INS Commissioner Meissner Speaks Out in Opposition to 1996 Immigration Law
Posted Apr 20, 1999
Editorials by INS Commissioner Doris Meissner appeared in the Miami Herald on March 2, 1999 and in the Dallas Morning News on March 22, 1999, stating that the 1996 changes in the immigration law, including the Illegal Immigration Reform and the Immigrant Responsibility Act of 1996 (IIRAIRA) and the Anti-Terrorism and Effective Death Penalty Act (AEDPA) have been too harsh. Instead of having the discretion to grant relief in appropriate cases, Immigration Judges and INS Officers are now finding that there are many cases in which their hands are tied. Advocating for change in the law, Meissner commented, "We are seeing an increasing number of legal permanent residents convicted of nonviolent offenses, some of which occurred decades ago, who under the new law must be detained and removed from the country."
She gave the example of a permanent resident who had come to the U.S. as a young child, had a minor, nonviolent conviction at age 18, and is now 40 years of age, a business owner and active church member, with a U.S. citizen spouse and 3 U.S. citizen children. Returning from a trip abroad, this person was detained by the INS based upon the conviction which took place some 22 years ago. Under the mandatory detention provisions of the law, she is not eligible for release, even though she poses no threat to society. "At her hearing, the judge isn't permitted to consider her strong ties to the country, her family, her business or the contributions she has made to her community. The judge must order her deported."
Prior to AEDPA, there were possibilities for a great many people in a similar situation to apply for some type of waiver or other relief from deportation/removal. Of course that did not mean that all, or even most, were approved. In the past, the Immigration Judge, INS Officer or Consular Officer would be able, on a case-by-case basis, to consider a person's eligibility, and in appropriate deserving cases, grant that relief. Today, the law does not allow for any exception in many cases for minor non-violent offenses.
In her commentary, Commissioner Meissner appealed to Congress to reconsider the 1996 laws, in the interests of justice. Representative Lamar Smith of Texas responded to the Commissioner's editorial in a letter to the editor published in the Dallas Morning News on March 29, 1999. Apparently he has not read the law that he introduced because he stated that the INS has discretion as to which persons to target for removal. He also made the false and inflammatory statement that INS had planned to release violent criminals from detention. In fact, INS release plans did not include violent detainees, and INS lacks even the discretion to release those who committed non-violent crimes.
If you see articles in your local newspaper or journals about the 1996 immigration laws, the Law Office of Sheela Murthy would appreciate receiving copies of such commentaries. We will share those articles, if appropriate, with the American Immigration Lawyers Association ("AILA") to assist in their efforts to keep up with the public debate and to advocate for the rights of immigrants to this country, because it is important to recognize that the greatness of this country and its position as a world leader lies in the contributions of its immigrants. © The Law Office of Sheela Murthy, P.C.
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