Speech #1090099050

I believe there are numerous problems with this amendment. It is unnecessary and seeks to create a class of aliens who will are not be detained with the rest of the alien population. However. the mandatory detention provision of H.R. 4377 preserves the already existing parole authority under section 212(d)(5)(A) of the Immigration and Nationality Act that waives mandatory detention and releases aliens for urgent humanitarian reasons or for significant public benefit. In other words. the Secretary already is empowered and has discretion to release juveniles and aliens who have serious medical conditions in which continued detention would not be appropriate and women who have been medically certified as pregnant. the very classes that the gentlewoman seeks too release. Also. this amendment creates a whole new bureaucracy that is not necessary. It takes away power from the department and those who are really experienced with these issues and concerns involving the detention of aliens and empowers independent groups. NGOs and academic experts from the immigration and the criminal justice field. with the authority to design this program separate and apart from the Department of Homeland Security. This amendment also requires the Secretary of Homeland Security to enter into contracts with groups including the NGOs and individuals to implement the program. Simply put. this amendment applies only to illegal aliens who are in expedited removal. which is typically 30 to 90 days. Such individuals will be removed quickly from the United States. Allowing them to be released outside of what the statute already prescribes would only create more incentive for them to enter into and remain in this country.