Note: Left To Languish: The Importance of Expanding the Due Process Rights of Immigration Detainees

Note: Left To Languish: The Importance of Expanding the Due Process Rights of Immigration Detainees

By Maisie A. Baldwin. Full text here.

Modern immigration detention in the United States is nearly indistinguishable from criminal detention—and often, the same facilities are used to house immigration and criminal detainees side by side. Detainees in both systems may be held without bond and have severe restrictions on their basic freedoms. The Constitution, however, treats these groups differently regarding the scope of their due process rights. This Note addresses the disparities that immigration detainees face and proposes expanding the due process rights of immigration detainees.

This Note begins by tracing the development of certain due process rights in the criminal system. It then explores modern immigration detention, including the limited due process rights afforded to noncitizens. Because of the similarities between these two detention systems, this Note argues that due process protections should be identical. It illustrates how the current immigration system falls short of the needs of immigration detainees and explores various different solutions. Ultimately, this Note advocates that immigration detainees should be given the same access to the courts that criminal detainees currently receive.