Due Process

Due process is what separates a democracy from a police state. As the Fourteenth Amendment of the Constitution states, the government shall not "deprive any person of life, liberty, or property" without first having a fair chance to defend themselves.

Big Government v. Traumatized Defenseless Children = Justice?

Big Government v. Traumatized Defenseless Children = Justice?

By Joanne Lin, Washington Legislative Office at 1:26pm
Imagine a child alone in immigration court – defenseless – representing herself against a government prosecutor, standing before an immigration judge, and trying, in a language she does not speak, to make a case for her life. Unfortunately, this horrifying scene takes place regularly across the country and Congress is currently debating legislation that could make an unhappy ending to this scene even more likely.
For Some Families Fleeing Violence, a Shot at a Fair Shake

For Some Families Fleeing Violence, a Shot at a Fair Shake

By Daniel Galindo at 4:56pm

When I met Milagro* and her two toddlers just a few months ago, they were locked up in a makeshift federal detention facility in the desert of Artesia, New Mexico, awaiting imminent deportation to Honduras – a near certain death sentence in light…

Detained for the Holidays

Detained for the Holidays

By Michael Tan, Staff Attorney, Immigrants' Rights Project, ACLU at 10:44am

This fall, Zadia* and her son Jose* came to the United States to escape years of physical abuse by her common-law husband. With the help of members of their church, Zadia and Jose fled Honduras. But rather than find refuge, they have been locked up…

The United States Admits It Crossed a Line. That’s the Least of It.

The United States Admits It Crossed a Line. That’s the Least of It.

By Sarah Mehta, Researcher, ACLU Human Rights Program at 12:54pm

On Wednesday, the United Nations Committee Against Torture began its review of the United States’ record on torture—not only at the infamous Guantánamo Bay but closer to home, in our prisons, police forces, and immigration facilities.

The…

Why is the U.S. Deporting Families it Should be Protecting?

Why is the U.S. Deporting Families it Should be Protecting?

By Sarah Mehta, Researcher, ACLU Human Rights Program at 9:49am

This year, when a large number of families and children arrived in the United States seeking protection, the U.S. government's primary response has been to expand family detention and accelerate deportations.

This Monday, the ACLU and other…

How Can a 3-Year-Old Represent Himself in Court?

How Can a 3-Year-Old Represent Himself in Court?

By Beth Werlin, American Immigration Council & Kristin Macleod-Ball, American Immigration Council at 5:28pm

Each week, in immigration courts across the United States, hundreds of children, some as young as 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…

Scholars Evaluate the Cost of Locking Up Immigrants For Months and Years on End. The Results Are as Bad as You'd Expect.

Scholars Evaluate the Cost of Locking Up Immigrants For Months and Years on End. The Results Are as Bad as You'd Expect.

By Michael Tan, Staff Attorney, Immigrants' Rights Project, ACLU at 4:49pm

In 2012, the government put a record-breaking 478,000 people behind bars while seeking to deport them from the United States.

Many of them are seeking refuge from persecution; others are long-time lawful permanent residents with U.S. citizen…

DHS Argues It Has Evidence That Locking Up Immigrant Families Deters Migration. One Problem: It’s So Wrong.

DHS Argues It Has Evidence That Locking Up Immigrant Families Deters Migration. One Problem: It’s So Wrong.

By Eunice Lee, Detention Attorney, ACLU, Immigrants' Rights Project at 10:02am

The Department of Homeland Security (DHS) continues to claim both the incredible and the disgraceful: that Central American mothers and children fleeing danger pose a "national security" threat to the United States and must be locked away.

Relying…

Mothers and Children Fleeing Violence Need a Fair Chance

Mothers and Children Fleeing Violence Need a Fair Chance

By Mitra Ebadolahi, Border Litigation Staff Attorney, ACLU of San Diego & Imperial Counties at 1:05pm

Imagine this: Several months ago, a young mother realized that if she didn't leave home, she would be raped, murdered, or both. She had two young children – an infant and a toddler – and few resources. She knew she couldn't count on the police…

Death and Abuse at the Southwest Border

Death and Abuse at the Southwest Border

By Lia G. Melikian, ACLU at 4:20pm

As Congress debates how to respond to children's migration from Central America, we must not forget that Customs and Border Protection is in dire need of improved oversight and accountability. Here are three examples of how the system is failing and…

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