Defending the Huddled Masses

• Author: Hilarie Bass
• Pages: 8-8

8 || ABA JOURNAL JUNE 2018

PHOTOGRAPH COURTESY OF THE OFFICE OF THE PRESIDENT

President’s Message || By Hilarie Bass

Defending the Huddled Masses

ABA succeeds in key e orts to protect rights, ensure fairness in immigration process

Immigration pol icy in the

United States alw ays has been con-

tentious, but recentl y it has become

unquestionably divisive. Prot ecting

our borders and controlling the

number of noncitizens who enter is

always of concern. But so is uphold-

ing our country’s principles, spec ifi -

cally due process , the rule of law , and

providing opportunit ies for people

escaping oppression .

We cannot accommo date every-

one who may want to emigrate to the

United States, but how do we fairly

and consistently decide how many

and which individuals t o welcome?

Immigrants built t his nation and are

important to its f uture.

“Nearly all Americans have anc es-

tors who braved the oceans—lib-

erty-loving ri sk-takers in sear ch of

an ideal,” President George W. Bush

said. “Immigration is not just a li nk

to America’s past; it’s also a bridge to

America’s fut ure.”

National leaders have debated immigration policy for

decades. Yet the last major legislative re form was in 1996.

The American Bar A ssociation believes it is long past the

time for Congress to develop sensible and comprehensive

legislation to addres s immigration fairly.

Relying on policy by executive orders that are depen-

dent on court interpretations and which change from

administra tion to administration has created uncer-

tainty. P eople in the process are unable to rely upon our

nation’s policies from year to year .

We witnessed such confusion in A pril, when the

Department of Justice announce d it was “pausing” for

further study t he Legal Orientation Program (LOP),

which provides critica l legal information to adults in

immigration detention centers.

I testifi ed for the ABA before t he Senate Judiciary

Subcommittee on Border Secu rity and Immigration

about LOP’s importance. The progra m, which has broad

bipartisan support , serves 53,000 people a year, shortens

the duration of deportation cas es, and decreases deten-

tion costs. A 2012 study found that LOP cost s $8 million

but creates savings of $18 million a yea r.

The ABA quick ly mobilized to focus attention on

LOP and was prepa red to join with other stakeholders

to seek judicial relief to prevent t ermination of the pro-

gram. Amid st rising pressure , the decision to “pau se” the

program was resc inded jus t 10 days

after it was a nnounced . The Justice

Department wil l look at the program,

and the ABA wil l watch closely to

ensure the study is conducted fa irly.

That is just the lat est by the ABA

on immigration issues.

When the adm inistration tried to

institute questionable travel res tric-

tions on people from selected coun-

tries, the ABA fi led amicus br iefs

opposing the bans.

When U.S. Immigr ations and

Customs Enforcement (ICE) agents

raided state and federal c ourthouses

to round up undocumented immi-

grants, the AB A spoke up. The House

of Delegates adopted policy c alling

on Congress to add cour thouses to

the list of “sensitive locations,” such

as schools, hospitals and churc hes,

where immigration enforcement can

only be taken in emergencies.

The ABA has worked wit h Congress

and the Justice Depart ment to help fi x the im migra-

tion adjudication process, pushing for more imm igration

judges to handle the grow ing backlog of cases. We have

advocate d before C ongress to create an Article I c ourt for

immigrat ion adjudication, enhanci ng the independence

and fairness of the proces s.

The world is experiencing the wor st refugee crisis

since World War II. People are desperately looking for a

safe place to live and a bet ter life. According to the 2017

Current Population Survey, immigr ants and their U.S.-

born children number 86 mill ion people, 27 percent of

the U.S. popul ation.

Our principles dema nd we treat individuals who come

to the United States respe ctfully and with due process.

Separating children f rom families at the border , pick-

ing up people in the dead of night without allow ing them

to contact their fa milies , or using detention as a tool

to deter others from coming—these proc esses are not

humane, not civiliz ed and decidedly not American.

The ABA continues t o promote fairness and work

towards e ective legislation . Being a refuge for im mi-

grants is in our countr y’s DNA.

As Ge orge Washington w rote in 1783, “The bosom

of America is open to rec eive not only the opulent and

respected stra nger, but the oppressed and persecute d of

all nations and religions; whom we shal l welcome to a

participation of all our r ights and privileges.” Q

Follow Preside nt Bass on Twitter @ABAPreside nt or email abapresid ent@americanba r.org.