Michael S. Greco
President, American Bar Association
Immigration in America
National Press Club
Washington, DC
February 23, 2006
I begin by commending the American Bar Association Section of Individual
Rights & Responsibilities for sponsoring this series of panel discussions on immigration,
and the ABA Commission on Immigration for its work to improve our nation’s
immigration laws. I am pleased to be here to say a few words about the ABA’s policies
on immigration issues.
There are no more moving words than those of Emma Lazarus engraved at the
base of the Statue of Liberty: “Give me your tired, your poor, your huddled masses
yearning to breathe free.”
America is a nation of immigrants.
Immigrants built America. Immigrants have sustained America. And immigrants
continue to sustain America.
America is strong in large part because the flow of talented and intelligent
newcomers to our land has never faltered. But our laws, and attitudes, on immigration
have been almost schizophrenic. At times, we have thrown open our nation’s doors,
virtually without limit. At other times, we have tried vainly to build walls, legal and
physical. Today, our laws reflect that confusion.
Our immigration system is failing to meet the needs of our nation. It is thwarting
the rights, and dreams, of those who legitimately deserve to be here, while failing to
block those who have ignored our immigration laws. We need comprehensive and
intelligent solutions, and the ABA is taking the lead in suggesting changes.
The American Bar Association has a long history of promoting fairness,
uniformity, and the preservation of due process rights in our nation’s immigration laws
and policies. The ABA now is actively involved in improving our nation’s immigration
laws, and we have designated immigration as one of our top legislative priorities.
As lawyers our passion – and our mission – is ensuring good laws and a working
justice system, and so it is deeply troubling that today’s immigration laws bear so little
relation to our country’s fundamental principles, economic needs or national security
interests. During the past ten years, the ABA has focused its energies on restoring
fairness and balance to immigration policies.
The sweeping immigration reforms enacted by Congress and implemented by
the INS and other federal agencies in the mid-1990s went too far – they stacked the
deck against legal immigrants, asylum seekers, and non-citizen children. In response,
the ABA has advocated for legislation to restore fair administrative hearings, judicial
review, discretionary relief, and individualized custody determinations. We have also
called for the restoration of public benefits for legal permanent resident aliens and
refugees.
The ABA has adopted a number of policies flowing from the principle that legal
immigration should be based on family reunification and the economic and cultural
interests of the United States. The low number of visas granted for family reunification
and employment-related immigration do not serve the interests of American families or
businesses. We should be encouraging legal immigration – not forcing potential
immigrants to skirt our laws.
In the wake of 9/11, we are understandably more concerned about threats to
national security posed by legal and undocumented immigration. We must assure that
new arrivals to our country, whether short-term visitors or longer-term immigrants, do
not pose a threat to our nation’s safety and security. But there are ways to do so
without being unduly restrictive or severe in our immigration laws and policies by
reducing or shutting off the flow of much-needed talent to our country – which is the
subject of today’s panel. There are too many examples of talented foreign university
and graduate school students, researchers, and professionals being denied visas or reentry to the United States as a result of overly-restrictive immigration laws and
regulations.
These policies are causing in a brain drain that puts the United States at a
serious competitive disadvantage in the global economy.
Let me provide a brief overview of the new immigration policies adopted by the
ABA House of Delegates last week in Chicago.
These new policies speak to general immigration reform; right to counsel; due
process and judicial review; administration of U.S. immigration laws; pardons;
immigration detention; asylum and refugee procedures; and protections for immigrant
victims of crime.
In these areas, the ABA has adopted the following policies, and we will promote
them in Congress and elsewhere:
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•
Immigration Reform:
The ABA is calling for a regulated, orderly and safe immigration system that
addresses the undocumented population, the need for immigrant labor, the value of
family reunification and the need for an effective enforcement strategy.
Further, the ABA supports programs for undocumented laborers and future
workers that include a path to permanent residence, labor protections, and identity
and security checks.
The ABA’s new policy also supports making legal status available to
undocumented persons who entered the U.S. as children and have significant ties to
the nation.
The ABA also favors a coordinated government program to teach immigrants
English; prepare them for citizenship and otherwise promote their integration into
their new country.
•
The Right to Counsel in Removal Proceedings:
The ABA supports making legal orientation presentations available to all people
in removal proceedings; as well as screening indigent immigrants to see whether
legal relief might be available to them, and, if so, referring them to pro bono or
appointed counsel.
The ABA also supports providing counsel for the mentally ill in all immigration
proceedings.
•
Due Process:
The ABA urges due process protections throughout the immigration process. To
this end, the ABA is a proponent of meaningful administrative and judicial review and
neutral and independent immigration judges, and opposes retroactive immigration
laws.
The ABA also supports giving immigration judges increased discretion, so they
may decide cases fairly and on the facts before them.
•
Administration of U.S. Immigration Laws:
The ABA is pressing for a transparent, accessible, fair and efficient system for
administering immigration laws.
The ABA also supports vigilant enforcement of laws against the unauthorized
practice of law, and mechanisms to ensure that immigrants do not lose their rights
when they fall victim to unscrupulous lawyers or others posing as lawyers.
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Additionally, the ABA favors discovery procedures for immigration proceedings
and a standard process for Freedom of Information Act requests, which non-citizens
rely on to obtain information about their cases.
•
Pardons:
The ABA is calling for the expanded use of the pardon power, to allow individuals
with certain convictions to avert deportation in appropriate circumstances.
Additionally, the ABA is calling for standards governing applications for pardon
that offer specific, reasonable procedures and expeditious processing, and which
ensure that pardons granted for the purpose of averting deportation satisfy federal
immigration law standards.
The ABA is also urging that discretionary authority be restored to courts or to an
administrative agency to waive deportation where appropriate.
•
Detention:
The ABA opposes detention of non-citizens in "removal" proceedings except in
extraordinary cases, such as where they are a threat to national security or a
substantial flight risk.
The ABA also supports detention alternatives. The policy calls for prompt
hearings, meaningful administrative review and judicial oversight for detainees.
We also support effective custody review procedures for immigration detainees,
with judicial oversight, and full compliance with recent Supreme Court decisions
relating to detention following a final order of removal.
•
Asylum:
The ABA supports practices that ensure proper identification of asylum seekers
at the border and in expedited removal proceedings.
We also advocate enabling asylum officers to grant asylum in an initial review
process, when it is clear that there is no need for additional court review, and
supports eliminating unduly restrictive limitations, such as the one-year deadline for
asylum seekers to initiate claims.
Additionally, we call for creating fair screening procedures for refugees
interdicted by the United States and for development of a refugee visa, as well as
improved visa and pre-clearance policies to help those trying to seek refuge in the
United States.
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•
Protections for Immigrant Victims of Crime:
The ABA supports means for victims of human trafficking, domestic violence, and
related crimes to obtain lawful immigration status and employment authorization,
and supports providing them with public benefits.
Finally, we oppose apprehending victims for immigration violations where they
are seeking shelter or at the courthouse while they are seeking protection against
their abusers.
These new ABA policies enhance and expand the ABA’s stance on immigration
reform. They are based on careful study and input from all segments of the legal
profession.
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My interest in these issues goes beyond my commitment as a lawyer. As a
seven-year-old emigrating from Italy, I passed beneath the magnificent Statue of
Liberty.
I know the immigrant’s hopes, and I know the immigrant’s promise. Like
countless others, I have worked to repay this nation for its generosity in welcoming me.
From personal experience, I know that America derives its strength from the
diversity and the talents of all who live in this great country.
I know how important it is that all young people be given the opportunity to work
hard, to develop their abilities, and to contribute to the life of this great nation.
And I will continue to do all in my power to help ensure that the promise of “equal
opportunity for all” is a promise that we keep, for every person in America.
I firmly believe that we must continue to extend the same opportunities to current
and future immigrants under a system that is orderly, equitable and humane, and based
on our national interests and needs. Each succeeding generation and wave of
immigrants from all parts of the world has enriched America.
If we turn our backs on our history and tradition of welcoming talented, hardworking people to our great nation, we will fundamentally alter our national character
and our standing in the world.
With the exception of Native Americans, everyone in our country is an immigrant
or a descendant of immigrants – let us never forget that.
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