Immigration and laws related to Immigration
Immigration
Background
Immigration has increased over the last years in the U.S. Measures have, as a result, been sought to curb the rising numbers. Strict measures have been instituted since President Trump took office in 2017 (Bachega, 2018). The debate, however, exists regarding the strictness of the immigration measures as regards due process and equal protection. Human rights activists, for example, have been against the detaining of immigrants for undefined periods. It is important to note that illegally crossing the U.S. border deems an individual an illegal alien. As such, the individual is detained and separated from any child or children accompanying the individual.
The constitution, under the Fourteenth Amendment, focuses on equal protection as far as the law is concerned (Cornell Law School, n.d.). It, therefore, means that immigrants naturalized in the U.S. have equal rights as any other American citizen. Depriving such a person, life, freedom, and property without due process is equivalent to breaking the law. It is in this regard that the undefined detention period of people is under debate. The purpose of the paper is to focus on immigration concerns as regards the separation of immigrants from their children.
Immigration
There are various reasons why people seek asylum in the U.S. War, and poverty is the primary reason why Central Americans, for example, from Honduras and El Salvador, seek refuge (Bachega, 2018). It is important to note that an immigrant must have proper immigration documents to be considered a legal immigrant. The lack of such documentation deems a person an illegal immigrant. The customs border patrol unit is responsible for ensuring illegal immigrants do not enter the country. Those individuals intercepted at the border are detained under the U.S. law. It is the detention issue that brings about contention. The Supreme Court recently endorsed the detention of immigrants waiting for deportation (Hurley, 2019). Arrest, in this case, is undefined and could extend to years. Such lengthy detention before deportation is what activists are fighting against.
Separation of Families
Due to the undefined prolonged detention period, child separation becomes an issue as well. Detention means that children are taken up in foster care or taken in by relatives living in the U.S. The separation of children from their guardians begs the question of equal rights and due process. The prolonged detention does not follow due process, especially in cases where the immigrant does not have a criminal record. Due process involves liberty, and liberty involves deporting the immigrants within the stipulated timeline. It is important to note that the extended detention period and ultimate separation of children are geared towards stricter immigration laws by the Trump administration.
It is interesting to note that a majority rule in favor of the new law. Under the law, immigrants released after serving prison terms could be detained immediately for an undefined period. However, under the Illegal Immigration Reform and Immigrant Responsibility Act, such an action would be against due process, thereby making it unconstitutional (Hurley, 2019). The separation of family units under such circumstances is deemed unconstitutional as well. Separation takes place in this regard for both legal and illegal immigrants. Legal immigrants with criminal records could be sent back to their country of origin after serving their prison term. Detention after prison release automatically translates to the separation of families.
Conclusion
It is important to note that dealing with illegal immigration is an essential aspect as far as security is concerned. As such, the U.S. has to take measures against an upsurge of illegal immigrants. The fact notwithstanding justice equal rights should prevail. The stringent standards are meant to deter immigrants, thereby decreasing the number of illegal immigrants crossing the U.S. borders. Equal rights to justice must, however, be enforced. Placing children under foster care due to detention spanning years is not only unconstitutional under due process and equal rights but inhuman as well. The U.S. is synonymous with civil rights. Such instances do not uphold and promote the civil rights movement but, instead, work against it.
Even though people seek asylum for genuine reasons such as violence, some people migrate for other purposes such as crime. Terrorism has, over the years, involved U.S. citizens from other countries. It is, therefore, vital to impose strict immigration measures. Strictness doe not, however, mean trampling on civil rights. Strictness should be within the constitutional boundaries and should promote civil rights as regards due process. Every individual in the U.S. in this regard should be accorded equal rights regardless of immigration status. The new Trump law allows the government to detain an immigrant at any time for an unspecified period. The action is, therefore, constitutionally legal, even though it fails to support civil rights for both legal and illegal immigrants. As a result, the separation of families’ remains on the rise as compared to previous years as a reunion with families remains undefined. The ultimate goal, which is to reduce immigrants, may be achieved in the long run. However, separation of families will increase in the meantime.
References
Bachega, H. (2018). Is U.S. only country to separate migrant children?. Retrieved 21 April 2020,
from https://www.bbc.com/news/world-us-canada-44374756
Cornell Law School. 14th Amendment. Retrieved 21 April 2020, from
https://www.law.cornell.edu/constitution/amendmentxiv
Hurley, L. (2019). Trump gets a U.S. Supreme Court victory on immigration detention.
Retrieved 21 April 2020, from https://www.reuters.com/article/us-usa-court-immigration/trump-gets-a-u-s-supreme-court-victory-on-immigration-detention-idUSKCN1R01TF