Immigration Reform Needed to Limit Overzealous Government Agencies
Over the past two presidential administrations, little has been accomplished in terms of true immigration reform. It has yet to be seen how the Obama administration will put its stamp on federal immigration policy.


April 22, 2009 /24-7PressRelease/ -- Immigration Reform Needed to Limit Overzealous Government Agencies

Article provided by Ronzio & Associates Visit us at www.ronziolaw.com

Over the past two presidential administrations, little has been accomplished in terms of true immigration reform. Rather, the Clinton and the Bush administrations focused their efforts on making deportation easier and increasing the penalties. For example, under current law:

* The offenses punishable by deportation have been increased to the point where a misdemeanor can be grounds for removal of a legal permanent resident.

* The penalties for re-entering the country illegally have been increased, with offenders now banned from returning to the country for 10 years after removal. Those caught illegally re-entering are subject to criminal prosecution and may be sentenced to 20 years in prison.

* Immigration judges have lost much of their ability to offer discretionary relief in deportation cases, particularly on the grounds of family connections.

* It has become more difficult for refugees successfully to claim asylum status, and many potential asylees find themselves awaiting deportation in detention centers across the country

Enforcement of immigration laws also has increased. After the terrorist attacks of September 11, 2001, government agencies were given broader powers to locate and deport anyone suspected of terrorist activity. In 2003, the Department of Homeland Security (DHS) was created as an umbrella federal agency in charge of keeping the country safe from foreign attack. The former Immigration and Naturalization Services (INS) was absorbed by the DHS and made into two new agencies: the US Citizenship and Immigration Services (USCIS) and the US Immigration and Customs Enforcement (ICE). The USCIS handles visa, asylum and other immigrant petitions, whereas ICE is responsible for securing the country's borders and enforcing immigration laws. In 2007, ICE operations led to the removal of over 276,000 illegal aliens from the country.

Oversight over the federal agencies in charge of enforcing immigration laws, however, has not increased. In the past few years, ICE and other federal agencies largely have been left to their own devices in determining the scope of their legal authority to carry out their missions. In particular, the actions of ICE agents in Operation Return to Sender have left many believing the agency has overstepped its bounds.

Operation Return to Sender

Operation Return to Sender is an ICE initiative to round up aliens working in the country illegally and/or in violation of deportation orders issued by immigration judges. As part of this operation, ICE agents perform raids on businesses and arrest any workers who do not have proper work documentation. These individuals are then held at detention facilities until their deportation hearings are held. In 2008, ICE agents ran a raid in Los Angeles, San Diego and San Francisco over a three day period that netted over 1,150 illegal workers.

While ICE proudly lists the accomplishments of Operation Return to Sender on its Web site, not everyone is applauding the agencies' results.

* Los Angeles Mayor Antonio Villaraigosa criticized the agency's work raids in April 2008, stating that ICE should focus on gang-related crimes and employers violated federal labor and employment laws rather than legitimate, "non-exploitive" businesses.

* There have been charges that legal residents and US citizens have been netted in these operations and detained in violation of their rights. ICE even has admitted that US citizens and legal residents have been mistakenly removed from the country.

* There have been concerns that ICE agents are not following search and seizure laws and that some of these raids have been carried out without the requisite probable cause. There also have been allegations of racial profiling in the raids.

* In May 2008, ICE was investigated by Congress after media reports about the inhumane treatment and living conditions aliens were subjected to while held at ICE detention facilities. These complaints included overcrowding and negligent medical care.

Under current law, those facing deportation are not entitled to appointed counsel. Only those facing criminal charges are entitled to appointed counsel -- deportation hearings have been viewed as analogous to civil proceedings. This means that those who are facing deportation must be able to hire their own attorney at their own expense. One of every 10 people in removal proceedings do not have legal representation. Given the severity of the consequences of deportation, the effect it has on families and the ever-increasing scope of power of federal agencies, it is more important now than ever before that immigration laws are changed.

It has yet to be seen how the Obama administration will put its stamp on federal immigration policy. Our hope is that the President will sign legislation -- or at least put forth an administrative policy -- that recognizes the commitment many applicants have to their community and the positive effects of their residence in the US.

Further Related Resources:


Press Release Contact Information:

PR Dept
Voice: 866-441-1458
Website: Visit Our Website