In December 2022, the United States Congress passed a resolution related to immigrants who were deported and barred from returning despite their status as military veterans. Some of these immigrants are decorated war veterans, but their status as legal residents was revoked because of felony convictions, thus triggering deportation and removal according to immigration laws and regulations.
With the passing of the aforementioned legislation, deported foreign-born veterans who weren’t naturalized citizens at the time of removal will be allowed to return unless they have five or more convictions for drinking and driving or they’re considered to be a serious threat to society. Among the arguments presented in favor of this measure was that these deportations were very close to violating Article 13 of the United Nations Declaration of Human Rights, which dates back to 1948.
Differences between Migration & Immigration
The Declaration of Human Rights grants free movement to individuals seeking opportunities to make better lives for themselves and their families. The human right to migration was advocated by ancient Greek philosophers such as Socrates, and American history has been forged by this principle. Immigration is closely tied to migration, but it’s more of a civil right than a human right.
Member states of the United Nations are free to legislate and regulate immigration policies as they see fit, but this must be done in a democratic manner that doesn’t limit human rights. Migrants have a right to free movement, particularly when they’re fleeing oppression, famine, or mortal danger. For example, arbitrary denial of asylum would be a violation of human rights.
In the case of deported veterans, not being allowed to return to the country they served and swore to protect is problematic. The U.S. Leadership Conference on Civil and Human Rights has noted that even though immigration judges haven’t ordered the removal of veterans who are naturalized citizens, they’ve ignored their status as Americans by denying their right to return. If you’re an immigrant and you think your rights have been violated, seek immediate help from an experienced immigration lawyer in San Diego.
Immigration & Reasonable Due Process
The way immigrants are treated by a democratic society determines the moral character of a nation. Harsh immigration policies, such as deporting individuals who placed their lives on the line to protect sovereign rights, are certainly a moral failing on a national level, and they also create a valid concern insofar as human rights. It could be argued that American lawmakers dug themselves into a legal hole when they failed to consider the possibility of immigration rules derailing the lives of veterans, but there are other situations in which immigrants aren’t afforded rights that should be treated as inalienable.
As a developed country where freedom and the rule of law are heralded, the U.S. offers immigrants some level of protection granted by the Constitution, and this should include due process. Immigration law firms often have to represent clients who have been unlawfully detained or denied admission. This is part of civil rights that extend to foreigners and Americans alike. Ideally, immigrants should be able to access the court system when they feel their rights aren’t being upheld.
If you need a lawyer because your civil rights have been violated, contact the experienced attorneys at KS Visa Law. We are the best immigration lawyers in San Diego, and you can count on us to stand up for your rights. Call us at 858-874-0711 to schedule an appointment with one of our lawyers today.
