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Foster, Ramirez Introduce Legislation to Protect Immigrant Due Process Rights

December 15, 2023

Washington, DC — Today, Congressman Bill Foster (D-IL) and Congresswoman Delia Ramirez (D-IL) introduced the Immigrant Detained Persons Legal Rights Act. The legislation would directly address human and due process rights violations that occur in immigrant detention.

Each day, countless immigrants are placed into detention without full knowledge of why they’re there, what their rights are, or how immigration courts work – and about 70 percent of people in detention receive no legal representation. The Department of Justice (DOJ) created legal orientation programs (LOPs) to educate people detained in removal proceedings about their rights and the immigration process generally. Yet, there is currently no mandate requiring detention centers or jails that house immigration detainees to provide immigrants with this information.

The Immigrant Detained Persons Legal Rights Act would require the U.S. Attorney General, with the assistance of non-governmental organizations, to develop and deploy a plan to have an operational LOP program in every detention center and jail that houses immigrants within a year of enactment. It would also require this orientation and legal notice of rights to be available in English and the five most common languages of detainees held at the facility. This will enable immigrants to better understand why they’ve been placed in detention and the legal rights afforded to them.

“Due process rights make up the bedrock of our nation’s legal system, and they should be afforded to immigrants seeking asylum in the United States” said Congressman Foster. “It is anathema to American values that immigrants are being detained without knowledge of why they are being held or what their legal rights are. I am proud to work with Congresswoman Ramirez on this sensible measure to ensure that every immigrant being held in a detention center – man, woman, or child – receives appropriate legal assistance in accordance with human rights and due process protections.”

“Back in April, during a visit to the US-Mexico border, a detained woman seeking asylum looked at me through glass and begged me for help. I can’t forget that moment. Every day, thousands of immigrants, like this woman, are detained without access to help, legal representation, or information about their rights and the immigration process. This negligence sent thousands of asylum seekers back to life-threatening conditions, and that is unacceptable,” said Congresswoman Ramirez. “Seeking asylum is a human right, and we must do everything in our power to ensure asylum seekers’ rights are protected. I am proud to join Congressman Bill Foster in introducing the Immigrant Detained Persons Legal Rights Act, to ensure that every migrant in a detention center, including the women and children behind glass windows, receive the legal help they are entitled to.”

The Immigrant Detained Persons Legal Rights Act is cosponsored by Rep. Hank Johnson (D-GA), Rep. Eleanor Holmes Norton (D-DC), Rep. Chuy Garcia (D-IL), Rep. Ilhan Omar (D-MN), and Rep. Raul Grijalva (D-AZ).

A copy of the legislation is available here.

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Issues:Immigration