For a nation that proclaims equal justice under law a founding principle, the United States offers a skimpy menu of legal rights and remedies to foreign citizens (and unlucky Americans thought to be unauthorized immigrants1) facing deportation. The reasons include systemic dysfunctionality in the administration of the immigration laws, the lack of affordable legal representation, and, on the most fundamental level, the judicial rubric applied to immigration cases that deportation (now known as removal) is a civil rather than a criminal proceeding.
This article will outline limitations on the rights of individuals in removal proceedings and explore proposed enhancements to aspects of the system designed to promote procedural due process. The impetus for this focus on rights in the immigration context is the report of the Committee on Adjudication within the Administrative Conference of the United States (ACUS),2 on “Enhancing the Quality and Timeliness in Immigration Removal Adjudication.”3
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