Jan 12 2009
Bush’s Parting Gifts to Immigrants
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In a ruling issued last Wednesday, the Bush Administration effectively ended an important legal protection for immigrants facing deportation. Issued by Attorney General Michael B. Mukasey, the decision states that immigration cases can not be reopened due to ineffective or incompetent legal representation. Mukasey argued that neither the Constitution nor statutory provisions guaranteed immigrants such a right since deportation hearings are not criminal or civil proceedings. Coming in the last days of the Bush Administration and going into effect immediately, the ruling has solicited criticisms from immigrant rights groups and the American Civil Liberties Union. Calling the move a “radical departure from years of legal precedent,” the ACLU warned that immigrants with legal standing may be deported unfairly. Meanwhile, another important immigration rule change went into effect last Friday that allows for federal agencies to take DNA samples from immigrants held in detention facilities. According to a spokesperson, the incoming Obama administration plans to review all of the Bush Administration’s last minute regulatory changes including those surrounding immigration policies.
GUEST: Lee Gelernt, Immigrants’ Rights Deputy Director for the American Civil Liberties Union. For more information, visit www.aclu.org.
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