Litigation

Deportation Ruling Encroaches on Courts

By Charlie Hall

NOTE: THE FOLLOWING COMMENTARY WAS WRITTEN BY DEANNA DAWSON, JUSTICE AT STAKE’S NEW DIRECTOR OF FEDERAL AFFAIRS.

In a move decried by immigrants? rights lawyers as a ?midnight” change and an example of ?disregard for fundamental principles of due process of law,? Attorney General Michael Mukasey issued a decision this week limiting the rights of immigrants to challenge their deportation on the basis that they were denied effective assistance of counsel.

The attorney general?s decision in Matter of Compean, is a prime example of executive branch intrusion into matters within the judicial branch’s purview. While Congress has granted to the Attorney General the power to administer and enforce the Immigration and Naturalization Act, it is the role of the courts to interpret the Constitution.

The decision, issued  Jan. 7 (less than two weeks before the change in administration),  overturns over two decades of Board of Immigration Appeals (BIA) precedent recognizing a constitutionally protected right to effective assistance of counsel. The same right has been upheld by the federal courts.

“Days before President-elect Obama takes office, the Bush Justice Department has taken another step to undermine the fundamental rights of a uniquely vulnerable group,”  ACLU Immigrants’ Rights Project Director Lucas Guttentag said in a press statement. ”This cries out for reform to preserve the core values of equality and fairness.” (more…)

Full post as published by The Gavel on January 10, 2009 (boomark / email).