Are immigration detainees receiving unconstitutional treatment?

A recent article explored the treatment of immigrants who are being detained pursuant to the new administration’s policies. The findings are uncertain.

As background, several months ago the U.S. Justice Department announced it would be returning to government-run correctional facilities. The decision marked the end of the federal government’s trial with private prisons.

The decision was made after conducting an analysis. Authorities determined that private prisons did not offer a substantial savings in cost. A report from the Office of Inspector General further concluded that private prisons could not offer the same level of safety and security. Finally, private prisons also lack the programs and resources of governmental correctional facilities.

However, the Department may have to backtrack from its decision. Based on recent orders from the Department of Homeland Security, authorities may be preparing for increased arrest and detention of undocumented immigrants. Until their cases are resolved, those immigrants will be detained. To accommodate the volume, the orders also call for the construction of more jails along the United States’ southwest border.

As a law firm that focuses on immigration, we remind our clients that undocumented immigrants do have legal rights. The U.S. Constitution, as well as federal law, provide for civil protections. Specifically, immigrants have due process rights under the Fourteenth Amendment, regardless of their immigration status. For civil matters, that includes the right to receive notice and defend oneself in court.

If you are in trouble with immigration authorities, make sure you reach out to a law firm that has experience in protecting the rights of immigrants. Our lawyers have extensive experience in holding officials accountable for their treatment of immigrants.

Source: AZ Central, “Roberts: Immigration crackdown is golden for private prisons,” Laurie Roberts, Feb. 21, 2017