This is downright moronic.
A new bill was introduced by several Democratic lawmakers in both the House and Senate this week, aimed at making it more difficult to arrest illegal immigrants who are considered “vulnerable individuals.” The bill’s definition of “vulnerable” includes individuals who identify as gay, lesbian or transgender, those who do not speak English, and others who meet the criteria outlined in the legislation.
According to Fox, Representative Pramila Jayapal, a Democrat from Washington, and Senator Cory Booker, a Democrat from New Jersey, have introduced the Dignity for Detained Immigrants Act. The legislation is intended to establish a set of minimum standards for detention centers where many undocumented immigrants are held while awaiting processing. The bill would prohibit the use of private detention facilities and ensure that government-run centers comply with the minimum standards established by the American Bar Association, among other provisions.
Senator Cory Booker made a statement on Thursday, stating that the current immigration system has resulted in unfair treatment and a denial of the basic rights of immigrants, including due process and dignity. He emphasized the importance of protecting the fundamental rights of individuals who are detained in the United States.
The proposed legislation would allow the Department of Homeland Security (DHS) to apprehend undocumented immigrants and provide them with the option of being released on bond or held in detention while their case is being reviewed for possible deportation. The bill would establish new regulations regarding detention that prioritize the rights of immigrants.
In addition to setting new rules on detention, the proposed legislation includes provisions that would exempt certain categories of undocumented immigrants from being held in detention at all. The bill establishes a “special rule” for vulnerable individuals and primary caregivers, stating that these individuals cannot be detained except in cases where the DHS can prove that placing the person in a community-based supervision program is not feasible or practical.
The proposed legislation outlines a definition of “vulnerable person” that includes individuals who are pregnant, under 21 years of age, over 60 years of age, and those who identify as lesbian, gay, bisexual, transgender, queer, or intersex. The bill also identifies other categories of vulnerable undocumented immigrants, such as victims or witnesses of a crime, individuals who have filed a nonfrivolous civil rights claim, those with workplace claims, and individuals with a serious mental or physical illness or disability.
Under the proposed legislation, individuals who have a credible fear of persecution, limited English language proficiency, those who have experienced severe trauma, and survivors of torture or gender-based violence are also considered “vulnerable persons” who are entitled to special protections under the law. The DHS must take additional steps before detaining individuals falling under this category.
Under the proposed legislation, even if the DHS is able to detain vulnerable undocumented immigrants after meeting the additional requirements, the department is still required to hold new custody determination hearings every 60 days. Additionally, if there are any changes in the individual’s circumstances, a new hearing must be scheduled promptly to reassess their detention status.