Lobby Congress to Restore Justice to Immigration Laws
Posted Aug 31, 2001

We have commented many times in past MurthyBulletins about the harsh effects of the 1996 immigration laws, including the Antiterrorism and Effective Death Penalty Act ("AEDPA") and the Illegal Immigration and Immigrant Responsibility Act ("IIRAIRA"). The combined impact of these laws has produced tragic consequences. The result has subjected long-term, legal immigrants to deportation without recourse to a hearing, based upon offenses that were not grounds for deportation at the time they were committed. IIRAIRA also includes such provisions as the 3-year and 10-year bars for persons who overstay their authorized admission periods by 180 days or one year, respectively.

Some bills have been proposed in Congress to roll back the harshest provisions of AEDPA and IIRAIRA, but these bills have not received enough attention. Other types of immigration changes have been politically easier for Congress to pass. Improvements in the employment-based immigration process as in the American Competitiveness in the Twenty-First Century Act (AC21), had the strong support of business interests in this country. In contrast, the immigrants and their families suffering under AEDPA and IIRAIRA have had more difficulty making their voices heard.

The American Immigration Lawyers Association (AILA) has therefore declared September 30, 2001 as National Community Action Day, focusing on efforts to change the law. AILA members, immigrant communities and all concerned are encouraged to join in with activities ranging from press conferences, rallies and meetings with local officials, to speeches at houses of worship and community centers. Media advocacy, such as letters to the editor, will also lend support to this campaign. On October 4, 2001, AILA will be holding a Washington DC Lobby Day for its members and their clients to meet with Senators and Representatives to gain support on this and other issues.

AILA has distributed a sample letter to send to Senators and Representatives on the due process issue described above with regard to the 1996 immigration laws such as AEDPA and IIRAIRA. We reproduce the letters here, but also strongly encourage people to send their own versions and express their concerns. (AILA is allowing broad distribution of the letters, but an individual letter can be more effective than a letter that is identical to many others. Still, the identical letters do definitely have some impact as well.)

Please also note that in the August 24, 2001 MurthyBulletin article, Lobbying Members of Congress on 245(i), we reproduced sample AILA letters in support of an extension of 245(i), and against the restrictions included in the extension bills currently being proposed.

SENATE LETTER

The Honorable [Full Name]
__ [Rm #] __ [name of] Senate Office Building
United States Senate
Washington, DC 20515

Dear Senator ___________:

I write to urge your support for the Immigrant Fairness Restoration Act of 2001. This legislation offers much needed reform of the overly harsh 1996 immigration laws. Tens of thousands of immigrants, their families and supporters across this nation join me in urging your leadership on this important issue.

This important legislation will restore to our nation’s immigration laws the fundamental American principles of law, justice and respect for families that were violated by the 1996 laws. The 1996 laws expand the grounds of deportation, and subject long-term immigrants to mandatory detention and automatic deportation for relatively insignificant offenses. Moreover, these laws are being applied retroactively, making long-term legal immigrants deportable for one-time offenses and youthful indiscretions. The Immigrant Fairness Restoration Act of 2001 would restore and respect these time-honored principles:

• The punishment should fit the crime: Proportionality should be restored to our immigration laws. A person who never spent a night in jail should not be treated the same as someone who has served decades in prison. An offense that is expunged or vacated under state criminal law should not be treated as a conviction under the immigration law.
  

• Laws should not operate retroactively: Making laws retroactive is unconstitutional in criminal law and should be avoided in the immigration context. Deporting people many years later for crimes that were not deportable offenses when they were committed is simply unjust.
  

• Immigration Judges should make decisions based on the facts of the case: In most cases involving long-term immigrants, an immigration judge should be able to evaluate the nature of the offense, the extent of one's ties to the U.S., evidence of rehabilitation, and the severity of the hardship deportation may cause U.S. citizen and legal resident family members.
  

• Mandatory and indefinite detention is wrong: Detention should be used only when a person is found to be a danger or a flight risk after an individualized custody hearing before an immigration judge.
  

• Federal Judges should have the ability to review agency decisions: The decision to deport someone is momentous, especially for refugees fleeing persecution and legal immigrants who have lived most of their lives in this country. The INS is an imperfect agency and our system of checks and balances should apply to decisions it makes.

I strongly urge you to support the Immigrant Fairness Restoration Act of 2001, and undo the worst aspects of the 1996 immigration laws.

Sincerely yours,

[Please note that we have made some format changes to the above letter, in order to make it compatible with this publication.]

HOUSE OF REPRESENTATIVES LETTER

The Honorable [Full Name]
__ [Rm #] __ [name of] House Office Building
United States House of Representatives
Washington, DC 20510

Dear Representative ___________:

I write to urge your support to restore to our immigration laws the fundamental American principles of law, justice, and respect for families that were taken away as a result of two laws passed in 1996.

The Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) and the Antiterrorism and Effective Death Penalty Act (AEDPA) have had severe and unintended consequences. Touted as legislation that would control illegal immigration, IIRAIRA and AEDPA actually include many provisions that significantly affect American families, legal immigrants and others seeking to enter the United States legally. Under the 1996 laws, people routinely are detained without bond, automatically deported without consideration for discretionary relief, restricted in their access to counsel, and barred from appealing to the courts. The laws expand the grounds of deportation, subjecting long-term immigrants to mandatory detention and automatic deportation for relatively insignificant crimes. Low-level immigration officials act as judge and jury, and the federal courts lack the power to review most deportation decisions and INS activities. Moreover, these laws are being applied retroactively. As a result, many immigrants who have lived in the United States for most of their lives are being automatically deported one-time offenses and youthful indiscretions that may have occurred many years ago.

These laws are an attack on the fundamental principles of fairness and due process that are the cornerstone of our country. They deny people a fair hearing and the opportunity for a second chance, because people are being automatically deported for minor offenses for which they already have paid their debt to society. They change the rules in mid-game by retroactively expanding the definition of a deportable offense. They deny people their day in court because federal courts cannot review, let alone correct, Immigration and Naturalization Service (INS) decisions. They tear families apart because many people at risk of being deported have been in the U.S. since they were children, are married and have spouses and children who are citizens. Finally, they hit the wrong target by deporting law-abiding workers and family members, not terrorists and criminals.

Please restore our American principles of law, justice, and respect for families. I strongly urge you to support legislation that would undo the worst aspects of the 1996 immigration laws.

Sincerely,