Deportation and Due Process
The ÌÒ×ÓÊÓÆµworks in courts, legislatures, and communities to defend and preserve the individual rights and liberties that the Constitution and the laws of the United States guarantee everyone in this country.
The Latest
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Court Case
Court CaseTincher v. Noem et al.
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News & Commentary
News & CommentaryBorder Patrol Agents Replace Top Leadership at ICE Offices Despite Human Rights Violations
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Press Release
Press ReleaseImmigrants’ Rights Advocates Sue Trump Administration Over Fast-Track Deportation Policy
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Court Case
Court CaseMake the Road New York v. Noem
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What's at Stake
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.
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.