Court denies immigrants the right to a lawyer during accelerated deportation

Photo: depositphotos.com

The Federal Court of Appeal ruled that immigrants who were detained shortly after illegally entering the country do not have the right to a lawyer for accelerated deportation.

Most immigrants who are in the process of preparing for deportation have the right to be tried by an immigration judge, where the interests of the illegal are represented by a lawyer who is paid by his client. According to the 1996 Law of the Year, migrants who were immediately caught on the American side of the border should participate only in brief trials with an immigration officer who can dispose of deportation of anyone without relevant documents.

The law does not apply to those seeking asylum due to political persecution.

More than 192 thousands of accelerated deportations were carried out in the 2013 year, according to the government data given in the resolution on Tuesday, February 7. In 2004, the administration of President George W. Bush made changes according to which an immigration officer could deport an immigrant if he was caught less than 100 miles (160 km) from the US border within 14 days since it crossed.

However, the law will now allow the Trump administration to deport immigrants who crossed the 2 border a year ago and live anywhere in the US, without the right of a lawyer.

The case concerned Rufino Peralta-Sanchez, who entered the United States from Mexico in 1979, at the age of 20. He received legal status in 1986 year and has 3 US children, but he was deported in 1999 year after he was in prison for drunk driving and 5 years before the US Supreme Court ruled that the crime it was not violent and could not be a reason for the deportation of a legal resident of the United States.

Peralta returned to the United States several times and received a prison sentence for repeated illegal crossing of the border. After an accelerated deportation in 2012, he returned again and was caught, convicted and sentenced to 3,5 years in prison.

The Ninth Circuit Court of Appeals for the United States in San Francisco rejected Peralt’s lawsuit on deportation in 2012 due to a lawyer’s non-admission.

Providing legal representation would make the case more expensive for the government, Judge Jay Baibi said.

In turn, Judge Harry Pregerson noted that the research revealed numerous errors in the process of accelerated deportation without a lawyer. Here are some of them: the inability to advise immigrants about their rights or asylum. A lawyer can restore some level of justice.

Peralta's lawyer, Kara Hartzler, said she would file a new lawsuit in the appeals court.

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