New Immigration Legislation Would Divide and Devastate Families

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In 1996, Rep. Lamar Smith (R-TX) introduced the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), a draconian piece of legislation that stripped immigration judges of the ability to determine whether a person should be allowed to remain, and permitted the indefinite detention of immigrants whose governments refused to issue travel documents.

The Supreme Court struck indefinite detention down as an affront to liberty in Zadvydas v. Davis stating, “Freedom from imprisonment – from government custody, detention, or other forms of physical restraint – lies at the heart of the liberty [the due process] clause protects.”

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