Thread: Immigration legal system does not protect rights

Immigration legal system does not protect rights

Associated Press - April 13, 2009 1:15 PM ET

WASHINGTON (AP) - Nahuel Castrucci (kas-TROO'-chee) had no lawyer when he went before an immigration judge the first time - or the second time.

He sat speechless and handcuffed as the judge was about to expel him from his own country. That's when his mother jumped up in the courtroom and shouted, "He's a citizen! He's a U.S. citizen! He shouldn't be here!"

Her outburst prompted the judge to ask for more investigation from lawyers, eventually leading to Castrucci's release.

The American judicial system deems everyone innocent until proven guilty and guarantees a fair hearing with a lawyer - except when it comes to immigration. Then there are far fewer rights, and the strain is showing as the system comes under pressure from a flood of new cases.

One result is that U.S. citizens arrested as illegal immigrants or deportable residents can't count on the legal system as a safety net. The odds are stacked against them.

Those who go through the immigration legal system can be arrested without a warrant. They aren't read their rights unless it's a criminal case. They don't get a lawyer unless they can pay or find one who will work for free. They can be deported without hearings. And until this January, they didn't get a free phone call.

Copyright 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

http://www.kdbc.com/Global/story.asp?S= ... enu608_2_5

Why did the AP run this? This is dramatic spin at its finest.

They talked all this crap and did not say, immigration cases are civil cases and each one of the points they made, refers to criminal cases.

Criminal cases you have a right to council, you are marandized upon arrest and the burden of proof is on the prosecutor. Not so in civil cases.

They can be deported without hearings.

Yes, if they are within the border catch and release region.

Dixie

I find that article is untrue. Living in Miami which is full of illegals you hear people going to immigration hearing to avoid deportation all the time. In fact people put on the blogs that those appeals should be limited and end. When I went to school on a student visa we were given a paper on what the laws were for us. They were no different than any legal resident or citizen. I wonder if that article is LaRaza propoganda. I will try to see if I can find the information for international students that I had in the past and if I find it I will post it.

Devils advocate here. I wasn't arrested, but charged with theft. I wasn't accused of stealing anything, but giving refunds to people who showed me a license that was bogus. I had no means to check the validity of the license, and company policy that said I must refund it if they showed me these documents. MONTHS later, those in "security" found the licenses, they mandated I accept, and accepted, were bogus. 68 dollars worth. Nightly, I had a log book where I noted every single one of these people and reported to security. That book disappeared. All of us....I mean every single person with my status, were charged. NONE convicted, because our rep said, plea guilty, pay your fee, do your community service and go. I did. I paid the 68 bucks, a 150 dollar "theft class", 3 months of probation and 15 hours of community service. I didn't steal a dime, I warned them, HAD documentation, did everything asked of me.....but I have a "record".....simply because I was charged....not convicted.

Like, I suppose these people were.....I was told to weigh the options. 200 right off the bat for a trial, lawyer fees, since I wanted to object to my "free" help, the book we all recorded on was gone and we had no proof we didn't do it....." Pick....none of us were lawyers, couldn't afford one and were left to the guidence of our government. They said plea, no contest and go from there. It was cheaper, and really, no big deal......unless of course you work in that field. They not only abuse legals, illegals, but poor citizens as well. Jose the illegal, child rapist and robber from Mexico, has a better chance of getting a job here than I do.


Mind you, this was the pre-identity theft era, where this was thought to be impossible..........