Menendez-kennedy 'unlawful Raids And Detention Act' One-pager

  • October 2019
  • PDF

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Support the Menendez/Kennedy Due Process Legislation: The Protect Citizens and Residents from Unlawful Raids and Detention Act (S. 3594) In recent months, Immigration and Customs Enforcement (ICE) has dramatically stepped up interior enforcement in the U.S. Immigrant communities face the threat of raids, deportation and detention with little chance of relief. Inadequate due process protections in our current law and a failure by the federal government to guarantee protections have led to the following crisis: • U.S. citizens, the mentally ill, children and other vulnerable individuals have been mistakenly detained. • ICE officials have entered private homes in residential raids without a warrant and questioned individuals about their immigration status. • Mothers responsible for caring for their small children have been detained and transferred to detention facilities thousands of miles away from their families and attorneys. • Workers have suffered immigration raids because they exercised their rights in the workplace. The Menendez-Kennedy bill (S. 3594) would restore basic due process protections to our immigration enforcement system. The bill includes the following: Protection for U.S. citizens, lawful residents and immigrants during immigration raids: S. 3594 would ensure detainees are advised of the right to remain silent, notice of the charges against them and the right to access to counsel. DHS would be required to provide a toll-free number to allow family members to locate their family members who are impacted by raids. The bill includes protection for children involved in raids, provisions regarding access to interpreters, and training for DHS officers on due process protections. It would also require DHS to work with state and local agencies in screening people subject to raids. Protection for workers during immigration raids: S. 3594 requires ICE to report any labor violations that are discovered during a raid to the appropriate government labor or employment rights agency and ensures that detained workers are not removed from the country until after that agency has had the opportunity to determine whether legal proceedings against the violating employer are appropriate. Requires DHS to treat immigration detainees humanely: This bill requires DHS to adopt new regulations to ensure that DHS detainees are treated humanely. These regulations must be based upon the recommendation of a detention advisory committee comprised of agency and outside experts. Creates new alternatives to detention and new parole opportunities for vulnerable populations in detention: This legislation requires DHS to contract with available non-governmental entities to operate alternatives to detention programs. The Menendez-Kennedy bill protects vulnerable individuals encountered during immigration raids by ensuring they will be considered for release from detention. Requires DHS Accountability: The bill requires reporting on current enforcement practices and the harmful impact on U.S. citizens, lawful permanent residents and immigrant communities. S. 3594 also creates an ICE Ombudsman to investigate detention centers, assist constituents in resolving complaints and recommend personnel action to DHS. Call the Capitol at 202-224-3121, ask to speak with your Senators and ask them to cosponsor S. 3584! For more info: Contact Jumana Musa at [email protected] or Kerri Sherlock Talbot at [email protected]

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