SECURITY, MIGRATION ASSISTANCE RENEWAL, & TECHNICAL SYSTEMS ACT (“SMARTS ACT”) OF 2019
- Federal Employees
- Restart the Government
- Retroactive pay raise
- Enhanced Border Security
- Fund half of “Trump’s Wall”
- Triple the number of USCIS Asylum Officers
- Double the number of U.S. Immigration Judges and Court Staff
- Additional Port of Entry (“POE”) Inspectors
- Improvements in POE infrastructure, technology, and technology between POEs
- Additional Intelligence, Anti-Smuggling, and Undercover Agents for DHS
- Anything else that both parties agree upon
- Humanitarian Assistance
- Road to citizenship for Dreamers & TPSers
- Prohibit family separation
- Funding for alternatives to detention
- Grants to NGOs for assisting arriving asylum applicants with temporary housing and resettlement issues
- Require re-establishment of U.S. Refugee Program in the Northern Triangle
- Asylum Process
- Require Asylum Offices to consider in the first instance all asylum applications including those generated by the “credible fear” process as well as all so-called “defensive applications”
- Immigration Court Improvements
- Grants and requirements that DHS & EOIR work with NGOs and the private bar with a goal of achieving 100% representation of asylum applicants
- Money to expand and encourage the training and certification of more non-attorneys as “accredited representatives” to represent asylum seekers pro bono before the Asylum Offices and the Immigration Courts on behalf of approved NGOs
- Vacate Matter of A-B-and reinstate Matter of A-R-C-G-as the rule for domestic violence asylum applications
- Vacate Matter of Castro-Tum and reinstate Matter of Avetisyan to allow Immigration Judges to control dockets by administratively closing certain “low priority” cases
- Eliminate Attorney General’s authority to interfere in Immigration Court proceedings through “certification”
- Re-establish weighing of interests of both parties consistent with Due Process as the standard for Immigration Court continuances
- Bar AG & EOIR Director from promulgating substantive or procedural rules for Immigration Courts — grant authority to BIA to promulgate procedural rules for Immigration Courts
- Authorize Immigration Courts to consider all Constitutional issues in proceedings
- Authorize DHS to appeal rulings of the BIA to Circuit Courts of Appeal
- Require EOIR to implement the statutory contempt authority of Immigration Judges, applicable equally to all parties before the courts, within 180 days
- Bar “performance quotas” and “performance work plans” for Immigration Judges and BIA Members
- Authorize the Immigration Court to set bonds in all cases coming within their jurisdiction
- Fund and require EOIR to implement a nationwide electronic filing system within one year
- Eliminate the annual 4,000 numerical cap on grants of “cancellation of removal” based on “exceptional and extremely unusual hardship”
- Require the Asylum Office to adjudicate cancellation of removal applications with renewal in Immigration Court for those denied
- Require EOIR to establish a credible, transparent judicial discipline and continued tenure system within one year that must include: opportunity for participation by the complainant (whether Government or private) and the Immigration Judge; representation permitted for both parties; peer input; public input; DHS input; referral to an impartial decision maker for final decision; a transparent and consistent system of sanctions incorporating principles of rehabilitation and progressive discipline; appeal rights to the MSPB
- International Cooperation
- Fund and require efforts to work with the UNHCR, Mexico, and other countries in the Hemisphere to improve asylum systems and encourage asylum seekers to exercise options besides the U.S.
- Fund efforts to improve conditions and the rule of law in the Northern Triangle
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No, it wouldn’t solve all problems overnight. But, everything beyond “Trump’s Wall” would make a substantial improvement over our current situation that would benefit enforcement, border security, human rights, Due Process, humanitarian assistance, and America. Not a bad “deal” in my view!
PWS