llegal Immigration Reform and Immigrant Responsibility Act of 1996.
“Just because you don’t see a judge doesn’t mean you aren’t receiving due process,” Sanders said.
Under the expedited removal process, immigrants who have been in the country illegally for less than two years and are apprehended within 100 miles of the border can be deported almost immediately without going through a court hearing.
“In immigration court, you have very few rights,” said John Gihon, an immigration attorney who spent six years as a prosecutor for U.S. Immigration and Customs Enforcement before moving into private practice.
Gihon says the bar for what constitutes evidence is lax in immigration court. Documents do not have to be authenticated, and hearsay, a statement made by someone outside of the court, as opposed to on the witness stand, counts as admissible evidence. Hearsay is not allowed in most U.S. courts.
“In the majority of cases, it’s a lock solid 100 percent guaranteed conviction because there is little defense, and most would confess they crossed the border illegally,” Gihon said.
Because most deportation proceedings are civil rather than criminal cases, the right to legal counsel often doesn’t apply.
Under the law, anyone facing a criminal charge has the right to counsel. However, the government is only required to provide counsel if the person is accused of a felony. Crossing the border illegally is a misdemeanor.
just a few snippets from the article
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