From the President’s Desk
December 2007

The Rights We Take for Granted-But Not for Immigrants
By Ralston Deffenbaugh, LIRS President

We take so much for granted in this country, both in terms of our rights as citizens and in terms of the limits on the power of government. In the immigration context, however, those rights all too often do not apply.

The right to liberty? (“No person shall … be deprived of life, liberty, or property, without due process of law.” —Fifth Amendment to the U.S. Constitution) Asylum seekers who flee persecution and seek freedom in our country are detained and held in immigration prisons or county jails while their case is being adjudicated. The right to bail or to release before trial? (“Excessive bail shall not be required.” —Eighth Amendment) In the asylum context, bail is usually not granted. If it is, it’s at the discretion of the Department of Homeland Security, though an individual can request a bond redetermination hearing before an independent judge. Many asylum seekers, particularly those in expedited removal proceedings, are considered “arriving aliens,” and they are not eligible for bond because they are being held under mandatory detention.

This article will appear in the season of Advent, the time of preparation as we await the coming of the Son of God into our weary world. At this time of year I remember that the joy of the Christmas story is followed shortly thereafter by the slaughter of the innocents and the Holy Family’s flight to Egypt. We can be grateful that the Egyptian immigration authorities of that day allowed Jesus, Mary and Joseph entry and refuge until it was safe for them to return to the Holy Land. Let me take this opportunity, dear readers, to wish you and your families a blessed Advent and Christmas!

The right to counsel? (“In all criminal prosecutions, the accused shall enjoy the right…to have the assistance of counsel for his defense.” —Sixth Amendment) Since most immigration proceedings are considered civil rather than criminal matters, there is no constitutional right to counsel. People in immigration proceedings are allowed the assistance of counsel, but unlike in criminal proceedings, those who cannot afford counsel cannot receive it at government expense.

The right to live as a family, and to protect the unity of the family? (“The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.” —Article 16(3) of the Universal Declaration of Human Rights) Not if a parent is undocumented. The parent can be deported even if his or her spouse is lawfully present in the United States, and even if their children are U.S. citizens.

The right to be secure in your home? (“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.” —Fourth Amendment) Not if the immigration enforcement authorities come. The Department of Homeland Security asserts that a warrant is not required if they are searching for an “illegal alien,” even if the search is of the home of a U.S. citizen.

It’s no wonder that immigrants are living in fear in this country—whether they are documented or undocumented—but especially if they are undocumented. And that’s why the work of immigration service providers is so important. Where will people with limited income turn if a family member has been detained? Or facing deportation? Or, on happier notes, if they want to petition for a spouse or child or parent to join them? Or if they want to legalize their status, or adjust to permanent residency, or apply for citizenship?

Read past articles.