We the People of the United
States, in Order to form a more perfect Union, establish Justice, insure
domestic Tranquility, provide for the common defense, promote the general
Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do
ordain and establish this Constitution for the United States of America. –
Preamble of the U.S. Constitution
The United States
Constitution, as we all know, is the foundation of our great nation. It defines
who we are as a collective people as well as articulates the rights and
responsibilities that we all share. Our Constitution was and remains a
masterpiece. Drafted by our
forward-thinking forefathers, it has helped our Nation advance in ways no one
could have imagined then, and has influenced the creation of constitutions of
many other nations since. While we take for granted these freedoms generally,
immigration lawyers have the unique privilege of being constantly reminded. Every client we help enter or remain in the
United States has a story, and every story boils down to freedom.
In a casual conversation
last week with a close friend (who happens to be an immigrant
himself), he mentioned to me in passing that he believed the Constitution only
applied to those individuals who are lawfully present in the United States. He stated that if the government wished to
seize property, what would stop it from seizing property owned by undocumented
individuals in the U.S.? When I questioned his statement he was surprised when
I informed him that the undocumented were also included as “People” in “We the
People…” and were afforded the same Constitutional rights as the rest of
Americans.
As surprised as he was, I
was astonished that he didn’t know this himself, especially given how frequently we discussed immigration issues. Upon further reflection I realized it was not
so farfetched for my friend to reach this conclusion. After all, he must have
been listening when I talked to him about my experiences defending immigrants.
My stories translated in his mind as follows:
Translation #1: Locked
doors = No Due Process
When my friend hears me
complain about having to wait outside of Immigration Court because the doors
are locked to visitors until my particular hearing is in session - he translated
that to “closed hearings”.
Translation #2: Lengthy
detentions = No Due Process
When I express my
frustrations after winning a case for a detainee, only to learn that even
though he is now a lawful permanent resident he has to remain in jail because
the government attorney that prosecuted him opted to appeal his case (for the 2nd
time), resulting in his detention for over one year – he translates this
as “justice delayed is justice denied”. (This particular detainee has yet to meet his toddler son, born shortly before his father's detention)
Translation #3: No Bail =
No Due Process
When I file two identical
motions requesting bond be set for my clients with the same Judge, a week apart, and one gets granted and the
other does not, and there is no explanation for the inconsistencies, he
translates that as the actions of an “impartial arbitrator”.
On paper, the 14th
Amendment to the U.S. Constitution safeguards us all from the arbitrary denial
of life, liberty, or property without due process of law. It holds that no States shall deny anyone equal
protection of the laws. While it was
clear to me that our Constitution belongs to us all, I now understand
why it was not clear to my friend. My experiences defending immigration detainees in
the real world painted a completely different picture.
A reminder to my friend, and to the
rest of us: The Constitution belongs to ALL of us, regardless of the color of
your skin, the language you speak, the religion you follow, or whether you
happen to carry a U.S. Passport. Any erosion of our Constitutional rights
is an erosion of the essence of who we are as a Nation. We are all obligated to
keep one another in check, to make sure that even when the winds of change
blow, we hold strong to the core values that make America great.
Hiba - This is such a great blog! It's scary how long these detentions are allowed to go on.
ReplyDeleteI wish this applies to immigrants in detention. The detention center in Lumpkin GA is a prime example of modern day slavery in United States. Immigrants are treated more like monetary instruments with complete disregard to the rule of law...these private detention facilities find as an avenue to make more than any other reasin.
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