The Democrats in Congress are floating a new bill that would allow any illegal immigrant to entry the U.S. with no restrictions if they claim to be gay or transgender.
The Dignity for Detained Immigrants Act, sponsored by Rep. Pramila Jayapal, D-Wash., and Sen. Cory Booker, D-N.J., would rule that any illegal that claims to be a member of the LGBTQ community will be qualified as a “vulnerable person” and all restrictions will be waived.
“Our immigration system has allowed for the unjust treatment of immigrants and stripped them of their humanity and due process,” Booker said in a Thursday statement, according to Fox News. “We must respect and protect the basic rights of immigrants detained in the United States.”
Under the legislation, the Department of Homeland Security (DHS) could arrest illegal aliens and either release them on bond or detain them while a decision is made on whether to remove them from the country. The bill sets out new rules on detention that favor aliens.
For example, officials would have to decide within 48 hours whether to detain an alien, and could only detain them after a determination that “the release of an alien will not reasonably ensure the appearance of the alien as required or will endanger the safety” of others. In those cases, DHS “shall impose the least restrictive conditions” for detention, and ensure they get a custody hearing within 72 hours. And in those hearings, “there shall be a presumption that the alien should be released,” the bill said.
But the bill goes further by seeking to exempt several groups of illegal aliens from any detention at all. It creates a “special rule for vulnerable persons and primary caregivers,” and says these aliens “may not be detained” unless DHS can demonstrate that it is “unreasonable or not practicable to place the alien in a community-based supervision program.”
“Vulnerable person” is defined as anyone who is under 21 or older than 60 (in other words, just about everyone), pregnant, or who “identifies as lesbian, gay, bisexual, transgender, queer, or intersex.” Other vulnerable aliens are those who are a victim of or witness to a crime, anyone who has filed a nonfrivolous civil rights claim in court, anyone with a workplace claim, and those with a “serious mental or physical illness or disability.”
There are, of course, no means in the bill for authorities to determine if the law-breaking illegal is actually a member of the gay “community.” The law would just require their word and no further proof necessary.
What could go wrong?Commentary