Date of Award

Spring 5-21-2022

Document Type

Honors Project

University Scholars Director

Dr. Christine Chaney

First Advisor/Committee Member

Dr. Alissa Walter

Second Advisor/Committee Member

Dr. Charity Osborn

Keywords

immigration, immigration law, due process, right to counsel, deportation, legal defense funds

Abstract

Immigration removal proceedings suffer from a lack of procedural due process protections for non-citizens facing deportation charges. This research examines constitutional due process framework, what it entails, and how it is to be fairly applied to non-citizens in the United States. Special attention is paid to ways the immigration court system is subject to unjust and biased procedures that make it difficult for immigrants to succeed in their removal cases. The main focus of this study is on the importance of direct legal representation in removal proceedings to support non-citizens and keep courts accountable for upholding the due process of the law. Case studies of immigrant legal defense funds and universal representation models, such as the New York Immigrant Family Unity Project, highlight current work to address disparities in legal representation and constitutional protections for non-citizens. Such studies also provide valuable lessons for how other jurisdictions can move towards implementing similar models to combat inequalities in immigrant removal proceedings.

Comments

A project submitted in partial fulfillment of the requirements of the University Scholars Honors Program.

Copyright Status

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Additional Rights Information

Copyright held by author.

Creative Commons License

Creative Commons Attribution 4.0 International License
This work is licensed under a Creative Commons Attribution 4.0 International License.

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