The U.S. Congress is now debating legislation
to create a new Department of Homeland Security.
The Senate is considering several provisions aimed at ensuring that
civil rights and the rights of refugees and immigrant children are
protected in the new department. One provision would ensure legal
representation for children in immigration proceedings when they
arrive in the US alone. A second amendment would separate judicial
and prosecutorial functions of the immigration enforcement system
into different agencies, to ensure greater effectiveness and accountability.
A third proposed amendment would create an Office of Civil Rights
and Civil Liberties (OCR CL) within the new Department of Homeland
Security. The purpose of this Office would be to ensure that the
Department's efforts comport with federal civil rights laws and
to provide a focal point for those impacted by the Department's
policies to raise their concerns and seek redress. None of these
protections were included in the House version of the bill, which
was passed in July.
The Senate is now debating a version of the legislation, authored
by Senators Gramm (R-TX) and Miller (D-GA), which also does not
include crucial provisions by Senator Joseph Lieberman (D-CT) and
others who are making efforts to include these amendments. However,
it appears that the Senate Democratic leadership is supporting a
compromise package, proposed by Senators Nelson, Breaux and Chafee,
which guarantees civil service protections for workers in this new
department, but does not include any other civil rights measures.
Please contact your Senators and urge them to oppose all attempts
to move forward on the Gramm/Miller bill until the basic protections
for civil rights and the rights of refugees and immigrant children
found in the Lieberman bill are included. Please contact Majority
Leader Daschle and urge him to ensure that these basic rights are
included in any final Senate bill.