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Holder Recognizes Importance of Fairness in Immigration ProceedingsAttorney General Holder took an important step in the right direction yesterday, vacating Attorney General Mukasey's ill-considered midnight decision that deprived immigrants of an important guarantee of due process. Just days before he left office, Mukasey issued a legal opinion that stripped immigrants of the right to reopen immigration cases lost due to their lawyer's mistakes. Civil rights and immigration groups, including the ACLU, had urged Holder to vacate and reconsider Mukasey's decision that dramatically limited the right of immigrants to obtain a fair hearing on whether they are legally eligible to remain in the U.S. The consequences for immigrants of Mukasey's decision could have been severe. Many immigrants, including long-time permanent residents with U.S. citizen children and refugees who fear persecution, have legitimate claims to eligibility to remain in the United States. But immigrants are especially vulnerable to inadequate representation by incompetent or unscrupulous lawyers because many lack fluency in English or do not have an understanding of complex U.S. court proceedings. Under Mukasey's decision, immigrants might be deported due to mistakes of an incompetent attorney, even when they had a legal basis for remaining in the United States. In his decision, Holder recognized that immigrants are entitled to fair proceedings. We hope that this indicates that Department of Justice attorneys will no longer contend in court that immigrants have no constitutional right to a proceeding untainted by errors of an incompetent attorney. Holder also acknowledged in his decision that there must be a fair and open process when the Attorney General decides to make dramatic changes in the practice of the immigration courts. Mukasey issued his decision after a very brief process that did not permit many interested groups to weigh in on what was a major change to established law. Holder has indicated that he believes that "all interested parties" must be given "a full and fair opportunity to participate" before such decisions are made. Holder plans to continue to consider whether additional protections are necessary to address the problem of incompetent attorneys and intends to solicit comments from the public on any proposed rules. The ACLU encourages Holder to adopt rules that are consistent with protecting the integrity and fairness of immigration proceedings.
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17 Responses to "Holder Recognizes Importance of Fairness in Immigration Proceedings" |
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Jun 4th, 2009 at 2:50pm
Marry an animal? Gay marriage?
There once was a man named Bob who fell in love with a gorilla named Lucy. Lucy and Bob spent a lot of time together. They enjoyed the same interests- boating, fishing, and playing ball. After a few years of serious dating, Bob decided to ask Lucy the gorilla to marry him. Bob was quickly saddened to learn that the State Government doesn’t allow man and beast to marry. Even a few local churches spoke out against the marriage. Bob said, “That’s discrimination, that’s not fair, the church and government hate us!”He then found other men, women and beasts who desperately wanted to marry. He fought the legal system all the way to the state court. The courthouse was silent as Lucy the Gorilla took the stand. Lucy had learned a few sign-language words; she told the court “I---Want—To----Marry---Bob.” The courtroom erupted in cheers and celebration. One man even stood up and said, “You did it Lucy, you did it!” Lucy the Gorilla became a national hero. Some said she was the greatest civil rights activist who ever lived. The state court then ruled it was lawful for man and beast to marry. Laws all across the country began to change to accommodate this new kind of marriage. Does this sound absurd? So did Gay marriage a few years back. Search the web and you will find groups pushing to marry animals.
Think sensibly! Don’t let Homosexual activists and other radicals manipulate you into believing something you know to be wrong.
Jun 4th, 2009 at 3:06pm
Who decides if an attorney is incompentent?
First the ACLU says immigrants have to have an attorney. Now those attorney's are incompentent you can't have it both ways.
Why isn't the ACLU handling these cases?
Jun 4th, 2009 at 5:04pm
I noticed that you never used the word "illegal" in this article. Illegal immigrants are the problem. Illegals immigrants should have only the right to be deported.
I sympathize with the illegals as they have no rights in their own country and they come here for the freedom and the money but, they are illegal. They cannot come to this country illegally and expect hard working American citizens to give a dip about their rights.
The ACLU is wrong...again.
Jun 4th, 2009 at 9:58pm
Although, I personally am so far to the left, that even the even the democrats appear to me to be "right-wing," I consider myself to be a strict constitutionalist. It is my opinion that since its inception there has been an organized and systematic assault by the conservatives in the United States on the civil liberties written into the US Constitution. The “War on Drugs”; “War on Terror”; “War on Communism” and a host of other wars waged by the right wing are really nothing more than a War on People--an excuse to erode civil rights to the point of non-existence. I invite you to my website devoted to raising awareness on this puritan attack on freedom: http://freethegods.blogspot.com/
Jun 8th, 2009 at 4:56pm
Why can't the ACLU and others get it through your heads, illegal immigrants have "NO RIGHTS" in this country. They are breaking our laws the minute they cross the border illegally. All they do is put more financial hardship on the American people. They deserve only one choice, go home. ACLU, you're protecting the wrong people.
Americans first!
Jun 10th, 2009 at 1:29pm
I would like to thank Mike for sharing
his parent's love story but I do wonder what this has to do with imigration.
Jun 11th, 2009 at 9:18am
immigrant does not mean illegal immigrant get it straight please. This mentality is separating parents from minor children for No good reason in so many cases. After 50 years of holding a green card and parenting legal US citizens I'd say the US is home to these people. The US is holding and deporting in record numbers. Do you feel safer???
Jun 11th, 2009 at 9:39am
The age-old pesky U.S.-Mexico border problem has taxed the resources of both countries, led to long lists of injustices, and appears to be heading only for worse troubles in the future. Guess what? The border problem can never be solved. Why? Because the border IS the problem! It's time for a paradigm change.
Never fear, a satisfying, comprehensive solution is within reach: the Megamerge Dissolution Solution. Simply dissolve the border along with the failed Mexican government, and megamerge the two countries under U.S. law, with mass free 2-way migration eventually equalizing the development and opportunities permanently, with justice and without racism.
To read the details, Google "Megamerge Dissolution Solution".
Jun 11th, 2009 at 12:29pm
This is so disgusting that this is even a topic. You people are the reason why family values are no longer the fore front of American society. Why don't you all go have a drink down at the nearest gay bar with Jeanine Garafolo, her personality alone is ugly. Stop this insane non-sence.Go reside in france where you don't have to worry about 1,2 amendment rights.You are the decline of western civilization and the world is laughing at us.
Jun 11th, 2009 at 12:42pm
And as far as Illegal Aliens scurring across the border like rodants, that's a crime. Don't give me the long story that "Oh well they were here before we were" that's a lie. It's a well known fact the the Spaniards bred with the local Indians and the Spanish are the ones that took the land from the natives in that region. Blame Cortez for the invasion.And now that they realize they are lack the knowledge or the understanding that civility is the key to development, they want to come here and rape the land of all people including those who are from the same country that came here legally.It's the ACLU that also wants to open the flood gates to more and more illegal Aliens and they should be brought up on charges for any illegal Alien that commits a crime in the U.S. because they endorse them.And if something doesn't sit well with the left all asudden that particular person is labeled a "racist", that's pathetic. Where is the outrage of what happened to the American Soldier that was murdered by the Muslim guy? There was none, why? because the far left doesn't think it's important enough but they think somebody that was persecuted for her beliefs on a question in a pageant is more important. Say goodbye to freedom and hello the facism and it's all your faults.
Jun 11th, 2009 at 7:32pm
#8 I am with you. Let's make Mexico the 51st State. I believe that would solve a lot of problems.
Jun 12th, 2009 at 1:45pm
Having competent counsel is a constitutional right, protected by the due process clause. While a lay person has the choice to represent themselves at trial, the reality is most individuals are not able to represent themselves competently in most court cases, let alone immigration law, where things can get complicated, and the stakes are incredibly high. They also have the right to competent counsel, which, unfortunately, too many unscrupulous "lawyers" (often times notaries pretending to be lawyers fraudulently) market their services to those in the immigrant community.
Jun 17th, 2009 at 10:28am
#11, thanks. Not one state but more like 10, since Mexico is 762K thousand square miles vs. 269K for Texas, and we don't need another Texas :)
If more people would read my proposal I know it can be made to happen in less than 5 years, because it's not leftist, rightist or middle of the bird, but a simple expansion of the U.S. with all political parties intact, and it's up to their recruiters to learn a little Spanish and get to work.
The real problem with Mexico is their cruddy corrupt government, and that's why Mexicans go through Hell to flee it and come to the U.S.. Until it is totally dissolved and the U.S. government extended there, the border has no solution, only endless temporary fixes that build grudges and fan racism.
Google "Megamerge Dissolution Solution" and take the time to read the article.
Jun 17th, 2009 at 11:53am
The anti-immigrant movement's simple rhetoric appeals to the simple minded. It may be hard for you to understand but deportation is an extreme consequence and the process for it should be balanced to insure that people are not deported illegally as they often are. Hundreds of thousands of people who face deportation are "legal" immigrants, others are seeking asylum and fleeing torture and persecution, even those without visas or green cards are human beings and have human rights that must be upheld. Of course this will not dissuade you from your simplistic arguments because they are a convenient cover for your racism.
Jun 18th, 2009 at 11:09am
Thanks Mike Krophone for that great analogy! I sent it on to family and friends. I could not have told that story any better. Way to go! I hope your story penetrates some who are still confused about this issue. This issue that should not have ever been an issue. Thanks again,
Mona
Jun 19th, 2009 at 7:02pm
Illegals are not citizens and don't deserve rights of citizens. Mexico can burn to ash and I wounldn't miss the detestable country. Oh we got to force Haitian immigrants and Candians. But if they are hispanic: cuban, mexican its okay: sounds racist in itself. Fact in Haitian/Cuban immigrant crisis: all haitians were deported while most of the cuban illegals take over florida.
Jun 26th, 2009 at 10:33am
I have a few observations about this debate that I consider essential to immigration reform.
First, the greatest enemy to reform is ignorance. The level of emotional resistance to immigration reform is drastically out of alignment with the reality of the issue. The opposition to any hint of amnesty is very similar in my mind to the knee-jerk resistance to granting marriage rights to same sex couples in parity with others. Slowly, over the past two decades (and amid the horrendous rise of bigotry associated with the presence of HIV) the will to hate has somehow eroded into tolerance. This was possible only through constant efforts by concerned citizens, mostly gay or lesbian to begin with, then later going more mainstream with people starting to take a look at the facts and say, well, this is not a threat.
Today I see the same level of emotional resolve against changing our perverse and unjust immigration policies. We cannot count on policy makers to bring this issue forward, since their survival in office depends on votes. Aliens cannot vote, and therefore represent very little political capital. My point is that human rights and economics alone are not enough to convince policy makers. We need to bring this issue forward constantly and make it a major political plank before politicians will do more than give lip service to the idea. In this sense, I agree that Obama has failed us.
Another critical factor to consider is stereotyping. Every single headline that screams "illegal alien rapes, kills, steals or whatever" will be used to represent the millions of people who are productive and valuable members of our society. We no longer see headlines that say "black man kills white man" but the parallel is there. Changing perception requires combatting the a priori assumption that immigrants with irregular documentation are somehow criminally minded and a threat. To do so, we must be positive, insistent, and tireless in our approach to pointing out the fallacies of stereotypes. We must come up with a unified stance and think critically about what we are proposing if we have any hope at all of achieving our goals of a society that truly extends Constitutional protections to all.