Taperman articles

Illegal Immigrants Detained

At any time, children as well as adult illegal immigrants can be deported. Forced removable from this country is deportation. If the illegal aliens perform criminal acts, they are deported upon conviction. If an illegal alien is caught, they are detained in a jail or similar settings untill the hearing for deportation takes place.

Because there are so many illegal aliens in jails at one given time, the process takes longer than it should. Money is also another cause for the slow down of deportation, it costs to deport every alien and the United States pays the expense. In many cases, the foreign countries will not allow the illegal alien back into the country. This contributes to more delays.

This causes more illegals to remain in jails for periods of longer than a year. This holds true for children as well. If aliens suspected of terrorist threat are caught, they spent years in jail without judicial processes or even a lawyer. They are held indefinitely without hope of trails.

The Current Status Issues

The Supreme Court, in 2001, ruled on the case for Zadvydas verses Davis, saying that the INS cannot detain immigrants for indefinite periods if they are ordered deported from this country, or for immigrants who could not return to their original countries. Although, we continue to see exceptions to the law whenever immigrants cannot be deported within ninety days.

 In 2003, John Ashcroft, Attorney General, defends the rights of the government to hold deportable immigrants indefinitely. He explained that illegal immigrants who come here illegally have no due process expectations. He released a decision for an eighteen-year-old immigrant who came over on a boat from Haiti to Florida for asylum in the States. The Bush Administration holds this practice acceptable.

Facts

Thousands of illegal immigrants that include children are held captive and most have only committed the criminal offence of being in the country illegally. People think about terrorist when they hear about an alien being detained, this is untrue in most cases. Some people consider illegal entry to this country as a criminal offense just as they do assault or thievery.

Bill Clinton signed a billed in 1996, allowing officials to deport green card holders for minor offenses as well as serious crimes. The bill allowed for people who were convicted of crimes as far back as to when they entered the country, to be held in jails indefinitely and deported.

Ever since the 1996 bill was signed into law, certain lawmakers have moved to ignore the law stating it was after the wrong people. Since the terrorist 9/11 attacks lawmakers are taking a harsher look at illegal immigrants, which is seen by the indefinite holding of suspected terrorists.

Terrorist suspects were granted the right to fight the grounds under which they were being held according to the Supreme Court in 2004.

Terrorist suspect issues continue to be a heated debate among lawmakers concerning detaining and deportation.

Some Arguments For

Most believe that allowing illegal immigrants back into society threatens national security and encourages other illegals to try and enter the country. They also believe that this sends a message that they can break laws and get away with it without punishment.

Some Arguments Against

It is not humane to keep children and adults who are only guilty of being illegal to sit in jails for long periods. Some of the children are sent to prisons for youths were there are killers and rapist along with drug dealers. Some even commit suicide before being deported.

Where Bush Stands

Bush agrees with this inhumane treatment and upholds Ashcroft's decision to detain aliens indefinitely.

Where Democrats Stand

John Kerry, Governor, has the Democratic Party behind him when he says; “the judges should have control over every individual case and can grant relief to those who deserve it along with the families.”

Author

Gus Taperman