As a nation founded by immigrants and built on the rule of law, the United States must balance the challenges of controlling borders and protecting national security with the interests of protecting civil liberties and ensuring due process for immigrants.
As the national voice of the legal profession, the ABA has a unique interest in ensuring fairness and due process in the immigration enforcement and adjudication systems. Despite the fact that immigration matters routinely involve issues of life and liberty, the administrative system of justice that exists for immigration matters lacks some of the most basic due process protections and checks and balances that we take for granted in our American system of justice.
The ABA supports measures to improve the immigration court system and to increase due process safeguards, including access to counsel, for those in removal proceedings. The ABA opposes mandatory detention of those in removal proceedings, supports alternatives to detention, and supports strengthening and fully implementing the ICE National Detention Standards.