ABA says Provision in Immigration Bill Will Imperil Asylum Seekers, Heighten Bar to Immigrants in Court

WASHINGTON, D.C., May 17, 2006 – The American Bar Association today urged the Senate to oppose an addition to immigration legislation that would set a new and more rigid standard for granting a stay of deportation to asylum seekers while they wait for their cases to be heard on appeal.

In a letter to the entire Senate, Michael S. Greco, president of the ABA, urged the Senators to strip section 227 from the Comprehensive Immigration Reform Act of 2006, which, he said, would put asylum seekers in peril and clog the courts.

The proposed legislation would prohibit any court from granting a stay of removal to an individual while his or her appeal is pending, who cannot first prove by clear and convincing evidence that the relief he or she seeks will be granted.

“The result of this change, which greatly heightens the standard for the grant of a stay of removal, significantly increases the chances that legitimate asylum seekers would be returned to their country of persecution before a court rules on the merits of their case. …This will cause the United States to violate the United Nations Convention and Protocol Relating to the Status of Refugees,” said Greco.

Greco also underscored the gravity of this change for asylum seekers, saying, “Upon return to their home countries, asylum seekers will be forced to live in hiding, and will likely be retargeted for violence, torture, murder or other severe retaliation for attempting to flee. Many will be unable to re-exit their country, or forced into yet another perilous journey to the United States.”

Greco added, “They endure forced separation from their family and country, severe mental and emotional stress, and may risk their own or their family’s lives trying to obtain evidence that was left behind in the chaos as they fled.”

Beyond the grave humanitarian implications of section 227, Greco noted it could further cripple the efficiency of immigration court proceedings. “Section 227(c) will require asylum seekers to present their entire case to the court twice – once to request a stay of removal and then again on the merits.  This will result in a significant waste of resources for the federal government, which is already overburdened given the rising rates of immigration appeals and reversals since streamlining regulations for the Board of Immigration Appeals went into effect in 2002.”

The ABA also wrote the Senate in support of an amendment offered by Sens. Brownback and Lieberman that would provide important protections for asylum seekers and help to ensure an effective and humane system of immigration detention.

Full copies of both letters are available at: http://www.abanet.org/poladv/letters/109th/immigration/home.html

With more than 400,000 members, the American Bar Association is the largest voluntary professional membership organization in the world.  As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law in a democratic society.