ABA succeeds in key efforts to protect rights, ensure fairness in immigration process
Photo of Hilarie Bass courtesy of the Office of the President
Immigration policy in the United States always has been contentious, but recently it has become unquestionably divisive. Protecting our borders and controlling the number of noncitizens who enter is always of concern. But so is upholding our country’s principles, specifically due process, the rule of law, and providing opportunities for people escaping oppression.
We cannot accommodate everyone who may want to immigrate to the United States, but how do we fairly and consistently decide how many and which individuals to welcome? Immigrants built this nation and are important to its future.
“Nearly all Americans have ancestors who braved the oceans—liberty-loving risk-takers in search of an ideal,” President George W. Bush said. “Immigration is not just a link to America’s past; it’s also a bridge to America’s future.”
National leaders have debated immigration policy for decades. Yet the last major legislative reform was in 1996. The American Bar Association believes it is long past the time for Congress to develop sensible and comprehensive legislation to address immigration fairly.
Relying on policy by executive orders that are dependent on court interpretations and which change from administration to administration has created uncertainty. People in the process are unable to rely upon our nation’s policies from year to year.
We witnessed such confusion in April, when the Department of Justice announced it was “pausing” for further study the Legal Orientation Program (LOP), which provides critical legal information to adults in immigration detention centers.
I testified for the ABA before the Senate Judiciary Subcommittee on Border Security and Immigration about LOP’s importance. The program, which has broad bipartisan support, serves 53,000 people a year, shortens the duration of deportation cases, and decreases detention costs. A 2012 study found that LOP costs $8 million but creates savings of $18 million a year.
The ABA quickly mobilized to focus attention on LOP and was prepared to join with other stakeholders to seek judicial relief to prevent termination of the program. Amidst rising pressure, the decision to “pause” the program was rescinded just 10 days after it was announced. The Justice Department will look at the program, and the ABA will watch closely to ensure the study is conducted fairly.
That is just the latest by the ABA on immigration issues.
When the administration tried to institute questionable travel restrictions on people from selected countries, the ABA filed amicus briefs opposing the bans.
When U.S. Immigrations and Customs Enforcement (ICE) agents raided state and federal courthouses to round up undocumented immigrants, the ABA spoke up. The House of Delegates adopted policy calling on Congress to add courthouses to the list of “sensitive locations,” such as schools, hospitals and churches, where immigration enforcement can only be taken in emergencies.
The ABA has worked with Congress and the Justice Department to help fix the immigration adjudication process, pushing for more immigration judges to handle the growing backlog of cases. We have advocated before Congress to create an Article I court for immigration adjudication, enhancing the independence and fairness of the process.
The world is experiencing the worst refugee crisis since World War II. People are desperately looking for a safe place to live and a better life. According to the 2017 Current Population Survey, immigrants and their U.S.-born children number 86 million people, 27 percent of the U.S. population.
Our principles demand we treat individuals who come to the United States respectfully and with due process. Separating children from families at the border, picking up people in the dead of night without allowing them to contact their families, or using detention as a tool to deter others from coming—these processes are not humane, not civilized and decidedly not American.
The ABA continues to promote fairness and work towards effective legislation. Being a refuge for immigrants is in our country’s DNA.
As George Washington wrote in 1783, “The bosom of America is open to receive not only the opulent and respected stranger, but the oppressed and persecuted of all nations and religions; whom we shall welcome to a participation of all our rights and privileges.”
Follow President Bass on Twitter @ABAPresident or email [email protected].
This article was published in the June 2018 issue of the ABA Journal with the title "Defending the Huddled Masses: ABA succeeds in key efforts to protect rights, ensure fairness in immigration process."
