The New Way Forward Act aims to end the prison-to-deportation pipeline. Photo: U.S. Immigration and Customs Enforcement, Wikimedia Commons

After years of aggressive immigration enforcement directed by the Trump administration, Congressman Jes√ļs ‚ÄúChuy‚ÄĚ Garc√≠a (D-IL) has introduced a bill aimed at decriminalizing border crossings. The ‚ÄúNew Way Forward Act‚ÄĚ, co-sponsored by Congress members Ayanna Pressley, Jamila Prayapal, Ra√ļl Grijalva and Karen Bass focuses on tackling immigration reform using a three-pronged approach: decriminalizing border crossings, ending immigration detention, and barring local police from conducting immigration enforcement. 

Many of the Black and Latino migrants arrested, and often detained at private prisons, constitute the growing number of immigrants who are adversely affected by local policing measures, such as stop and frisk and racially motivated traffic stops. The bill proponents claim that immigration reform is long overdue, as countless minorities across the country are racially profiled, many are arrested and often deported. ‚ÄúThe #NewWayForward Act challenges racial profiling & mass incarceration in the immigration system; it repeals laws that criminalize immigrants; & it advances racial justice,‚ÄĚ wrote Rep. Ayanna Pressley on Twitter. 

Rep. Garc√≠a‚Äôs bill also aims to end the exchange of communication between Immigration and Customs Enforcement (ICE) and local police that has led to the arrest and deportation of countless immigrants. Due to immigration laws passed in 1996, migrants who cross into the United States are in violation of Sections 1325 and 1326 of U.S. immigration law code, a criminal offense that can muddle a migrant‚Äôs prospects of remaining in the U.S.  

Under this bill, migrants would be granted ‚Äúpresumption of liberty‚ÄĚ during their deportation proceedings, and law enforcement would have 48 hours to prove probable cause for arresting a migrant. The bill would also place a five-year statute of limitations on prior arrests committed before a migrant‚Äôs new arrest, effectively barring the government from deporting the migrant based on past arrests. These same migrants would also be entitled to a bond hearing before an immigration judge, allowing them to head home and seek out legal counsel for upcoming immigration court hearings, if they choose to do so.

If the bill passes in the House, it will become one of three immigration bills that the U.S. Senate has received over the past six months. The recent catalog of immigration bills sent to the senior legislative body, including the ‚ÄúDream and Promise Act of 2019‚ÄĚ focused on providing a path to citizenship for Dreamers, have been stalled by the Republican-led Senate‚Äôs lockstep with the Trump Administration‚Äôs immigration policies.  

Author

Herbert Norat (he/him/his) is a contributing writer for Pulso. A Bronx-born writer of Puerto Rican and Nicaraguan descent, he owns a small business, works as a library researcher, and writes for Bronx Narratives and The New York Public Library. Herbert lives with his fiance and daughter in the Bronx.