Teri Kanefield @Teri_Kanefield Author, lawyer (UC Berkeley) My threads are here: terikanefield-blog.com/ NBC News Opinion contributor Impeachment notes: impeachment-trump.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.


Tip: mention @threader_app on a Twitter thread with the keyword “compile” to get a link to it.

Enjoy Threader? Sign up.

Threader is an independent project created by only two developers. The site gets 500,000+ visits a month and our iOS Twitter client was featured as an App of the Day by Apple. Running this space is expensive and time consuming. If you find Threader useful, please consider supporting us to make it a sustainable project.