Mr. President, today, I am reintroducing legislation to ensure that no American Citizen or green card holder faces indefinite detention without charge or trial. Indefinite detention is an unfortunate…
Mr. President, today, I am reintroducing legislation to ensure that no American Citizen or green card holder faces indefinite detention without charge or trial.
Indefinite detention is an unfortunate legacy of America's not-too- distant past. The internment of Japanese-Americans during World War II remains a dark spot on our Nation's legacy, and it is something we should never repeat.
To ensure that this reprehensible experience would never happen again, Congress passed, and President Nixon signed into law, the Non- Detention Act of 1971. The Act states that ``no citizen shall be imprisoned or otherwise detained by the United States except pursuant to an Act of Congress.''
One would have hoped that this legislation would have brought an end to the notion that Americans could ever again be imprisoned at the whim of the Executive. Yet, in 2002, Jose Padilla, a U.S. citizen, was arrested in Chicago. He was initially detained pursuant to a material witness warrant based on the 9/11 terrorist attacks, but he was later designated as an ``enemy combatant'' who conspired with al-Qaeda to carry out terrorist attacks inside the United States.
Padilla was transferred to the military brig in South Carolina, where he was detained for three-and-a-half years while seeking habeas corpus relief. Padilla was never charged with attempting to carry out a terrorist attack. Instead, he was transferred to Federal civilian custody in Florida in November of 2005, where he was convicted of other charges related to terrorist plots overseas.
While he was detained by the military, Padilla filed a habeas corpus petition, which was first litigated in the Second Circuit Court of Appeals. The Second Circuit rejected the argument, advanced by the Bush Administration, that Padilla's detention was authorized
by the Authorization for the Use of Military Force (AUMF) against al- Qaeda and its affiliated terrorist groups, concluding instead that ``clear congressional authorization is required for detentions of American citizens on American soil'' and the AUMF was ``not such an authorization.'' Ultimately, however, the Supreme Court reversed the Second Circuit's decision on other grounds, leaving an open question as to whether the AUMF or other military authorities can be used to indefinitely detain Americans apprehended in the United States.
It is past time for Congress to resolve this legal ambiguity, consistent with our values, by stating once and for all that the AUMF and similar authorities do not authorize the indefinite detention of Americans apprehended in the United States. The Due Process Guarantee Act would accomplish this by codifying the ``clear statement'' rule articulated by the Second Circuit in Jose Padilla's case and clarifying that authorizations for the use of military force and similar authorizations cannot be construed as acts of Congress that permit indefinite detention.
There is no legitimate reason to detain Americans without due process. We have a court system that is fully capable of trying and convicting terrorism suspects using existing laws and processes. We made a serious mistake when we detained Japanese-Americans during World War II, and we must never repeat it.
I thank the Senator from Utah for his long partnership with me on this issue as well as the Senators from Rhode Island, Texas, and Maine for their longstanding support. We were able to pass this bill in the Senate in 2013, and I am confident we can do so again.
I ask unanimous consent that a copy of the bill be included in the Record.
Mr. President, today, I offer private immigration relief legislation to provide lawful permanent resident status to Esidronio Arreola-Saucedo, Maria Elena Cobian Arreola, Nayely Arreola Carlos, and Cindy Jael Arreola. The Arreolas are Mexican nationals living in the Fresno area of California.
Esidronio and Maria Elena have lived in the United States for over 20 years. Two of their five children, Nayely and Cindy, also stand to benefit from this legislation.
The other three Arreola children, Roberto, age 29, Daniel, age 25, and Saray, age 24, are U.S. citizens.
The story of the Arreola family is compelling, and I believe they merit Congress's special consideration for such an extraordinary form of relief as a private bill.
The Arreolas are facing deportation in part because of grievous errors committed by their previous counsel, who has since been disbarred. In fact, the attorney's conduct was so egregious that it compelled an immigration judge to write to the Executive Office of Immigration Review seeking the attorney's disbarment for his actions in his clients' immigration cases.
Esidronio came to the United States in 1986 and was an agricultural migrant worker in the fields of California for several years. As a migrant worker at that time, he would have been eligible for permanent residence through the Seasonal Agricultural Workers (SAW) program had he known about it.
Maria Elena was living in the United States at the time she became pregnant with her daughter Cindy. She returned to Mexico to give birth because she wanted to avoid any immigration issues.
Because of the length of time that the Arreolas were in the United States, it is likely that they would have qualified for suspension of deportation, which would have allowed them to remain in the United States legally. However, the poor legal representation they received foreclosed this opportunity.
One of the most compelling reasons for my introduction of this private bill is the devastating impact that the deportation of Esidronio and Maria Elena would have on their children--three of whom are American citizens--and the other two who have lived in the United States since they were toddlers. America is the only country the Arreola children have ever known.
Nayely, the oldest, was the first in her family to graduate from high school and the first to graduate college. She recently received her Master's degree in Business Administration from Fresno Pacific University and now works at Gap, Inc. Nayely is married and has a young son named Elijah and a young daughter named Brooklyn.
At a young age, Nayely demonstrated a strong commitment to the ideals of citizenship in her adopted country. She worked hard to achieve her full potential both through her academic endeavors and community service. As the Associate Dean of Enrollment Services at Fresno Pacific University states in a letter of support, ``the leaders of Fresno Pacific University saw in Nayely[ ] a young person who will become exemplary of all that is good in the American dream.''
In high school, Nayely was a member of Advancement Via Individual Determination, a college preparatory program in which students commit to determining their own futures by attaining a college degree. Nayely was also President of the Key Club, a community service organization. Perhaps the greatest hardship to Nayely's U.S. citizen husband and child, if she were forced to return to Mexico, would be her lost opportunity to realize her dreams and contribute further to her community and to this country.
Nayely's sister, Cindy, is also married and has three children. Neither Nayely nor Cindy is eligible to automatically adjust their status based on their marriages because of their initial unlawful entry.
The Arreolas also have other family who are U.S. citizens or lawful permanent residents. Maria Elena has three brothers who are American citizens, and Esidronio has a sister who is an American citizen. They have no immediate family in Mexico.
According to immigration authorities, this family has never had any problems with law enforcement. I am told that they have filed their taxes for every year from 1990 to the present. They have always worked hard to support themselves.
As I mentioned, Esidronio was previously employed as a farm worker, but now has his own business in California repairing electronics. His business has been successful enough to enable him to purchase a home for his family. He and his wife are active in their church community and in their children's education.
It is clear to me that this family has embraced the American dream. Enactment of the legislation I have reintroduced today will enable the Arreolas to continue to make significant contributions to their community as well as the United States.
I ask my colleagues to support this private bill.
Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
