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JOHN SHATTUCK
claims of refugees coming through transit countries; overturn the designation
of Guatemala, El Salvador and Honduras as "Safe Ihird Countries"; establish
federal court review of "safe country" designation procedures; reinstate the
Temporary Protected Status program for refugees fleeing war, famine or nat¬
ural disasters; reinstate the Deferred Action for Childhood Arrivals program
(DACA), and provide pathways to citizenship for TPS and DACA individuals.
— Secure Due Process in Immigration Proceedings. Reform the immigration
court system: Increase the number of immigration judges, transfer immigra¬
tion courts from the federal executive to the judicial branch, implement right
to government-funded counsel for indigent noncitizens eligible for relief from
removal and unaccompanied children and migrants with mental disabilities;
provide access to qualified interpreters to facilitate communication with im¬
migrants who have difficulty understanding procedures; end the detention of
immigrants charged with non-felony crimes; and end the expedited removal
of immigrants already in the US, unaccompanied minors, and the mentally ill.
— Establish Accountability for Private Contractors. Provide congressional
oversight of private contractors performing immigration functions, ban pri¬
vate detention facilities, end private contractors’ DNA testing and surveil¬
lance of asylum seekers.
CRIMINAL JUSTICE
The US Constitution provides the right to due process of law through the Fifth
and 14** Amendments. These constitutional requirements are intended to protect
citizens against arbitrary deprivation by the government of their life, liberty or
property. In practice, due process rights are applied unevenly and inequitably in
the criminal justice system, disproportionately affecting people of color and other
disadvantaged populations.
The US criminal justice system is both costly and ineffective, with high
expenditures often unrelated to public safety. Over the past several decades, police
and law enforcement have become increasingly militarized. Through federal grants
starting in the 1960s, and dramatically increasing after the attacks of September
11, 2001, local governments have obtained military gear, weapons, and vehicles,
ostensibly for counterterrorism and counter-drug programs. Now nearly 90% of
cities in the US with populations over 50,000 have SWAT (Special Weapons and
Tactics) Teams.’ Some studies have tied the rise in killings of civilians by police
° Jeff Adachi, Police Militarization and the War on Citizens, American Bar Association
Human Rights Magazine 42 (2016), https://www.americanbar.org/groups/crsj/publications/
+ 162 +