Due Process Violations in Detention and Deportation

This video illustrates how United States detention and deportation policies fail to meet international standards for due process established, among other places, in the American Declaration on the Rights and Duties of Man. Created by a nationwide coalition of documentarians and legal practitioners, it was edited by University of Pennsylvania law students for a general thematic hearing before the Inter-American Commission on Human Rights presented October 28, 2008.

VIDEO CREDITS
We would like to thank the following institutions and individuals for their contributions to our presentation.



IN ORDER OF APPEARANCE


Operation Community Shield
Department of Homeland Security Immigrations Customs and Enforcement
http://www.ice.gov/pi/news/factsheets/opshieldfactsheet.htm


Voices from a Raid
American News Project
http://americannewsproject.com/node/88


New Haven Raids
David R. Koff
http://www.newhavenraidsvideo.com


Child Describing Effects of Postville Raid
Centro Legal
http://www.centro-legal.org/


An Employee Breaks Down
Peter Pereira
http://peterpereira.com/index.html


New Bedford Documentaries
Jenny Alexander for the Mira Coalition
http://www.miracoalition.org/home/new-bedford-immigration-raids


A Youngster Whose Father was Detained
Peter Pereira
http://peterpereira.com/index.html


Maria Escotto and her Daughter
Peter Pereira
http://peterpereira.com/index.html


Deportation without a Day in Court
National Immigration Justice Center
http://www.immigrantjustice.org/blog/detentionblog/deportation-without-a-day-...


Special Thanks to
Professor Sarah Paoletti and Matthew Erie, University of Pennsylvania Law School


Edited by
Maisha Elonai, University of Pennsylvania Law School

Category:

Nonprofits & Activism

Tags:

• Immigrants
• rights
• detention
• deportation
• due
• process
• workplace
• raid
• home
• stipulated
• orders
• of
• removal
• Department
• Homeland
• Security
• CBP
• ICE
• DHS
• Postville
• New
• Bedford
• Haven

[queerthanqueer]

Hello! I edited parts of this video for a class project i did (gave you proper credit). Feel free to check it out: (bit.ly /ICERadAct)

[PedroyItatiFan]

UGH I HATE 2010 WORST YEAR OF MY LIFE (At least My Family Gots papers To stay in u.s.a)

[b0219u]

The threat to security or public safety is where these people get hemmed up. Many times you have issues of Identity theft, drunk driving, and possession of fraudulent documents, which is considered a public safety issue, all punishable with incarceration and/or deportation. These people know full well they broke the law, yet they have this look on their face like "what did I do." ICE is doing a great job.

[ualaw77]

Actually, it's a bit more complicated than that, and the Government does not have an unfettered power to detain. We still have habeas corpus in this country. If the alien is not charged with a CRIME (and again, unlawful presence and unlawful entry are not crimes unless they occur after a prior removal) or found to be a flight risk, a terrorist, a spy, or a threat to security, then the Government MUST release him pending administrative proceedings.

[dafy1978]

do your home work first and then talk beatch!!!

[dafy1978]

damn right man!!!!!!

[b0219u]

Yes it is a violation of the civil code, punishable by removal. If you are in custody of the government, you are subject to whatever custody methods they choose to enforce, regardless of civil or criminal code violation.

The degree of detention is based upon the level of flight risk, in this case, it would be very high. If you need further help with any explanations I am here to help.

Job well done ICE.

[ualaw77]

You are clearly not an attorney. Unlawful entry and unlawful presence are NOT crimes (unless the unlawful entry occurs after a prior removal). They are violations of the CIVIL CODE, NOT THE CRIMINAL CODE. If you're going to try to cite the Patriot Act or to speak of the Constitution, please do your homework.

[b0219u]

The Patriot Act allows law enforcement to conduct a search if there is probably cause. In this case, if someone is illegal, that is enough. Well, they came here illegally, they broke the law, they are going to pay the price.

There is nothing Unconstitutional about putting belly chains on someone if they are a criminal. It sucks, but it is perfectly legal.

If you come here illegally and break our immigration laws, you are going to pay the price.

[SpeakingMyMind7]

that's what happens when you live in a white neighborhood where ur not welcome....

that'll never happen if you live in East Los Angeles...where 99% are wetbacks...lol