3 Rights Non-Citizens Do Not Have When They Go to Immigration Court in the United States
When citizens of the United States violate the law, they are taken to criminal court, which is part of the U.S. judicial branch. Non-citizens who violate immigration law will go to immigration court, which is a civil venue. Immigration court is under the purview of the executive branch’s Department of Justice. When a U.S. citizen has their day in criminal court, they are afforded certain rights and protections that non-citizens are not given when they go to immigration court.
If you have questions about the U.S. immigration system or would like help coming to live in the U.S. the Atlanta immigration attorneys at Shirazi Immigration Law, Inc. can provide you with answers to your questions and the legal help you need.
Non-Citizen Rights in U.S. Immigration Court
Non-citizens are not completely without rights within U.S. immigration court, but their rights are far less than those of a U.S. citizen in the criminal court system. For example, a non-citizen can choose to have an attorney assist them with their case or not to have one. This is similar to the criminal court system, where a defendant can either have legal representation or represent themselves.
On the other hand, the rights that non-citizens do not have in immigration court are as follows:
- A court-appointed attorney. In criminal court, a defendant who wants legal representation can either hire an attorney or, if they can’t afford one, be appointed an attorney. By contrast, a non-citizen who wants an attorney must hire one because they do not have the right to an appointed attorney. Additionally, even a non-citizen who does secure the help of an attorney can have difficulty accessing their legal counsel. The U.S. government can make it much more challenging for a non-citizen to connect with their attorney as they work on their case because the government can move the non-citizens to detention centers around the country. While at a facility, there are no limits to the amount of time a non-citizen may be held in detention.
- Federal rules of evidence regarding hearsay are not followed in the immigration court system. With some exceptions, hearsay or gossip will not be considered evidence or proof in criminal court.
- There is no right to cross-examination of accusers in immigration court. Cross-examination happens when a witness is questioned by both the plaintiff’s legal counsel and then by the defendant’s. The purpose of cross-examination is to gauge the credibility of the witnesses’ statements.
Speak with an Atlanta Immigration Attorney Today
Non-citizens have some rights when they go to immigration court in the United States, but their rights are very limited. Knowing your rights as a non-citizen, even though they are so few, can be helpful if you are accused of an immigration violation.
If you need help with an immigration issue in the U.S., you can set up a time to meet with an attorney at Shirazi Immigration Law, Inc. For a consultation to discuss your immigration needs and case, please call Shirazi Immigration Law, Inc. at 404-523-3611. One of our Atlanta, GA, immigration lawyers is here to help.
Source:
uscourts.gov/sites/default/files/federal_rules_of_evidence_-_december_2020_0.pdf
