Teri Kanefield @Teri_Kanefield Author, lawyer (U.C. Berkeley). My threads are here: terikanefield-blog.com/ My author website is here: www.terikanefield.com/ Jun. 28, 2019 1 min read

(Short Thread)

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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