THE RIGHT TO DUE PROCESS IN IMMIGRAYTION CASES
For immigrants in the United States, one of their biggest problems is being detained by U.S. Immigration and Naturalization Services. Unfortunately, thanks to separate acts passed more than two decades ago, this problem has only gotten worse. Along with the Anti-Terrorism and Effective Death Penalty Act, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 have combined to more than double the number of immigrants in detention. While there have been multiple reasons why this continues to be a problem, two of the most concerning are mandatory detention of non-citizens who are waiting on decisions as to whether or not they will be deported, and also indefinite detention of non-citizens who have been ordered removed from the U.S., yet have no countries willing to accept them. Should you be facing these situations, consult immediately with a Los Angeles criminal and immigration lawyer from Alami Law. For individuals in mandatory detention, it’s clear their right to due process is being violated. Under the above-mentioned acts, immigrants are allowed to be held in mandatory detention for what are considered negligible offenses, such as minor drug offenses. To make matters worse, Congress has over the years expanded the list of offenses and definitions of certain crimes that allow INS to use mandatory detention. Along with putting the individual in detention under great stress, this also places an unfair burden on the person’s family. If you or a family member are having the right to due process violated by mandatory detention, contact a criminal immigration attorney in Los Angeles at Alami Law.
Mandatory Detention Rarely Results in Deportation
While it may sound as if those kept in mandatory detention are likely deported from the U.S., the opposite tends to be true. In fact, most people are given relief from the possibility of deportation due to courts determining they are not considered a flight risk. This makes sense for many reasons, the primary one being that a lawful permanent resident remains eligible for naturalization depending on various circumstances, even if they have been found to have committed an “aggravated felony.” Since they are no danger to the community and have obvious reasons to appear for an immigration hearing, mandatory detention makes little sense in these situations. Thus, if you have had INS agents tell you deportation is inevitable, do not believe them. Instead, have your rights protected by working with Alami Law, an immigration lawyer for criminal defense in Los Angeles.
Mandatory Detention is Excessively Expensive
In the U.S., it costs taxpayers over $500,000 per day to detain aliens in local and state jails and prisons. As it is with other aspects of this law, this makes little sense. To begin with, most of those individuals detained are long-time U.S. residents, have families, and are not considered flight risks or threats to their community. But perhaps most disturbing, those held are often subjected to such conditions as overcrowding, lack of clothing, little if any access to medical care, and poor nutrition while in detention. In addition, language barriers often exist while in detention, since many correctional officers lack knowledge of a second language to address the needs of detainees. Rather than be subjected to these conditions, turn to criminal immigration defense in Los Angeles from Alami Law for assistance.
Just as it sounds, indefinite detention refers to keeping a person detained indefinitely in a jail or prison until it is determined if they will be deported. However, since few people in this form of detention are usually deported, this is in fact yet another violation of the individual’s constitutional rights. Often referred to as “lifers,” the majority of these detainees come from such nations as Vietnam, Cuba, Iraq, and even the former Soviet Union. If you or a loved one are having constitutional rights violated by indefinite detention, contact an immigration lawyer in Los Angeles at once.
What Happened to the Six-Month Limit?
Up until 1990, indefinite detention simply did not exist in these situations. Instead, there was a six-month limit on INS being able to detain non-citizens who had a final deportation order. However, once Congress created its new laws, exceptions to this limit were created and eventually used to overtake any detention limits that may have been in place. As it is now, many immigrants are serving essentially life sentences, even though they have long finished serving time for any crimes they may have committed. However, with no limit in place, INS now has the authority to hold people for as long as they wish, without any repercussions. Rather than let your life or that of a loved one pass by under these circumstances, turn to a Los Angeles criminal and immigration lawyer. By working with Alami Law, you can have a criminal immigration attorney in Los Angeles who has the experience and knowledge needed to take on the U.S. government and win your freedom.
As the practice of indefinite detention has come to the attention of more and more people in recent years, the good news is that many courts are now starting to rule against this policy. In fact, many federal district courts, as well as the Ninth Circuit Court of Appeals, have ruled indefinite detention of people with no realistic chance of removal from the U.S. is indeed unconstitutional. Since you will need an immigration lawyer for criminal defense in Los Angeles who is familiar with these rulings, contact Alami Law immediately.
A Possible Solution
To solve this problem, Congress has attempted to pass the Restoration of Fairness in Immigration Law Act. Aimed at reigning in the power of INS, this legislation would allow individuals to be released under direct supervision and also end mandatory detention of persons with pending immigration cases. Since you will need a skilled immigration lawyer in Los Angeles to help with these matters, schedule a consultation with Alami Law. Once you do, you can discuss your case in greater detail with criminal immigration defense in Los Angeles who will fight hard to protect your rights.