#not1more blue ribbon commission summary
TRANSCRIPT
Blue Ribbon Commission Recommendations to
President Obama and the Department of Homeland Security In March of this year President Obama met with members of the Congressional Hispanic Caucus and later with immigration advocates as an attempt to tamp down criticism of his Administration’s deportation record. With S.744, the most recent comprehensive immigration reform measure, stalled in the House of Representatives, the pressure is growing on the Obama Administration to take executive action to stop deportations. Thousands of people have taken to the streets, engaged in civil disobedience actions, and gone on hunger strike to bring attention to the crisis plaguing immigrant communities. The President attempted to redirect the focus towards Congress and Republicans, and simultaneously announced a 90-‐day internal policy review at the Department of Homeland Security on how immigration enforcement could be conducted “more humanely.” We are aware that this review will be met with proposals from across the spectrum of civil society on how the President can and should act. It seems now that action from the President is inevitable. Thus, the questions before us are about timing and scope. We insist that the timing be immediate and the scope be as broad and bold as possible. Within previous discussions on relief there has been a tendency that results in the segregation of parts of the immigrant community into those who are ‘deserving’ and those who are ‘undeserving.’ We've been given a false choice: expanding protections for the former at the expense of punishing the latter. Instead of allowing a criminal record to be a categorical bar to inclusion, it must be weighed within the entire consideration of a person’s contributions and ties to community and be discounted in the context of a biased criminal justice system that impacts communities of color and low-‐income people at higher rates resulting in their disproportionate presence and more likely contact with law enforcement. Removal proceedings thus should begin with a presumption that the individual will face hardship if deported, weighing family and community ties first, rather than drawing a hard line of deportability at criminal records. Each individual should have the opportunity and due process to make their own case for relief, but the burden of proof of what makes a person a priority for deportation should be on the government. As undocumented and formerly undocumented community members who have witnessed mass deportations, been subject to removal proceedings and worked directly with those fighting detention and deportation and whose own lives are impacted by upcoming policy decisions, we put forward this set of recommendations to the White House on how President Obama can take steps to advance immigrant justice and immigration reform immediately. We ask that the President meet with our commission, we who have authored this report, to discuss our proposals.
Commission Recommendations Expand Deferred Action to the Fullest Extent of the Law, to as Many People as Possible Record deportations are separating families and tearing people from their homes, silencing workers who report labor violations, and ravaging communities. Each person deported has a story. Ending this suffering is our top priority. Expanding deferred action would provide protection from deportation, keep families and communities together, and allow people to live and work without fear. In addition, persons who already have an approved DACA application, as well as those with an approved family or employment petition should be offered parole-‐in-‐place, so they can not only be protected from deportation, but can actually benefit from their approved petitions by adjusting their status to permanent residency in the future. End the Secure Communities and Criminal Alien Programs and 287(g) Agreements Secure Communities, the Criminal Alien Program and other ICE ACCESS programs separate families and communities, threaten public safety, wrongly conflate criminal law and immigration law, and make ICE officers a regular feature in local courtrooms, jails, and prisons around the country. By making immigration status a matter of concern for local police, ICE ACCESS programs criminalize immigrants, incorrectly portraying immigration as primarily a law enforcement and national security issue to be solved by more ICE and CBP officers and more detention centers. These programs also cultivate racial profiling by the police, further endanger over-‐policed communities such as transgender women of color, and erode community safety by discouraging immigrants from accessing supportive services. Just as the President has ramped up these harmful programs during his administration, he can and should seek to end them. Eliminate the Bed Quota and Drastically Curtail the use of Detention In fiscal year 2012, a record-‐breaking 477,523 people saw the inside of an immigration prison. Many advocates decry that Congress requires DHS to arbitrarily have 34,000 detention beds available on any given day, a so-‐called “detention bed-‐mandate.” However, as current DHS Secretary Jeh Johnson has noted, the appropriations legislation says nothing about mandating the detention of 34,000 people to fill those beds. Additionally, the use of supervised release and alternatives to detention is limited, and the bonds assigned to immigrants by both ICE and EOIR are often prohibitively high. It is within the President’s power to direct the Department of Justice to offer guidance to immigration Judges to lower the bonds set for detained immigrants who are considered low priority, as well as to direct ICE to prioritize release of individuals in removal proceedings on their own recognizance. For detainees who are subject to mandatory detention, the President can also direct the Department of Justice to redefine “alternatives to detention” as being considered “in custody” and offer individualized bond hearings in case of prolonged detention.
Improve Conditions in Detention Facilities, and Expand Protections for Vulnerable Detainees including Pregnant Women, HIV+ and Transgender Individuals, and People with Disabilities Conditions in current detention facilities are deplorable. People are detained far from their families and communities, under inhumane conditions, with lack of access to medical care, protection from violence, and legal counsel. Particularly vulnerable populations such as lesbian, gay, bisexual, and especially transgender immigrants, face especially horrific and dehumanizing conditions, including frequent violence and harassment from guards, deprivation of necessary medical care, psychological torture through solitary confinement, and all too often rape. President Obama should direct the immediate release from custody of particularly vulnerable populations, including people who are pregnant, transgender, living with HIV/AIDS, and/or with disabilities. Additionally, while the DHS has adopted some rules with regards to detention standards, it should require all immigration detention facilities to implement fully and immediately the Prison Rape Elimination Act Regulations (PREA), the most recent Performance-‐Based National Detention Standards (PBNDS), and all other applicable safety standards and regulations in all immigration detention facilities. Revise ICE’s Enforcement Priorities and Expand ‘Low Priority’ Criteria The persistence of record-‐level deportations despite numerous rounds of prosecutorial discretion memos and “reforms” is explained partly by ICE’s overly broad definition of who is considered “high priority” for deportation. The detention and deportation of people convicted of minor crimes, those with old removal orders, and those who re-‐enter following deportation do nothing to advance ICE’s “public safety” mission. Thus, ICE must stop classifying people who fall under these categories as high priority. In addition, particularly for people with criminal histories, ICE should start with a presumption of hardship for people with family and community ties. The agency can then consider all other factors and circumstances that lead to the agency’s designated enforcement practices, but the burden should be on ICE to overcome the presumption of the tremendous hardship caused by deportation.
DHS has discretion regarding what kind of relief to grant when using prosecutorial discretion, including granting deferred action. Currently, most people who receive a positive exercise of prosecutorial discretion to stay their removal do not qualify for employment authorization. Granting them deferred action would give them the opportunity to apply for employment authorization and continue to contribute to their communities. Stop Collaborating with Rogue Sheriffs and Terminate Agreements with Local Law Enforcement Officials who Undermine Civil, Labor and Human Rights The Department of Justice (DOJ) is suing Sheriff Joe Arpaio of Maricopa County for rampant civil rights violations. A DOJ expert investigator found that the Maricopa County Sheriff’s Office was responsible for the worst case of racial profiling he had ever seen. Yet to this day, ICE continues to collaborate with Sheriff Arpaio, targeting individuals arrested by the Maricopa County Sheriffs Office for deportation through S-‐Comm and other programs. DHS also collaborates
with other local law enforcement agencies around the country, including Alamance County, North Carolina, and Cobb and Gwinnett Counties in Georgia, all of which have been found to practice racial profiling and other civil rights violations. This is a disgrace. It undermines the work being done by DOJ and sends the message that deportation quotas trump civil rights. If the DOJ is akin to the fire department in these jurisdictions, DHS is an accomplice to the arsonists. This collaboration must end.
End Operation Streamline Operation Streamline mandates the criminal prosecution of nearly every individual detained for unlawfully crossing the southern United States border. The program is one of the main reasons that immigration-‐related crimes now make up 40% of federal criminal prosecutions. Individuals charged with unlawful entry or re-‐entry are tried en masse in dehumanizing proceedings that make a mockery of the right to a fair trial. Like the Secure Communities program, Operation Streamline was created by the Executive branch, not by Congress. Just as the Executive branch created the program, it can end it. There is no serious doubt about the President’s authority in this area. In fact, President Obama has the constitutional authority not only to decline to prosecute, but to pardon any and all violations of criminal immigration laws—in advance or after the fact, for any reason or no reason at all, on an individual or a categorical basis. In the face of this broad authority, there can be no question that the President should end Operation Streamline immediately. Expand Use of Humanitarian Parole to Ensure that People previously Deported can return to the US The Obama Administration has presided over 2 million deportations that have torn families apart, separated parents from their children, and loved ones from one another. Many people who were previously deported have tried to come back to the U.S., only to be denied humanitarian parole, face federal criminal prosecution and serve time in federal prisons, and ultimately be re-‐deported as ‘criminal re-‐entrants.’
The Administration can and must take steps to reverse the family separation caused by record deportations. By invoking the authority of INA Section 212(d)(5), the President can create a specific humanitarian parole program to bring back deported people with family and community ties in the US.
Protect Basic Rights by Granting Deferred Action to Individuals Filing Civil, Labor, or Human Rights Complaints, and Adopting a Formal Non-‐Retaliation Policy The Administration should act to prohibit unscrupulous employers and other bad actors from using immigration status as a weapon against organizing and whistle-‐blowing immigrants who push back on inhumane hours, dangerous conditions, and withholding of pay (among other
violations). Federal agencies should adopt formal non-‐retaliation policies prohibiting agents from targeting defenders of civil, labor, and human rights for arrest, detention, or deportation. These non-‐retaliation policies should include a blanket prohibition of immigration enforcement activities during a labor dispute or during organizing or collective workplace activity. The following groups should be provided deferred action: individuals without lawful status who come forward to file civil, labor, or human rights complaints; individuals who are detained by immigration authorities during a labor strike; and individuals involved in a pending matter before a federal agency in which they are participating/providing evidence. Finally, all agencies that enforce civil, labor, and human rights should receive U-‐nonimmigrant status certification authority.
Terminate all Federal Contracts with Private Prison Conglomerates such as Corrections Corporation of America (CCA) and GEO Group Inc. Currently, private companies operate 50 percent of immigration detention beds. A stark 100 percent of Criminal Alien Requirement (CAR) beds (segregated prisons for immigrants serving time for drug offenses or unlawful entry/re-‐entry convictions in the federal Bureau of Prisons system) are private. Together, this creates an incentive for private prison corporations to lobby for the laws and policies that lead to increases in the number of immigrants being incarcerated. Therefore, only a ban on the use of private contractors for the incarceration of immigrants will end these abuses. Until private contractors are banned, the Administration should ensure that private prisons be made subject to the same FOIA laws as public actors, and contracts with private prisons should include strict accountability and oversight mechanisms, with contract termination established as a clear consequence of violation. End all ICE Home and Community raid programs including the Criminal Alien Removal Initiative (CARI), eliminate the use of mobile biometric devices and Ensure the Protection of civil rights during all Enforcement Operations Immigrant communities across the country are facing a new frontier of immigration enforcement through a brutal ICE raid program termed the “Criminal Alien Removal Initiative”-‐-‐a stop and frisk program primarily targeting immigrants. The program involves indiscriminate ICE raids at apartment complexes, grocery stores, laundromats, bible study groups and parks based purely on racial profiling. Much like S-‐Comm and CAP, the CARI initiative is not authorized by any Congressional statute, and completely created by the DHS under the authority of President Obama. Ending the CARI initiative and similar ICE raids in immigrant communities where people live, work and go to school will go a long way in flipping the switch on the Administration’s devastating immigration enforcement policies.
End Expedited Removal of SIJS Eligible Youth With the creation of Special Immigrant Juvenile Status (SIJS), Congress intended to protect a vulnerable population of abused and abandoned children by providing them with a path to
permanent residency. The number of children crossing the border has spiked recently, from 6,560 in 2011, and the Department of Health and Human Services estimates that the number of unaccompanied minors will reach 60,000 in 2014. The President can direct the DHS to affirmatively exercise prosecutorial discretion for individuals eligible for permanent residence through SIJS. Similar to the credible fear interview process, DHS should release guidance and put into place a specific screening policy for individuals between the ages of 18 and 21 to determine if there is a possibility they could obtain lawful permanent residency through SIJS. Implement Prosecutorial Discretion Policies for CBP, Act to Limit Scope of CBP Enforcement, Including Ending Internal Raids, and Take Action to End Migrant Deaths on the Border. Customs and Border Protection officers and Border Patrol agents routinely abuse their authority both within and outside border regions, making racially motivated arrests, employing derogatory and coercive interrogation tactics, and imprisoning immigrants under inhumane conditions. A report commissioned by the CBP itself found that 28 people have died since 2010 after encounters with Border Patrol agents. Hundreds of others have died on the border, many trying to return to their families and communities following their deportation and fleeing economic displacement or persecution. The President can and should act to reign in CBP’s excesses. CBP should begin to practice prosecutorial discretion, and should publicly clarify its policies for doing so. The President should direct the agency to drastically limit the scope of its activities within 100 miles of the border, and call for an end to internal raids, including ending the practice of raids on domestic trains and buses. In areas with migrant deaths, DHS should provide funds for the installation and expansion of rescue beacons and water drums, and Customs and Border Protection should provide documentation and reporting at the end of each year on migrant deaths and the actions taken to prevent deaths. A DHS Border Oversight Task Force should be created, and include participation of border communities, to ensure accountability of field enforcement practices on the border. Renegotiate Trade agreements to eliminate provisions that cause displacement of communities and increase economic pressure on people to migrate, and end Negotiations on the Trans Pacific Partnership
The immigration policy debate and the debate on free trade policies are inextricably linked. While most of the above listed points touch directly on the immigration functions of the Executive branch, the President must also take action to address the root causes of migration to the United States. The President has been given authority by Congress to negotiate the TPP, and he can use this authority to end the negotiations. Instead of negotiating the TPP in secret, the President should call for a comprehensive review of the U.S.’s trade policies and their effects on migration. Once the review is complete, the President should seek to renegotiate trade agreements to eliminate provisions that cause displacement of communities and increase economic pressure on people to migrate.
Commission Members Jose Alvarado Erika Andiola Guadalupe Andiola Hareth Andrade Mario Andrade Cecilia Sáenz Becerra Eleazar Castellanos Angelica Chazaro Neidi Dominguez Lourdes Hernandez Angel Agustin Hernandez Gomez Ju Hong Prerna Lal Fanny Lopez Yoselyn Madrid Juan Jose Mangandi Raymundo Mendoza Jose Moreno Jocelyn Munguia Maricela Muñoz Shellion Parris Noé Ramirez Jamie Reyes Carlos Rojas Álvarez Hector Ruiz Erlin San Martin Gomez Tania Unzueta Edgar Godoy Valladares Cesar Vargas Rosa Velasquez Maru Mora Villalpando Reyna Wences