STAND. COM. REP. 3423

Honolulu, Hawaii

, 2004

RE: S.R. No. 50

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committees on Judiciary and Hawaiian Affairs and Transportation, Military Affairs, and Government Operations, to which was referred S.R. No. 50 entitled:

"SENATE RESOLUTION URGING THE UNITED STATES CONGRESS TO AMEND THE LAWS ON IMMIGRATION TO ALLOW IMMIGRATION AUTHORITIES TO EXERCISE JUDICIAL DISCRETION IN A PROCEEDING TO DEPORT AN ALIEN CONVICTED OF A CRIME AND TO ALLOW A CONVICTED ALIEN TO SEEK A WAIVER FROM DEPORTATION UPON DEMONSTRATION OF SUCCESSFUL REHABILITATION EVIDENCED BY NO SUBSEQUENT CRIMINAL CONVICTIONS,"

beg leave to report as follows:

The purpose of this measure is to urge the United States Congress to amend immigration laws by allowing immigration authorities to exercise judicial discretion in deportation proceedings for aliens convicted of a crime and by allowing a convicted alien to seek a waiver from deportation upon demonstrating successful rehabilitation.

Your Committees find that in the 1990s immigration laws were amended to virtually eliminate all discretion that authorities once had to determine if resident aliens convicted of a felony should be deported. The changes were prompted by criticisms that hundreds of aliens convicted of serious crimes remained free while their deportations were being processed and their appeals pending.

Your Committees further find that these reforms expanded the grounds for deportation, subjecting long-term immigrants to mandatory detention and automatic deportation for relatively insignificant crimes. Moreover, these laws are applied retroactively resulting in many immigrants being deported for one-time offenses or youthful indiscretions, regardless of whether the person has turned his or her life around and become a productive citizen.

Your Committees urge the United States Congress to amend immigration laws by allowing the immigration authorities to exercise judicial discretion in determining whether deportation of a resident alien is appropriate and by allowing a convicted alien to seek a waiver from deportation upon demonstrating successful rehabilitation, as evidenced by a lack of subsequent criminal convictions.

As affirmed by the records of votes of the members of your Committees on Judiciary and Hawaiian Affairs and Transportation, Military Affairs, and Government Operations that are attached to this report, your Committees concur with the intent and purpose of S.R. No. 50 and recommend its adoption.

Respectfully submitted on behalf of the members of the Committees on Judiciary and Hawaiian Affairs and Transportation, Military Affairs, and Government Operations,

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CAL KAWAMOTO, Chair

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COLLEEN HANABUSA, Chair