Immigration
As the policy debate over immigration rages in the states and at the national level, often neglected are the constitutional implications of various proposals and initiatives. The Constitution provides important protections to non-citizens, including due process protections, the right to habeas corpus, equal protection, and Fourth amendment protections against illegal search and seizure. The Constitution Project works on issues ranging from the due process rights of citizens and non-citizens to separation of powers issues between the federal and state governments.
For example, post 9/11, the government instituted a number of immigration initiatives and reforms in the name of national security. While some of these initiatives were helpful in improving immigration enforcement, many others raise serious constitutional concerns.
Other issues the Constitution Project is investigating includes due process concerns raised by immigrant detention and removal proceedings as well as the lack of access to counsel for individuals in removal proceedings. We recognize that the standards and procedures for detention and removal in this country must be consistent with constitutional principles and international instruments signed by the United States
