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, 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. 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)
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)
Thus incarceration is not enough for a parent to lose parental rights. For more information, click here. 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.
That’s all for today.
Twitter-Blog Law Class is adjourned.
