- Special Report
Two Systems of Justice: How the Immigration System Falls Short of American Ideals of Justice
Published
There is a growing consensus that our immigration system is broken. Severe visa backlogs hurt U.S. businesses, undocumented workers are frequently exploited, and record levels of deportations tear families apart. While much energy is now focused on addressing these problems, one issue that is frequently overlooked is the structure and quality of justice accorded immigrants who are caught in the enforcement net. In reforming our immigration system, we must not forget that the immigration removal system—from arrest to hearing to deportation and beyond—does not reflect American values of due process and fundamental fairness.
The failure to provide a fair process to those facing expulsion from the United States is all the more disturbing given the increasing “criminalization” of the immigration enforcement system. Although immigration law is formally termed “civil,” Congress has progressively expanded the number of crimes that may render an individual deportable, and immigration law violations often lead to criminal prosecutions. Further, local police now play an increasingly active role in immigration enforcement. Consequently, even relatively minor offenses can result in a person being detained in immigration custody and deported, often with no hope of ever returning to the United States.
This special report is a product of the Immigration Policy Center and the Legal Action Center of the American Immigration Council. It lays out the the incongruency of America's criminal justice system and its immigration justice system, and provides recommendations for how these problems could be fixed.
Help us fight for immigration justice!
The research is clear – immigrants are more likely to win their cases with a lawyer by their side. But very few can get attorneys.
Introducing the Immigration Justice Campaign Access Fund.
Your support sends attorneys, provides interpreters, and delivers justice.
Immigration Justice Campaign is an initiative of American Immigration Council and American Immigration Lawyers Association. The mission is to increase free legal services for immigrants navigating our complicated immigration system and leverage the voices and experiences of those most directly impacted by our country’s immigration policies to inform legal and advocacy strategies. We bring together a broad network of volunteers who provide legal assistance and advocate for due process for immigrants with a humane approach that includes universal legal representation and other community-based support for individuals during their immigration cases.