Public Defenders Nationwide Present Biden Administration and New Democratic Majority Congress a Comprehensive Plan for Immigration Justice

***MEDIA ADVISORY***

January 12, 2021

Contact:

Valerie Ibarra, San Francisco Public Defender’s Office, Valerie.Ibarra@sfgov.org

Sam McCann, Neighborhood Defender Service, smccann@ndsny.org

Daniel Ball, Brooklyn Defender Services, dball@bds.org

Lindsey Hortenstine, Orleans Public Defenders, lhortenstine@opdla.org

Bob McGovern, Massachusetts Committee for Public Counsel Services, rmcgovern@publiccounsel.net

Alejandra Lopez, The Legal Aid Society, ailopez@legal-aid.org

PUBLIC DEFENDERS NATIONWIDE PRESENT BIDEN ADMINISTRATION AND NEW DEMOCRATIC MAJORITY CONGRESS A COMPREHENSIVE PLAN FOR IMMIGRATION JUSTICE

PUBLIC DEFENDERS URGE FEDERAL GOVERNMENT TO TAKE BOLD STEPS TO REVERSE AND REPAIR DAMAGE OF THE OUTGOING ADMINISTRATION

NEW YORK— Public defenders from across the country will hold a virtual press conference on Wednesday, January 13 at 9AM PST/ 12 PM EST, to present their ten-point action plan for immigration justice and reform. The plan urges the Biden administration and Democratic majority Congress to act swiftly and decisively for immigration justice to undo the unjust, harmful and destructive tactics of the outgoing administration.

When: Wednesday, January 13 at 9AM PST/ 12 PM EST

Zoom Link:

Online or via the Zoom app: https://us02web.zoom.us/j/89516040971?pwd=b0NMNjlDb21mWHlvWlRjQWM2cEdRQT09

By phone - find your local number: https://us02web.zoom.us/u/kbwO772jFX

Meeting ID: 895 1604 0971

Passcode: 132435

Who: Speakers include:

  • Raha Jorjani, Managing Attorney of the Immigration Representation Unit, Alameda County Public Defenders

  • Mano Raju, San Francisco Public Defender

  • Derwyn Bunton, Orleans Public Defenders and National Association for Public Defense

  • Wendy Wayne, Director of Immigration Impact Unit, Massachusetts Committee for Public Counsel Services

  • Andrea Sáenz, Attorney-in-Charge, New York Immigrant Family Unity Project, Brooklyn Defender Services

  • Edwin Tineo, Fellow with the New Sanctuary Coalition and former client of Brooklyn Defender Services, formerly incarcerated by ICE

  • JJ Ramirez, former client of the San Francisco Public Defender’s Office, formerly incarcerated by ICE

  • Charles Joseph, formerly incarcerated by ICE

What: As public defenders representing immigrants in criminal and/or immigration deportation proceedings, we are calling on the Biden Administration and the new Democratic majority in Congress to take immediate and bold action on behalf of our immigrant community members. The past twelve months mark a turning point in our nation’s call for racial justice, finally acknowledging what communities of color have long known – the criminal and immigration deportation pipeline targets Black and brown people.

Public defenders are direct witnesses to the devastation that unjust state and federal laws cause our clients, their families, and their communities. The Biden Administration has an opportunity to take a fresh approach to these important issues.

The Public Defenders Coalition for Immigrant Justice includes a growing list of over 30 public defense offices - from California, Florida, Illinois, Louisiana, Maryland, Massachusetts, New York, Oregon, Texas, Nebraska, and the national organizations of Gideon’s Promise and the National Association for Public Defense. Along with other organizations, advocates, and leaders, we are calling for the following necessary reforms to create a more just and humane immigration system.

THE 10-POINT PLAN

  1. Day-One: Implement a Deportation and Enforcement Moratorium for One Year.

Deportations must halt while we work to pick up the pieces from the Trump Administration’s scorched-earth policies. The moratorium must apply equally to all detained immigrants.

  1. Reverse Trump-Era Anti-Immigrant Policies.

The Biden Administration should swiftly reverse the draconian regulations, agency case law, and immigration court policy memoranda which limit the rights of immigrants to protection in the United States.

  1. End Immigration Detention

Immigration detention is as unnecessary as it is unjust. The Administration should take steps towards ending detention of people in removal proceedings altogether.

  1. Create a Robust Federal Universal Legal Representation Program

The federal government should fully fund access to counsel in removal proceedings, particularly for people who are detained.

  1. Restructure Immigration Courts and Restore Due Process in Proceedings

Immigration courts have become deportation conveyor belts, where the role of the courts is to rubber stamp deportations. Congress must pass legislation to create Article 1 immigration courts that are no longer part of the Department of Justice.

  1. End the Jail to Deportation Pipeline

Immigration enforcement practices have become increasingly entangled with the criminal legal systems. Practices such as over-policing, needless incarcerations and honoring of detainers must cease.

  1. End the War on Drugs Against Immigrants

The War on Drugs has bled into all aspects of immigration enforcement. We must reverse policies that punish immigrant families for what should be treated as a public health issue.

  1. Restore Discretion and Proportionality

Current immigration policy severely punishes immigrants for past mistakes without taking into account their positive contributions. Immigration law should adopt a more holistic model.

  1. Restore Pathways to Lawful Immigration Status without Criminal Carve-outs

It is past time to restore pathways to legal status that reject the outdated criminal carve-outs which have increasingly defined immigration policy.

  1. Defund ICE and Reinvest in Our Communities

DHS’s bloated budget is particularly egregious during the economic downturn of the COVID-19 pandemic. Defunding ICE is a necessary step resetting and redirecting policy priorities to making communities stronger.

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