Throughout the past months, incidents of children getting separated from their parents at the border prevailed. The issue caused a spark within human rights organizations and experts of the law. They claim that the events deprived these individuals of their due process.
The Constitution safeguards the right to due process of law. It allows individuals to present themselves to an impartial body, such as the court and the judge. In the case of Zadyvdas v. Davis, the Court of Appeals ruled in the petition for certiorari that deported immigrants and the right to appeal these decisions.
Most recently, “Ms. L” filed a suit against the U.S. Immigration and Customs Enforcement at the United States District Court of the Southern District of California. “Ms. L” and her 7-year-old child got separated at the US-Mexico border, thus prompting her to take the incident to court.
The decision went in favor of “Ms. L” stating that separating children from parents while questioning their deportation was a violation of due process. It also mentioned that the government sectors should aid in protecting the minors, but instead they act in contrast to their duties.
Human rights organizations also protest the issues surrounding immigrants. The United Nations called on the immigration body to stop parent-children separation at the border.
It contends that not only does it violate the rights of the children but also pose a significant threat to their safety. US civil society groups also brought the reports to the UN. This clamor has led the latter to know of separation incidents since October.
To exercise their right to due process, law officers urge immigrants that they may choose to appeal through civil proceedings. During litigation, they have the privilege of having a lawyer and presenting the evidence they may adduce. The Board of Immigration Appeals under the Justice Department shall handle these cases.