Disappointingly, the Senate Judiciary Committee voted this week to further strip permanent residents with convictions of due process. In 1996, Congress passed harsh laws stripping long term permanent residents of the right to a day in court before they were deported due to a criminal conviction. Prior to the law, they would have a chance for a judge to balance the conviction against evidence of rehabilitation, close family ties including minor children, and other positive factors. While Congress calls these crimes "aggravated felonies", it includes misdemeanors and minor offenses for which the person served no time in jail.
Earlier this week, the committee voted to make multiple driving under the influence convictions an aggravated felony. Over the past decade and half, communities have felt the harsh consequences with record numbers of families torn apart. In voting to preserve an immigrant's right to day in court, Senator Patrick Leahy of Vermont stated "I am for enforcement, but I am also for judicial discretion."
Kamel Mouath* is one immigrant who would have been torn apart from his U.S. citizen spouse and young daughter without a hearing under the Senate's bill. Kamel was repeatedly arrested, beaten, and sexually assaulted by police in his home country. He developed depression and Post-Traumatic Stress Disorder leading him to self medicate with alcohol. He was convicted several times of driving under the influence. Eventually, he was able to get treatment and became sober. Under the Senate's proposal a judge could not consider his family, rehabilitation, or mental health.
"Immigration reform that fails to address the hundreds of thousands of families torn apart by detention and deportation each year is not comprehensive." said Alison Pennington, Staff Attorney for Immigrant Rights at the Asian Law Caucus. The committee's vote violates core American values of fairness and justice. We call on Congress to fix our broken immigration system and restore a day in court for all immigrants.
*Name and identifying details have been changed to protect confidentiality.
This statement has been endorsed by the following organizations:
One Love Movement
Southeast Asian Resource Action Center
Immigrant Legal Resource Center
Bill Hing, Chair, San Francisco Immigrant Rights Commission
Immigrant Defense Project
National Immigration Project
Immigrant Justice Network
Chinese for Affirmative Action
California Immigrant Policy Center
Interfaith Coalition for Immigrant Rights (CLUE-CA)
American Federation of Teachers, Local 2121
La Raza Centro Legal
Dolores Street Community Services
Asian Students Promoting Immigrant Rights through Education (ASPIRE)
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About the Asian Law Caucus
The Asian Law Caucus was founded in 1972 as the nation's first legal and civil rights Asian American organization. Recognizing that social, economic, political and racial inequalities continue to exist in the United States, ALC is committed to the pursuit of equality and justice for all sectors of our society, with a specific focus directed toward addressing the needs of low-income, immigrant and underserved Asian Americans and Pacific Islanders. The Asian Law Caucus is a member of the Asian American Center for Advancing Justice.
Visit: www.asianlawcaucus.org
