Congressman Luis V. Gutierrez, D-Ill., along with members of the Congressional Hispanic Caucus, the Congressional Black Caucus, the Congressional Asian Pacific American Caucus and the Congressional Progressive Caucus, introduced HR 4321, The Comprehensive Immigration Reform for America's Security and Prosperity Act of 2009 ( CIR ASAP ) , Dec. 15, according to an American Civil Liberties Union ( ACLU ) press release.
The measure takes major strides toward repairing America's broken immigration system. However, it does not include workers or same-sex couples.
CIR ASAP contains many provisions aimed at restoring due process in immigration-enforcement actions. Such reforms would, among other things:
—Require the Department of Homeland Security to meet detention condition requirements to ensure adequate medical care and to avoid unnecessary detainee transfers;
—Establish a strong presumption against detention of families with children and prohibit expedited removal of families;
—Provide access to immigration counsel during enforcement actions and for disabled individuals unable to fully participate in deportation hearings;
—Require timely notice and service of immigration charges, as well as timely bond hearings for people detained more than 48 hours;
—Limit the use of immigration detainers to confirmed removable aliens; and
—Pre-empt any state or local law that discriminates against people based on immigration status.
Joanne Lin, ACLU legislative counsel, said, "This is the first comprehensive immigration reform bill that aims to rectify some of the egregious immigration practices set in place since 1996, including mandatory detention of immigrants for minor crimes; delegation of immigration enforcement and verification to states and localities, and denial of judicial review to immigrants facing deportation and permanent separation from U.S. citizen family members."
However, the bill is not as comprehensive as it could be. The measure fails to include immigration-parity provisions that would allow gay U.S. citizens and permanent residents to sponsor their permanent partners for permanent residency, an immigration right that heterosexual spouses have long enjoyed. CIR ASAP also includes electronic employment verification that, if implemented, would require the storage of more personal information about workers and increase the risk of data breaches and identity theft.
The ACLU applauded Gutierrez for introducing the bill but urged that any Senate CIR bill be truly "comprehensive" by ensuring parity for all U.S. families, heterosexual and gay.
To see a summary of CIR ASAP, see www.aclu.org/immigrants-rights/cir-asap-summary.
