Why the Family Reunification Act of 1999 is needed.

In 1996, Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) and the Antiterrorism and Effective Death Penalty Act (AEDPA). These laws have:

- Expanded the list of "aggravated felonies" to over 30 offenses, including some of which are only considered misdemeanors in state law, for which legal permanent residents may be removed (deported) from the U.S.

- Applied these new harsh removal grounds retroactively. Immigrants who committed a crime a long time ago and are now rehabilitated, hold stable jobs, have raised famalies, and are productive, contributing members in society are now being uprooted from their communities.

- Restricted the discretion of immigration judges to allow, on a case-by-case basis, long-term permanent residents to remain in the U.S.

- Eliminated the opportunity to appeal to federal court the decisions of immigration judges.

- Required that immigrants in removal proceedings be placed in detention without bond.

The Family Reunification Act of 1999, introduced by Representative Barney Frank (D-MA), provides an avenue for deserving and contributing members of society to seek relief from being removed (deported).

- Opportunity for Fair Trials! Immigrants would be given the opportunity to present evidence to an immigration judge of why they deserve a second chance in the U.S. As the law now stands, an immigrant's good behavior, ties to the community, and hardship to the immigrant and his/her family are not taken into consideration.

- Restore Due Process! H.R. 1485 would partially restore the ability of federal courts to review improper immigration court decisions. Due process is a right entitled by the Fifth Amendment. Judicial review would restore fairness and proportionality to immigration laws.

- Retroactivity is Unjust! Applying the law retroactively failed to take into consideration that immigrants were not informed of the consequences a criminal conviction may have had on their immigration status. These immigration penalties did not exist at the time of many legal permanent residents' convictions. At the same time, criminal attorneys could not inform clients of possible consequences because they are not specialized in immigration law.

- Eliminate Excessive Definitions of Aggravated Felonies! The Family Reunification Act would soften some of the current definitions of "aggravated felonies" and continuous residence. The current law removes legal permanent residents based on minor criminal convictions, causing great psychological impact on their U.S. citizen children and families. At the same time, legal permanent residents are being forced to return to countries where they have few ties and, in some cases, do not speak the language. Immigrants are paying for minor crimes with life sentences by being uprooted from families and the life they know.

- Children are Suffering! It would allow individuals seeking relief under H.R. 1485 to apply for release from detention. Currently, families of imigrants in detention are experiencing emotional and financial hardship. Spouses are being forced to take on second jobs to provide housing and food for their children. With one parent in detention and one holding two jobs, children suffer by not being able to have the emotional, psychological, and the financial support that they would have with both parents.