Rights Working Group Statement on the Introduction of the STRIVE Act of 2007

[March 30, 2007] – The Rights Working Group (RWG) is encouraged by aspects of the STRIVE (Security Through Regularized Immigration and a Vibrant Economy) Act of 2007, which was introduced in the U.S. House of Representatives on March 22nd by Representatives Luis Gutierrez (D-IL) and Jeff Flake (R-AZ). RWG remains concerned that America's current detention and deportation system does not respect due process for immigrants. RWG asserts that immigration reform should fully restore the civil liberties, civil rights, and human rights protections for all immigrants.

Current laws unfairly deny basic rights to thousands of immigrants. The Rights Working Group's stance is that this debate is not only about how the government treats people in America, but also what that treatment says about America as a nation. RWG's priority is to make sure that any reform of the immigration laws fully incorporates the American tradition of respecting and protecting the rights of individuals to due process, including fair proceedings, and to government accountability, and it has adopted the following priorities:

1. Stop forcing judges to deport immigrants without considering individual circumstances.
2. End unfair extreme punishment for minor offenses.
3. Stop automatic imprisonment and deportation without due process.
4. Uphold the U.S. Supreme Court decision against indefinite detention of immigrants.
5. Protect due process in immigration proceedings and make sure that judicial review is available.

The Rights Working Group is pleased that the legislation includes the Safe and Secure Detention Act. This act provides basic protections and safeguards for detained asylum seekers and other immigrants, encourages the use of secure alternatives to detention programs, and creates new mechanisms for oversight and enforcement of standards governing the treatment of immigrant detainees. Despite these improvements, RWG is very concerned that the bill increases detention space by 20,000 beds and allows the use of closed military bases for immigration detention.

The Rights Working Group has existing concerns about current U.S. immigration law, which subjects lawfully present non-citizens to disproportionate penalties without consideration of their individual circumstances as a result of criminal convictions, and separates them from their family members, many of whom are U.S. citizens or lawfully present non citizens. In certain subsections of Title II, the STRIVE Act exacerbates this existing problem by creating new categories of crimes that can trigger removal from the United States or result in other penalties. For example, the bill creates admissibility and deportability grounds for multiple driving under the influence offenses and gang-related offenses. The bill also heightens the penalties associated with passport and visa fraud, money laundering, and firearms offenses. These provisions are not targeted at illegally present non-citizens as the Title's heading suggests, but rather create additional harsh criminal consequences for immigrants who have been lawfully present in the country, in many cases for decades.

We are also concerned by the Strive Act's proposed new identification requirements for every American as envisaged by the Employment Eligibility Verification program, such as the Act's implicit authorization of a new biometrically-enabled Social Security Card and reliance on this new form of identification or a REAL ID Act-compliant card. Historically, new identification cards become barriers that deny people full access to their rights and privileges at great societal cost while threatening everyone's privacy.

Rights Working Group members and thousands of others throughout the United States are set to stage a "Night of 1,000 Conversations" on April 5th to discuss and promote due process for immigrants. Additional information on the event and RWG's priorities can be found on the group's website.

RWG, which staffs the Liberty & Justice for All campaign, is a national coalition of over 225 organizations dedicated to ensuring that the U.S. government will put into practice America's fundamental values of liberty and justice.