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Criminal Aliens: Prison Deportation Hearings Include Opportunities to Contest Deportation

NCJ Number
126113
Date Published
1990
Length
17 pages
Annotation
Between November 1989 and January 1990, representatives of the U.S. General Accounting Office (GAO) attended 171 alien deportation hearings held at 5 State and 2 Federal prisons. The purpose of the study was to determine whether the judges, as provided for by the Immigration and Nationality Act, gave the aliens an opportunity to be represented; gave notice of the charges against them; allowed an opportunity to examine evidence against them, present their own evidence, and cross-examine witnesses; permitted access to an interpreter when necessary; and notified them of their rights to appeal adverse decisions.
Abstract
In all 171 cases, the GAO found that the immigration judges informed the aliens of their rights to contest deportation; whether or not the aliens were actually able to take advantage of this opportunity was not known. In all cases, the judges advised the defendants' of their right to representation; in 99 hearings, the aliens had no representation due to several reasons. Aliens were consistently informed of their rights to present and examine evidence and to cross-examine witnesses. Interpreters were always provided when the judges deemed the aliens' ability to communicate in English ineffective or when requested by the aliens' or their representatives. 2 appendixes.