Unlike many dictatorships that operate on personal whim, the United States is a nation of laws. And the Constitution requires that decisions involving personal liberty may only be undertaken with great care -- with "due process of law." It is a principle that was meant to apply equally to citizens and non-citizens alike.
Unfortunately, Congress undermined those basic principals in 1996 by enacting severe anti-immigrant legislation. While the 1996 laws were supposed to guard against terrorism and illegal immigration, some of the harshest provisions had nothing to do with terrorism and were instead directed at long-term lawful residents.
Some progress has been made to correct these laws through the courts. Still, much remains to be done. Rep. Barney Frank (D-MA) has introduced H.R. 1452, the "Family Reunification Act," which would address the injustice of mandatory detention and deportation of legal permanent residents convicted of minor crimes. The bill would return to Immigration Judges the power to grant bail when appropriate and waive the mandatory deportation now required by law.
While the courts have begun the process of addressing the injustice caused by the 1996 immigration laws, its time for Congress to finish the job.
Immigration decisions are life altering and must be undertaken with great care.
Deportation can separate a person from family and from all that makes life
worth living. When such a substantial liberty interest is at stake, the
Constitution demands that adequate protection - due process - is provided to
ensure that decisions are correct and fair. Fair hearings provide an essential
check on government power.
Immigrants should not be automatically deported unless their crime carried that
consequence when it was committed.
It's unconstitutional to force those who
committed a crime under one set of terms of punishment to be subject to new and
harsher terms. By attempting to change the rules in the middle of the game, the
INS is undermining the very principles of fairness and freedom that we advocate
abroad!
Mandatory detention is unjust.
Detention of individuals is the most serious
deprivation of liberty possible. Immigrants who pose no danger should not be put
in jail while lengthy deportation proceedings are pending.
Take Action! You can read more about the legislation
and send a FREE FAX to your Representative from our action alert at: http://www.aclu.org/action/immigration107.html
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