Heartland Alliance's National Immigrant Justice Center urges members of Congress to co-sponsor The Protect Citizens and Residents from Unlawful Raids and Detention Act, S.3594, and make its passage a priority in 2009.

The bill, introduced by Senators Robert Menendez (D-NJ) and Edward Kennedy (D-MA) on September 25, 2008, would ensure that any person targeted by the federal government in an immigration enforcement action is afforded their full rights under U.S. law and the Constitution. First, the bill ensures that U.S. citizens will not be swept up in immigration raids, as has occurred in some recent actions. Second, it requires that noncitizens who are arrested in such raids be notified of the charges against them and advised of their right to seek the advice of counsel. 

The Menendez-Kennedy bill also addresses the harsh and sometimes dangerous conditions in immigrant detention facilities. More than 80 detainees have died in the custody of U.S. Immigration and Customs Enforcement (ICE) since 2003. Congressional hearings, extensive media coverage, and oversight by non-governmental organizations have prompted ICE to take some steps to improve the basic level of health care required by its own detention standards, but much more must be done. ICE's detention standards are not currently codified in law and are difficult to enforce. S.3594 requires ICE to consult with an independent advisory committee to codify regulations governing the treatment of detainees.

The Menendez-Kennedy bill also calls for ICE to create rules that would allow asylum seekers and other vulnerable individuals to be released from detention. This provision would include protections for sole care providers to children, pregnant women and nursing mothers, and individuals with health conditions that compel release. The bill also calls for wider use of cost-effective alternatives to immigrant detention for the many non-citizens who pose no threat to our communities and are not considered flight risks.

Finally, the Menendez-Kennedy bill provides much-needed transparency and accountability for ICE. The bill calls for the creation of an ombudsman to investigate complaints against ICE and requires reporting on the agency's practices and impact on U.S. citizens, lawful permanent residents, and immigrant communities. 

The National Immigrant Justice Center does not expect S.3594 to progress in the Senate in 2008, as Congress focuses on economic issues and spending bills. However, the Menendez-Kennedy bill lays down a strong marker for the new Congress and the next U.S. president to take up in 2009.

The National Immigrant Justice Center will continue its efforts to build support for the bill and calls on Congress and the next president to make fair and humane reform of the immigrant detention system a priority in the next year.