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Conditions:
• In detention, immigrants facing deportation are often unable to access counsel, placing them at great risk because immigration laws are among the most complex and confusing in the American legal system. Without representation, immigrants are subject to proceedings that are fundamentally unfair. Consequently, without counsel, they are deprived of due process.
• Immigrants are often transferred from one facility to another, which interferes substantially with access to counsel as well as to family members who could help them in providing documents necessary to present their case.
• Immigration detention is considered “civil” not “criminal” which means that detained immigrants have fewer rights than those accused of crimes.
Applicable Human Rights Instruments:
• All are entitled to equal protection by law without any discrimination (Article 7 UDHR).
• “All persons shall be equal before the courts and tribunals” (Article 14-1 ICCPR).
• “Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him” (Article 10 UDHR).
• Everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law (Article 14-1 ICCPR).
• “Any judgment shall be made public”, except in the interest of children (Article 14-1 ICCPR).
• A person shall be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him (Article 14-3-a ICCPR).
• A person shall have adequate time and facilities for the preparation of his defense and to communicate with counsel (Article 14-3-b ICCPR).
• The free assistance of an interpreter should be provided if the person does not speak or understand the language used in court (Article 14-3-f ICCPR).
Universal Declaration of Human Rights (UDHR)
International Covenant on Civil and Political Rights (ICCPR)
