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  1. #1
    Senior Member millere's Avatar
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    HAMMOND LAW GROUP and Immigration legislation

    http://hammondlawgroup.blogspot.com/

    Thursday, September 04, 2008

    Another Ray of Hope?

    The House Judiciary Committee intends to markup HR 5924, the Emergency Nursing Supply Relief Act, on Wednesday, September 10. Several other measures will also be marked up, including HR 5882, Congresswoman Lofgren's recapture legislation, HR 6020 (military), and HR 5950 (medical care for immigration detainees).


    http://www.opencongress.org/bill/110-h6020/show

    HR 6020:

    Prohibits removal of an alien who is a member or veteran of the Armed Forces based upon:
    (1)illegal reentry;
    (2) expedited removal for commission of certain crimes; or
    (3) inspection for admissions or asylum. Exempts from specified grounds of inadmissibility or deportation an alien who is a member or veteran of the Armed Forces or an alien who is the spouse, child, son, daughter, parent, or minor sibling of a member serving in the Armed Forces. Authorizes the Secretary of Homeland Security or the Attorney General to waive other grounds (with specified exceptions) for such removal. Sets forth waiver factors. Exempts from worldwide immigrant visa numerical limitations an alien who is eligible for a family-sponsored immigrant visa and is either the spouse or child of a permanent resident alien who is serving in the Armed Forces. Directs the Secretary to adjust to permanent resident status an alien who is a parent, spouse, child, son or daughter, or minor sibling of a citizen or person eligible for naturalization through military service who is serving or has served in the Armed Forces during specified periods of hostilities. Permits posthumous benefits under specified circumstances. Waives certain grounds of inadmissibility.


    http://www.opencongress.org/bill/110-h5950/text

    HR 5950:

    To require the Secretary of Homeland Security to establish procedures for the timely and effective delivery of medical and mental health care to all immigration detainees in custody, and for other purposes.

    SEC. 2. MEDICAL CARE STANDARDS FOR IMMIGRATION DETAINEES OF THE DEPARTMENT OF HOMELAND SECURITY.

    (a) In General- The Secretary of Homeland Security shall establish procedures for the timely and effective delivery of medical and mental health care to all immigration detainees in the custody of the Department of Homeland Security. Such procedures shall address all immigration detainee health needs, including primary care, emergency care, chronic care, prenatal care, dental care, eye care, mental health care, medical dietary needs, and other medically necessary specialized care.

    (b) Medical Screenings and Examinations- The Secretary's procedures shall be designed to ensure continuity of medical and mental health care services for each immigration detainee upon arrival at a detention facility. At a minimum, such procedures shall be designed to ensure that--

    (1) each immigration detainee receives a comprehensive medical and mental health intake screening by a qualified health care professional upon arrival at the facility;

    (2) each immigration detainee receives a comprehensive medical and mental health examination and assessment by a qualified health care professional not later than 14 days after arrival;

    (3) each immigration detainee taking prescribed medications prior to detention is allowed to continue taking such medications, on schedule and without interruption, until and unless a qualified health care professional examines the immigration detainee and decides upon an alternative course of treatment; and

    (4) subject to the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))), each immigration detainee with a serious medical or mental health care condition is given priority consideration for release on parole, on bond, or into an alternative to detention program, with periodic reevaluations for such immigration detainees not initially released.

    (c) Continuity of Care- The Secretary's procedures shall be designed to ensure continuity of medical and mental health care services for each immigration detainee throughout detention. At a minimum, such procedures shall be designed to ensure that--

    (1) immigration detainees are informed of available medical and mental health care services and how to request such services;

    (2) a prompt response is provided to any request for medical or mental health care;

    (3) treatment decisions are based solely on professional clinical judgments;

    (4) prescribed medications and medically necessary treatment are provided to immigration detainees on schedule and without interruption; and

    (5) the medical and mental health of an immigration detainee is considered prior to any decision to transfer the immigration detainee to another detention facility, and such immigration detainee suffers no interruption in the provision of medical treatment, including the delivery of prescribed medications, during and after such transfer.

    (d) Medical Records- The Secretary's procedures shall be designed to ensure the availability of medical records to appropriate personnel. At a minimum, such procedures shall be designed to ensure that--

    (1) immediately upon an immigration detainee's transfer from one detention facility to another, the immigration detainee's complete medical records, including any transfer summary, are provided to the receiving facility;

    (2) within 72 hours of receiving a written request, an immigration detainee's complete medical records are provided to the immigration detainee or any person designated by the immigration detainee; and

    (3) an immigration detainee shall be provided the appropriate forms where necessary to comply with this subsection and relevant privacy laws.

    (e) Administrative Appeals Process- The Secretary's procedures shall include an administrative appeals process for denials of medical or mental health care. At a minimum, such procedures shall be designed to ensure that--

    (1) the Secretary responds promptly to any request by an on-site medical provider for authorization to provide medical or mental health care to an immigration detainee;

    (2) in each case in which the Secretary denies or fails to grant such a request, a written explanation of the reasons for the decision shall be conveyed without delay to the on-site medical provider and the immigration detainee;

    (3) the on-site medical provider and immigration detainee (or legally appointed advocate) are provided an opportunity to appeal the denial of or failure to grant the requested health care service; and

    (4) such appeal is resolved in writing within 30 days by an impartial board, which shall include health care professionals in the fields relevant to the request for medical or mental health care, and the written decision is conveyed without delay to the on-site medical provider and the immigration detainee.

    (f) Discharge Planning- The Secretary's procedures shall include discharge planning to ensure continuity of care, for a reasonable period of time, upon removal or release for persons with serious medical or mental health conditions.

    (g) Reporting Requirements- The Secretary of Homeland Security shall report to the Offices of Inspector General for the Department of Homeland Security and the Department of Justice, within 48 hours, information regarding the death of any immigration detainee in the Secretary's custody. Not later than 60 days after the end of each fiscal year, the Secretary shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives containing detailed information regarding the death of all immigration detainees in the Secretary's custody during the preceding fiscal year.

    SEC. 3. DEFINITIONS.

    In this Act--

    (1) `detention facility' means any Federal, State, or local facility used by the Secretary of Homeland Security to hold immigration detainees for more than 72 hours, regardless of whether use of such facility is subject to a contract or other agreement.

    (2) `immigration detainee' means any person in the custody of the Secretary of Homeland Security under the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))) at any detention facility.

    Does this mean the old "innocent by means of insanity" defense will get an illegal alien out of detention? What is the point of having any laws at all?

  2. #2
    Senior Member vmonkey56's Avatar
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    DANGER TO SOCIETY LET'S HOPE?!
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  3. #3
    Senior Member Captainron's Avatar
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    I can understand a legitimate concern when a detainee's health is in extreme jeopardy. I would want the same if for any reason I happened to be detained by immigration authorities in another country. For example, I do have certain medicines that are critical and would want to be able to get to my supply in the prospect of being locked up for a long time. Like many Democratic proposals these appear to be excessive. The immigration authorities have to be able to do their job. I suppose a well equipped dispensary should be part of a detention facility. Also, the older detainees would probably have greater medical needs. Perhaps a mobile team of medical prpfessionals that could travel to whatever center is the busiest at the moment would be smart.

    Dental care, medically necessary specialized care, pre-natal care, eye care, dietary needs...would be categories open for very wide interpretation and why should US taxpayers be burdened with these issues?

    With all the stipulations provided in this bill it would be fertile field for personal injury lawyers.
    "Men of low degree are vanity, Men of high degree are a lie. " David
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  4. #4
    Senior Member vmonkey56's Avatar
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    You would be surprised to know many medicines you will not be able to get.
    Join our efforts to Secure America's Borders and End Illegal Immigration by Joining ALIPAC's E-Mail Alerts network (CLICK HERE)

  5. #5
    Senior Member Captainron's Avatar
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    This is why the no-match letters would be a better enforcement tool. Once again, stalled by liberal advocacy groups.
    "Men of low degree are vanity, Men of high degree are a lie. " David
    Join our efforts to Secure America's Borders and End Illegal Immigration by Joining ALIPAC's E-Mail Alerts network (CLICK HERE)

  6. #6
    Senior Member Bowman's Avatar
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    Quote Originally Posted by Captainron
    This is why the no-match letters would be a better enforcement tool. Once again, stalled by liberal advocacy groups.
    The no match letters were also stalled by the greedy cheap labor loving US Chamber of Commerce.
    Join our efforts to Secure America's Borders and End Illegal Immigration by Joining ALIPAC's E-Mail Alerts network (CLICK HERE)

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