Rights Working Group, Due Process and Detention Policy Update

White House announcement about DHS enforcement strategies

Today, the Bush Administration released a fact sheet describing a new interior enforcement and border security strategy. The 26 point plan includes provisions on border security, interior enforcement, worksite enforcement, citizenship, and changes to our existing temporary worker programs, among other provisions. While some of the activities announced are reaffirmations of current policy, the plan also included several new provisions that are of concern. With no plan to enact comprehensive immigration reform in sight, our communities are at risk of increased enforcement without appropriate due process protections and this plan only puts immigrants at greater risk of detention and deportation. We hope that you will contact the administration and your members of Congress to express concern about increased immigration enforcement that does not include the restoration of fairness to our broken system. Below, there is a short description of a few of the most troubling provisions that raise due process, privacy and fairness concerns:

Denying a fair day in court: Immigrants who have a valid claim to stay in the U.S. should be permitted to see a judge and shouldn't be forced to leave the U.S. simply because they previously agreed to voluntarily depart on their own. Today, the administration announced its intention to create a new regulation that would limit an immigrant's access to a hearing if the person previously accepted a form of immigration relief called 'voluntary departure.' Immigrants who have new family relationships such as a recent marriage to a U.S. citizen should be able to ask a judge for relief in their case. By announcing this new regulation, DHS seems intent on doing an end run around several federal court decisions that permit immigrants to have a hearing even though they previously accepted 'voluntary departure.'

(Editors Note:Ian - I asked Kerri to post this here, as it's a very good summary of some of the problems with the DHS plan for cracking down on immigrants - this stuff doesn't just effect immigrants, for example the point below the fold is pretty close to a national "no work list" and very far down the line towards a national ID.)

The government's final rule on Social Security "No-Match" letters: The new rule governs situations where an employer receives a letter indicating that an employee's social security number does not match government records. Basing worksite enforcement on a federal database that is not reliable poses a great danger to workers. If an employer cannot resolve the discrepancy between the worker's documents and the government's records, this rule gives employers little choice but to fire the worker. Without comprehensive immigration reform, this no-match rule will drive the undocumented population further into the shadows. It also raises concerns about discrimination and abuse. The rule could encourage unscrupulous employers to pay their workers under the table to avoid risk of prosecution based on a no-match finding. It may also promote discrimination against foreign-born workers and the termination of lawful employment in cases where workers have difficulty proving their lawful status.

Expanded employment eligibility verification basic pilot program: The administration announced an expansion of the basic pilot program to all federal contracts and related provisions. There have been numerous examples of individuals who are held up from time on a new job because of errors in the basic pilot program's database. The program is currently bogged down by technical problems and inaccurate information and further expansion will only result in more workers with lawful status being denied work. The administration will also seek to expand the data sources used by the basic pilot program include passport and visa information. This not only raises privacy issues but also concerns about the likelihood of more inaccurate information in the databases.

Expanded information-sharing between DHS and the Social Security Administration: The sharing of information between inaccurate DHS databases and the Social Security Administration raises concerns both about privacy and the potential for proliferation of inaccurate information.

Border enforcement and detention bed space: The plan includes expanded detention capacity from current levels of approximately 27,500 detention beds to 31,500 detention beds; 18,300 Border Patrol agents ; 370 miles of fencing; 300 miles of vehicle barriers; and 105 camera and radar towers . The strategy also includes plans to quintuple 'fugitive operation teams' which will only lead to more raids in our communities.

Continued efforts at state and local law enforcement of immigration law: The administration announced plans to continue its "287(g)" program that allows states and localities to enter into agreements with the federal government to enforce immigration law. It also announced related taskforces that will expand local enforcement of immigration law, putting more communities in danger. Many communities and local police departments oppose this policy because it interferes with community policing projects that encourage immigrant community members to report crimes.

Expanded list of 'gangs' that the State Department will use to deny visas to foreign nationals: The announcement is not clear about what criteria or process will be used to determine what constitutes a 'gang.'

Expanded repatriation to 'recalcitrant' countries: The administration is seeking to expand a repatriation system that has been widely criticized by foreign governments and advocates within the U.S. for its failure to ensure detainee safety and the safety of local communites. The administration should improve repatriation assistance so that deportees are transitioned safely into their new communities.

For more information about the Rights Working Group, contact tlee-at-rightsworkinggroup.org.
LIBERTY & JUSTICE FOR ALL
www.rightsworkinggroup.org

Kerri Sherlock Talbot