H.R. 7456: Fundamental Immigration Fairness Act

This bill, titled the Fundamental Immigration Fairness Act, aims to limit the authority of the Secretary of Homeland Security regarding the detention of certain individuals who are not citizens of the United States. Its provisions include the following key points:

Limitation on Detention

The bill specifies that, with certain exceptions, the Secretary of Homeland Security is prohibited from detaining an individual who is categorized as an "alien" (a non-citizen) before an order of removal (deportation) has been issued. This applies specifically to aliens arriving at or leaving:

• Any field office of the Department of Homeland Security;
• Any facility associated with the Executive Office for Immigration Review.

Exceptions to Detention Limits

There is an exception to this limitation. The bill allows for the detention of individuals who are determined not to be of "good moral character" by an immigration judge, following the guidelines set out in section 101(f) of the Immigration and Nationality Act.

Clarification of Moral Character

The legislation provides clarification that a determination of an alien's lack of good moral character cannot be based solely on their unlawful presence in or unlawful entry into the United States. This aims to ensure that other factors are considered in assessing an individual’s character.

Protection of Privacy in Immigration Proceedings

Additionally, the bill includes provisions that prevent the Attorney General from publicly displaying the names of any parties involved in immigration proceedings (excluding the United States). This applies to any areas outside the room where the proceeding is taking place or any other publicly accessible locations within facilities of the Executive Office for Immigration Review.

Definitions

The terms used in this bill are defined according to the meanings given in the Immigration and Nationality Act.

Relevant Companies

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