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Secure and Safe Detention and Asylum Act Print E-mail
Monday, 04 June 2007

Protect the Rights of Asylum Seekers and Refugees

The Secure and Safe Detention and Asylum Act, championed by Senator Joseph Lieberman (I-CT), is a package of due process protections for asylum seekers and detained immigrants, including expanded access to legal counsel and improved treatment for those held in custody.

In February 2005, the U.S. Commission on International Religious Freedom released a congressionally mandated study on the impacat of expedited removal policies on asylum seekers. The commission found that government officials routinely fail to offer protections provided under the law. It also found that rates of asylum grants ranged widely depending upon whether the asylum seeker was represented by counsel. Finally, the commission denounced the frequent detention of asylum seekers.

In response to the commission’s report and its follow-up, a 2007 “score card” showing little improvement, members of Congress drafted the Secure and Safe Detention and Asylum Act. 

The Senate adopted the Secure and Safe Detention and Asylum Act as an amendment to the Senate immigration bill (S.1348) on June 7, 2007.  An even stronger version of the act is included in the bipartisan House immigration bill, the STRIVE Act (H.R.1645), introduced in March 2007.

The Secure and Safe Detention and Asylum Act makes a number of positive changes to the immigration detention system including:
  • Expansion of federally funded legal orientation programs (LOPs) for detained immigrants to ensure that immigrants understand their rights and the availability of relief, if any.  Now available in only a small number of locations, under the act the LOPs would be offered nationwide.
  • Implementation and enforcement of the Immigration and Customs Enforcement Detention Standards, including promulgation of standards on fair and humane treatment; access to legal counsel; location of detention facilities near sources of free or low-cost legal services; and improved provision of medical care.
  • Increased use of detention alternatives, such as the successful pilot Intensive Supervision Appearance Program, or programs run by faith-based or other non-governmental groups.

Secure and Safe Detention and Asylum Act (June 2007, as passed during Senate debate on comprehensive immigration reform)

 
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