Unlike many dictatorships that operate on personal whim, the United States is a nation of laws. And the Constitution requires that decisions involving personal liberty may only be undertaken with great care -- with "due process of law." It is a principle that was meant to apply equally to citizens and non-citizens alike. 

Unfortunately, Congress undermined those basic principals in 1996 by enacting severe anti-immigrant legislation. While the 1996 laws were supposed to guard against terrorism and illegal immigration, some of the harshest provisions had nothing to do with terrorism and were instead directed at long-term lawful residents. 

Some progress has been made to correct these laws through the courts. Still, much remains to be done. Rep. Barney Frank (D-MA) has introduced the "Family Reunification Act" (H.R. 2585) which would address the injustice of mandatory detention and deportation of legal permanent residents convicted of minor crimes. The bill would return to Immigration Judges the power to grant bail when appropriate and waive the mandatory deportation now required by law. 

While the courts have begun the process of addressing the injustice caused by the 1996 immigration laws, its time for Congress to finish the job. 

 Immigration decisions are life altering and must be undertaken with great care. 
Deportation can separate a person from family and from all that makes life worth living. When such a substantial liberty interest is at stake, the Constitution demands that adequate protection - due process - is provided to ensure that decisions are correct and fair. The INS has proved vulnerable to political pressure in judging asylum cases, denying virtually all asylum petitions from Central Americans fleeing governments that the United States supported, while routinely granting petitions of those fleeing governments the United States opposed. Judicial review of the decisions of immigration officials provides an essential check on government power. 

 Immigrants should not be automatically deported unless their crime carried that consequence when it was committed.
It's unconstitutional to force those who committed a crime under one set of terms of punishment to be subject to new and harsher terms. By attempting to change the rules in the middle of the game, the INS is undermining the very principles of fairness and freedom that we advocate abroad! 

 Mandatory detention is unjust.
Detention of individuals is the most serious deprivation of liberty possible. Immigrants who pose no danger should not be put in jail while lengthy deportation proceedings are pending. 

TAKE ACTION!