Feb 6th, 2009
Posted by Caroline Cincotta, Immigrants' Rights Project at 3:44pm	Immigrants' Rights

AG Holder: Uphold Immigrants' Right to Counsel

In an amicus brief submitted to Attorney General Holder today, the ACLU asked Holder to vacate and reconsider a legal opinion issued by Attorney General Mukasey that stripped immigrants of the right to reopen cases they’ve lost due to their lawyers’ mistakes. In the waning days of the Bush administration, Attorney General Mukasey issued this last-minute decision curtailing immigrants’ right to due process, increasing the likelihood that immigrants who are legally eligible to remain in the United States will be deported due to immigration decisions that are based on the mistakes of an incompetent attorney rather than on the facts or the law.

Attorney General Mukasey’s decision was a major shift from what had been the practice in both the immigration courts and federal courts of protecting the due process rights of immigrants. Due process prohibits deporting an immigrant simply because her lawyer had violated the duty to provide effective representation through fraud or incompetent mistakes. Existing law had clearly recognized that principle and provided protection that the Bush Administration has tried to eliminate with the Mukasey decision. Due process protection is especially important for immigrants because their limited English-language skills and lack of knowledge of the U.S. legal system can make them particularly vulnerable to unscrupulous and incompetent attorneys.

We are very hopeful that Attorney General Holder will vacate Mukasey’s opinion and reconsider it, as he has made it clear that he understands that due process demands that immigrants receive a fair hearing. In his confirmation hearings, he indicated, in response to questions from Senator Hatch (PDF) and Senator Feingold (PDF), that he is willing to reexamine Mukasey’s decision because “[t]he Constitution guarantees due process of law to those who are the subjects of deportation proceedings.” We have therefore asked that Attorney General Holder quickly exercise his authority to ensure that this parting insult to due process from the Bush administration not be allowed to stand.

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1. MAXIMILLIAN F.O. GUTIERREZ Says:
   Feb 8th, 2009 at 11:18am

   We are all 'Immigrants' and the
   'Progeny' of Immigrants. We hypocrit-
   ically promote 'freedom' and 'justice'
   as well as 'equality' the world over-
   yet when it comes to our great and wonderful neighbors in 'Mexico'-the
   'Welcome to America' mat is 'rolled-
   up'-the 'Fences-Border Patrol-and Guns
   come out'! Reverse 'Mukasey's miguidance
   and 'uphold Immigrants rights' in the courts'. Return 'Humanity' to all 'Immi-
   grants'-'Mexican-Nationals' included-do
   not condone discrimination, inequality
   and racial profiling in the United States Court Systems-it is 'unconscion-
   able'...That is the 'Right and Fair'
   and 'only approach' in our 'Immigration
   System'!!!

2. Kyle Says:
   Mar 2nd, 2009 at 9:01am

   I would like to see Ellis Island brought back in order to let those in that are healthy, want to be here and do not want to bring harm to our great nation. My ancestors had to come in that way so i see no reason why that cant be done again.

3. Red White and Blue Says:
   Mar 3rd, 2009 at 2:37pm

   To create more jobs, Obama should send every non-US Citizen back to their homeland. If you do not want to become an American, then go home. You have no rights. Learn our language. Our country would be financial stronger if we didn't have to pay for all these free loaders. They are raping our medical, social, education and labor programs.

   They get more than hard working Americans. BUILD THE WALL 2009.

4. Donald Loscar Says:
   Mar 5th, 2009 at 1:04pm

   What you call "Illegal Imigrants" are actually foreign nationals that have invaded our country. They have no rights other than those granted under the Geneva Convention. Consider what type treatment "Invaders" from a japanese landing force in 1942 would have received if they landed on the CA coast These current invaders should receive the same treatment.