ACLU Seeks Rights For Illegals, But Not For Students // Suit Demands Full Hearings At Enormous Cost

The ACLU and other so-called civil rights organizations have filed a law suit seeking to establish Due Process rights for illegal aliens caught sneaking into the country, a move which could require full trial-type hearings for over 125,000
 
 
Why Due Process For Illegals, But Not For Students Accused of Date Rape?
Why Due Process For Illegals, But Not For Students Accused of Date Rape?
WASHINGTON - Aug. 23, 2014 - PRLog -- The ACLU and other so-called civil rights organizations have filed a law suit seeking to establish Due Process rights for illegal aliens caught sneaking into the country, a move which could require full trial-type hearings - delaying deportation for an estimated 63,000 unaccompanied minors, and an additional 63,000 women and children, apprehended at the border.

        But at the same time the ACLU has apparently ignored, and sometimes even argued against, Due Process or other fundamental procedural protections for students being expelled from college for alleged date rapes, even as the courts are beginning to side with them, says public interest law professor John Banzhaf, a so-called "Radical Feminist" who has written on the topic and proposed a simple solution.

        "Providing full-scale trial-type hearings for over 125,000 illegal aliens caught sneaking into the country would be enormously expensive,” says Banzhaf, especially if each has to be provided at taxpayers' expense with an attorney to represent them.

       Since such hearings would significantly delay deportations - indeed, delaying expeditious deportations is a stated goal of those suing - it would also multiply the already enormous costs of housing, feeding, and caring for those illegals already detained at taxpayer expense, says Banzhaf.

        There is a reasonable presumption that women and children caught crossing the border from Mexico are in the country illegally, and thus should with some exceptions be deported, and yet hearings for each of them are being demanded, says Banzhaf.

         Indeed, they seem to be seeking two different hearings: initially one before a  a U.S. Citizenship and Immigration Services officer, and then a subsequent and much more expensive one before an immigration judge who decides whether to grant asylum.

        But, in sharp contrast, although law students accused of rape should be entitled to a strong legal presumption of innocence under our American justice system, they are routinely being expelled without being given hearings where they can present their side of the story, hear and cross examine witnesses against them, obtain or introduce documents which could prove their innocence, etc., says Banzhaf.

        Indeed, in many of these situations, local authorities including skilled (often female) sex-crime investigators, and legally-trained (often female) prosecutors have found the cases much too weak to even bring to trial, much less to obtain a conviction.

         In contrast, allegations of campus date rape are ordinarily investigated by poorly paid and poorly trained campus police officers, and then tried before panels of professors of everything from Slavic Languages to Women's Studies under the guidance of some lower level dean worried about the loss of vast blocks of funding if federal "suggested" guidelines are not followed, Banzhaf observed.

        If more than 100,000 illegal immigrants can be given hearings meeting the constitutional requirements of Due Process, why can’t the same be provided for the hundred or so charged with date rape in “he said, she said” situations where the need for an evidentiary hearing is so clear, asks Banzhaf.

JOHN F. BANZHAF III, B.S.E.E., J.D., Sc.D.
Professor of Public Interest Law
George Washington University Law School,
FAMRI Dr. William Cahan Distinguished Professor,
Fellow, World Technology Network,
Founder, Action on Smoking and Health (ASH)
2000 H Street, NW
Washington, DC 20052, USA
(202) 994-7229 // (703) 527-8418
http://banzhaf.net/ @profbanzhaf

Contact
GWU Law School
jbanzhaf@law.gwu.edu
202 994-7229 / 703 527-8418
End
Source: » Follow
Email:***@law.gwu.edu Email Verified
Tags:Aclu, Deportation, Hearings, Date Rape, Civil Rights
Industry:Education, Legal
Location:Washington - District of Columbia - United States
Account Email Address Verified     Account Phone Number Verified     Disclaimer     Report Abuse
Public Interest Law Professor John Banzhaf News
Trending
Most Viewed
Daily News



Like PRLog?
9K2K1K
Click to Share