224 Dirksen Senate Office Building 224 Dirksen Senate Office Building Washington, DC Washington, DC 20510

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1 May 17, 2013 The Honorable Patrick J. Leahy The Honorable Charles E. Grassley Chairman Ranking Member United States Senate United States Senate Committee on the Judiciary Committee on the Judiciary 224 Dirksen Senate Office Building 224 Dirksen Senate Office Building Washington, DC Washington, DC Dear Chairman Leahy and Ranking Member Grassley: We, the undersigned faith-based, service, human rights and humanitarian leaders and organizations value the dignity of every person and respect the rights of all people to enjoy due process, safety and freedom. Through our work to provide visitation, friendship, human care, legal assistance, and social services to detained migrants and their families navigating our complex immigration system, we bear witness to the psychological harms of immigration detention, particularly on migrants seeking asylum and survivors of torture and human trafficking. We are therefore deeply troubled by proposals to roll back the much-needed reforms of S. 744 to the United States immigration detention practices and urge your action on the following amendments: Oppose Grassley 41, striking section 3505, which would eliminate S. 744 s expansion of the Department of Justice s Legal Orientation Program (LOP) to all detained migrants and the requirement that these programs screen for individuals who need appointed counsel. With approximately 84% of detained immigrants appearing before the courts without an attorney, immigration judges are regularly presiding over cases presented by respondents who are illinformed and unprepared to make educated decisions about their cases, which adds to the already immense backlog in the immigration courts. These respondents include asylumseekers, torture survivors and long-term residents of the United States. The LOP informs participants about their legal rights and responsibilities and decreases length of detention by preparing detainees to represent themselves and make more informed decisions about whether to pursue their cases or accept removal, resulting in a more efficient and costeffective immigration adjudication system. LOP providers also screen cases to identify individuals for matching with pro bono legal services. Immigration judges and the Executive Office for Immigration Review have attested to the increased efficiencies that LOPs and counsel bring to immigration proceedings. Oppose Grassley 47, striking section 3717, which would require prompt bond hearings for all detained immigrants, ensure that immigrants are not locked up for prolonged periods without a hearing, limit detention to where no secure alternatives are available to achieve law enforcement goals, and require that immigration judges oversee a person s consent to be deported from the United States to ensure that such consent is truly voluntary and informed. This section improves protections against arbitrary detention, which carries a high financial and human cost, and brings immigration detention determinations into greater conformity with due process protections of the criminal justice system. Oppose Grassley 51, striking section 3715, which would eliminate requirements that the Department of Homeland Security expand secure alternatives to detention (ATDs), require

2 individualized assessments over custodial determinations, mandate a monthly review of an individual s level of supervision, and clarify that ATDs may constitute custody. ATDs have time-and-again been found to accomplish law enforcement goals, promote efficiency and be cost-effective, and should be available nationwide as proposed in S Moreover, a robust system of ATDs would also better protect against the arbitrary detention of migrants and asylum-seekers. Oppose Grassley 53, which would perpetuate the indefinite detention or potentially lifelong detention of immigrants who cannot be deported, limit alternatives to detention, reverse court decisions that require bond hearings for prolonged detention, and decrease the authority of immigration judges over bond hearings or to order someone to be enrolled in alternatives to detention programs. This amendment violates our fundamental commitments to due process and human rights. As the Supreme Court recognized in Zadvydas v. Davis, indefinite detention raises serious constitutional problems. Moreover, all individuals held in detention should receive individualized assessments to ensure that their detention is necessary, reasonable and proportionate. Prolonged and indefinite detention can retraumatize vulnerable migrants and would also result in significant costs to U.S. taxpayers and the federal government. Oppose Sessions 12, which would raise bond minimums to $5,000 for non-mexicans and non-canadians, including arriving asylum seekers, who are apprehended 100 miles of the border or who are considered to be a flight risk. Mandatory bond amounts, as provided in this amendment, neither make our communities safer nor are they the most effective tool to ensure court appearances. Research has shown that validated risk assessment tools are more effective in mitigating flight risk and danger to the community. Furthermore, bonds can exact heavy tolls on local communities when caretakers and breadwinners are unnecessarily detained and families and communities must raise the money to meet bond amounts. Finally, bond determinations should be based on individual assessments of risk of flight or to public safety rather than one s country of origin. Support Coons 6, which would improve accountability and transparency by requiring interoperable databases between ICE, EOIR, CBP and USCIS. This would also require additional reports to Congress on detainee data and removal proceedings. Support Blumenthal 2, which defines solitary confinement, prohibits the use of solitary in immigration detention for minors under the age of 18, and limits the abusive use of segregation in immigration detention to brief periods under the least restrictive means possible. Given the swift and heavy human toll that solitary confinement carries, it should only be used under the most exceptional of circumstances. We urge you to oppose amendments that would stop needed reforms to improve the lives of migrants impacted by a broken detention system and support amendments that would build upon these reforms. Sincerely, National Organizations and Leaders Alliance of Baptists n Civil Liberties Union ns for Immigrant Justice, formerly Florida Immigrant Advocacy Center Amnesty International USA

3 Asian n Justice Center Asylum Access Center for Victims of Torture Columban Center for Advocacy and Outreach Conference of Major Superiors of Men Detention Watch Network Dominican Sisters: Grand Rapids Franciscan Action Network Franciscan Friars Friends Committee on National Legislation Br. Michael Gosch, CSV, Assistant Provincial of the Clerics of St. Viator (Viatorians) Mary Ellen Gondeck, Congregation of St. Joseph Human Rights First Immigration Equality Jesuit Refugee Service/USA Justice Strategies Leadership Conference of Women Religious Lutheran Immigration and Refugee Service Craig Robert Miller, Minister General, Order of Ecumenical Franciscans Sr. Frances Murray, OSF, Chair of the Advocacy for Justice and Peace Committee of the Sisters of St. Francis National Center for Transgender Equality National Council of Jewish Women National Immigrant Justice Center National Immigration Forum National Immigration Project of the NLG NETWORK, A National Catholic Social Justice Lobby Sinsinawa Dominicans Sisters of Charity of Leavenworth Sisters of Mercy of the s Sisters of St. Francis of Philadelphia The United Church of Christ Unitarian Universalist Service Committee U.S. Jesuit Conference Peter Vander Muelen, Coordinator, Office of Social Justice, Christian Reformed Church in North The Rev. Franklin Eric Wester, Chaplain (Colonel, Retired), US Army Women's Refugee Commission World Relief State and Local Organizations and Leaders Alabama Rev. Julian Gordy, Bishop of the Southeastern Synod of the Evangelical Lutheran Church in Arizona

4 Patricia Sills-Trausch, Director of the Faith in Action Ministries, the Franciscan Renewal Center Arkansas Arkansas Interfaith Alliance El Zócalo Immigrant Resource Center, Little Rock Alabama Arizona Restoration Project at Casa Mariposa Rev. Dr. Larry Stoterau, President of the Pacific Southwest District of the Lutheran Church Missouri Synod California Christine Ho, Professor, Fielding Graduate University Lawyers Committee for Civil Rights of the San Francisco Bay Area Religious of the Sacred Heart of Mary, Western n Province Rev. Dr. Larry Stoterau, President of the Pacific Southwest District of the Lutheran Church Missouri Synod Unitarian Universalist Legislative Ministry, Sacramento Colorado Congregation B nai Chaim, Morrison Sarah Jackson, Executive Director, Casa de Paz Sisters of St. Francis JPICC, Colorado Springs Connecticut CT Students for a DREAM District of Columbia Rev. Dick Graham, Bishop of the Metro DC Synod of the Evangelical Lutheran Church in Georgia Rachel Castillo, Director of Operations, Lutheran Services of Georgia Rev. Julian Gordy, Bishop of the Southeastern Synod of the Evangelical Lutheran Church in Mary Lasris, Social Justice Committee of Georgia Mountains UU Church, Northeast Georgia North Georgia Immigrant Justice Group Sherry Perkins, Peace and Justice Committee, Nacoochee Presbyterian Church, Sautee Nacoochee Florida Rev. Edward Benoway, Bishop of the Florida-Bahamas Synod of the Evangelical Lutheran Church in

5 The Rev. Dr. Russell L. Meyer, Executive Director of the Florida Council of Churches Illinois HIAS Chicago Illinois Coalition for Immigrant and Refugee Rights Rev. Michael S. Mulberry, Pastor, United Church of Byron Iowa La Luz Hispana, Hampton NE Iowa Peace & Justice Center, Inc., Northeast Iowa Sisters of Charity of the Blessed Virgin Mary, Dubuque Rev. Steven Ullestad, Bishop of the Northeast Iowa Synod of the Evangelical Lutheran Church in Kansas Immigrant Justice Advocacy Movement, Kansas City Rev. Gerald Mansholt, Bishop of the Central States Synod of the Evangelical Lutheran Church in Louisiana New Orleans Workers Center for Racial Justice, New Orleans Maine Immigrant Legal Advocacy Project Maryland Rev. Katherine Epperly, Immigration Task Force Co Chair, Westmoreland United Church of Christ, Bethesda Massachusetts Political Asylum Immigration Representation Project Michigan Br. James Hegenauer ofs, Devine Mercy Regional Justice, Peace & Integrity of Creation Animator, St. Anthony Fraternity Vice Minister Joyce Ann Hertzig, OP, Dominican Sister/West Michigan Immigration Reform Coalition, Grand Rapids Michigan Coalition for Immigrant and Refugee Rights Lisa Mitchell, Director of Partners for a Racism Free Community, Grand Rapids Minnesota Immigrant Law Center of Minnesota Interfaith Coalition on Immigration The Advocates for Human Rights

6 Mississippi Rev. Julian Gordy, Bishop of the Southeastern Synod of the Evangelical Lutheran Church in Missouri Immigrant Justice Advocacy Movement, Kansas City Rev. Gerald Mansholt, Bishop of the Central States Synod of the Evangelical Lutheran Church in Montana Montana Immigrant Justice Alliance Montanans Support Immigration Reform Nevada Rev. Dr. Larry Stoterau, President of the Pacific Southwest District of the Lutheran Church Missouri Synod New Jersey Catholic Charities of the Archdiocese of Newark First Friends of NJ & NY Reformed Church of Highland Park New Mexico Lutheran Advocacy Ministry- New Mexico New York African Services Committee, New York Bellevue/NYU Program for Survivors of Torture Brooklyn Defender Services First Friends of NJ & NY Judson Memorial Church, New York New Sanctuary Coalition of NYC New York State Interfaith Network for Immigration Reform Mark Noferi, Instructor of Legal Writing, Brooklyn Law School North Carolina North Carolina Council of Churches Ohio Dr. Kristine Suna-Koro, Assistant Professor of Theology, Xavier University Oklahoma

7 Oregon Pennsylvania Rev. Claire Burkat, Bishop of the Southeastern Pennsylvania Synod of the Evangelical Lutheran Church in Pennsylvania Council of Churches South Carolina The Rev. Sandra Jones, Pastor/Mission Developer in the ELCA, South Carolina Rev. Herman Yoos, Bishop of the South Carolina Synod of the Evangelical Lutheran Church in Tennessee Rev. Julian Gordy, Bishop of the Southeastern Synod of the Evangelical Lutheran Church in Texas Denise Gilman, Clinical Professor of Law, University of Texas School of Law Immigration Clinic Human Rights Initiative of North Texas Texas Civil Rights Project WIN- the Welcoming Immigrants Network Vermont Vermont Immigration and Asylum Advocates Washington The Rt. Rev. Sanford Hampton, Assistant Bishop of the Episcopal Diocese of Olympia, Ret. Northwest Detention Center Roundtable Northwest Immigrant Rights Project Wisconsin Racine Dominicans cc: The Honorable Senator Blumenthal The Honorable Senator Coons The Honorable Senator Cornyn

8 The Honorable Senator Cruz The Honorable Senator Durbin The Honorable Senator Feinstein The Honorable Senator Franken The Honorable Senator Flake The Honorable Senator Graham The Honorable Senator Hatch The Honorable Senator Hirono The Honorable Senator Klobuchar The Honorable Senator Lee The Honorable Senator Sessions The Honorable Senator Schumer The Honorable Senator Whitehouse