Issue Paper - FIX '96: RESTORE DUE PROCESS

ISSUE PAPER

FIX '96: RESTORE DUE PROCESS
TO U.S. IMMIGRATION LAW

THE ISSUE: The 1996 immigration laws violate core American principles of law, justice and fairness. Specifically, these laws subject long-time lawful permanent residents to deportation for minor offenses from years in the past. The 1996 laws are merciless: providing for no second chances, changing the rules in the middle of the game, and denying people their day in court. The 1996 immigration laws are tearing families apart. It is time to right the wrongs and FIX '96!

BACKGROUND: In 1996, the 104^th Congress passed and the President signed into law the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) and the Anti-Terrorism and Effective Death Penalty Act (AEDPA). Touted as legislation that would control illegal immigration, IIRAIRA and AEDPA actually include many provisions that significantly affect American families, legal immigrants and others seeking to enter the United States legally. Members of Congress and the general public are recognizing the need to change these laws. (See AILA Issue Paper “Due Process: Recent Immigration Laws Go too Far” for details.)

CURRENT STATUS: Several members of Congress have introduced legislation that would address the problems that have resulted from the 1996 laws.

H.R. 5062, introduced by Representative Bill McCollum (R-FL). This bill is the product of negotiations primarily between Representatives Barney Frank (D-MA) and Henry Hyde (R-IL) to repeal at least some of the harshest provisions of the 1996 laws. Under this proposal, the aggravated felony definition and the “stop-time” rule for cancellation of removal for legal permanent residents only, shall not apply to convictions occurring on or before September 30, 1996 (the date of enactment for IIRAIRA). In addition, the Attorney General is required to establish a process under which aliens who would benefit by these changes may apply for reopening or reconsideration of their cases. The Attorney General is also requested to exercise her parole authority for the purpose of permitting aliens removed from the United States to participate in the process created for reconsideration or reopening. While AILA welcomes this proposal, it represents only a very small down payment on the reforms that are needed to address the injustices of the overly-harsh 1996 laws.

H.R. 4966, The Restoration of Fairness in Immigration Act, introduced by Representative John Conyers (D-MI), would revoke sections of IIRAIRA that include retroactive enforcement, restore judicial review and discretion, and eliminate mandatory detention, as well as restore Section 245(i), update the registry date to 1986, create NACARA parity, grant non-immigrant visas to families of LPRs who are waiting for their immigrant visas, and restore fairness in the treatment of battered immigrants. AILA strongly supports H.R. 4966.

H.R. 1485, introduced by Representatives Barney Frank (D-MA), Martin Frost (D-TX) and Lincoln Diaz-Balart (R-FL), would help restore basic fairness to U.S. immigration law by providing long-term legal residents with the opportunity to show that they deserve a second chance. American family members, length of time in the U.S., contributions to the community and military service could be taken into account before requiring deportation. Currently H.R. 1485 has 70 cosponsors.

H.R. 3272, introduced by Representative Bob Filner (D-CA), takes a more direct approach to righting the wrongs of IIRAIRA by directly repealing certain provisions of the 1996 laws. It would repeal the overly broad and harsh definition of an “aggravated felony” and “term of imprisonment”, and repeal the “stop-time” provisions in IIRAIRA. The bill also would restore judicial discretion in deportation cases involving minor crimes, return pre-IIRAIRA detention policies, and reinstate judicial review. A.

H.R. 2999 was introduced by Representatives Bill McCollum (R-FL) and Lincoln Diaz-Balart (R-FL). This bill is significant because Representative McCollum was one of the strongest supporters of the 1996 law and is Chairman of the House Subcommittee on Crime. His recognition that the law is harsh and goes too far underscores AILA’s assertion that IIRAIRA must be changed. It is encouraging that Representative McCollum recognizes, as he stated in a recent press release announcing the introduction of the bill, that the “1996 law went too far. We are a just and fair nation and must strike a just and fair balance in our immigration laws.” As introduced, however, the bill has yet to achieve this just and fair balance.

Upcoming: Senators Edward Kennedy (D-MA) and Bob Graham (D-FL) shortly will introduce legislation in the Senate providing for comprehensive reform of the '96 law.