Mexican American Political Association
March 02, 2007
Greetings!
UNITY BLUEPRINT FOR IMMIGRATION REFORM
MAPA and the Hermandad Mexicana Latinoamericana present the document below –
Unity Blueprint for Immigration Reform – as the culmination of months of
consensus-building between literally hundreds of organizations, their allies,
affiliates, and friends for the purpose of presenting the story and legislative
proposals of the immigrant communities in favor of federal immigration reform.
The organizations have worked very hard to reach consensus on the most
difficult issues, and this is our legislative program. We present this to the
U.S. Congress and we will use this to organize our communities, build broader
consensus across communities, and continue building the immigrants’ rights
movement throughout our country. Where disagreements continue to exist between
our organizations, we will continue to press for unity, maintain a constructive
dialogue, and deepen our consultation with our own immigrant communities. To: Members of the United States Congress
The Unity Blueprint for Immigration Reform provides specific legislative
proposals for rational and humane transformation of the current immigration
policy disaster in the United States. These proposals were developed in several
meetings in California, Arizona, and Texas, with over 150 organizations
participating in discussions leading to the Unity Blueprint proposals. While
organizations may vary widely on the strategies they adopt to bring about immigration
reform, the Unity Blueprint provides positions of unity on the substance of
immigration reform.
As stated in the Preamble to the Unity Blueprint, the United States urgently
requires a workable, just, and fair immigration system that addresses the
interests of the nation and the millions of immigrants who give their labor,
talents, and investments to it without the benefit of protections and rights
extended to its citizenry. We believe that the Unity Blueprint proposals are
both in the national interest and in the interest of its immigrant communities.
The Blueprint is built upon the unity of interests between the nation and its
immigrant workers and communities.
The following is a summary of the essential provisions of the Unity Blueprint
1. Protect the well-being and safety of immigrant and U.S. citizen children.
Amend the Immigration and Nationality Act (INA) to permit the parents of U.S.
citizens to petition through their US citizen children under 21 years of age,
avoiding the deportation of the parents of US citizen children and allowing
such children equal opportunities with other citizen children. Support
enactment of the DREAM Act. Support enactment of the Child Citizen Protection
Act. Amend the INA to require that apprehended immigrant children are informed
about rights they possess to legalize their status under existing laws enacted
by Congress and are afforded the assistance of counsel.
2.Achieve faithful enforcement of immigration laws by reinstating the
jurisdiction of the federal courts to review agency decisions involving
immigrants. Repeal provisions in the Anti-Terrorism and Effective Death Penalty
Act of 1996, the Illegal Immigration Reform and Immigrant Responsibility Act of
1996, and the 2005 Real ID Act that strip the courts of their historic role to
ensure that the Executive faithfully implements the laws of Congress.
3.Achieve maximum protection of the labor rights and working conditions of U.S.
and immigrant workers. Repeal current Employer Sanctions laws that are
ineffective in stopping the hiring of undocumented migrants but cause
widespread discrimination against citizens and are used to further threaten and
exploit undocumented workers. Bring antidiscrimination protections in the INA
into line with those in other civil rights laws. Ensure that immigration
enforcement complements rather than undermines the enforcement of labor and
employment laws. Review international trade agreements that contribute to
undocumented migration. Prohibit States from considering immigration status in
determining worker benefits. Increase budgets for the Wage and Hour Division of
the Department of Labor and the Occupational Safety and Health Administration.
4.Achieve maximum reduction in the size of the undocumented population. Enact a
single-tier and truly comprehensive legalization program offered to all
undocumented persons who have not committed serious crimes so as to make them a
danger to their communitites. Provide an expedited legalization program for
long-time resident Central American and other refugees previously granted some
form of temporary status.
5.Achieve a realistic legal framework for future migration. Restructure the
immigration quota system to better match the known family and employment-based
demand. Ensure that the issuance of permanent and temporary employment- based
visas are determined by labor needs based upon reliable economic indicators,
rather than an employer-driven system that is easily gamed. Temporary worker
programs should not be expanded and must be reformed to provide full labor
rights and the ability to seek resident status after three years. Repeal the 3
and 10-year and permanent bars that prevent immigrants from legalizing their
status. Restore the ability of immigrants to legalize status in the U.S. despite
overstaying visas or entering without inspection.
6.Achieve rational and humane operational control of the borders. Require that
migrants apprehended entering the country be informed of rights extended to
them by Congress before they are deported (rights available to victims of
trafficking and violent crimes, and abused and abandoned unaccompanied
juveniles). Prohibit the use of U.S. military forces for border enforcement.
Make enforcement of laws to prevent vigilantism a priority and monitor
vigilante activity. Decriminalize humanitarian assistance to migrants injured
while attempting to enter the country. Make border enforcement solely a federal
function. Repeal the Secure Fence Act of 2006 in its entirety. Prohibit Border
Patrol high speed chases and use of deadly force except when required to
protect life or serious injury. Repeal recently enacted laws that permit
“expedited removal” of certain migrants apprehended within 100 miles of the
border. Enact legislation permitting border crossing by indigenous people. Set
up an Independent Commission to provide accountability, consultation, and
monitoring of federal border policies and practices.
7.Achieve rational and humane interior enforcement and related policies
relating to the presence of immigrant communities. Enact legislation
prohibiting mass non-individualized detentions of citizens and immigrants at
work sites and elsewhere. Repeal the recent law that bars States from issuing
drivers licenses to undocumented immigrant drivers. Grant suspension of deportation
or registry to immigrants of good moral character with five years continuous
residence. Repeal recent laws that prevent release on bond for apprehended
migrants who are not a flight risk or risk to the community. Enact legislation
making removal proceedings open to the public. Enact legislation making
technical violations of registration requirements punishable by civil
penalties. Require accuracy in the National Crime Information Center database.
Enact legislation to amend the definition of an “aggravated felony” in the INA
(now includes misdemeanors and non- aggravated crimes). Enact legislation to
prohibit the retroactive application of immigration laws. Enact laws to grant
immigrants full access to financial institutions.
Long-range immigration policy must also address the underlying root causes that
drive migration to the United States, including massive inequality in wealth
distribution, economic dislocation in major sending communities, and free trade
agreements that have caused workers to loose their jobs in migrant sending
communities.
No rational policy can ignore these realities.
The Unity Blueprint of legislative proposals is intended to guide legislators,
advocates, and the public on the framework of a rational and humane immigration
policy that protects and promotes the interests of children, U.S. workers,
immigrant workers, sending communities from which immigrants come, and the
communities in which they live and work in the United States.
[If you support the framework of the Unity Blueprint and would like to co-sign
this letter, or have comments, please email Pablo Alvarado
apabloalvarado@aol.com, Dolores Huerta ahuerta@doloreshuerta.org, Rosa Rosales
presidentrosales@lulac.org, Angela Sanbrano angela.san1@verizon.net, and Peter
Schey pschey@centerforhumanrights.org]
Pablo Alvarado
National Coordinator, National Day Laborers Organizing Network
Maria Elena Durazo
Executive Secretary- Treasurer, Los Angeles County Federation of Labor, AFL-CIO
Father Richard Estrada
Our Lady Queen of Angels, Los Angeles
Antonio Gonzalez
President, William C. Velasquez Institute
Dolores Huerta
President, Dolores Huerta Foundation & Co-Founder of the United Farmworkers
Uni*n
Victor Narro
Project Director, UCLA Downtown Labor Center
Rosa Rosales
National President, League of United Latin American Citizens
Angelica Salas
Executive Director, Coalition for Humane Immigrants Rights of Los Angeles, and
Angela Sanbrano
Executive Director, Central American Resource Center (Los Angeles) and
President of the National Alliance of Latin American and Caribbean Communities
Peter Schey
President & Ex. Director, Center for Human Rights and Constitutional Law
(CHRCL).
INTRODUCTION
On January 19-20, 2007, a meeting was convened in Los Angeles to discuss the
outline of a unity blueprint for immigration reform. The conveners include
Pablo Alvarado, National Coordinator, National Day Laborers Organizing Network,
Rosa Rosales, National President, League of United Latin American Citizens,
Angela Sanbrano, Executive Director, Central American Resource Center (Los
Angeles) and President of the National Alliance of Latin American and Caribbean
Communities, Maria Elena Durazo, Executive Secretary-Treasurer, Los Angeles
County Federation of Labor, AFL-CIO, Dolores Huerta, President, Dolores Huerta
Foundation & Co-Founder of the United Farmworkers Uni*n, Victor Narro,
Project Director, UCLA Downtown Labor Center, Father Richard Estrada, Our Lady
Queen of Angels, Antonio Gonzalez, President, William C. Velasquez Institute, Angelica
Salas, Executive Director, Coalition for Humane Immigration Reform of Los
Angeles, and Peter Schey, President & Ex. Director, Center for Human Rights
and Constitutional Law (CHRCL). In addition to the Conveners, representatives
of a wide range of community-based and labor organizations involved in
immigration reform work attended the meeting and provided ideas for development
of the Unity Blueprint.
The draft blueprint developed at the initial meeting was further considered and
improved upon following discussion at the National Latino Leadership Summit on
Immigration Policy held in Phoenix on February 3, 2007. That meeting was
jointly convened by the Center for Human Rights and Constitutional Law (CHRCL),
the Mexican American Legal Defense and Education Fund (MALDEF), the League of
United Latin American Citizens (LULAC), the William Velasquez Institute (WCVI),
the Mexican American Political Association (MAPA), the National Alliance of
Latin American and Caribbean Communities (NALACC), and the Labor Council for
Latin American Advancement (LCLAA). The summit meeting was attended by
approximately fifty organizations from around the country involved in
immigration reform work.
The draft blueprint was next considered and improved upon following discussion
at a meeting of the Border Human Rights Working Group in San Antonio, Texas, on
February 12-13, 2007. The Border Human Rights Working Group is a collaborative
project of over fifty NGOs, CBOs, legal services providers, and faith- based
organizations working along the border in California, Arizona, New Mexico, and
Texas.
The Unity Immigration Reform supporters believe that the interests of the
nation, and its children, workers, businesses, and immigrants communities will
be served through the adoption of rational, effective, and humane immigration
reform proposals. They believe that the nation’s interests are best served by
reducing to the maximum extent possible the size of the undocumented migrant
population, preserving family unity and reducing the backlog in family-based
immigration, ensuring that legal permanent residents have the same due process
and civil liberty protections as citizens, defending the rights of innocent
children, fully protecting and enhancing the rights of U.S. and immigrant
workers, and realistically addressing future flows of immigrants so that the
undocumented population does not again mushroom over the next ten to twenty
years.
We believe that immigrant families contribute to our society and culture and
help meet our labor force needs. We also believe that a revised employment-
based immigration system should strive to use objective economic factors to
determine labor market needs and will produce immigrant visa numbers in
proportion to labor shortages. We oppose the present labor certification
process which often results in immigrant workers being placed in jobs many
years after the labor market was tested to determine the availability of U.S.
workers, both because it fails to unite labor needs with the timely issuance of
visas and also often forces intending immigrant workers to wait for many years
for their visas. A rational visa issuance process would result in immigration
waiting lines being relatively current and affected only by processing time.
We do not believe that militarization of the borders, employer sanctions, and
large-scale domestic enforcement are productive in reducing or controlling
undocumented migration. Such measures have not in the past stopped migration or
forced undocumented migrants to leave the United States. Instead, they simply
drive immigrants underground, encourage a black market in immigrant labor, and
cause the separation of families. Nor do such enforcement approaches in any way
address the underlying root causes that drive migration to the United States,
including massive inequality in wealth distribution, economic dislocation in
major sending communities, the U.S. demand for labor, and free trade agreements
that have caused workers to loose their jobs in migrant sending communities.
Nor do such enforcement approaches in any way address the underlying root
causes that drive migration to the United States, including massive inequality
in wealth distribution, economic dislocation in major sending communities, the
U.S. demand for labor, and free trade agreements that have caused workers to
loose their jobs in migrant sending communities.
While we are making specific proposals to vastly improve the rationality of
U.S. policy, we also recognize that immigration policies should not be imposed
unilaterally but developed cooperatively through multilateral agreements
similar to those used to govern international flows of capital, goods,
commodities, and information. The Unity Blueprint supporters believe that
nations have responsibilities beyond their borders, and unilateral actions
taken by the United States can have serious negative repercussions for other
countries linked to it in the global system. We therefore recommend that the
United States engage in bi-national and multilateral discussions with major
migrant sending countries to arrive at a coherent and long-term set of
migration policies.
The Unity Blueprint collaborators intend to advocate for, assist in the
drafting of, and support legislation consistent with the summ
ary outlined
below.
[Groups interested in endorsing the Unity Blueprint or offering comments,
please email Pablo Alvarado apabloalvarado@aol.com,
Dolores Huerta
ahuerta@doloreshuerta.org,
Rosa Rosales presidentrosales@lulac.org,
Angela Sanbrano angela.san1@verizon.net, and
Peter Schey pschey@centerforhumanrights.org]
TABLE OF CONTENTS
PREAMBLE1
1. PROTECTING THE WELL-BEING AND SAFETY OF IMMIGRANT AND U.S. CITIZEN
CHILDREN.1
A.AMEND THE INA TO PERMIT THE PARENTS OF U.S. CITIZENS TO PETITION THROUGH
THEIR US CITIZEN CHILDREN UNDER 21 YEARS OF AGE1
B.SUPPORT ENACTMENT OF THE DREAM ACT2
C.SUPPORT ENACTMENT OF THE CHILD CITIZEN PROTECTION ACT2
D.AMEND THE INA TO REQUIRE THAT APPREHENDED IMMIGRANT CHILDREN ARE INFORMED
ABOUT RIGHTS THEY POSSESS TO LEGALIZE THEIR STATUS UNDER EXISTING LAWS ENACTED
BY CONGRESS AND ARE AFFORDED THE ASSISTANCE OF COUNSEL2
2.ACHIEVING MAXIMUM COMPLIANCE WITH AND FAITHFUL ENFORCEMENT OF IMMIGRATION
LAWS BY REINSTATING THE JURISDICTION OF THE FEDERAL COURTS TO REVIEW AGENCY
DECISIONS INVOLVING IMMIGRANTS2
A. REPEAL JURISDICTION-STRIPPING PROVISIONS ENACTED IN THE ANTI-TERRORISM AND
EFFECTIVE DEATH PENALTY ACT OF 1996 3
B. REPEAL JURISDICTION-STRIPPING PROVISIONS ENACTED IN THE ILLEGAL IMMIGRATION
REFORM AND IMMIGRANT RESPONSIBILITY ACT OF 19963
C.REPEAL JURISDICTION-STRIPPING PROVISIONS ENACTED IN THE 2005 REAL ID ACT 3
3.ACHIEVING MAXIMUM PROTECTION OF THE LABOR RIGHTS AND WORKING CONDITIONS OF
U.S. AND IMMIGRANT WORKERS3
A. REPEAL EMPLOYER SANCTIONS LAWS 3
B. BRING ANTIDISCRIMINATION PROTECTIONS IN THE IMMIGRATION AND NATIONALITY ACT
INTO LINE WITH THOSE IN OTHER CIVIL RIGHTS LAWS4
C. ENSURE THAT IMMIGRATION ENFORCEMENT COMPLEMENTS RATHER THAN UNDERMINES THE
ENFORCEMENT OF LABOR AND EMPLOYMENT LAWS5
D. REVIEW INTERNATIONAL TRADE AGREEMENTS THAT CONTRIBUTE TO UNDOCUMENTED
MIGRATION6
E. PROHIBIT STATES FROM CONSIDERING IMMIGRATION STATUS IN DETERMINING WORKER
BENEFITS6
F.INCREASE BUDGETS FOR THE WAGE AND HOUR DIVISION OF THE DEPARTMENT OF LABOR
AND THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION7
G.EXTEND FREE LEGAL SERVICES ASSISTANCE TO ALL IMMIGRANT WORKERS7
4.ACHIEVING MAXIMUM REDUCTION IN THE SIZE OF THE UNDOCUMENTED POPULATION 7
A. ENACT A SINGLE-TIER AND TRULY COMPREHENSIVE LEGALIZATION PROGRAM7
B. PROVIDE AN EXPEDITED LEGALIZATION PROGRAM FOR LONG-TIME RESIDENT CENTRAL
AMERICAN AND OTHER REFUGEES8
C. MAKE LEGALIZATION APPLICANTS ELIGIBLE TO RECEIVE FREE LEGAL SERVICES IF THEY
ARE TOO INDIGENT TO AFFORD RETAINED COUNSEL8
5.ACHIEVING A REALISTIC LEGAL FRAMEWORK FOR FUTURE MIGRATION8
A. REPEAL THE 3 AND 10-YEAR AND PERMANENT BARS THAT PREVENT IMMIGRANTS FROM
LEGALIZING THEIR STATUS9
B. RESTORE THE ABILITY OF IMMIGRANTS TO LEGALIZE THEIR STATUS IN THE UNITED
STATES DESPITE OVERSTAYING THEIR VISAS OR ENTERING WITHOUT INSPECTION9
C. RESTRUCTURE THE IMMIGRATION QUOTA SYSTEM10
D.FUTURE WORKERS SHOULD COME INTO THE US WITH FULL RIGHTS11
E.THE ISSUANCE OF PERMANENT EMPLOYMENT VISAS SHOULD BE BASED UPON RELIABLE
ECONOMIC INDICATORS11
F. EXISTING TEMPORARY WORKER PROGRAMS SHOULD BE REPAIRED11
G. FREE LEGAL SERVICES FOR VISA APPLICANTS12
6.ACHIEVING RATIONAL AND HUMANE OPERATIONAL CONTROL OF THE BORDERS. 12
A. REQUIRE THAT MIGRANTS APPREHENDED ENTERING THE COUNTRY BE INFORMED OF RIGHTS
EXTENDED TO THEM BY CONGRESS BEFORE THEY ARE DEPORTED13
B.PROHIBIT THE USE OF U.S. MILITARY FORCES FOR BORDER ENFORCEMENT13
C.MAKE ENFORCEMENT OF LAWS TO PREVENT VIGILANTISM A PRIORITY AND MONITOR
VIGILANTE ACTIVITY13
D.DECRIMINALIZE HUMANITARIAN ASSISTANCE TO MIGRANTS INJURED WHILE ATTEMPTING TO
ENTER THE COUNTRY13
E.MAKE BORDER ENFORCEMENT SOLELY A FEDERAL FUNCTION14
F.REPEAL THE SECURE FENCE ACT OF 200614
G.END BORDER PATROL HIGH SPEED CHASES AND USE OF DEADLY FORCE EXCEPT WHEN
REQUIRED TO PROTECT LIFE OR SERIOUS INJURY14
H.ASSESS THE NEED FOR ADDITIONAL PORTS OF ENTRY14
I.REPEAL RECENTLY ENACTED LAWS THAT PERMIT “EXPEDITED REMOVAL” OF CERTAIN
MIGRANTS APPREHENDED WITHIN 100 MILES OF THE BORDER14
J.ENACT LEGISLATION PERMITTING BORDER CROSSING BY INDIGENOUS PEOPLE 15
K.INDEPENDENT COMMISSION TO PROVIDE OVERSIGHT, ACCOUNTABILITY, CONSULTATION,
AND MONITORING OF FEDERAL BORDER POLICIES AND PRACTICES15
7.ACHIEVING RATIONAL AND HUMANE INTERIOR ENFORCEMENT AND DUE PROCESS POLICIES15
A.REPEAL RECENTLY ENACTED LAWS THAT PREVENT RELEASE ON BOND FOR APPREHENDED
MIGRANTS WHO ARE NOT A FLIGHT RISK OR RISK TO THE COMMUNITY15
B.LIMIT THE AMOUNT OF TIME AN IMMIGRANT IS DETAINED AFTER BEING ORDERED
RELEASED ON BOND BY AN IMMIGRATION JUDGE 16
C.GRANT SUSPENSION OF DEPORTATION TO IMMIGRANTS WITH FIVE YEARS CONTINUOUS
RESIDENCE16
D.ENACT LEGISLATION PROHIBITING MASS NON-INDIVIDUALIZED DETENTIONS OF
IMMIGRANTS16
E.REPEAL RECENTLY ENACTED FEDERAL LAW THAT BARS STATES FROM ISSUING DRIVERS
LICENSES TO UNDOCUMENTED IMMIGRANTS 16
F.ENACT LEGISLATION MAKING REMOVAL PROCEEDINGS OPEN TO THE PUBLIC16
G.TERMINATE THE NATIONAL SECURITY ENTRY-EXIT REGISTRATION SYSTEM17
H.ENACT LEGISLATION MAKING TECHNICAL VIOLATIONS OF REGISTRATION REQUIREMENTS
PUNISHABLE BY CIVIL PENALTIES 17
I.REQUIRE ACCURACY IN THE NATIONAL CRIME INFORMATION CENTER DATABASE17
J.ENACT LEGISLATION TO AMEND THE DEFINITION OF AN “AGGRAVATED FELONY”17
K.ENACT LEGISLATION TO PROHIBIT THE RETROACTIVE APPLICATION OF IMMIGRATION LAWS
18
L.ENACT LEGISLATION TO GRANT IMMIGRANTS FULL ACCESS TO FINANCIAL INSTITUTIONS18
M.ENACT LEGISLATION ESTABLISHING AN INDEPENDENT COMMISSION INCLUDING
REPRESENTATIVES OF GOVERNMENTS, LABOR, AND CIVIC SOCIETY TO ASSESS THE IMPACT
OF U.S. ECONOMIC AND FOREIGN POLICIES ON MIGRATION18
UNITY BLUEPRINT FOR IMMIGRATION REFORM
PREAMBLE
The United States of America urgently requires a workable, just and fair
immigration reform that addresses the millions of people who give their labor,
talents and investments to this country without the benefit of protections and
rights extended to its citizenry. Such a reform must also take into account the
needs of its U.S. citizens, its domestic workforce, and national economy.
Like other industrialized countries in the world, the U.S is experiencing
dramatic simultaneous demographic changes due to shifts in mortality,
fertility, and immigration. Our native population is aging while bearing many
fewer children. Immigrant labor is required to ensure a plentiful and vibrant
workforce upon which our elderly and children depend.
Migration without full rights for migrants has resulted in the unsupportable
exploitation and trafficking of workers. Authorizing far less visas than the
known demand has resulted in the separation of millions of families for years
and sometimes decades. Non-comprehensive and non-humane immigration policies
also negatively affect the lives of U.S. citizens. No one benefits from the
presence of a large undocumented population of immigrants, other perhaps than a
small group of unscrupulous employers who seek to exploit this population.
Short- sighted responses that seek to severely penalize undocumented migrants
by blocking their path to legalization only exacerbate these circumstances.
Since its founding, the United States has benefited richly from immigrants
drawn from around the world and from citizens’ dogged pursuit of extending
protections and rights to all. We believe in the human rights of all people,
including migrants, and that the principles of human dignity and equality,
aimed at promoting social and economic justice, should be at the forefront of
all domestic and foreign policies.
1. PROTECTING THE WELL-BEING AND SAFETY OF INNOC
ENT IMMIGRANT AND U.S. CITIZEN
CHILDREN.
The rights of U.S. citizen and immigrant children are of major concern and must
be properly addressed. Separation of children from their family creates extreme
hardships and detrimentally impacts the well-being,
safety, and security of
thousands of innocent children each year.
A.Amend the INA to permit the parents of U.S. citizens to petition through
their US citizen children under 21 years of age
Certain provisions of the Immigration and Nationality Act (INA) currently bar
immigration petitions by parents of United States citizen children until such
children turn 21 years of age. This bar is a relatively recent amendment to the
INA. Repealing this bar and permitting the parents of U.S. citizen children to
petition to legalize their status would decrease the undocumented population
while promoting family values and the well-being of innocent children.
B.Support enactment of the DREAM Act
Thousands of undocumented immigrant youth enter the United States every year.
The Development, Relief, and Education for Alien Minors Act (DREAM Act) has the
potential to allow these immigrant children every opportunity to succeed and
benefit our society. The DREAM Act will facilitate the education of immigrant
youth and legalize a population that is otherwise almost certain to remain
permanently residing in the United States in underground and unlawful status.
In fact, this country has already invested substantially in the education of
many of these children, making support of a program to legalize their status
all the more desirable.
C.Support enactment of the Child Citizen Protection Act
Support enactment of the CHILD CITIZEN PROTECTION ACT (H.R. 213), introduced by
Congressman Jose Serrano (D-NY). The bill would allow an immigration judge to
consider the well being of US citizen children before deporting an immigrant
parent.
D.Amend the INA to require that apprehended immigrant children are informed
about rights they possess to legalize their status under existing laws enacted
by Congress and are afforded the assistance of counsel
Enact legislation requiring that all apprehended unaccompanied immigrant
children should be questioned about their possible eligibility for benefits
under the Immigration Act including Special Immigrant Juvenile status, informed
of their right to apply for such benefits, and provided with representation at
Government expense or referrals to free legal assistance so that they may
exercise the rights extended to them by Congress rather than being deported in
derogation of such rights.
2.ACHIEVING MAXIMUM COMPLIANCE WITH AND FAITHFUL ENFORCEMENT OF IMMIGRATION
LAWS BY REINSTATING THE JURISDICTION OF THE FEDERAL COURTS TO REVIEW AGENCY
DECISIONS INVOLVING IMMIGRANTS
Legislation over the past ten years has severely limited judicial review of
immigration cases. The judicial system must be available to provide an
effective and meaningful check on the actions of federal agencies implementing
the nation’s immigration laws. Without the opportunity for judicial review of
decisions in individual case and policies and procedures, federal agencies
implementing the INA may deport immigrants and deny visas in violation of the
laws enacted by Congress, and without accountability implement broad policies
that are inconsistent with laws enacted by Congress.
A. Repeal jurisdiction-stripping provisions enacted in the Anti-Terrorism and
Effective Death Penalty Act of 1996
Provisions in the Anti-Terrorism and Effective Death Penalty Act of 1996
(AEDPA) in which Congress stripped judicial review from non-citizens with final
orders of removal by reasons of having committed certain criminal offenses
should be repealed so that the federal courts may address the correctness of
agency decisions in such cases.
B. Repeal jurisdiction-stripping provisions enacted in the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996
Provisions of the Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (IIRAIRA) and subsequent laws which stripped the federal courts of
jurisdiction to review discretionary decisions in cases involving cancellation
of removal, certain waivers of inadmissibility, voluntary departure, or adjustment
of status as well as removal orders based on certain criminal offenses, and
restricted the federal court’s ability to hear class action challenges brought
on behalf of groups of similarly situated immigrants injured by the same policy
or practice, should be repealed so that federal courts may quickly and
efficiently remedy abuses of discretion and erroneous interpretations of
federal laws.
C.Repeal jurisdiction-stripping provisions enacted in the 2005 Real ID Act
Provisions of the 2005 Real ID Act that seek to eliminate habeas corpus review
over orders of removal must be repealed so that federal courts have the
opportunity to block unlawful deportations.
3.ACHIEVING MAXIMUM PROTECTION OF THE LABOR RIGHTS AND WORKING CONDITIONS OF
U.S. AND IMMIGRANT WORKERS
In order to fully protect U.S. workers, reduce to the maximum extent possible
the unlawful exploitation of immigrant workers, and the incentive of some
employers to hire undocumented workers rather than US workers, all workers,
including undocumented immigrants, must have full and complete access to
protective labor, health and safety laws. This is the most rational and
possibly the only realistic approach to protect the interests of US workers
while at the same time protecting immigrant workers from exploitation in the
labor market.
A. Repeal Employer Sanctions Laws
Current employer sanctions laws have undermined labor rights, caused racial and
national origin discrimination, and have been largely ineffective in reducing
the employment of undocumented workers as employers simply pass on the costs of
sanctions to immigrant workers and consumers. Employer sanctions should be
repealed. To best protect the rights and working conditions of US workers, the
focus of workplace enforcement should be on requiring employers to maintain
legal standards in wages, working conditions, and the Uni*nizing rights of
workers.
B. Bring Antidiscrimination Protections in the Immigration and Nationality Act
into Line with Those in Other Civil Rights Laws In the event that employer
sanctions are not repealed, the anti-discrimination protections in section 274B
of the Immigration and Nationality Act (INA), which were added by the
Immigration Reform and Control Act of 1986, were enacted to address
discrimination that was expected to result— and, in fact, has resulted — from
the implementation of employer sanctions. While the INA’s antidiscrimination
protections have been critical in protecting thousands of workers from
discrimination, tens of thousands more workers are excluded from its
protections and remedies because of the law’s limitations. The following
provisions would bring INA section 274B into line with other civil rights laws
— such as Title VII of the Civil Rights Act — that prohibit discrimination
based upon race, color, national origin, religion, and gender.
1. Amend section 274B(a)(1) to prohibit discrimination in the terms and
conditions of employment so that it covers unlawful conduct during the
employment relationship.
2. Amend the definition of “protected individual” in section 274B(a)(3) to
allow all workers to file a citizenship or national origin discrimination
claim, and remove the requirement that lawful permanent residents (LPRs) must
prove they intend to become citizens to be protected from discrimination so
that long-term LPRs are covered.
3. Amend section 274B(d) to extend the time that the Office of Special Counsel
for Immigration- Related Unfair Employment Practices (OSC) has in which to file
a complaint with an administrative law judge based on an independent
investigation from 180 days after the unfair immigration-related labor practice
to 2 years.
4. Amend section 274B(g)(2)(B) so that back pay is available as a remedy for an
unfair immigration- related employment practice and to give administrative law
judges the discreti
on to award any other remedies, such as punitive damages,
they believe are appropriate based on the
facts of the case.
5.
MoPress 