Secretary Janet Napolitano, from the Department of Homeland Security, spoke at the The Center for American Progress in Washington, D.C. Friday November 13, 2009. She focused on the need for comprehensive immigration reform. Below are excerpts of her address while the full text of her speech is available in both English and Spanish.
To Watch video of the event click here.
General Immigration Reform
“Everybody recognizes that our current system isn’t working and that our immigration laws need to change. America’s businesses, workers, and faith-based organizations are calling for reform. Law enforcement and government at every level are asking for reform. And at the Department of Homeland Security, we need reform to do our job of enforcing the law and keeping our country secure.”
“[W]hen I talk about ‘immigration reform,’ I’m referring to what I call the ‘three-legged stool’ that includes a commitment to serious and effective enforcement, improved legal flows for families and workers, and a firm but fair way to deal with those who are already here.”
“These constituencies have all arrived at the same conclusion that prevails among the American people: this is a problem that needs to be fixed—and the best way to ensure that we can uphold our laws is to make sure our laws are rational and enforceable.”
Border Enforcement
“In 2007, many members of Congress said that they could support immigration reform in the future, but only if we first made significant progress securing the border…. Fast-forward to today, and many of the benchmarks these members of Congress set in 2007 have been met. For example, the Border Patrol has increased its forces to more than 20,000 officers, and DHS has built more than 600 miles of border fencing.”
Local Law Enforcement of Federal Immigration Laws
“We’ve also shown that the government is serious and strategic in its approach to enforcement by making changes in how we enforce the law in the interior of the country and at worksites. We have replaced old policies that merely looked tough with policies that are designed to actually be effective.
We’ve revised and standardized our immigration-enforcement agreements with state and local law enforcement to make sure that these agencies are effective forcemultipliers in our efforts to apprehend dangerous criminal aliens. We’ve expanded the Secure Communities program, which identifies illegal aliens being booked into local jails. Yesterday, we marked the end of the first year for this program, which is being used by 95 jurisdictions and has identified more than 111,000 criminal aliens.”
The Following are Rights Working Group Priorities for Immigration Reform.
- Enforceable Detention Standards: DHS must be required to improve, codify, and enforce detention standards in all facilities that detain immigrants to ensure fair and humane treatment, including minimum requirements relating to transfers, language access, medical care, access to counsel, telephone access, and religious practice and visitation.
- Secure, Community-Based Alternatives to Detention: To avoid wasteful public spending and comply with international obligations, DHS should ensure that detention is only used as a last resort. Custodial alternatives to detention such as electronic monitoring programs should be used only for individuals who would otherwise be subject to detention. DHS should be directed to implement secure non-custodial, community-based alternatives for individuals who do not pose a danger to the community.
- Fair Day in Court: All individuals should receive their fair day in court. Any legislation should restore meaningful judicial and administrative review and reform the immigration courts to preserve judicial independence. Judges and DHS officials should be able to consider the individual circumstances of each case when making a determination about a person’s liberty or eligibility for immigration relief. Detention statutes should be modified to enhance release and parole options for individuals who pose no flight risk or danger to public safety. In every case, the burden should be on the government to demonstrate that detention is necessary. Additional removal grounds should not be added or expanded.
- Access to Counsel: To ensure individuals have access to information about their legal case and their rights, legislation should provide for national expansion of the Legal Orientation Program and should appoint counsel for all detained individuals, especially for vulnerable populations that include children and mentally ill individuals who are unable to participate meaningfully in their removal proceedings.
- Federal Enforcement: To protect community security and the integrity of community policing, the federal government should regain control of immigration enforcement. Congress should not expand or fund initiatives that pull state and local law enforcement into federal immigration enforcement, including the 287(g) program and the Secure Communities initiative.
- Civil Rights: Legislation must ensure that civil rights laws and protections for noncitizens are part of any immigration enforcement action and are enforced throughout the immigration system. Civil rights training should be required for federal immigration officials. Independent oversight mechanisms must be created to monitor and enforce the protection of civil rights, including prohibitions against gender, racial, ethnic and religious profiling.
- Responsible and Accountable Border Policy. Policies that relate to the border, including parts of New York State, should consider the concerns and needs of border residents through a consultation process. We must strive for border policies that bolster the safety and security by upholding the civil and human rights of border communities and residents. Sensible border policy must ensure that human rights are protected, that the economic prosperity of the region is not compromised and must respect the quality of life of local communities by establishing clear accountability systems and transparent oversight through the creation of a Border Enforcement Review Commission, uniform complaint processes, improved training for federal border agents, and standards for ports of entry and short-term custody.
Watch video of the event here.
Listen to audio of the event, here.
Read Secretary Napolitano's prepared remarks, here.
Lea las declaraciones de la Secretaria Napolitano en español.
