Know Your Rights/Conozca Sus Derechos
If you really want to stir up the pot, bring up the topic of illegal immigrants who break the law (like drunk driving, theft, dealing drugs, etc.). Man, do folks get pissed about that. It's an open invitation to talk about how bad things are with the immigration issue. I guess my problem with that is, they make it sound as though we'd be living in Mayberry if illegal immigrants weren't living here and committing crimes.
We all want criminals off the streets. And I'm all for deporting felons. But the truth and the beauty of this country is, if you live in the United States, you have rights. It's not my intention to defend criminals, save for their right to due process. What is important to me is that residents in the community are treated fairly and know their rights. We all know that poem, First They Came..., let's make sure that's not the road we're headed down when we speak of groups of people.
This PDF file is where I got the name of this week's post. It's an interesting read, and "... is intended to provide an overview of the rights an immigrant (whether here legally or not) or even a citizen may exercise if confronted by an immigration official."
"Some of these rights are guaranteed by the Constitution, and others have been developed through case law and statutes. Each state may have differing laws regarding some of these rights, and this packet should be adapted accordingly. A significant variation worthy of noting is the right to remain silent; although constitutionally guaranteed by the 5th Amendment, some states have adopted statutes requiring anyone stopped by state and federal officials to provide his or her name."
I got that (above) off of this site: www.ilrc.org
"The ILRC is a national resource center that provides trainings, materials and advocacy to advance immigrant rights."
We all want criminals off the streets. And I'm all for deporting felons. But the truth and the beauty of this country is, if you live in the United States, you have rights. It's not my intention to defend criminals, save for their right to due process. What is important to me is that residents in the community are treated fairly and know their rights. We all know that poem, First They Came..., let's make sure that's not the road we're headed down when we speak of groups of people.
This PDF file is where I got the name of this week's post. It's an interesting read, and "... is intended to provide an overview of the rights an immigrant (whether here legally or not) or even a citizen may exercise if confronted by an immigration official."
"Some of these rights are guaranteed by the Constitution, and others have been developed through case law and statutes. Each state may have differing laws regarding some of these rights, and this packet should be adapted accordingly. A significant variation worthy of noting is the right to remain silent; although constitutionally guaranteed by the 5th Amendment, some states have adopted statutes requiring anyone stopped by state and federal officials to provide his or her name."
I got that (above) off of this site: www.ilrc.org
"The ILRC is a national resource center that provides trainings, materials and advocacy to advance immigrant rights."
Labels: Immigration, law
posted by Karen at 7:50 PM
2 Comments:
One "arguement" I've heard is that when an illegal immigrant is arrested for breaking the law, they are automatically deported to their home country, where they are free to "slip through the border" again.
Nothing could be further from the truth. Any immigrant - illegal or documented - WILL be tried and sentenced just like a citizen. Due process of law is one of, if not the most important, principle this country is founded on.
Should an illegal immigrant be found innocent, or receive any sentence other than jail time, then it becomes an immigration issue and he/she will be processed as any other illigal immigrant. Should the immigrant - illegal or documented - be sentenced to jail time they WILL be jailed, after which deportation proceedings may begin (after appeals have been exhausted). Documented immigrants lose their status in most cases and also face deportation.
Here is where it gets sticky. The US wants and expects immigrant law breakers to complete their sentence in their home country. The US has treaties with several countries, including Mexico, that spell out the details. Generally, the US wants to transfer the immigrant to a prison facility in their home country. Should the US not have a deportation treating with the immigrant's home country, things get too complicated to discuss here.
There are glitches in this system. After the criminal immigrant is handed over to the law authorities of his/her home country, the US has no real control or influence on what happens next, in spite of the treaty. It's true that the foreign legal system may reduce the sentence. The US attempts to monitor the treaty and makes every attempt to insure that the treaty partners follow the agreement, but it's not a perfect system.
I am not saying that immigrants with criminal records, or running from authorities in their home country, don't enter the US illegally. But the situation is certainly NOT one of immediate deportation from the US following arrest (again, a violation of due process of law - everyone is innocent until proven guilty), no incarceration in the home country (or just "dumped at the border" as I've heard said), and immediate illegal re-entry into the US.
Tom, I had read your comments on a J&C article a few weeks back, and tried to track back to them, but couldn't. I'm glad you posted this here, because it's a lot of good information.
I searched for this information when I wrote the blog entry, but couldn't find what you've written. Again, thanks.
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