Examples Of Due Process Violations

Due Process Violations Central American families encounter overwhelming obstacles to due process in detention; for example, the process of expedited removal places families who are eligible for asylum at risk of deportation. Although refugees in removal proceedings have the right to legal aid, nearly 40% of all detention facilities are located 60 miles or from a metro area (Human Rights First, 2011). Because its difficult to access legal services, roughly 84% of women and children face their removal proceedings without representation (Srikantiah, Hausman, & Weissman-Ward, 2015). Although the immigration judge and opposing counsel are obligated to educate detainees on the asylum process, this seldom occurs. In addition to expedited removal, restricted phone access also presents a challenge to due process. Although the U.S. Department of Immigration and Customs Enforcement (ICE) maintains that detainees are guaranteed telephone communication with legal representatives, detainees have difficulty accessing legal counsel; for example, detention staff often restrict telephone access to evening hours and refuse to relay phone messages from attorneys (Grisez, 2015). Furthermore, facilities often charge costly telephone rates (e.g. $13 for a 15 minute call)
Additionally, DHS dramatically expanded its family detention facilities, which resulted in an average daily detainee population of 26, 374 people (Obama, 2014). Detention facilities have been labeled “family detention facilities,” falsely imply that environments are safe and welcoming; however, women and children are held in prison-like quarters and criminalized (Abrego, 2015). The practice of detaining women and children in penal facilities is clearly inappropriate and violates international standards. Family detention must end