Recently the handling of civil immigration detainers by local law departments has been heavily scrutinized.
AILA Doc No. 03011631 | Dated January 16, 2003
Dear Member of Congress:
With the creation of the Department of Homeland Security, you and your colleagues will be undertaking the important task of determining how best to organize and provide oversight responsibilities for this new agency. We write this letter with the goal of contributing our expertise in immigration law and policy to help make the new department function effectively, efficiently, and fairly. To these ends, we urge that you consider the following:
Congressional Oversight: The Congressional oversight committees granted jurisdiction over our immigration functions must be comprised
of Members of Congress who understand the importance of both adjudications and enforcement and are committed to performing both functions in an efficient, fair
and effective manner. The Judiciary Committee currently has this expertise and should be allowed to maintain jurisdiction.
Coordination: While the new agency clearly separates the Directorate of Border and Transportation Security from the Bureau of Citizenship and Immigration Services, successful adjudication and enforcement initiatives depend on the separated functions being closely coordinated. Such coordination receives inadequate attention in the new law and needs to be addressed through
oversight and practice.
Both Immigration Functions Important: Enforcement and adjudications are two sides of the same coin and merit equal attention, support, and funding. Because both are essential to enhance our security, equal emphasis needs to be placed on improving services and on effective and fair enforcement.
The chronic underfunding of adjudications must not be allowed to continue. The Bureau of Citizenship and Immigration Services must be adequately funded and not
subject to unfunded, underfunded, complicated, and conflicting mandates. Direct Congressional appropriations must supplement user fees to ensure the effective,
efficient, and fair provision of ervices.
Expertise and Accountability: Officials charged with organizing our immigration functions and leading these divisions within the new department should understand immigration policy, recognize the importance of
both adjudications and enforcement, and work to ensure the necessary coordination of the separated adjudications and enforcement functions.
Furthermore, INS' transition into the new department should be undertaken so as to ensure the full provision of services and effective and fair enforcement, while minimizing disruptions and delays. Officials in charge must remain accountable and willing to address problems that result from this massive reorganization.
Ports of Entry: Enforcement and adjudications come together at our ports of entry. Our national and economic security depends on the efficient flow of people and goods at these ports. The new law is silent on how
our immigration functions will operate at our ports. It is critical that those responsible for inspections at our entry points be fully aware of, and educated about, the policies and practices of the Bureau of Citizenship and Immigration Services. To ensure consistent and fair border adjudications, key responsibilities should reside with the Bureau of Citizenship and Immigration Services personnel present at each port.
Local Immigration Offices: Local offices are the backbone of our immigration functions and must be staffed by knowledgeable people capable of making crucial, often life and death, decisions. These offices must be
accessible to the communities they serve and operate within a clear chain of command. These offices must be adequately funded because expertise, accountability, and accessibility alone cannot solve the pervasive financial crisis and resulting backlogs.
Visa Policy: With the authority to establish and administer rules governing the granting of visas and other forms of permission given to the Directorate of Border and Transportation Security, it is vitally important that visas be granted to the people who come to build America and denied to those who mean to do us harm. We must balance our national security and economic security needs in recognition that the United States is tied to the rest of the world economically, socially, and politically.
Unaccompanied Minors: While the new law authorizes the Director of the Office of Refugee Resettlement (ORR) of the Department of Health
and Human Services to take over the functions of the immigration laws with respect to unaccompanied alien children, important procedural safeguards are not
included in the new law. As the new department takes shape, we look forward to working with you to address these concerns.
Refugees: The Bush Administration recognized the unique
needs of asylum claims and created, within INS, a dedicated corps that
adjudicated only asylum claims. This year, a similar - and long overdue -
refugee corps was established for refugee adjudications overseas. To ensure that
refugee and asylum adjudicators are properly trained; that there is a clear line
of accountability from headquarters to the field on refugee protection matters;
and that flexibility to respond to refugee emergencies is maximized, two
dedicated corps for Asylum and Refugee claims should be preserved within the
Citizenship and Immigration Services structure.
Civil Rights Protections: While the law establishing the
new department recognizes the need for internal oversight by including a civil
rights officer and a privacy officer, provisions in the bill do not go far
enough to empower these officials to effectively protect civil rights and
liberties. Such authority is vitally needed, given the scope and authority of
the new agency. As the new department takes shape, we look forward to working
with you to create effective mechanisms to protect all of our civil
Ombudsman: The new law establishes an ombudsman (and local
ombudsman offices) and authorizes the ombudsman to identify severe problem
areas, report these problems, and propose changes. We strongly urge you to
adequately fund this important function and look forward to working with this
office at the national and local levels to ensure that the important goals of
this office are achieved.
Private Sector Liaison and Advisory Councils: The new law mandates that a new Special Assistant to the Secretary be appointed to serve as a private sector liaison to do outreach and evaluate the impact of the department's policies, regulations and actions on the private sector. The new law also creates private sector advisory councils to advise on homeland security policies that affect industry and associations. We urge Congress to adequately fund this new office and ensure that all voices in the private sector are represented and heard. We look forward to working with this new office and participating in the advisory councils.
The largest reorganization of our government in decades will demand the hard work of many people. In carrying out this work, we must balance our national security goals with laws and policies that welcome newcomers and recognize the strong and vital connections between the United States and the rest of the world. We look forward to contributing our expertise to this important endeavor.
American Jewish Committee
American Immigration Lawyers Association
Coalition for Humane Immigrant Rights of Los Angeles (Los Angeles, CA)
Hebrew Immigrant Aid Society
Illinois Coalition for Immigrant and Refugee Rights
Immigrant Legal Resource Center
Lutheran Immigration and Refugee Service
Mexican American Legal Defense and Educational Fund
Massachusetts Immigrant and Refugee Advocacy Coalition (Boston, MA)
National Asian Pacific American Legal Consortium
National Council of La Raza
National Immigration Forum
National Immigration Law Center
Northwest Federation of Community Organizations (Seattle, WA)
Salvadoran American National Network
Voces de la Frontera (Milwaukee, WI)
Asian Pacific American Labor Alliance, AFL- CIO
United Jewish Communities
United Jewish Appeal-- Federation of New York (New York, New York)
Cite as AILA Doc. No. 03011631.