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Greg Siskind on Immigration Law and Policy

KERRY TO INTRODUCE AMENDMENT ON RULES FOR WORKSITE RAIDS

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In light of the recent controversy surrounding a massive ICE raid in Bedford, Massachusetts that separated dozens of children from the parents as well as husbands and wives, John Kerry (D-MA) is introducing an amendment that would do the following:



o Require ICE to afford access to state social
service agencies to screen and interview detainees.  A majority of the problems
in these raids arose from the fact that the people were too scared or
intimidated to provide information to ICE agents.  Social service agencies are
also better equipped to handle child and family needs.>>


o ICE must also give sufficient notice to these
state agencies so they can arrange for representatives who speak the detainees'
first language fluently and for any other services that may be needed. 
>>


o To
the extent that space is available aliens that are being detained should be to
be placed in detention within the jurisdiction of the local ICE field office. 
Previously detainees, many of them mothers, have been shipped off to facilities
hundreds of miles away from their families to await a determination of their
status.   >>


o If
it is determined that an alien has humanitarian grounds for release including
but not limited to those with medical conditions that require special attention,
pregnant women, nursing mothers, parents who are the sole caretakers of their
minor children or elderly relatives, parents who function as the primary contact
between the family and those outside the home due to language barriers, parents who are needed to
support their spouses in caring for sick or special needs children, parents
whose spouses are ill or otherwise unable to be sole caretaker, and minors, within 72 hours
of their apprehension, if they are not subject to mandatory detention, they
shall be released on their own recognizance, on minimum bond or placed in the
Intensive Supervision Appearance Program (ISAP).  This gives ICE the ability to
track the alien but also allows families to be reunited and aliens to receive
medical and social services.  >>


o ICE must also provide a toll free number for
families to use after a raid, to report their relationship to a detainee or for
more information about the status of their loved one.>>


o In
cases of raids with the apprehension of 50 or more aliens ICE must also allow
the aliens access to legal orientation presentations provided by independent,
non-governmental agencies through the Legal Orientation program.  This program
cuts down on confusion and allows the detainees to fully appreciate their
rights.

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