Deportation and Due Process
The immigration system contains an unnecessary and unconstitutional lack of rights that is unheard of in the criminal justice system. No one should be in immigration detention without a constitutionally adequate bond hearing in which the government bears the burden of showing that detention is necessary—to protect against danger to the community or flight risk—and that no alternative release conditions would suffice.
The United States also has mandatory and disproportionate deportation laws that needlessly separate families. Reform should restore discretion to consider the equities in every individual’s case. Reform should also ensure access to counsel in immigration proceedings, as effective judicial review is an integral component of due process. More than half of individuals in immigration court proceedings are currently unrepresented, including 84 percent of those in detention.
- Blog Post - Speak FreelyApril 23, 2018
- Blog Post - Speak FreelyApril 19, 2018
Hamama v. Adducci - Petitioners’ Response Brief on Government’s Appeal of Preliminary Injunction on Detention IssuesLegal DocumentApril 13, 2018
- News/Press ReleaseApril 6, 2018
- Blog Post - Speak FreelyFebruary 27, 2018
- Blog Post - Speak FreelyFebruary 26, 2018
- Blog Post - Speak FreelyFebruary 6, 2018
- Know Your RightsFebruary 12, 2017
- CaseJanuary 2, 2018
- Blog Post - Speak FreelyNovember 16, 2017
- CaseJanuary 5, 2018