Immigrant detainment and the rights of immigrants
Every year thousands of immigrants are detained for minor reasons for an extended amount of time, even when the immigrant is a lawful resident or has been granted asylum.
April 17, 2013
Immigrant detainment and the rights of immigrantsArticle provided by Edward R. White, P.C.
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Immigration is currently a very big political issue in the United States. In the discussions surrounding immigration policy, politicians frequently talk about people who are trying, legally and illegally, to become residents of the United States simply to enjoy the opportunities that are unique to living in the United States. However, what politicians rarely discuss are the people who seek entrance to the country for no other reason but personal safety and the rights of those people once asylum is granted.
This is an issue that recently hit close to home, as Massachusetts residents may recall hearing about a young lady from Haiti who fled from Haiti to Canada and then tried to enter the United States to be with her children in Philadelphia. She fled from Haiti because of an abusive husband as well as political upheaval. When she got to the United States' border, it was discovered by border officials that she was using a fraudulent passport.
The lady was held in a Boston jail from October to February even though U.S. prosecutors dropped the charges against her, and after an asylum officer granted her asylum, determining that she possessed a credible fear of persecution if she were to be deported back to Haiti. She did not understand why immigration officers made her stay in jail after the charges were dropped and after she passed her asylum interview.
Immigrant detention
Until recently, there were over 35,000 immigrants detained in the US, some of whom were not required to be detained by law. Among those who have been unnecessarily locked up are asylum seekers, torture survivors, victims of human trafficking and lawful permanent residents who have committed minor crimes. In fact, the United States Immigration and Customs Enforcement detained more immigrants than they were mandated by Congress to have beds for. Congress currently requires ICE to have 34,000 beds to hold immigrants who, for whatever reason, face the possibility of being deported.
Recently, ICE released 2,228 immigrants from detention and started monitoring them in more cost-effective ways such as:
-Releasing them on bond
-Ankle bracelet tracking
-Phone monitoring
Immigrant rights advocates argue that 30,000 of the currently detained 35,000 detainees could be monitored in ways that are less expensive and more humane than the current imprisonment, as many of them do not pose a threat. The reason many detainees are currently being held is simply because they are awaiting a hearing before an immigration judge.
Immigrant rights
The 14th Amendment of the United States Constitution guarantees that all who live in the United States have a right to due process and equal protection under the law. The United States Supreme Court has confirmed that this right covers those on U.S. soil regardless of nationality, race, or citizenship status.
These rights are sometimes overshadowed by zealous detainment of immigrants for extended amounts of time. An immigrant who is being unnecessarily detained or who has any questions about his or her rights would benefit from contacting an experienced immigration attorney.