In May 2007, the United Nations Special Rapporteur on the Human Rights of Migrants toured the United States on a fact-finding mission to investigate the conditions of immigrants and migrants living in the United States. The visit included tours of detention facilities in Arizona, Texas, and New Jersey.

In preparation for the visit, a detention and deportation working group composed of non-governmental organizations and legal aid agencies from throughout the country submitted briefing papers highlighting human rights and due process violations they have encountered at federal detention facilities and county jails where immigrant detainees are held.

The papers offer recommendations for vital detention reforms necessary to restore justice and humanity to the U.S. immigration system.

Opponents of fair and humane immigration reform stymied the Senate's efforts to pass comprehensive immigration reform in June 2007, blocking an effort to wrap up debate on the bill and bring it to a final vote.

The Senate bill was deeply flawed, but represented the best opportunity for years to enact reform. The National Immigrant Justice Center expressed reservations when the legislation was first unveiled by the so-called "Grand Bargainers," a bipartisan group of Senators working with the support of the White House to craft a compromise package. The bill did not uphold basic fairness and due process under law, nor did it honor the American tradition of keeping families together. Nevertheless, some positive amendments and other legislation should be revived as stand-alone bills. These measures include:

Secure and Safe Detention and Asylum Act

DREAM Act

Citizenship Promotion Act

Unaccompanied Alien Child Protection Act

Other proposed immigration legislation:

Secure America with Immigration and Enforcement (SAVE Act) - H.R. 4088 (November 2007)

More on the 2007 fight for immigration reform:

Immigration Reform: Failures and Prospects, by NIJC Director of Policy Tara Magner in the September 2007 MIT Center for International Studies Audit of Conventional Wisdom

Immigration Enforcement and Border Security Act of 2007 (Introduced by Senator Kyl in September 2007)

Immigrant Children Must Have Access to Court-Appointed Counsel

The U.S. government does not guarantee appointed legal counsel for non-citizens in immigration proceedings. Many unaccompanied immigrant children arrive in the United States with complex legal cases, such as described above.  Even those who come for economic reasons may have been sent by their families to travel across the border with a smuggler.  These children should be represented in immigration court by lawyers, not left to navigate the immigration system on their own.  While legal aid organizations and pro bono attorneys strive to fill the gap, these volunteer efforts are typically unable to meet the present demand.  U.S. federal law should guarantee appointed counsel for unaccompanied immigrant children in proceedings. Additionally, the U.S. Office of Refugee Resettlement should expand its limited pilot project that offers legal orientation programs to help unaccompanied immigrant children understand the basics of the law.  The guardian ad litem program should be adopted permanently Because children are treated as adults under immigration law, the U.S. government should make special efforts to secure due process in their cases.  Assigning a trained guardian ad litem, or child's advocate, as needed, has proven to be an effective way to ensure that the best interests of unaccompanied immigrant children are considered.  

Detained Immigrant Children Should Be Held Only in Facilities Near Legal and Social Service Providers

Immigrant and refugee children often suffer from physical and mental conditions resulting from the violence they left behind and the dangerous journeys they traveled to reach safety.  Many arrive in the United States with pressing medical and mental health needs.  Access to doctors, therapists, and other social service providers is critical for these children.  Such treatment can also provide valuable analysis for their legal cases. Unfortunately, some of the facilities and juvenile detention centers that hold unaccompanied immigrant children are located hundreds of miles from cities and towns where pro bono legal representation and medical and social services are available.  Prolonged detention and isolation from these services can lead children to abandon relief and return to their home countries, even if they face persecution or threats of violence. 

Protect Bone Fide Refugees and Asylum Seekers

An overly broad definition of material support to terrorism has blocked the admission to the U.S. of thousands of bona fide refugees. Current law also renders inadmissible refugees who provided material support under coercion or duress. Two legislative proposals have been offered to fix this troubling problem: the Leahy-Coleman Amendment SA4117 to the 2006 Senate immigration reform bill (S. 2611), or the bill offered by Rep. Pitts, H.R.5918, also offered in 2006. The Leahy-Coleman approach is more comprehensive, but either proposal would bring relief to thousands of deserving refugees.

NIJC Statement on the Material Support Bar to the U.S. Senate Judiciary Committee (September 19, 2007)

Statement from Sen. Patrick Leahy on “The Plight of Iraqi Refugees” (January 2007)

Statement by Homeland Security Secretary Michael Chertoff on the Intention to Use Discretionary Authority for Material Support to Terrorism (January 2007)