By Melanie Slone
The American Immigration Council has released a paper with proposed reforms to immigration enforcement to “restore credibility and humanity to immigration law.”
The Council notes that most Americans believe the current immigration agenda is going too far, and support for mass deportation has fallen dramatically. At the same time, most Americans want an immigration system that enforces fair rules and keeps communities safe.
There can be enforcement of the immigration laws in a way that protects communities, protects law enforcement, and allows state and local law enforcement to continue their mission of going after sex trafficking and drug trafficking and the real threats that affect our communities, states the Council’s paper.
Four Pillars to Improve Immigration Issues through Legal Responses
Because the immigration system is based on laws, the American Immigration Council offers four pillars with legal bases to improve it, responding both to immigrants’ and US citizens’ concerns.
These pillars are intended to improve immigration enforcement in the United States and restore trust in communities through a “credible and humane system.”
Pillar 1: Compliance
The government should make rules that people can follow rather than setting traps. These rules should include a more accelerated pathway for people to become citizens—especially those who have been in the country for 10–20 years, are longtime residents of their communities, and are not safety threats.
Moreover, the agency running Immigration & Customs Enforcement (ICE) should not have the power to remove immigrants. Removal proceedings should go through the court system so that people are not scared and are more willing to follow the laws. The current administration is constantly shifting priorities in immigration law and changing roles and responsibilities within ICE, notes the paper.
Pillar 2: Safety
Law enforcement should protect communities from threats, not treat entire communities as a threat. Any approach that does not prioritize safety will fail and will not garner public support, says the paper. Credible safety threats should be handled without making entire populations into targets for deportation. The current ICE tactics are straining partnerships among authorities, reducing the public’s trust in local police, and making everyone less safe.
Pillar 3: Proportionality
Consequences for violating immigration law should be reasonable, tailored, and humane. The system should not treat every violation the same, with no regard for individual circumstances. People should not be treated like hardened criminals for violating a civil offense (immigration laws). Immigration judges should have the authority to impose fines or community service, rather than be forced to turn to deportation as the only option for each case.
Data consistently show that immigrants commit less crime than native born citizens on average. The US public supports the deportation of people with serious violent offenses, but not a lack of humanity for all immigrant populations who may have violated the civil immigration code, a nonviolent offense.
Pillar 4: Accountability
Agents and agencies that abuse their power should be held accountable in a court of law. The public is currently unable to bring a lawsuit against a federal law enforcement officer, including ICE, which leaves victims without their 7th amendment right. ICE abuses reported in Minnesota and Los Angeles show that better legal recourse is needed when ICE agents abuse their power.
Enforcement should not mean fear, and “you can’t build safe neighborhoods if entire communities are scared to call 911,” say representatives from the Council.
In May, a new legislative package was passed granting $70 billion more to ICE and US Border Patrol, with no new oversight provisions.
Comprehensive Immigration Reform
“We can’t just oppose the immigration system,” say the members of the council. “We also have to provide solutions, and that means ensuring that we push Congress and the President to pass real, comprehensive immigration reform.”
