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Eugene

(61,592 posts)
Mon Jan 29, 2018, 07:13 PM Jan 2018

Court: Immigrant children don't have right to free lawyer

Source: Associated Press

SAN FRANCISCO (AP) — Immigrant children are not entitled to attorneys paid for by the government when facing deportation, a federal appeals court ruled Monday.

The judges rejected a claim by the American Civil Liberties Union and immigrant groups that children have a constitutional due process right to a free attorney.

A system already exists to give the children a fair hearing, and requiring the government to provide free attorneys would be an expense that would “strain an already overextended immigration system,” a three-judge panel of the 9th U.S. Circuit Court of Appeals said.

The plaintiffs said many of the thousands of children the government seeks to deport each year appear before judges without a lawyer because they can’t afford one or find one to take their cases for free.

-snip-

By SUDHIN THANAWALA
1 hour ago


Read more: https://apnews.com/e0a75afdd410482e86baa3d0cef60bc3/Court:-Immigrant-children-don't-have-right-to-free-lawyer

18 replies = new reply since forum marked as read
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ripcord

(5,082 posts)
1. The problem lies in the classification of immigration laws
Mon Jan 29, 2018, 07:22 PM
Jan 2018

Being in the country without proper documentation is a civil and not a criminal action, the government isn't required to provide attorneys for civil proceedings. You would think that for some civil actions that are life changing, like deportation, eminent domain and the like it would be a requirement though.

AtheistCrusader

(33,982 posts)
9. It's an enumerated civil right. 6th Amendment.
Mon Jan 29, 2018, 08:07 PM
Jan 2018
In all criminal prosecutions, the accused shall enjoy the right…to have the Assistance of Counsel for his defence.

Honeycombe8

(37,648 posts)
11. Would be interesting to read the court's decision to see why it said this didn't apply.
Mon Jan 29, 2018, 08:24 PM
Jan 2018

The article I read didn't quote the judge's reasoning on that.

ripcord

(5,082 posts)
12. That is exactly the problem
Mon Jan 29, 2018, 08:34 PM
Jan 2018

Lacking complete documentation, eminent domain and civil forfeiture are civil actions not criminal prosecutions and aren't covered under the 6th.

Honeycombe8

(37,648 posts)
13. Oh, I think the reasoning is that this wasn't a "criminal prosecution."
Mon Jan 29, 2018, 08:34 PM
Jan 2018

It was a claim for asylum, which was denied.

The Hill says, "While criminal defendants, citizens or not, have the right to government-funded legal representation, that right doesn't extend to immigration cases."
http://thehill.com/latino/371253-court-rules-children-facing-deportation-have-no-right-to-court-appointed-lawyer

The actual court's decision is embedded in that article. The summary of that decision says:
"The panel held that it is not established law that alien minors are categorically entitled to government-funded,court-appointed counsel and, applying the three-part test setforth in Mathews v. Eldridge , 424 U.S. 319 (1976), held that C.J. had not shown a necessity for such counsel to safeguard his due process right to a full and fair hearing."

-and-

"The panel also rejected C.J.’s argument that the INA’sfair hearing provision, § 1229a(b)(4)(B), implicitly requires court-appointed counsel at government expense for all alien minors."

So the criminal prosecution protection was not even considered by the court, since it doesn't apply to immigration cases. It considered due process for a fair hearing.

yallerdawg

(16,104 posts)
3. Basic human rights we used to promote universally don't exist anymore.
Mon Jan 29, 2018, 07:25 PM
Jan 2018

Because it costs too much.

That sounds like a political party I know!

Igel

(35,191 posts)
5. By "any more" you obviously mean "decades."
Mon Jan 29, 2018, 07:34 PM
Jan 2018

This isn't new. It's been this way for years.

It's that way under (R) rule.

It was that way under (D) rule.

Fred Sanders

(23,946 posts)
4. Whether immigrant children entering without parents, seeking asylum, are entitled to lawyers
Mon Jan 29, 2018, 07:32 PM
Jan 2018

was not decided. The mother was at least here to protect the child's interests.

Tricky thing as no deprivation of liberty issue at stake.

"In a separate opinion, 9th Circuit Judge John Owens said the court was not ruling on whether immigrant children who come to the U.S. without their parents or guardians are entitled to free attorneys. Owens said that’s a different case that “could lead to a different answer.”

AtheistCrusader

(33,982 posts)
8. Wrong wrong wrong fucking wrong appeal that bullshit.
Mon Jan 29, 2018, 08:05 PM
Jan 2018
No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.


This has been settled case law for more than a hundred years, but a recent example is Zadvydas v. Davis (2001)

Honeycombe8

(37,648 posts)
10. Nothing in your quote requires the govt to provide them free attorneys, though.
Mon Jan 29, 2018, 08:16 PM
Jan 2018

That's the issue. Well, they're not free. The govt pays them. That court found that the law didn't require the govt to give them attorneys free of charge.

sinkingfeeling

(51,275 posts)
15. You know how to eliminate the expense of the immigration system?
Tue Jan 30, 2018, 09:27 AM
Jan 2018

Just stick with dealing with green cards, visas, and immigration. Stop arresting and deporting children.

christx30

(6,241 posts)
17. You don't get a lawyer for civil infractions,
Tue Jan 30, 2018, 02:11 PM
Jan 2018

only for criminal offences, if loss of freedom (jail or prison) is a possibility. It's like a speeding ticket or a citation for driving without insurance. Immigration and deportation are considered civil infractions.

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