Due Process and the Courts
What does the constitution say about due process?
The Fifth Amendment to the Constitution says clearly that no person shall be deprived of life, liberty, or property without the due process of law. Note that this says person, not citizen, and over the years the Supreme Court has consistently ruled that the Due Process Clause applies to all people in the United States.Do non-citizens have the right to due process in the U.S.?
Yes. The Constitution guarantees due process rights to all "persons," not just citizens. This means non-citizens, including undocumented immigrants, are entitled to fair treatment under the law. This includes the right to defend themselves in court. But recent Trump administration policies that speed up deportations and limit access to legal representation make it harder for non-citizens to get their fair day in court.- Access to legal representation Access to legal counsel is an essential part of our justice system and our democracy. In the criminal justice system, anyone facing even one day in jail gets a lawyer if they can't afford one. But immigrants facing deportation usually don't get that chance.The research is clear – the most effective way to ensure some level of due process for people navigating our complicated immigration system is for them to have trained attorney at their side. But Trump administration is now working to strip attorneys from as many people as possible, all in the name of increasing its deportation numbers. This attempt to eliminate basic due process will hurt people who already have few options.
- Fair day in court Due process guarantees that individuals have the opportunity to defend themselves in court. This includes non-citizens facing deportation.
Why is due process important?
We are seeing right now the importance of due process when it comes to President Trump's actions to carry out the so-called Alien Enemies Act, a 1798 wartime law that permits people to be deported outside of the normal framework of immigration law. President Trump has alleged that this law allows him to simply point at any person, declare them to be an alien enemy, and kick them out of the country without ever having a chance to see a judge. Thankfully, the Supreme Court said that is not true, and in a unanimous decision, ruled that people can challenge the Trump administration's invocation of the Alien Enemies Act. That is why due process is so important, because it means that no person can be rounded up and sent to another country without a chance to go to court and make the government prove their case.How is the American Immigration Council working to protect due process?
- We serve thousands of individuals in immigration detention centers through the Immigration Justice Campaign, our initiative with the American Immigration Lawyers Association. The Justice Campaign provides free legal services for immigrants who would otherwise have to navigate our complicated immigration system without a lawyer.
- We use the courts to demand a fair process for immigrants. Our litigation team is fighting back against the Trump administration’s blatant disregard for due process including filing a lawsuit challenging their illegal detention of immigrants in El Salvador’s notorious Terrorism Confinement Center (CECOT).
How Can a Three Year Old Represent Himself in Court?
Each week, in immigration courts across the United States, hundreds of children, some as young as just a few months old, come before immigration judges and are called upon to defend themselves against deportation. Among them is Arturo,* a three year old who arrived at the United States border in… Read More
How Can a Three Year Old Represent Himself in Court?
Each week, in immigration courts across the United States, hundreds of children, some as young as just a few months old, come before immigration judges and are called upon to defend themselves against deportation. Among them is Arturo,* a three year old who arrived at the United States border… Read More
New Evidence Confirms Immigrant Children Show Up in Immigration Court
As many of the unaccompanied minors who crossed the U.S-Mexico border earlier this summer navigate the immigration court system, recent government numbers confirm that the vast majority are showing up for their immigration hearings. Data released by the U.S. Executive Office for Immigration Review (EOIR) shows that between July… Read More
Corte Federal Niega Desestimar Caso de Ciudadana de Cuatro Años Deportada por CBP
En 2011 una niña de cuatro años de edad fue detenida ilegalmente por oficiales de la Oficina de Aduanas y Protección Fronteriza de los Estados Unidos (CBP) al llegar al aeropuerto de Dulles, en el estado de Virginia. Luego de detener a la menor, los oficiales de CBP no permitieron… Read More
Federal Court Refuses to Dismiss Case of U.S. Citizen Girl Who Was Deported
In 2011, U.S. Customs and Border Protection (CBP), a component of the Department of Homeland Security (DHS), unlawfully detained a 4-year-old girl when she arrived at Dulles Airport in Virginia, deprived her of any contact with her parents, and then sent her back to Guatemala. The girl’s father… Read More
U.S. Supreme Court Takes Two Immigration Cases in New Term
The U.S. Supreme Court opened its new term on Monday – often referred to as “First Monday” because by law, the term must begin on the first Monday of October. Although the Court has taken no blockbuster immigration case like 2012’s Arizona v. United States, interpreting state authority… Read More
Majority of Individuals Released from Immigration Custody Do Appear in Court
Media outlets reported last week that according to Immigration and Customs Enforcement (ICE), about 70 percent of migrant families encountered at the border since May and released “haven’t reported” to an immigration office as instructed. ICE has released little other information about this data point. Several media outlets published… Read More
The Sixth Circuit Joins Growing Majority, Rejects BIA’s Narrow Interpretation of Section 212(h)
Washington, D.C.—Wednesday, the U.S. Court of Appeals for the Sixth Circuit issued a precedent decision that will allow a greater number of lawful permanent residents (LPRs) to avoid deportation if they can demonstrate to an immigration judge that their removal will result in extreme hardship to close family members… Read More
Immigration Council Urges U.S. Department of Labor to Ensure Fairness
Washington, D.C. – Recently, the American Immigration Council and the American Immigration Lawyers Association (AILA) filed an amicus curiae brief in Simply Soup Ltd. d/b/a NY Soup Exchange, ETA Case No. A-08322-06241, 2012-PER-00940, urging the Board of Alien Labor Certification Appeals to reaffirm that due process and fundamental fairness… Read More
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