Disappointment with Senate’s Failure to Protect Due Process

From Anoop Prasad of the Asian Law Caucus

Disappointingly, the Senate Judiciary Committee voted this week to further strip permanent residents with convictions of due process.  In 1996, Congress passed harsh laws stripping long term permanent residents of the right to a day in court before they were deported due to a criminal conviction.  Prior to the law, they would have a chance for a judge to balance the conviction against evidence of rehabilitation, close family ties including minor children, and other positive factors.  While Congress calls these crimes “aggravated felonies”, it includes misdemeanors and minor offenses for which the person served no time in jail. 

Earlier this week, the committee voted to make multiple driving under the influence convictions an aggravated felony.  Over the past decade and half, communities have felt the harsh consequences with record numbers of families torn apart.  In voting to preserve an immigrant’s right to day in court, Senator Patrick Leahy of Vermont stated that he was “for enforcement but also for judicial discretion.” 

Kamel Mouath* is one immigrant who would have been torn apart from his U.S. citizen spouse and young daughter without a hearing under the Senate’s bill.  Kamel was repeatedly arrested, beaten, and sexually assaulted by police in his home country.  He developed depression and Post-Traumatic Stress Disorder leading him to self medicate with alcohol.  He was convicted several times of driving under the influence.  Eventually, he was able to get treatment and became sober.  Under the Senate’s proposal a judge could not consider his family, rehabilitation, or mental health.

“Immigration reform that fails to address the hundreds of thousands of families torn apart by detention and deportation each year is not comprehensive.” said Alison Pennington, Staff Attorney for Immigrant Rights at the Asian Law Caucus.  The committee’s vote violates core American values of fairness and justice.  We call on Congress to fix our broken immigration system and restore a day in court for all immigrants.

*Name and identifying details have been changed to protect confidentiality.

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