American Civil Liberties Union

After two more long days last week of largely unsuccessful attempts to scuttle the immigration reform bill, the Senate Judiciary Committee now is looking at the gargantuan task of wrapping up consideration – somehow, some way – before the end of this week. On Tuesday, the Committee completed work on the border security section of the bill and then began consideration of the section dealing with non-immigrant visas – addressing labor needs. Work on those issues continued on Thursday and then transitioned to enforcement, including the E-Verify employment verification system. All told, the Committee was busy this week – considering 64 amendments and adopting 40 of them. All but two of the amendments were adopted on a bipartisan basis. Ninety-nine amendments have now been considered (including modifications), and quite a few more have been withdrawn, out of the 300 amendments originally filed. Despite the accomplishments, the Committee still must figure out a way to deal with perhaps 150 amendments before Senators return to their home states at the end of the week for the Memorial Day recess.

This week's New Yorker features the harrowing ordeal of Mark Lyttle, a U.S. citizen with mental disabilities who was deported to Mexico. Lyttle was born in North Carolina and has psychiatric and cognitive disabilities. He was inexplicably referred to Immigration and Customs Enforcement (ICE) in 2008 after being misidentified as an undocumented immigrant from Mexico even though he had never been to Mexico, shared no Mexican heritage, and did not speak any Spanish. As the New Yorker article notes, "Lyttle is brown-skinned," and "the vagaries of race and ethnicity obviously played a part" in causing him to be singled out for immigration enforcement.

Today the U.S. Court of Appeals for the Ninth Circuit issued a landmark ruling that curtails one of the most wasteful and draconian features of our immigration lock-up system: the government's practice of putting immigration detainees behind bars for months or even years, without ever holding a bond hearing to determine if they should be locked up in the first place. In Rodriguez v. Robbins, a class-action lawsuit brought by the ACLU, the Court upheld an order requiring bond hearings for detainees locked up six months or longer while they fight their deportation cases. The ruling stands to benefit thousands of immigration detainees across the Ninth Circuit, where an estimated 25% of immigrant detainees are held every year.

An international human rights body is set to question the United States on its obligations under a key human rights treaty. The U.N. Human Rights Committee, an independent body of experts tasked with monitoring compliance with the International Covenant on Civil and Political Rights (ICCPR), this week released its list of issues, which will serve as the basis for its upcoming review of U.S. compliance with the treaty. The U.S. ratified the ICCPR in 1992 and is obligated to submit to periodic reviews of its treaty implementation efforts.