New Way Forward Act

The New Way Forward Act (H.R. 5383) is a proposed legislation introduced in the U.S. Senate and House on December 10, 2019 by Jesús "Chuy" García, which focuses on Immigration reform in the United States.[1][2] The bill intends to retroactively amend a number of statutes that were enacted as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), which will make it easier for many criminal aliens to avoid removability.[3][4]

For the Iraq War troop surge of 2007, see Iraq War troop surge of 2007.
New Way Forward Act
Legislative history

The bill would repeal sections 1325 and 1326 of the Immigration and Nationality Act (INA) to decriminalize unauthorized border crossing while maintaining civil deportation procedures.[5][6][7] It would give immigration judges extra discretionary power when deciding cases of convicted legal immigrants, change immigration enforcement by ending mandatory detention in specific cases, and remove private detention centers for immigrants.[8][3] The bill was reintroduced in the 117th Congress in 2021.[9]

Background

The bill's supporters have introduced a seven parts bill,[10] which mainly plans to do the following:

Support

The bill has received support from some Democratic Party members including Alexandria Ocasio-Cortez, Karen Bass, Ilhan Omar, Pramila Jayapal and 30 Members of Congress. The bill has also received support from over 145 advocacy organizations and community representatives.[18][19]

Opposition

The bill has received strong opposition from the Republican Party on claims that it would increase crime in the United States and weaken the nation. The bill would remove low-level drug crimes as deportable offenses and would require that certain criminal convictions come with a prison sentence of at least five years.[20][8]

See also

Notes and references
  1. "Immigration reform bill could allow Southeast Asian American deportees to return". NBC News. January 27, 2021. Retrieved 2021-01-28.
  2. "Democrats Reintroduce Legislation To 'Decriminalize Immigration'". Huffpost. January 26, 2021. Retrieved 2021-01-28.
  3. H.R. 5383 (New Way Forward Act - 116th Congress (2019-2020))
  4. "Barton v. Barr, 140 S. Ct. 1442 (2020)". U.S. Supreme Court. Harvard Law School. April 23, 2020. p. 1446. The umbrella statutory term for being inadmissible or deportable is 'removable.'
  5. Eagly, Ingrid (2020-06-26). "The Movement to Decriminalize Border Crossing". Boston College Law Review. 61 (6): 1967.
  6. "Sec. 701. Reconsidering and Reopening Immigration Cases" (PDF). New Way Forward Act. U.S. Congress. pp. 25–28.
  8. Macguill, Dan (2020-02-12). "Would the New Way Forward Act Protect Criminals from Deportation?". Snopes.com. Retrieved 2 August 2020.
  9. H.R. 536 (New Way Forward Act - 117th Congress (2021-2022))
  10. GovTrack.us (2020-04-14). "New Way Forward Act, cosponsored by AOC and dozens of Democrats, would implement several…". GovTrack Insider. Retrieved 2020-08-04.
  11. "Sec. 101. Phase-out of Private For-Profit Detention Facilities And Use of Jails" (PDF). New Way Forward Act. U.S. Congress. pp. 2–15.
  12. "Sec. 201. Time for Commencing Removal Proceedings" (PDF). New Way Forward Act. U.S. Congress. pp. 15–16.
  13. "Sec. 302. Definitions" (PDF). New Way Forward Act. U.S. Congress. pp. 17–20.
  14. "Sec. 501. Local Enforcement" (PDF). New Way Forward Act. U.S. Congress. pp. 22–24.
  15. 8 C.F.R. 1003.2 ("(a) General. The Board may at any time reopen or reconsider a case in which it has rendered a decision on its own motion solely in order to correct a ministerial mistake or typographical error in that decision or to reissue the decision to correct a defect in service.... The time and numerical limitations set forth in paragraph (c)(2) of this section shall not apply to a motion to reopen proceedings:...
    (v) For which a three-member panel of the Board agrees that reopening is warranted when the following circumstances are present, provided that a respondent may file only one motion to reopen pursuant to this paragraph (c)(3): (A) A material change in fact or law underlying a removability ground or grounds specified in section 212 or 237 of the Act that occurred after the entry of an administratively final order that vitiates all grounds of removability applicable to the alien; and (B) The movant exercised diligence in pursuing the motion to reopen;
    (vi) Filed based on specific allegations, supported by evidence, that the respondent is a United States citizen or national....") (emphasis added)
  16. "Vazquez v. Garland, ___ F.4th ___, No. 18-70329". Ninth Circuit. Casetext.com. November 12, 2021. p. 6.
  17. "Hanna v. Holder, 740 F.3d 379". Sixth Circuit. Harvard Law School. January 17, 2014. p. 393.
  18. "Reps. Pressley, García, Jayapal, and Bass Introduce the New Way Forward Act to Fight Criminalization of Immigrants". Representative Ayanna Pressley. 2019-12-10. Retrieved 2 August 2020.
  19. Sources, World Combined (2020-02-10). "Reps introduce New Way Forward Act to fight criminalization of immigrants". People's World. Retrieved 2 August 2020.
  20. "The 'New Way Forward Act' is more like the 'New Way Backward Act'". Bluefield Daily Telegraph. May 5, 2020. Retrieved 2020-08-02.
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