An Immigration Attorney’s Battle: The Fight To Correct False Labels About Immigrants
As a deportation defense attorney, I know the barriers immigrants face to obtain a fair trial in immigration court. They’re huge.
However, they’re small compared to the obstacles they face to get a fair trial in the arena of public opinion.
The deliberate misuse of labels about immigrants, which distort the immigration debate, have struck a chord with certain segments of the American public.
The Myth Of Illegal Immigration
Over the past two decades, I’ve watched the subtle growth in efforts to mislead the American public on immigration concerns. Especially on the issue of immigrants who lack valid immigration documents. And these efforts have struck a chord in the mind set of many citizens.
It is not uncommon, nowadays, to hear citizens assert, “They’re illegal immigrants.”
Each time, I try to explain why this view is incorrect.
The status of being in the U.S. without permission is a violation of law. The individual is not illegal.
As the Daily Kos appropriately noted, “No human being is illegal.”
The difference is not minor.
To assert a person is illegal leaves no room for discussion. They must be removed or kicked-out, no questions asked. On the other hand, to acknowledge the status of a person is unlawful leads one to the question, “What has caused this situation and how can it be fixed?”
More often than not, once this misperception is corrected, rational dialogue about our immigration system follows.
We may not agree on the solutions. But serious reflection is an important first step to finding answers.
Undocumented Immigrants Are Not Criminals
Once an immigrant is termed “illegal,” the next step is easy. If an immigrant is illegal, then they must be “criminals.”
Wrong again.
Undocumented immigrants are not criminals.
Immigration law is part of our civil system of justice – not part of our criminal law system.
In fact, as an immigration attorney in Riverside, San Bernardino, and San Diego, I know many, many undocumented immigrants who are merely one step away from obtaining lawful status.
An immigrant may be undocumented for many reasons:
- Entering the United States without permission
- Remaining in the U.S. after their visas have expired
- Waiting for their immigration applications to be reviewed
- Ignoring a judicial order to leave the country
Contrary to public opinion, none of these actions are crimes. They are civil law violations.
In short, there are no criminal penalties for these actions.
If an immigrant has violated any of these provisions, he can be apprehended and detained. He will be taken to immigration jail. In many instances, he will face immediate deportation.
Other times the government will need to start deportation and removal proceedings at immigration court. If the immigrant loses, the judge will order the individual’s deportation from the United States.
These are civil proceedings. Not criminal court hearings.
Unlike criminal defendants, immigrants facing deportation charges have no right to free counsel appointed by the court. Immigrants do not have the right to trial of a jury of their peers.
They do not even have a right to judicial review on certain types of appeals – and a lot of their supporting evidence will not be admissible at their trials.
Whereas criminal defendants have many legal protections, immigrants’ due process rights and procedural protections rights are minimal.
Immigration Lawyer As Immigration Advocate
In my view, many efforts to label undocumented immigrants as “illegal” or “criminal” immigrants are attempts to prevent serious discussions on hard legal, political, and social issues.
But you cannot resolve tough issues without honest dialogue.
If we fail to correct public misperceptions, we cannot expect genuine immigration reform. As an immigration lawyer and advocate, it’s my duty to fight for both.
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