House Passes Measure to Expand Expedited Removal & Indefinite Detention, Punish Guilt by Association

Cite as "AILA InfoNet Doc. No. 06092175 (posted Sep. 21, 2006)"

The House, on 9/21/06, passed harsh enforcement legislation lifted from Rep. Sensenbrenner’s H.R. 4437 that endangers due process rights and does little to make our nation more secure. The Community Protection Act of 2006 (H.R. 6094) would change the way that we treat people living and working in this country and create a dangerous precedent for denying fair treatment and due process to entire categories of individuals. For example:

  • Sections 101 and 102 of the Dangerous Alien Detention Act contained in H.R. 6094 seeks to legitimize the practice of indefinite detention of aliens awaiting removal, despite Supreme Court decisions requiring elimination of this practice;
  • Section 201 of the Criminal Alien Removal Act contained in H.R. 6094 would expand the use of expedited removal proceedings to individuals already in the United States – even individuals who have resided here for years - in ways that would significantly increase the risk of deporting innocent people; and
  • Sections 301-303 of the Alien Gang Removal Act contained in H.R. 6094 would grant unfettered discretion to the executive branch to designate “criminal street gangs” and then strip alleged members of such gangs of virtually all rights.

See the Related Link for a detailed summary of the bill. The measure passed on a vote of 328-95 under a closed rule, which precluded any amendments from being offered on the floor.