Detainees, Deportees, Refugees, Asylees – What Rights?

The rights of Detainees, Deportees, Refugees, Asylees to pursue claims in U.S. Courts for violations of their individual rights by governmental officials has often being relegated to the background in much of civil rights discussion. However, with the last 2016 presidential campaign the civil liberties of these groups is suddenly a hot issue, and one destined for legal intervention given the unprecedented election of Donald J. Trump as the 45th President of these United States. The fate of these groups is now the subject of much debate in the media and in politics, given the make-up of Trump’s cabinet and his campaign avowal to be the Law and Order President, that will introduce stop and frisk and conduct mass deportation.

Implementing these policies at the federal level will lead to interactions between law enforcement and these groups that would violate rights of citizens, including detainees, as well as Deportees, Refugees, and Asylees. 

This program examines what rights, if any, Detainees, Deportees, Refugees, and Asylees have to pursue claims under U.S. Laws for violations of their civil rights. The program will explain the critical barriers that such claims face, how to properly and successfully prosecute such claims, what to expect when litigating such claims, as well as the possible reliefs available, including injunctive reliefs, monetary damages and award of statutory attorneys’ fees.

Learning Objectives: 

1. Explore the background and legal implications of a “Stop and Frisk” Policy and its implications when implemented nationwide

   1. Identify “Street Encounters” with Police similar to “Stop and Frisk”

   2. Distinguish the levels of justification needed for police intervention

   3. Learn available legal challenges to unlawful police conduct

   4. Evaluate and anticipate civil consequences of “Stop and Frisk”

2. Learn the difference between U.S Refugees and Asylees

   1. Understand Asylee vs. Refugee Application & Procedural Differences under current U.S. Immigration Law

   2. Discuss possible changes to immigration laws that could affect asylee and refugee applications

3. Learn the Rights of Deportees  

   1. What rights exist if Wrongly Profiled and Deported

   2. Understand when Deportation Raids could Violate U.S. Constitution

   3. Discuss Civil Rights Investigation Into ICE Raid Tactics

4. Distinguish between the rights of Pretrial Detainees and Convicts

   1. Basis for Constitutional rights of Detainees and Inmates

   2. Explore Remedies available to Detainees and Inmates