Immigrants and Americans Equal under the Law
The United States Constitution guarantees rights and protections in America for citizens and non-citizens. Nevertheless, at times, some U.S. immigration policies have denied rights and protections to immigrants. The courts, however, may order the government to ensure that it acts according to the law.
Recently, a California appellate court ruled that documented immigrants, undocumented immigrants, and Americans are equal under the laws of the United States. This ruling originated from the case of an undocumented Peruvian immigrant who was convicted of driving under the influence of drugs or alcohol. The criminal court denied him probation simply because of his undocumented immigrant status. However, the appellate court found that an immigrant’s status, whether legal or illegal, should be considered among other factors to determine what type of sentence he or she receives but should not be the sole factor considered. Automatically giving illegal immigrants prison sentences violates equal protection, which the Constitution guarantees for citizens and immigrants. Moreover, courts possess the authority to modify the terms of probation in order to ensure that an immigrant’s illegal status itself does not violate probation.
Many illegal immigrants are here in America because in their home country they face persecution, cannot feed their families, and have no hope that their plight will improve. To come to America, they risk all, but they willingly take the risk. To make the treacherous journey to the U.S. requires courage, perseverance, and focus. When they arrive in America, they land jobs that many Americans will not perform, often work without receiving Social Security or medical benefits, and frequently send their hard-earned money back to their homeland.
If you are an immigrant and you are in trouble with the law, know this: You have rights and legal remedies. For more information, contact Nashville Attorney Perry A. Craft.
Perry A. Craft has dedicated his life to helping people in need. He has tried, settled, or resolved numerous civil and criminal cases in State and Federal courts, and has represented teachers and administrators before school boards, administrative judges, and the state Board of Education. Learn more about Attorney Craft.