Immigration

Overview

Implementation and enforcement of the immigration laws have a significant impact on both the national security and economic interests of the United States and also have implications for individual civil liberties of those who are present in our country. The last major overhaul of the immigration laws was enacted in 1996 and there is widespread agreement that our immigration system is in dire need of reform.

The ABA supports comprehensive immigration reform that promotes legal immigration based on family reunification and employment skills and that provides for new legal channels for future workers, a path to legal status for much of the undocumented population currently residing in the United States, and enhanced border security. The ABA supports measures to improve the immigration court system and to increase due process safeguards, including access to counsel, for those in removal proceedings. The ABA opposes mandatory detention of those in removal proceedings, supports alternatives to detention, and supports strengthening the ICE National Detention Standards and promulgating them into enforceable regulations.

What's New:

On May 16^th the Senate Judiciary Committee will resume consideration of S. 744, the Border Security, Economic Opportunity, and Immigration Modernization Act. Members of the public can view a live webcast (change this link to http://www.judiciary.senate.gov/hearings/hearing.cfm?id=cb4f2f78de9c687ab93c5d7b6e460cbc) of the meeting.

Over 300 amendments have been filed and can be viewed here. In its two prior markup sessions, the Committee considered over 60 amendments, which can be seen here (http://www.judiciary.senate.gov/).

Legislative Status

Senate: The Senate Judiciary Committee began consideration of S. 744, the Border Security, Economic Opportunity, and Immigration Modernization Act on May 9^th and held subsequent markup sessions on May 16^th and May 17^th. It is anticipated that the Committee will continue with the markup through the week of May 20^th. Bill text and other information is available here and a summary of the bill is available here.

House: The House Judiciary Committee has held several hearings on immigration reform. A bipartisan group of Representatives is working to draft legislation.The timeline is less certain in the House, but there are indications that the group may produce a bill in mid-April.

ABA Advocacy

On May 16, 2013, the ABA sent a letter to members of the Senate Judiciary Committee opposing certain Amendments to S. 744 that would curtail access to counsel; delay or restrict sorely needed immigration court resources; and eliminate secure alternatives to detention programs and needlessly prolong immigration detention.

On March 25, 2013, the ABA filed comments to the Federal Communications Commission regarding Rates for Inmate Calling Services.

On February 26, 2013, the ABA filed comments in response to the Department of Homeland Security's proposed astandards to prevent, detect, and respond to sexual abuse and assault in confinement facilities.

On February 13, 2013, the ABA submitted a written statement to the Senate Judiciary Committee advocating for improvements in immigration law and policy, emphasizing issues impacting due process including access to counsel, detention, and court reform and resources.