Name of Report: Justice Detained
Organizational Affiliation: Asian & Pacific Islander Youth Promoting Advocacy and Leadership (AYPAL)
Authors: Jay Conui, Iy-huong nguyen, Muey Chiem Saephan, Dae-Han Song, and Jen Soriano.
Contact Info:Leilani Ly-Huong Nguyen
Date: March 2004
Pages: 19
Content Summary
The Illegal Immigration and Reform and Immigrant Responsibility Act (IIRIRA) was enacted in 1996 by Congress. Essentially, this act made it much easier to deport immigrants, including those who had achieved the status of legal permanent residents. This report was produced out of a campaign that resulted from the desire of many members of the Asian and Pacific immigrant community in Oakland , California to comprehend the causes and impacts of deportation. Moreover, the campaign seeks to find solutions to the deportation problem in the U.S.
In order to successfully put together this study, the authors utilized statistics from the Office of Immigration Statistics, testimony to the U.S Senate Subcommittee on Commerce, Justice, State and the Judiciary, and literature compiled by the International Migration Policy Program. An academic study of prison population growth was also looked at and incorporated into this report. The report is also organized in a very succinct fashion. It begins by offering the major findings and recommendations. Then, the implications of the IIRIRA are detailed and outlined. The remainder of the report focuses more in depth on the findings. Many personal narratives are incorporated into the findings, which essentially personalize much of the data included. The document terminates by re-emphasizing the recommendations put forth. The report also includes three appendices: an immigration law timeline, a glossary of deportation terms, and more information about AYPAL.
Major Findings
Every year hundred of thousands of people are deported to countries all over the world. In particular, after the passage of the IIRIRA, there was a dramatic increase in deportation levels. A majority of the deportations are caused as a result of non-violent crimes; most commonly drug offenses. While it is public opinion that immigrants largely contribute to high crime rates, it appears that immigrants are less likely to commit crimes than native-born citizens. On the same note, native-born citizens are more likely to be repeat offenders than immigrants. The countries that immigrants are being deported to include countries that the US State Department deems too dangerous to travel to.
In 2002, the countries with the most criminal deportations were all countries where American minority groups dominate. These countries include Mexico , the Dominican Republic , El Salvador , Jamaica , and Columbia . Countries with large deportation numbers that also currently have travel warnings placed on them include Columbia , Pakistan , Haiti , and Nigeria .
The report concludes with recommendations that include: 1) congress repeal or reform IIRIRA so that immigrants won't be deported for minor crimes; 2) those deported should be allowed to apply for a waiver for re-entry; 3) all immigrants facing deportation should be entitled to due process and a hearing by an immigration judge; 4) proper treatment of all detainees; and constant status reports of detainees sent to family members.
Unaddressed Issues or Concerns
This report does a good job of outlining the effects and impact of deportation on both individuals and families. While the report discusses many of the devastating results of deportation, there is still a lot left unsaid. The events of September 11, 2001 and the implementation of the Patriots Act both significantly contribute to the role that deportation plays in the everyday lives of millions of people in America . One important issue that the article attempts to address is the need for better evaluations in terms of deciding who gets deported. Often, many individuals are not given a chance to fully defend themselves before quickly being deported. Moreover as Clinical Law Professor Nancy Morawetz points out, it is important to consider the effect that the new Immigration laws has on individuals who had committed crimes previously to when the laws had been enacted (Morawetz 1937). They are often placed an unjust position.
Reference List
Morawetz, Nancy. "Understanding the Impact of the 1996 Deportation Laws and the Limited Scope of Proposed Reforms" Harvard Law Review 113.8 (2000): 1936- 1962
How to Access Report
http://www.datacenter.org/programs/justicedetained.pdf