**Immigration Legal System Does Not Protect Rights.**

[elleng]

Source: NYT/AP

'Nahuel Castrucci had no lawyer when he went before an immigration judge the first time, or the second time. He sat speechless and handcuffed as the judge was about to expel him from his own country.

That's when his mother jumped up in the courtroom and shouted, ''He's a citizen! He's a U.S. citizen! He shouldn't be here!''

She was right. Her outburst prompted the judge to ask for more investigation from lawyers, eventually leading to Castrucci's release.

The American judicial system deems everyone innocent until proven guilty and guarantees a fair hearing with a lawyer -- but not when it comes to immigration. Then there are far fewer rights. And as the system comes under pressure from a flood of new cases, the strain is showing.'



Read more: http://nytimes.com/aponline/2009/04/13/us/AP-Mistaken-for-Illegal-II.html

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IMPORTANT STORY

Appears to come direct from AP.

[provis99]

1. when dealing with DHS, Americans have no rights.

Not just illegal immigrants, not just green card holders, not just foreigners with a visa; Americans have no rights as far as the Department of Homeland Security is concerned.

[GOPNotForMe]

2. The reasoning is that immigration enforcement is an area of administrative law.

It's not criminal law and therefore a lot of the constitutional protections regarding criminal law don't kick in. It's like how you have few rights protecting you from the IRS. Not saying it's right.