T5 B72 Civil Liberties Fdr- Table- Team 5 Recommendations 625

Civil Liberties Recommendations Arising out of Immigration Related Law Enforcement Post 9/11

TEAMS

Migration Policy Institute

Issues

Team 5 Lawyers Committee for Human Ctr for Am. Progress, Ctr.for Natl Preliminary Sec.Studies, Ctr for Dem.& Tech. Judgments Rights

Case by case, based on a hearing n/c

Closure of immigration hearing Immigration detainee right to counsel Immigration detainee hearing use of classified evidence

Rt to counsel

n/c

Specialized showing of need

1

n/c

2

Case by case basis

Pre-charge detentions beyond 48 hours prohibited without hearing before immigration judge

Hearing: extraordinary circumstances

Release on bond of detainees Post 9-1 1 automatic stay rule: immigration authorities can stay immigration judge's decision to order noncitizen's release if bond has been set at $10kor higher Asylum seekers eligibility for release upon arrival

Release unless clear flight risk Rescind rule. USG can appeal udge's decision balancing security, flight risk and right-torelease claims.

3

DOJ should rescind expanded custody regs that allow noncitizens to be detained for extended periods without notice of charges

Restore prior law POTUS should direct the AG to vacate decision in In re DJ and restore prior law recognizing entitlement to individualized assessments. Assessed by an immigration judge

Detention for security reasons after final removal order only if a court approves the continued detention. Detainee accorded full due process rights.

Prompt release and repatriation after a final determination of their cases. Detention policies (waivers of rt to counsel in writing in detainee's anguage; attorney and consular access to detainees; notice of transfer to family and counsel; nonabusive conditions mportant to uphold these policies

Key: 1 = Central to values of justice system 2 = implicates central values 3 = good ideas

Hearing: specific exigent circumstances

1

Bond hearing w/ individualized assessment of danger and flight risk, except those in categories specifically designated by Congress as posing a special threat.

1

Permit stays only where the USG is likely to prevail and there is a risk of irreparable harm in the absence of a stay.

2 2

3

Implement DOJ DIG requirements. Congress should require semiannual OIG report on complaints of alleged abused of civil liberties by DHS

2

9-11 Commission 5/5/2004

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Civil Liberties Recommendations Arising out of Immigration Related Law Enforcement Post 9/11

TEAMS

Issues

Migration Policy Institute

Expedited removal Refugee Resettlement Program No inherent authority to enforce. Cooperative agreements under 1996 law should contain detailed State and local law enforcement of training plans. No affirmative enforcement. federal immigration laws

NSEERS -- call-in

Registration of nonimmigrantsfuture DHS OIG Depty for Civil Rights

Voluntary interviews

Absconder enforcement

Civil immigration info into NCIC

Team 5 Lawyers Committee for Human Ctr for Am. Progress, Ctr.for Natl Preliminary Sec.Studies, Ctr for Dem.& Tech. Judgments Rights Only in "extraordinary migration situations" defined as the arrival or imminent arrival of aliens at a US border in nos. that substantially exceed capacity for inspection. 3 Revive to pre-9-1 1 levels (90k) 3

Federal govt should cease efforts to enlist local officials. Exit-entry ok but not NSEERs. Follow up reporting for all those who have already registered should be terminated.

Incentives to achieve compliance, e.g eventual regularization of status; nationality neutral - all nonimmigrations, including undocumented pop.; MPI sum 17 Establish new office Establish new office Truly voluntary next time. Dearbon Ml model; no immigration consequences. Nationality neutral criteria, or Intel indicators including nationality. Should be able to re-open orders. Should not be entered, and DOJ should abandon proposal to waive privacy standards.

For registration req'ments, penalty for non-compliance should be civil fines, not change of status. For failure to register address change w/in 10 days, penalty should be civil fines, not deportation.

3

3

3 3

3

3

mmigration court

Key: 1 = Central to values of justice system 2 = implicates central values 3 = good ideas

n/c Terminate and provide relief to immigrants whose status has changed as result of failure to comply with NSEERS req'ments

9-11 Commission 5/5/2004

Should not be entered and require AG to comply with Privacy Act.

3

Establish ct outside of DOJ control.

2

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Civil Liberties Recommendations Arising out of Immigration Related Law Enforcement Post 9/11

TEAMS

Issues Material witness statute

Key: 1 = Central to values of justice system 2 = implicates central values 3 = good ideas

Migration Policy Institute

Team 5 Lawyers Committee for Human Ctr for Am. Progress, Ctr.for Natl Preliminary Rights Sec.Studies, Ctr for Dem.& Tech. Judgments

1

Procedural protections of 5th, 6th

9-11 Commission 5/5/2004

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