Statement of American Bar Association President Carolyn B. Lamm on New Department of Homeland Security Immigrant Detention Policy

WASHINGTON, D.C., October 7, 2009 — Today the Department of Homeland Security took several important steps toward reforming a broken, expensive and overburdened system.  The ABA has long supported more oversight of immigrant detention facilities and the use of alternatives to detention.
 
Many of the people held in a network of jails and detention facilities across the United States are longtime contributing members of our communities. Others are newcomers who have arrived on our shores seeking refuge and opportunity. Immigration detention should not be based on one-size-fits-all philosophy. The decision on whether or how to detain someone should be based on a specific determination regarding whether that person presents a security or flight risk. For that reason, it’s important that Immigration and Customs Enforcement adopt humane alternatives to detention that are the least restrictive necessary to ensure that noncitizens appear in their immigration proceedings.
 
More work remains. The ABA urges ICE to continue moving away from an unnecessarily detention-focused approach. Additionally, for those who are held, better safeguards are needed. In order to be truly effective, standards for detention facilities must be backed by the force of law. The ABA urges the Department of Homeland Security to issue detention regulations to ensure access to legal representation and information. 
 
With nearly 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.

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Media Contacts:  Stephanie Ortbals-Tibbs, 202-662-1091, ortbals-tibbss@staff.abanet.org