ABA asks DHS to consider less restrictive measures than ankle monitors for asylum seekers
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Wearing an ankle monitor is less restrictive than being detained by U.S. authorities. However, even less restrictive alternatives are available to use on Central American immigrant families fleeing extraordinary violence in their native countries, and they should be considered, the American Bar Association says.
In a Friday letter (PDF) to the Department of Homeland Security, ABA President Paulette Brown objected to the extensive use by DHS of ankle monitors under such circumstances. Her letter calls for a humanitarian approach and consideration of less restrictive alternatives for families seeking refuge at the southern border of the U.S.
“The ABA supports alternatives to detention, but we are concerned that DHS has adopted ankle monitors as a default for the release of recently-arrived families instead of considering other less-restrictive options that would be appropriate in many cases,” she writes in a letter to Secretary Jeh Johnson of DHS.
She calls for the U.S. to adopt standards for when ankle monitors can properly be used, based on “an individualized determination establishing a genuine flight risk based on objective factors or a criminal history,” and urges that current exceptions for pregnant women, minors and individuals with significant health concerns should be expanded to include nursing mothers, the elderly and those with a broad range of health issues.
Brown also called for the DHS to end a policy under which mothers are not permitted to bring lawyers to meetings with Immigration and Customs Enforcement officers at which detention alternatives are discussed.
“The ABA recognizes the need for DHS to ensure that individuals attend their hearings in removal proceedings and otherwise meet their obligations in the immigration process,” she concludes. “However, we must do so by means that are humane, fair, and effective and that upholds our values as a country.”
The question of inadequate representation during asylum and immigration proceedings is being partially addressed by a bill introduced by 55 members of the U.S. House of Representatives, the Los Angeles Times reported Tuesday. Since immigration violations are civil offenses, people are not entitled to attorneys during proceedings. Under the bill, children and people with certain disabilities would be given government-appointed attorneys for asylum and immigration court proceedings. The bill has been referred to the House Judiciary Committee, the Times reports.
Related coverage:
NPR: “Electronic Anklets Track Asylum Seekers in US”
New York Times (reg. req.): “Ankle Monitors Weigh on Immigrant Mothers Released From Detention”