Sources

Due 9/24/2023

Submit citations for at least 5 peer-reviewed sources that you intend to utilize for your problem statement paper.  Make sure that the sources are from the preceding 5 years.  Prepare a brief, (a few sentences), statement for each source explaining how the source will be used in your paper.  PLEASE UPLOAD A WORD DOCUMENT...

Guaranteeing Due Process of the Law in Immigration Detention Centers.

The issue at hand relates to the infringement of the fundamental principles of due process rights inside the immigration detention facilities situated in the borders of the United States. The concept of due process, a cornerstone of American legal philosophy, is enshrined within the Fifth and Fourteenth Amendments of the United States Constitution (Wuerth, 2019). This vital safeguard ensures that people are granted equitable and unbiased treatment by the government when confronted with the possibility of being deprived of their fundamental rights to life, liberty, or property (Wuerth, 2019). Within the framework of immigration detention, this encompasses the provision of adequate legal counsel, equitable and expeditious adjudication processes, and the establishment of compassionate and dignified circumstances for detainment.

Numerous reports and investigations conducted by esteemed institutions like the American Civil Liberties Union (ACLU), Human Rights Watch, and the Government Accountability Office (GAO) have meticulously documented a myriad of occurrences pertaining to infringements upon due process within immigration detention facilities. The aforementioned transgressions encompass a spectrum of infractions, spanning from insufficient provision of legal counsel to protracted periods of restriction devoid of a fair judicial proceeding, as well as the perpetration of cruel and degrading treatment on individuals held in custody (Ryo & Peacock, 2018). Neglecting to rectify these infringements on due process entails grave ramifications. Not only does it encroach upon the fundamental rights and inherent worth of immigrants, but it also erodes the very essence and soundness of the immigration framework (Ryo & Peacock, 2018). The occurrence of illegal detentions, limited availability of legal recourse, and the denial of procedural fairness can result in erroneous deportations, the separation of families, and unwarranted hardship.

Notwithstanding the numerous documentation pertaining to infringements on due process, there exists a dearth of comprehensive scholarly inquiry concerning the enduring socio-economic and psychological ramifications endured by individuals who are subjected to said violations within the confines of immigration detention. Additional investigation is imperative to delve into the precise obstacles encountered by susceptible demographics within the confines of immigration detention, including minors and asylum seekers, in order to cultivate more customized resolutions.

References

Ryo, E., & Peacock, I. (2018). A national study of immigration detention in the United States.  S. Cal. L. Rev.,  92, 1.

Wuerth, I. (2019). The Due Process and Other Constitutional Rights of Foreign Nations.  Fordham L. Rev.,  88, 633.