New Way Forward Act

Bill: 116-hr-5383
Sponsor: Rep. Garcia, Jesus G. "Chuy" [D-IL-4]
Introduced: 2019-12-10 in the House
Policy area: Immigration
Subjects: Administrative remedies
Border security and unlawful immigration
Child safety and welfare
Correctional facilities and imprisonment
Crime victims
Criminal investigation, prosecution, interrogation
Criminal justice information and records
Criminal procedure and sentencing
Department of Homeland Security
Detention of persons
Disability and paralysis
Due process and equal protection
Evidence and witnesses
Government information and archives
Immigrant health and welfare
Immigration status and procedures
Intergovernmental relations
Judges
Judicial procedure and administration
Judicial review and appeals
Law enforcement administration and funding
Law enforcement officers
Mental health
Public contracts and procurement
Refugees, asylum, displaced persons
Sex, gender, sexual orientation discrimination
State and local government operations

Summary:
action_date: 2019-12-10
text: 

New Way Forward Act

 
This bill makes changes to immigration enforcement, including ending mandatory detention in certain cases.
 
The Department of Homeland Security (DHS) shall not enter into or extend any contract with any public or private for-profit entity to own or operate a facility to detain aliens in DHS custody. 
 
The bill provides for various protections related to detaining aliens, such as (1) requiring DHS to make an initial custody determination and establish probable cause within 48 hours of taking an alien into custody, (2) establishing in hearings related to such determinations a presumption that the alien be released, and (3) requiring immigration judges to impose the least restrictive detention conditions necessary.
 
A DHS officer may not interrogate a person as to immigration status based on factors such as the person's race, religion, sexual orientation, or spoken language. 
 
The bill removes mandatory detention requirements for certain aliens, such as asylum seekers with a credible fear of persecution. 
 
Removal proceedings against certain aliens previously admitted into the United States must commence within five years of the alien becoming deportable or inadmissible. The bill also removes certain crime-related grounds of inadmissibility and deportability. 
 
The bill gives immigration judges discretion to provide relief from removal if the removal is not based on certain crime-related grounds.
 
State or local officers are prohibited from performing certain immigration enforcement functions, such as apprehending aliens. The National Crime Information Center database shall not contain an alien's immigration information.
 
The bill repeals provisions providing criminal penalties for improper entry or reentry into the United States.


Legislative actions:
action_date: 2020-01-30
text: Referred to the Subcommittee on Immigration and Citizenship.
action_date: 2019-12-10
text: Referred to the House Committee on the Judiciary.
action_date: 2019-12-10
text: Sponsor introductory remarks on measure. (CR E1571-1572)
action_date: 2019-12-10
text: Introduced in House
action_date: 2019-12-10
text: Introduced in House