On the recordMarch 24, 2021
The Senator from Iowa tells us a compelling story of Sarah Root, whose death at the hands of a drunk driver is a tragedy. However, I respectfully suggest this legislation is not the answer. This bill that she is proposing would require the mandatory detention of immigrants charged--not convicted--charged with certain crimes. The mere allegation of criminal conduct would result in months, possibly years, of detention before case adjudication. Indefinitely detaining immigrants, regardless of whether they actually committed a crime, regardless of circumstances, violates a principle that is deeply embedded in the American legal system: innocent until proven guilty. Under this bill, someone wrongly arrested wouldn't be eligible for individualized bond determination. This is not consistent with the basic tenets of due process in our Constitution. Creating a new category of immigrants subject to indefinite detention for being charged also could be harmful to the survivors of domestic violence. Over 20 years ago, I was introduced to a group in Chicago. The name of the group--and I am sorry if I don't pronounce it correctly, pretty close--is Mujeres Latinas en Accion. This is a group that came together to try to protect undocumented mothers and wives from domestic abuse. The reason they came together was these poor women were being victimized and abused in ways unthinkable and were so afraid to report it to police because of their undocumented status.…





