How the U.S. Can Limit Immigration Imprisonment
Every year more than half a million immigrants are confined in the United States. According to crimmigation.com 400,000 people are kept behind barbed wire for allegedly violating a civil provision of immigration law. Another 100,000 are imprisoned while awaiting trail for an immigration crime, usually unauthorized entry or reentry.
This is an overwhelming amount of people locked up for engaging in prohibited migration-related activity. But, there are plenty of measures that can be taken to reduce this remarkable number.
Congress holds a significant role for limited, or even ending, immigration imprisonment. Just as it was influential in creating the existing immigrant laws, Congress can take several important steps to reform this devastating practice that affects hundred of thousands of people each year. Congress has the power to rescind the legislative authority for civil immigration detention and decriminalize all migrant-related activity, including unauthorized entry or unauthorized reentry into the United States, a crime that puts many immigrants behind bars. Doing so would dramatically decrease, and possibly abolish, immigration prisons. While this is unlikely to happen any time soon, Congress could impose immigration imprisonment limits by capping the maximum amount of people confined by the United States Marshals Service, ICE, or Federal Bureau of Prisons.
The Immigration and Nationality Act (INA) is also responsible for the abundant amount of detained immigrants. Congress could rescind sections of the INA that require mandatory minimum sentences that results in the confinement of large groups of migrants. To reduce the immigrants that are detained while awaiting trial for suspected prohibited activity, Congress could amend areas of the INA that pertain to cash bonds in civil and criminal cases. Civilly, Congress could remove the requirement that judges must issue a bond of at least $1,500. On the criminal side, it should be clarified that judges should not consider citizenship status when electing to issue cash bonds and the amount. Even if Congress isn’t willing to act, Executive Branch Officials in the Justice Department could revise guidelines to remove the instruction that immigration judges should not consider the ability to pay when determining bond amounts, but rather they must consider the defendant’s ability to pay.
While the laws still remain the same, it is important to hire an experienced crimmigation lawyer if you or a loved one is facing charges. Ronald P. Mondello has a successful and growing practice providing criminal defense counsel and their clients with essential advice on the immigration impact of N.J. criminal charges. Call today for a consultation to find out how we can help you.
