a) illegal is called undocumented b) do i get free legal aid for civil offenses
RE:
https://www.roanoke.com/news/virginia/fairfax-county-considers-fund-to-help-undocumented-immigrants-fight-deportation/article_6e112e7b-bfa7-5f9b-a619-39b2d9b9f86f.html
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Thank you for your interest and concern in the Legal Fund for Undocumented Immigrants, a consideration item before the Board of Supervisors. This fund would provide money for a pilot program to help immigrants pay for legal fees/advice. The undocumented issue in and of itself raises points, some of which I would like review.
Let me begin by saying your message to me regarding immigrants, tax dollars, and the law are duly noted.
As the Supreme Court has ruled, immigration charges pertain to civil rather than criminal cases. Therefore, removal is a civil proceeding. In such cases, there is no federal law guaranteeing a public defender. Individuals without financial resources can be denied the rights of due process, legal counsel, and the presumption of innocence. While a federal statute prevents the national government from funding legal services in deportation proceedings, local jurisdictions are free to do so.
Should my colleagues and I move ahead, this proposal for $200,000 would be a one-time expenditure, not included in future budgets like FY2020. The one-time funding would be available from a FY2019 third quarter budget adjustment. In the future, any application would be made to the Consolidated Community Funding Pool which supports a variety of human services programs.
Finally, I must acknowledge the Fifth Amendment protections which enumerate legal rights in civil and criminal proceedings. It clearly states person rather than citizen: "No person shall be held to answer for a capital, or otherwise infamous crime …..”. Further I am reminded that Justice Antonin Scalia wrote “it is well established that the Fifth Amendment entitles aliens to due process of law in deportation proceedings.” I believe it is incumbent upon me to support the Fifth Amendment to the extent possible.
While we may disagree on the best way to resolve the matter of undocumented immigrants, we can agree that our goal is the same – a safe viable community for all. I appreciate your continuing engagement in important county issues.
Thank you again for taking the time to write.
Sincerely,
Catherine Hudgins
Catherine M. Hudgins
Supervisor
Hunter Mill District
1801 Cameron Glen Drive
Reston, VA. 20190
703 478 0283
HunterMillBOS@fairfaxcounty.gov