1. Running Head: IMMIGRATION AND THE JUSTICE SYSTEM 1
IMMIGRATION AND THE JUSTICE SYSTEM
Krista N. Fluty
Colorado Technical University

2. IMMIGRATION AND THE JUSTICE SYSTEM 2
Immigration and the Justice System
In our country, we have in place a judiciary system that has lot going for it. But as with
all things, there are a few things that just don’t work. One of these things, and the main point of
this paper, is the immigration system. This system, more specifically, the happenings of when
illegal and legal immigrants are detained or incarcerated. The whole process is too long, too
drawn out, and fraught with complications. For these reasons and the fact that the Obama Ad-
ministration has not helped alleviate or even ease the immigration problem. This paper will pre-
sent a couple of the main problems as well as a possible solution. The first main problem is that
without representation, and if they are detained, immigrants have a 97% chance of losing their
case and end up getting deported (Noferi, 2012, p.66). Along with this, “in 2009, nearly two-
thirds of detainees in removal proceedings were unrepresented. (Noferi, 2012, p.76)” One of the
other main problems that will be presented in this paper, is that it could be months or even years
an immigrant is detained while waiting for their trial(s) (Noferi, 2012, p. 81). These are not the
only problems, but as I see it, the biggest two. To help cut back on this problem, our current
presidential administration has tried to implement a solution with no or limited success
(Gutierrez & Franco, 2015, pp. 42-3). But more can be done. I will pursue this towards the end
of the paper.
When an immigrant commits a crime, whether minor or not, he or she will almost un-
doubtedly be detained (Noferi, 2012, p. 65). According to Noferi (2012), most of these “should
never have been detained… (p. 65).” This creates all kinds of problems. To begin with, it creates
a huge backlog is the judicial system. “The average immigration case pending today has been
pending for 529 days, with the average case involving a criminal charge (and thus, more likely to
be a detainee's) pending for 455 days. (Noferi, 2012, p. 81)” This is just to wait for a hearing and

3. IMMIGRATION AND THE JUSTICE SYSTEM 3
then get deported, probably. As stated earlier, when an immigrant is unrepresented and detain,
they have a 97% chance of losing their case and getting deported. The ICE (U.S. Immigration
and Customs Enforcement), apparently, has a habit of transferring detained immigrants two and
three times, usually to place where detainees vastly outnumber the local immigration lawyers
(Noferi, 2012, p. 77). This only complicates the whole process more. Most of the time, the im-
migrant knows nothing of the laws that would and could help them with no way getting the nec-
essary information, as ICE is not required by law to provide that kind of material (Noferi, 2012,
p. 79). Again, this kind of lack of information complicates an already complex legal process.
The other problem, in continuation and similarly with the problem above, the immigrants
spend lots of time languishing in incarceration, ultimately waiting to be sent back to their home
country. The process starts when they get detained in the first place, for whatever crime they
happen to commit. After getting detained, and incarcerated, they more than likely will get trans-
ferred to a far off place (Noferi, 2012, p. 66). Getting transferred, then puts the immigrant as a
severe disadvantage as he will be far away “from family, work, and property in the United
States—"all that makes life worth living” (Noferi, 2012, 66)." Being detained, he will also not
have access to counsel, compounding a big problem even bigger.
To begin fixing all this there needs to be a revamping of the immigration judicial process.
The immigrants should be aware of all their choices and made available counsel (Noferi, 2102, p.
128). Another solution could be to delineate different immigrants, as per stated in Hosein’s arti-
cle (2014, p. 610). This being the case after “The Dreamers” and the while effect the Obama’s
plan for amnesty for immigrants, legal and illegal (Gutierrez & Franco, 2014, p.42). The process
of allowing some of the immigrants to have amnesty is a good one, but it’s a start (Gutierrez &
Franco, 2014, p. 42). Maybe, as Hosein proposes, there could be at least two types of immi-

4. IMMIGRATION AND THE JUSTICE SYSTEM 4
grants. The first would be called “legitimate”, the second would be called “at-will” (Hosein,
2014, p. 617). This would allow the first set of migrants to stay as long as possible for work,
marriage, or for whatever reasons needed. The other would be allowed into the country, but
could be asked to leave at any time, for any reason (Hosein, 2014, p. 617).
In conclusion, even though there are many great things about our judicial system, there
are still flaws. The biggest one is the immigrant laws and the process of deportation or not. De-
tained, unrepresented immigrants spend months to years incarcerated with the almost inevitable
result of getting sent back to their home country. This process could be reworked and made in-
fintely better. Obama started to, but it is, at this time, to quite far reaching enough (Gutierrez and
Franco, 2014, p. 42). Hosein, in his article proposed a good continuation for immigrants in the
system. Maybe the administration should look at this more.

5. IMMIGRATION AND THE JUSTICE SYSTEM 5
References
Noferi, M. (2012). CASCADING CONSTITUTIONAL DEPRIVATION: THE RIGHT TO AP-
POINTED COUNSEL FOR MANDATORILY DETAINED IMMIGRANTS PENDING
REMOVAL PROCEEDINGS.Michigan Journal of Race & Law, 18(1), 63-129.
Gutierrez, A., & Franco, M. (2015). The Outside-Inside Game. Dissent, 62(2), 42-48.
Hosein, A. O. (2014). Immigration: The Argument for Legalization. Social Theory & Prac-
tice, 40(4), 609-630.