Washington Update
May 2001

LIRS Spearheads Two New Advocacy Efforts
By Merrill Smith, LIRS Washington Representative

As the new federal legislative year goes into full swing, LIRS's Washington office is getting into the action with the two new major advocacy efforts described here.

Safe Passage for Economic Migrants

171-Number of people who died at the Berlin Wall in its entire history
369-Number of people who died at the U.S.-Mexico border last year.

America's southern perimeter has become one of the deadliest borders in the world. Why? Mexican and other economic migrants come here to work, to support their families back home and to build a future for them. Our economy needs them, too. For more than 150 years workers freely circulated between their homes in Mexico and jobs in the United States. Since the United States began restrictive immigration policies, however, they have been deemed "illegal immigrants." They work underground, subject to abuse, and they pay taxes for benefits they can never claim. Many would actually prefer to return to their families from time to time but are compelled to remain in the United States illegally for fear of multiple border crossings. The very policies designed to keep them out, ironically, keep them in.

Our policy is broken and must be fixed. Congress must take action and pass new immigration laws. People should have a chance at opportunity without paying with their lives. We call, therefore, for legislation that regularizes economic migration. We seek independent worker visas, not only to meet the needs of our economy, but also to provide opportunity for those who deserve it.

Is this a call for open borders? No. We acknowledge that the government has a right and a duty to safeguard national security and prevent crime. Some restrictions may be reasonable, but seeking employment should not be treated as a crime.

Does this mean granting permanent status to all who seek entry? No. Many who presently risk their lives to get here seek only to work and return to their families. Permanent status should be granted to those with significant ties to this country, but temporary visas can alleviate much of the suffering our present policies cause.

What about exploitation and discrimination? We call for visas that would give workers the freedom to work for any employer willing to hire them. We call for the abolition of employer sanctions—business people should be neither required nor allowed to act as Border Patrol agents. We also insist that our labor laws protect workers equally without regard to nationality or immigration status.

If we want immigration policies based on common sense and humanity, we must speak up and say so. View more information, including a sample letter you can personalize and send in to your representatives in Washington.

A Fair Chance for Immigration Detainees

Quick, what is the fastest growing detention system in the country? Hint: many incarcerated in it have committed no crime! That's right, it's the immigration detention system—America's own gulag of "service processing centers," county jails and private lockups. Nearly 20,000 souls are behind these bars on any given day, and the numbers are rising. Some asylum seekers spend months, even years, incarcerated without counsel while their cases drag out.

Did somebody say "expensive"? The government estimates that detention costs about $66 per inmate per day. That comes out to $482 million per year. It might be worth the price if those being detained were truly dangerous or even "flight risks," but many are not. In 1996 Congress passed legislation mandating many forms of pointless immigration detention.

It doesn't have to be this way. The Detention Watch Network (DWN) is seeking federal funding for two very modest programs that could not only enhance detainees' access to justice and humane treatment, but also save the government money.

Legal Orientation Presentations
In a recent pilot project nongovernmental organizations conducted live legal orientation presentations at three sites. The government found that the participating detainees spent on average 4.2 fewer days in detention. In some cases detainees were referred to pro bono attorneys and won their release more quickly. In other cases detainees with no valid legal claims were convinced to give up fruitless legal challenges and accept removal. A mere $2.8 million would allow private, nonprofit agencies to expand the program to as many as 10 sites, serving as many as 46,000 people a year. At current rates, that would result in about 195,000 fewer person-days in detention and net savings of $10 million.

Alternatives to Detention
Some people don't need to be in detention at all, even while their cases are still pending. Asylum seekers in particular are generally not a threat to society. With proper supervision, 90 percent show up at all their hearings before the immigration courts. This saves the government an average $4,633 per detainee because alternatives to detention cost only about $8 per day. A congressional appropriation of $7.3 million to this program would free about 2,500 needlessly incarcerated people and would save a net $11.6 million.

The choice seems clear, but nothing will happen unless you make it happen by contacting your representatives in Washington. View a list of links to more information.

 

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