Lack of Due Process for Immigration Detainees

The right to due process of the law is something that we take for granted as Americans. Although at times we may not feel that due process is achieved or that the criminal justice system is perfect, it is generally accepted and expected that due process is a right and is the goal. Except for a few limited rights specified in the Constitution, the rights this country is founded upon are not granted only to American citizens. They are extended to all within our borders. They are meant to give people peace, security, hope, and the structure they need to be happy, productive members of society. Because of these guiding principles and beliefs the United States has welcomed many waves of immigrants—people who made sacrifices to leave behind past circumstances, full of hope for a better life in a new home. This has occurred for centuries. Why then, is there a question about whether we will welcome and protect those fleeing from the direst of circumstances?

The Trend to Disregard Immigration Detainers

Immigration detention is a topic of growing concern to Americans because of the current surge in undocumented immigrants coming to and residing in the United States. National news coverage is full of stories about the dilemma of having too many detainees and not enough beds. Undocumented immigrants can be put in detention while they are waiting for their cases to be heard. This is true for people who come to the border and ask for asylum, as well as hardened criminals who are in deportation proceedings because of their criminal convictions. The numbers are increasing, and finding resources to keep up is proving difficult.