NOVEMBER 2020 IMPROVING THE U.S. IMMIGRATION SYSTEM IN THE FIRST YEAR

While the analysis and recommendations of the paper draw from the work and advice of the experts group, the paper does not necessarily represent the views of individual members of the group. [...] DHS’s and CBP’s new leadership should review the progress of the agency in implementing Obama-era reforms and the recommendations of the CBP Integrity Advisory Panel regarding handling and investigation of complaints of misconduct and application of disciplinary processes. [...] The new DHS Secretary should issue a policy memorandum detailing the agency’s commitment to (1) the “best interests of the child” throughout the immigration system; (2) screening and training partnerships with nongovernmental organizations that enjoy expertise in child welfare and development and in trauma-informed treatment of children; and (3) the rapid identification of children as unaccompanie. [...] LEGAL ACCESS AND REPRESENTATION; ADJUDICATION BACKLOGS Legal representation is a key component of due process in the removal adjudication system, given the high stakes, the complexity of the law and the adversarial nature of the proceedings. [...] A number of lawsuits have successfully challenged the continued detention of at-risk non-citizens (including children, the elderly and persons with underlying health conditions).[15] PROPOSALS FOR ACTION 11.1 Immediate review of the bans The new administration should announce a review of all COVID-related bans to examine whether the health and economic benefits of the bans outweigh the costs to U.