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.

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.
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…

The Constitution Applies to All Americans, No Matter What They Are Accused Of

The Constitution Applies to All Americans, No Matter What They Are Accused Of

By Anthony D. Romero, Executive Director, ACLU at 12:28pm

Our country has been shaken by the events coming out of Boston in the past week. First, of course, there was the tragedy and loss of life...

Don't Be Fooled by New NDAA Detention Amendment

Don't Be Fooled by New NDAA Detention Amendment

By Chris Anders, Senior Legislative Counsel, ACLU Washington Legislative Office at 10:14pm

The Senate is once again debating the National Defense Authorization Act (NDAA), and is within a day or two of voting yet again on the issue of indefinite detention without charge or trial in the United States itself.

Last year, Congress…

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…

Immigration Detainees Have the Right to Due Process, Too

Immigration Detainees Have the Right to Due Process, Too

By Michael Tan, Staff Attorney, Immigrants' Rights Project, ACLU at 2:12pm

Alejandro Rodriguez’s parents brought him from Mexico when he was a baby. Prior to his detention, Alejandro earned his green card and lived near his extended family in Los Angeles, working as a dental assistant to support his two U.S. citizen…

U.S. Citizen Wrongfully Deported to Mexico, Settles His Case Against the Federal Government

U.S. Citizen Wrongfully Deported to Mexico, Settles His Case Against the Federal Government

By Esha Bhandari, Staff Attorney, ACLU Speech, Privacy and Technology Project at 12:15pm

Mark Lyttle, an American citizen with mental disabilities who was wrongfully detained and deported to Mexico and forced to live on the streets and in prisons for months, settled his case against the federal government this week.

Lyttle will…

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…

Children Shouldn’t Be Left Alone in Immigration Court

Children Shouldn’t Be Left Alone in Immigration Court

By Sandra Hernandez, ACLU of Southern California at 10:39am

Eleven-year-old Luisa was too young to apply on her own for a visa to come from Guatemala to the United States where she hoped to be reunited with her mother. But since federal immigration authorities detained her last year in Texas, Luisa has learned…

VICTORY! In San Francisco, Immigration Detainees No Longer Shackled

VICTORY! In San Francisco, Immigration Detainees No Longer Shackled

By Jenny Zhao, Liman Public Interest Fellow, ACLU of Northern California at 10:08am

Hard to believe, but until recently, all detained immigrants appearing in the civil immigration court in San Francisco were forced to give critical testimony while restrained by shackles and chains at the wrists, waist, and ankles. The inhumane practice…

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