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12/15: Sensenbrenner Bill Boosts Immigration System's Worst: Indefinite Detentions |
Released 21 December 2005  By William Youmans - Catholic Legal Immigration Network, Inc. (CLINIC)
Sensenbrenner Bill Boosts Immigration System's Worst: Indefinite Detentions
Press Release December 15, 2005 Contact: William Youmans Communications Coordinator Catholic Legal Immigration Network, Inc. (CLINIC) (202) 635-5810 wyoumans@cliniclegal.org
WASHINGTON, DC - Despite broad-based agreement on the need to reform legal immigration to the United States, House Judiciary Committee Chairman James Sensenbrenner is promoting legislation that would worsen one of the broken features of current immigration enforcement law.ÿ This bill, the "Border Protection, Anti-Terrorism, and Illegal Immigration Control Act of 2005" (H.R. 4437), will expand the number of detainees held indefinitely."
The bill would overturn two Supreme Court rulings mandating fair treatment and due process for immigrants held indefinitely by the Department of Homeland Security (DHS).ÿ Under these Supreme Court decisions and DHS's own regulations, DHS must periodically review the continued detention of deportees whose countries have refused to take them back.ÿ Although the vast majority of immigrants ordered deported are removed from the U.S. immediately, a few thousand every year are held for months or years while the U.S. government tries to execute their removal.
Under the Sensenbrenner bill, even more of these "indefinite detainees" would be held in legal limbo for long periods of time, separated from families, jobs, and communities in both the U.S. and their countries of origin.ÿ ÿ In a letter to the U.S. House of Representatives, Bishop Gerald R. Barnes, Chairman of the United States Conference of Catholic Bishops noted that "it is inhumane to indefinitely incarcerate persons who have served their sentences."
The Sensenbrenner legislation does nothing to solve the real problem of indefinite detention.ÿ DHS has the legal ability to speedily process detainees' removal but it does not commit the resources needed to do this in a timely way.ÿ Most "indefinite detention" cases arise from a detainee's lack of proper travel documents, which the home country needs to provide.
According to a CLINIC study published in September 2005, DHS has the mechanisms in place for securing these documents, but lacks the resources to actively pursue individual cases. The lack of allocated resources also impedes DHS communication with detainees and their lawyers, who often do not know what they need to do to assist DHS in processing the detainee for deportation.
"This legislation would eliminate any possibility of release for the vast majority of indefinite detainees, says Donald Kerwin, Executive Director of the Catholic Legal Immigration Network, Inc .(CLINIC). "Keeping an immigrant whose home country will not accept him or her detained in prison is inconsistent with our basic notions of due process and justice.ÿ Immigrants should not be punished with perpetual detention because of bureaucratic incapacity or poor diplomatic relations."
Current law allows for deportees who violated the law to be considered for temporary supervised release after serving out their sentence only if DHS cannot remove them in six months.ÿ Under DHS rules, the agency may detain indefinitely persons who are "especially dangerous."ÿÿ Thus, the current system does not undermine DHS's ability to protect the nation.ÿ ÿ ÿ
By categorically eliminating the possibility of supervised release for most detainees, the bill will overwhelm existing detention capacity and worsen pre-existing detention problems.ÿ
Before current DHS supervised release rules were established in 2001 and expanded in 2005, the government regularly held some detainees for 5 years, 10 years, or longer with no effective court review.ÿ Aging detainees with very old criminal convictions were warehoused, often in for-profit prison facilities, at a cost to the taxpayer of $60 to over $100 per person per day.ÿ The bill seeks the return of a system whereby large groups of immigrants are held for months or years without the chance for an individualized temporary, secure release or quick removal.
"If Mr. Sensenbrenner's bill passes, we can expect, at minimum, an increase of thousands of indefinite detainees in U.S. detention facilities," states Donald Kerwin.ÿ He added, "this would be a huge step backwards.ÿ We should not expand a legal black hole that leaves migrants imprisoned in legal limbo."
The Catholic Legal Immigration Network, Inc. (CLINIC), a subsidiary of the U.S. Conference of Catholic Bishops, is the nation's largest network of charitable immigration services with 156 affiliates in 260 field offices around the country. CLINIC advocates for transparent, fair and generous immigration policies.ÿ www.cliniclegal.org
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