Each week, ADC receives numerous inquiries about how and when comprehensive immigration reform will be passed. The Obama administration has indicated that the president will publicly address the issue in May, with hopes of having reform a reality before 2010. ADC has been addressing the issue of reform with Congressional members and staffers for a number of years. The president is expected to convene working groups this summer to discuss possible legislation this fall. ADC looks forward to continue working with Congress and the administration in ensuring that a comprehensive immigration package is a reality.
Within the Arab American community, there seems to be a number of rumors that are circulating. These rumors must be clarified and in most cases are untrue. One of the common rumors ADC has been forced to debunk a number of times is that individuals in deportation proceedings will be given a green card in a short period of time. This is not true. If an individual is in deportation proceedings he or she must appear at all hearings, adhere to all timelines, and should consult with an attorney.
Attorneys must also do their part in ensuring that clients are not listening to, or acting upon, any such rumors. At the moment nothing has changed in the arena of immigration law and policy. Attorneys should not promise clients, or give clients false hope, based on the grounds that immigration reform is imminent. A number of attorneys seem to be using reform as a selling point. The strategy is to buy as much time during a hearing in hopes of reform being passed. This strategy will not work. Further, if immigration reform is passed there is strong opposition in the Senate on the issue of immunity to individuals in proceedings.
During the many visits to the Hill, ADC has provided members of Congress and their staff with a detailed list of what must be included in any reform package. Any reform package passed by the government must work for all communities and families. First, the package must address the issue of undocumented immigrants living in the United States, which some estimates place at over 12 million. A system which creates a rigorous registration process that leads to lawful permanent resident status and citizenship must be implemented. Second, the package must fix the immigration enforcement system. Enforcement focus must be on criminals, including employers who are exploiting vulnerable workers, human smugglers, drug dealers, and foreign nationals who have committed serious crimes. Focus on serious criminals will help protect the nation and its borders. On a related note, enforcement raids on worksites and homes must stop. The current raids and strategy used by ICE has proved to be ineffective, as these practices cause fear in immigrant communities.
A reform package must also restore America’s commitment to promoting family unity. Currently hundreds of thousands of immigrants are separated from their families because of backlogs that are a result of a broken immigration system. Some individuals have to wait years before they are united with their spouses and families. Moreover, the package must not allow for the separation of families within the U.S. Often a parent is taken away from his or her spouse and children and sent back to a foreign nation. This places families in a tough position and leads to a broken home. Reform must ensure that families are not separated. Further, it would be beneficial for the federal government to assist programs that teach immigrants English and basic civics. Currently funding for such programs and classes is declining, which in the view of many undermines the important goal of immigrant integration.
Finally, any reform package must include the end of NSEERS, the National Security Entry Exit Registration System. Since its implementation in 2002, this discriminatory program forced tens of thousands of Muslim and Arab Americans to register with local immigration offices. However ADC’s work has uncovered numerous problems with the program including a lack of transparency and sharing of information between agencies, and more importantly the program has left many in deportation proceedings for merely not registering, often due to confusion on the requirements. The program forced men age 16 and above from 25 countries, 24 of which were Arab or Muslim nations, to register. The explicit targeting of the Arab and Muslim communities is un-American and has proven to be counterproductive. Using immigration law as a counterterrorism tool with racial profiling tactics has failed in the past and continues to fail. Despite repeated assurances from the Department of Homeland Security that such policies are no longer used, the Arab and Muslim communities continue to be singled out. The most recent example is Operation Frontline which targeted Arabs and Muslims during the 2004 Presidential elections. Any reform package must include an overhaul of such policies, and further ensure that no such blatantly discriminatory polices can be implemented in the future.
Those wanting immigration reform can start making their voices heard. A lot of work needs to be done to ensure immigration reform is passed. Individuals can call their members of Congress, on both the House and Senate side. Ongoing visits to district offices are also important, and looked at in great value by members. ADC has a number of talking points pertaining to immigration and those can be found by visiting www.adc.org, or calling the ADC National Office at 202.244.2990.
Abed Ayoub, Esq. is a Legal Advisor for the American-Arab Anti-Discrimination Committee, based in Washington, D.C. He can be reached at aayoub@adc.org
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