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.
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 and enhancing national security, many others raise serious constitutional concerns.
The Constitution Project has released a variety of reports and recommendations, and conducted policy advocacy to protect constitutional safeguards for immigrants and throughout immigration proceedings. This work has included:
- Promoting due process rights within immigration proceedings and urging that reliance on immigration detention be limited;
- Advocating for access to counsel for individuals in immigration proceedings; and
- Educating the public and decisionmakers of the post 9/11 abuses of immigration law as a counterterrorism tool, and working to end such policies.
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