of the system, particularly in detention.

In order for any overhaul of the immigration system to be successful, legislation must adequately address the failings of the current enforcement and detention systems.   The Senate should work to create an enforcement framework that is viable and comports with this nation’s commitment to justice, due process and human rights.

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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.