WASHINGTON, Oct. 3 - Last week, Senators Menendez (D-NJ) and Kennedy (D-MA) introduced legislation - The Protect Citizens and Residents from Unlawful Raids and Detention Act (S.3594) - that, among other things, enforces the protection of fundamental constitutional rights of persons wrongfully targeted by the sweeping immigration raids by Immigration and Customs Enforcement (ICE).

The bill also addresses the harsh and sometimes dangerous conditions in immigrant detention facilities. More than 80 detainees have died in the custody of U.S. Immigration and Customs Enforcement (ICE) since 2003. Congressional hearings, extensive media coverage, and oversight by non-governmental organizations have prompted ICE to take some steps to improve the basic level of health care required by its own detention standards, but much more must be done. ICE's detention standards are not currently codified in law and are difficult to enforce. S.3594 requires ICE to consult with an independent advisory committee to codify regulations governing the treatment of detainees.

The Menendez-Kennedy bill also calls for ICE to create rules that would allow asylum seekers and other vulnerable individuals to be released from detention. This provision would include protections for sole care providers to children, pregnant women and nursing mothers, and individuals with health conditions that compel release. The bill also calls for wider use of cost-effective alternatives to immigrant detention for the many non-citizens who pose no threat to our communities and are not considered flight risks.

Finally, the bill provides much-needed transparency and accountability for ICE. The bill calls for the creation of an ombudsman to investigate complaints against ICE and requires reporting on the agency's practices and impact on U.S. citizens, lawful permanent residents, and immigrant communities. 

The Menendez-Kennedy bill lays down a strong marker for the new Congress and the next U.S. president to take up in 2009.

Sources: National Immigrant Justice Center, 09/30/08