There are some misunderstandings about the rights of asylum seekers once they enter the U.S.
For easy retweeting and argument settling here is the law:
“The Due Process Clause applies to all ‘persons’ within the United States, including aliens . . .
1/ . . . whether their presence here is lawful, unlawful, temporary, or permanent.” Zadvydas v. Davis, 533 U.S. 678 (2001)
About child separation, the law is also straightforward . . .
2/ Due process, including a fair hearing on parental fitness, is required before the government can interfere with a parent’s right to raise his or her own child. Santosky v. Kramer 455 U.S. 745 (1982) https://supreme.justia.com/cases/federal/us/455/745/ …
Moreover . . .
3/ “The fundamental liberty interest of natural parents in the care custody, and management of their child is protected by the 14th Amendment, and does not evaporate because they. . . lost temporary custody of their child to the State.” Santosky v. Kramer 455 U.S. 745 (1982)
4/ Thus incarceration is not enough for a parent to lose parental rights. For information, click here: https://www.reentry.net/ny/help/item.2917-Parental_Rights …
An incarcerated parent has the right to appoint a guardian.
Cases I'm citing are Supreme Court cases, meaning this isn't a matter of opinion.
5/ The “The International Criminal Court defines the “systemic” removal of a given civilian population via “deportation or forcible transfer” as a crime against humanity" Quotation from: https://slate.com/news-and-politics/2018/06/trump-family-separation-reunification-policy-crime-against-humanity.html …
That's enough for now.
Twitter Law Class is adjourned for the day.
All my threads are also blog posts. You can read this one here: https://terikanefield-blog.com/clearing-up-a-few-asylum-law-misunderstandings/ …
You can follow @Teri_Kanefield.
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