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.

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