Due process is essential to our country. While immigration matters often involve issues of life or liberty, the American system of justice does not provide basic due process protections for immigrants. In the ongoing debate about immigration, it is easy to forget important principles of justice and fairness.
Comprehensive immigration reform cannot be achieved without due process. What is fair process? “due process”What does it mean? It is the principle that all individuals are presumed innocent until proven guilty. This means that judges should have the discretion to decide whether someone is expelled from this country.
Our 1996 immigration laws were amended to remove many basic elements of due process, fairness, and equitability. Many long-term permanent resident have been forced to be detained. As a result of retroactive applications, people are currently being deported from crimes that were not deportable at the time.
Congress expanded the definition of “aggravated felony,”It made minor, nonviolent offenses such as shoplifting or writing bad checks felonies. It resulted in immigrants being deported for minor offenses, which were neither felonies nor aggravated and were therefore not grounds for removal.
People convicted for these minor offenses can face mandatory detention and removal from the U.S. with or without a hearing before any judge.
The current laws prohibit adjudicators from considering individual equities, such as how long individuals have been living in the U.S.A.; whether their spouses are U.S. citizens; whether their household is headed; their ties to their community, churches, and children’s schools; whether their homes or cars are owned or rented; or whether taxes or jobs they have.
This game is really about the lawful permanent resident and U.S. citizen children and spouses. Their lives are forever changed and their families split.
Current immigration laws do not fully uphold the principles of due process that underpin our entire legal system. This results in immigrants being denied basic justice and fairness. Now is the time to restore fairness, due process and to reaffirm these fundamental principles which are the heart of our vibrant democracy.
Donna Lipinski, associate director of advocacy and family for the American Immigration Lawyers Association, is responsible for due process.
