Proposing an amendment establishing due process protections for persons subject to immigration enforcement, prohibiting deportation to countries where individuals face documented persecution, setting constitutional standards for detention, protecting family unity, and linking asylum obligations to U.S. foreign policy conduct.
The bosom of America is open to receive not only the opulent and respectable Stranger, but the oppressed and persecuted of all Nations and Religions.
Shall oppressed humanity find no asylum on the globe?
Why This Amendment?
The Founders believed America would be a refuge. The Constitution protects the rights of "any person"—not just citizens—including the right to due process before the government takes away liberty. But since 1790, immigration has been a tool for discrimination and fear-mongering for political gain. Politicians have blamed immigrants for economic problems, crime, and social change—then used those fears to win elections. The targets change by generation... Irish, Chinese, Japanese, Southern Europeans, Mexicans, Central Americans, Muslims. The pattern does not. Mass deportation efforts have always resulted in violence—often against citizens defending immigrant rights.
Anti-Chinese riots, anti-Mexican pogroms, workplace raids that terrorize communities. The government sweeps up citizens along with non-citizens. Families are destroyed. People die in custody, in transit, in the countries where they're dumped. What makes this worse is that the United States is often the reason people had to leave home in the first place. We overthrew governments in Guatemala, El Salvador, Honduras, Chile, Iran. We funded death squads. We imposed sanctions that collapsed economies. We flooded countries with weapons. We created the conditions to make people flee.
Immigration as Political Weapon
The pattern is consistent: economic anxiety creates an opening; politicians blame immigrants; restrictive laws pass; enforcement turns violent against Americans.
Mass Deportation Means Mass Violence
There is no humane mass deportation. When the government moves fast and at scale, due process disappears and people die.
We Create Refugees, Then Punish Them
We destabilize countries, then act surprised when people flee—and punish them for seeking safety in the country that caused their displacement.
No Due Process
Immigration courts are part of the executive branch—the same branch trying to deport them. There is no guaranteed appeal to an independent court before removal.
Deportation to Danger
People are sent back to countries where they face torture, persecution, or death. People are sometimes sent not to their home country but to third countries—like mega-prisons in El Salvador.
Detention Without Standards
Immigration detention is called "civil" rather than "criminal," which allows the government to avoid constitutional protections against cruel and unusual punishment. There is no maximum detention period. People can be held for years.
Family Separation as Policy
Children have been placed in facilities across the country with no system to reunite them with their families. Infants have been taken from parents. Some families were never reunited.
Profit from Detention
Private companies operate immigration detention facilities under contracts that pay per detainee and include minimum occupancy quotas with financial incentives to detain more people longer.
Court Orders Ignored
When courts order the government to stop deportations or return wrongfully deported individuals, the executive branch has continued flights anyway and argued it has no power to comply.
Real Due Process
Everyone facing deportation gets a lawyer, a hearing before an independent judge, the right to see and challenge all evidence, and judicial review before removal. No secret evidence. No deportation while appeals are pending. If you're deported by mistake, you come back and the government pays.
Humane Deportation
The government cannot send anyone—regardless of criminal history—to a country where they face torture, persecution, or death. No exceptions for "national security." No sending people to third countries to get around the rule. The government must prove the destination is safe.
Protected Citizenship
Citizens cannot be deported. Period. Naturalized citizens can only lose citizenship through criminal conviction for fraud—not through administrative proceedings. Birthright citizenship cannot be touched by Congress or the President.
Detention Standards
Immigration detention counts as deprivation of liberty. The Eighth Amendment applies—no cruel and unusual conditions just because it's called "civil." Maximum 90 days without judicial review. Congress must set a maximum detention time. Independent inspectors conduct surprise inspections; reports are public.
No Profit from Torture
Private companies cannot own or operate detention facilities. No contracts that pay per detainee or require minimum occupancy. Existing contracts terminated within two years. The profit motive is eliminated.
Families Stay Together
Children are never detained. Families cannot be separated except when a court finds a parent poses a direct threat to the child—the same standard used in American family courts. Separating families to deter immigration is prohibited. When a parent is deported but their child is a citizen, courts must consider the child's rights.
Public Accountability
Monthly public reports: who is detained, their criminal history (or lack thereof), deaths in custody, families separated, children in government custody, total costs. Nothing classified. No more lies. If the report is late, the responsible official loses pay.
This amendment applies to federal immigration enforcement. States do not control immigration—that is exclusively federal power under the Constitution.
However, the principles apply broadly. Every person within the jurisdiction of the United States—citizen or not—is entitled to due process before the government deprives them of liberty. The Fifth Amendment says "no person" shall be deprived of liberty without due process—not "no citizen."
Many states have stronger protections than federal immigration law provides. Some states prohibit cooperation with federal immigration enforcement in sensitive locations. Some provide lawyers to people facing deportation. Some ban private detention facilities.
The principle that America should be a refuge for the persecuted is not partisan. It is foundational. Washington, Paine, Jefferson, and Madison all articulated it. The question is whether we live up to it.
Immigration, Deportation, & Asylum Standards
Each section shows the legal text and what it means in plain language. You don't need a law degree to understand what you're voting on.
Protection of Citizenship
Legal text
- No citizen of the United States, whether by birth or naturalization, shall be deported or exiled from the United States.
- No naturalized citizen shall be denaturalized except upon conviction in a federal court of having procured naturalization by willful material fraud, following a full criminal trial with all constitutional protections. Administrative denaturalization proceedings are prohibited.
- Birthright citizenship as established by the Fourteenth Amendment to this Constitution shall not be abridged, denied, or conditioned by any act of Congress, executive order, or administrative action. Every person born within the jurisdiction of the United States is a citizen of the United States regardless of the immigration status of such person’s parents.
Plain Language
- No United States citizen, whether born in the country or naturalized later, can be deported or forced into exile.
- A naturalized citizen can only lose citizenship if a federal court finds, after a full criminal trial with all constitutional protections, that they knowingly committed serious fraud to obtain it. Administrative agencies cannot take away citizenship on their own.
- Birthright citizenship under the Fourteenth Amendment cannot be limited or taken away by Congress, the President, or any agency. Anyone born in the United States is a citizen, no matter the immigration status of their parents.
Due Process in Immigration Proceedings
Legal text
- No person within the jurisdiction of the United States shall be deported, removed, or transferred to a foreign country without due process of law. Immigration proceedings are matters of liberty, and all constitutional protections applicable to deprivation of liberty shall apply.
- Congress shall establish an independent Immigration Court of the United States, separate from the Department of Justice and any executive agency. Immigration judges shall be appointed to fixed terms of no fewer than ten years, removable only for cause. The Immigration Court shall be funded as an independent court, and the number of judges shall be determined by caseload. No officer of the executive branch shall have authority to direct, overrule, or reassign the decision of any immigration judge in an individual case.
- Every person subject to removal proceedings shall have the right to:
(1) A hearing before an independent immigration judge not subject to executive branch direction in individual case determinations;
(2) Present evidence, compel witnesses, and confront adverse evidence;
(3) Judicial review of any removal order by an Article III court before execution of that order;
(4) An interpreter at government expense in any language necessary to participate meaningfully in proceedings. - No person shall be removed from the United States on the basis of secret evidence or classified information that the person and their counsel have not had the opportunity to review and challenge.
- No removal order shall be executed during the pendency of any appeal or habeas corpus petition. No person shall be transferred or deported while legal proceedings remain active.
- Any person erroneously deported or removed shall have the right to return to the United States and shall be entitled to compensation for damages resulting from the unlawful removal.
Plain Language
- No one in the United States can be deported or sent to another country without due process. Immigration cases involve a person’s freedom, so all constitutional protections that apply when someone’s liberty is at stake must be followed.
- Congress must create an independent Immigration Court that is separate from the Department of Justice and any executive agency. Immigration judges must serve fixed terms of at least ten years and can only be removed for cause. The court must have its own funding, and the number of judges must match the workload. No executive branch official can control or change an immigration judge’s decision in an individual case.
- Anyone facing removal has the right to:
(1) A hearing before an independent immigration judge who is not controlled by the executive branch in that case;
(2) Present evidence, require witnesses to appear, and challenge evidence used against them;
(3) Review of any removal order by an Article III federal court before it is carried out;
(4) A government-paid interpreter in any language needed to fully participate in the case. - No one can be deported based on secret or classified evidence that they and their lawyer have not been allowed to see and challenge.
- A removal order cannot be carried out while an appeal or habeas corpus petition is still pending. No one can be deported while legal proceedings are ongoing.
- Anyone who is wrongly deported has the right to return to the United States and to receive compensation for harm caused by the unlawful removal.
Prohibition on Deportation to Danger
Legal text
- No person shall be deported, removed, extradited, or transferred to any country or territory where there are substantial grounds for believing that the person would face:
(1) Torture or cruel, inhuman, or degrading treatment or punishment;
(2) Persecution on the basis of race, religion, nationality, political opinion, membership in a particular social group, gender, sexual orientation, or gender identity;
(3) A real risk of death, including by extrajudicial killing, armed conflict, or capital punishment. - This prohibition is absolute and shall not be subject to exception on grounds of national security, public safety, criminal history, or any other basis. No person may be transferred to a third country for the purpose of circumventing this prohibition.
- The burden of proving that a proposed country of removal is safe shall rest with the government.
- No agreement, arrangement, or understanding between the United States and a foreign government shall authorize deportation or transfer in violation of this section.
Plain Language
- No one may be deported, extradited, or sent to a country where there are strong reasons to believe they would face:
(1) Torture or cruel, inhuman, or degrading treatment;
(2) Persecution because of race, religion, nationality, political beliefs, social group, gender, sexual orientation, or gender identity;
(3) A real risk of death, including from extrajudicial killing, war, or the death penalty. - This rule has no exceptions. It cannot be ignored for reasons such as national security, public safety, or criminal history. A person also cannot be sent to a third country to get around this protection.
- The government must prove that the country where it plans to send the person is safe.
- No treaty or agreement with another country can allow deportation or transfer that violates these protections.
Detention Standards
Legal text
- Immigration detention is a deprivation of liberty. All protections against cruel and unusual punishment under the Eighth Amendment to this Constitution shall apply to immigration detention without distinction between civil and criminal classification.
- No person shall be detained for immigration purposes for longer than ninety days without an individualized hearing before an independent judge of the Immigration Court establishing that continued detention is necessary because the person poses a specific, documented flight risk or danger to public safety. The burden of proof shall rest with the government. Such hearings shall be repeated at ninety-day intervals for the duration of detention.
- Congress shall establish by law the maximum duration of immigration detention, which shall not exceed the minimum period necessary to resolve proceedings. Congress shall review and adjust such limitation no less than every five years. No person shall be detained indefinitely for immigration purposes.
- Conditions of immigration detention shall meet or exceed the minimum standards required for pretrial criminal detention under federal law, including:
(1) Adequate food, clean water, and sanitary living conditions;
(2) Timely access to medical, dental, and mental health care;
(3) Access to legal counsel, legal materials, and communication with family;
(4) Access to outdoor recreation;
(5) Protection from physical and sexual abuse;
(6) Communication and legal materials in a language the detained person understands. - An independent oversight body, appointed by the judiciary and not subject to executive direction, shall conduct unannounced inspections of all immigration detention facilities no less than quarterly. Inspection reports shall be published in full and made available to the public within thirty days of completion.
- Any person detained in conditions that violate this section shall have standing to seek immediate relief in any federal court, including release from detention.
Plain Language
- Immigration detention is a loss of freedom. The same protections against cruel and unusual punishment that apply under the Eighth Amendment also apply to immigration detention, even though it is classified as civil rather than criminal.
- No one may be held for immigration purposes longer than ninety days without a personal hearing before an independent immigration judge. At that hearing, the government must prove that continued detention is necessary because the person presents a specific and documented flight risk or danger to public safety. These hearings must happen every ninety days for as long as the person remains detained.
- Congress must set a maximum time limit for immigration detention by law. That limit must be no longer than what is truly needed to finish the case. Congress must review and adjust the limit at least every five years. No one may be held indefinitely for immigration reasons.
- Immigration detention conditions must meet or exceed the minimum standards required for people awaiting trial in criminal cases under federal law. This includes:
(1) Enough food, clean water, and sanitary living spaces;
(2) Timely medical, dental, and mental health care;
(3) Access to lawyers, legal materials, and communication with family;
(4) Access to outdoor recreation;
(5) Protection from physical and sexual abuse;
(6) Communication and legal materials in a language the detained person understands. - An independent oversight body, appointed by the judiciary and not controlled by the executive branch, must conduct unannounced inspections of all immigration detention facilities at least four times a year. Full inspection reports must be made public within thirty days.
- Anyone held in conditions that violate these rules may go to federal court immediately to seek relief, including release from detention.
Prohibition on For-Profit Immigration Detention
Legal text
- No private entity shall own, operate, manage, or derive revenue from any facility used for immigration detention.
- No contract, agreement, or arrangement between the United States or any State and any private entity shall provide for compensation that scales with the number of persons detained, the duration of detention, or bed occupancy rates.
- No minimum occupancy requirement, bed quota, or guaranteed payment for unused detention capacity shall be included in any contract for immigration detention services.
Plain Language
- No private company may own, run, manage, or make money from any immigration detention facility.
- The federal government or any state cannot enter into a contract that pays a private company more money based on how many people are detained, how long they are detained, or how many beds are filled.
- No contract for immigration detention may require a minimum number of detainees, guarantee payment for empty beds, or include any bed quota.
Protection of Children and Family Unity
Legal text
- For purposes of this section, a child is any person under the age of eighteen years.
- No child shall be detained in any immigration detention facility under any circumstances. Children who are unaccompanied shall be placed in the custody of licensed child welfare agencies, not in the custody of any law enforcement or immigration enforcement agency, and shall be appointed independent legal counsel and a child welfare advocate.
- No family shall be separated in the course of immigration enforcement except upon a finding by a court of competent jurisdiction that a parent or guardian poses a direct and immediate safety threat to the child, applying the same standard used in domestic child welfare proceedings. Separation of a family for the purpose of deterring migration or punishing immigration violations is prohibited.
- Where a parent or guardian is subject to removal proceedings and has a child who is a citizen of the United States, no removal order shall be executed without a judicial finding that the order accounts for the constitutional rights of the citizen child, including the right to remain in the United States with their family. The court shall consider:
(1) The best interests of the child;
(2) The availability of the deported parent to continue providing care;
(3) The conditions in the country of proposed removal as they affect the child;
(4) The disruption to the child’s education, medical care, and community ties. - Any immigration proceeding involving a child, whether as the subject or as a family member of the subject, shall be prioritized on the docket and assigned independent child welfare review separate from the immigration adjudication.
- No child shall be used as a witness, informant, or leverage in immigration enforcement against any member of their family.
Plain Language
- In this section, a child means anyone under eighteen years old.
- A child may never be held in an immigration detention facility. If a child is alone without a parent or guardian, the child must be placed with a licensed child welfare agency, not with police or immigration officers. The child must be given an independent lawyer and a child welfare advocate.
- A family cannot be separated during immigration enforcement unless a court decides that a parent or guardian is an immediate and serious danger to the child, using the same rules that apply in regular child protection cases. Families cannot be separated just to discourage immigration or to punish immigration violations.
- If a parent or guardian is facing removal and has a child who is a United States citizen, the parent cannot be removed unless a court finds that the child’s constitutional rights have been fully considered, including the right to stay in the United States with their family. The court must look at:
(1) What is best for the child;
(2) Whether the parent can still provide care if removed;
(3) The conditions in the country where the parent would be sent and how those conditions affect the child;
(4) How removal would disrupt the child’s schooling, medical care, and community connections. - Any immigration case involving a child must be handled quickly and must include a separate child welfare review that is independent from the immigration decision itself.
- A child may not be used as a witness, informant, or bargaining tool in immigration enforcement against any family member.
Transparency in Immigration Enforcement
Legal text
- The Department of Homeland Security, or any successor agency responsible for immigration enforcement, shall publish monthly reports containing, at minimum:
(1) The total number of persons detained, disaggregated by age, sex, nationality, and length of detention;
(2) The criminal history of all detained persons, including the specific offenses charged or convicted, or the absence of any criminal history;
(3) The number of persons deported and the countries to which they were deported;
(4) The number of deaths in detention and the circumstances of each death;
(5) The number of families separated and the basis for each separation;
(6) The number of children in government custody and the facilities in which they are placed;
(7) The number of persons deported while legal proceedings were pending or without access to counsel;
(8) Total expenditures on detention, deportation, and enforcement operations, disaggregated by facility and contractor. - All reports required by this section shall be made publicly available at no cost and in a machine-readable format. Failure to publish any required report within sixty days shall result in automatic suspension of salary for the responsible official until compliance, as provided in Amendment X of this Constitution.
- No information required by this section shall be classified, redacted, or withheld on grounds of national security, law enforcement sensitivity, or any other basis.
Plain Language
- The Department of Homeland Security, or whatever agency handles immigration enforcement, must publish a report every month that includes at least:
(1) The total number of people being detained, broken down by age, sex, nationality, and how long they have been detained;
(2) The criminal history of each detained person, including the exact charges or convictions, or stating that there is no criminal history;
(3) The number of people deported and the countries they were sent to;
(4) The number of deaths in detention and the details of each death;
(5) The number of families separated and the reason for each separation;
(6) The number of children in government custody and where they are being held;
(7) The number of people deported while their legal cases were still pending or without access to a lawyer;
(8) The total amount of money spent on detention, deportation, and enforcement, broken down by facility and contractor. - These reports must be free to the public and provided in a format that can be easily searched and analyzed by computer. If a required report is not published within sixty days, the official responsible will automatically lose their salary until the report is released, as required by Amendment X.
- None of the information required in these reports may be classified, hidden, or redacted for reasons such as national security or law enforcement concerns.
Asylum Obligations and Accountability for Destabilization
Legal text
- Any person present in the United States or at its borders who expresses a fear of persecution or harm shall have the right to apply for asylum and to have such application adjudicated in a full hearing before an independent immigration judge with all protections provided in Section 2 of this article.
- The definition of refugee for purposes of United States law shall include any person who has fled their country because their life, safety, or freedom has been threatened by generalized violence, foreign aggression, internal conflicts, massive violation of human rights, or other circumstances that have seriously disturbed public order.
- Where documented actions of the United States government—including but not limited to military intervention, covert operations, economic sanctions, trade policies, or drug enforcement policies—have materially contributed to conditions of violence, instability, or economic collapse causing mass displacement in a foreign nation, the United States shall maintain accessible asylum pathways and shall not impose barriers to protection for persons displaced from such nations.
- Congress shall establish and maintain a nonpartisan commission to review and publish findings, no less than every five years, identifying nations whose displacement conditions are substantially linked to documented United States government actions. The commission’s findings shall be binding for purposes of subsection (c).
- No executive order, policy, or administrative action shall deny, restrict, or delay access to asylum proceedings on the basis of the applicant’s country of origin, method of entry, or failure to apply for protection in a transit country.
- Asylum seekers shall not be detained pending adjudication unless a court finds specific, individualized grounds for detention under Section 4 of this article. Asylum seekers who are not detained shall be permitted to work and access public services during the pendency of their proceedings.
Plain Language
- Anyone in the United States or at its borders who says they fear persecution or harm has the right to apply for asylum and to receive a full hearing before an independent immigration judge with all the protections listed in Section 2.
- For United States law, a refugee includes anyone who fled their country because their life, safety, or freedom was threatened by widespread violence, foreign invasion, civil conflict, large-scale human rights abuses, or other serious breakdowns of public order.
- If actions by the United States government, such as military involvement, covert operations, sanctions, trade policies, or drug enforcement policies, significantly contributed to violence, instability, or economic collapse that caused people to flee a country, the United States must provide accessible asylum pathways and cannot create barriers for people displaced from that country.
- Congress must create a nonpartisan commission that, at least every five years, reviews and publishes findings identifying countries where displacement is strongly linked to documented actions of the United States government. These findings are binding for applying subsection (c).
- No executive order or policy may deny, limit, or delay access to asylum proceedings based on the applicant’s country of origin, how they entered the country, or whether they applied for protection in another country first.
- Asylum seekers may not be detained while their case is pending unless a court finds specific and individualized reasons for detention under Section 4. If they are not detained, they must be allowed to work and access public services while their case is being decided.
Enforcement
Legal text
- The rights secured by this article are self-executing and shall not require enabling legislation to be enforceable.
- Congress shall have power to enforce this article by appropriate legislation.
- Any citizen of the United States shall have standing to bring suit in any federal court to enforce the provisions of this article.
- No State law or action inconsistent with this article shall have any force or effect.
- No provision of this article shall be construed to limit individual rights or remedies otherwise available under this Constitution or the laws of the United States.
- Any deportation, removal, or transfer executed in violation of this article shall be void. The United States shall facilitate the return of any person unlawfully removed and shall provide compensation for damages.
- Any officer who orders or executes a deportation, removal, or transfer in knowing violation of this article shall be subject to criminal prosecution and shall not be shielded by any claim of immunity, official duty, or superior orders.
Plain Language
- The rights in this article take effect on their own as soon as the amendment is approved. No extra law is needed to make them enforceable.
- Congress may pass laws to help carry out and protect the rights in this article.
- Any United States citizen has the right to file a lawsuit in federal court to enforce this article.
- Any state law or action that conflicts with this article is invalid and has no legal effect.
- Nothing in this article takes away any other rights or legal remedies people already have under the Constitution or federal law.
- Any deportation, removal, or transfer carried out in violation of this article is invalid. The United States must help the person return and must provide compensation for harm caused by the unlawful removal.
- Any official who knowingly orders or carries out a deportation, removal, or transfer that violates this article may be criminally prosecuted. They cannot claim immunity, official duty, or that they were following orders as a defense.
Effective Date and Implementation
Legal text
- This article shall take effect immediately upon ratification.
- Congress shall provide for the funding necessary to implement this article through existing appropriations, budget reallocations, or reductions in other expenditures, and may not fund its implementation through fees, surcharges, or new taxes imposed on the general public. Nothing in this section shall be construed to prohibit Congress from adjusting tax policy applicable to higher‑income individuals or large corporations to meet these obligations.
- The Immigration Court of the United States shall be established and operational within two years of ratification. During the transition period, no officer of the executive branch shall exercise authority to direct, overrule, or reassign the decision of any immigration judge in an individual case. All cases pending before the Department of Justice immigration courts at the time the Immigration Court becomes operational shall be transferred to the new court. The Department of Justice shall have no authority over immigration adjudication after the transition period expires.
- The independent detention oversight body required by Section 4(e) shall be established within one hundred eighty days of ratification.
- The nonpartisan commission required by Section 8(d) shall be established and shall publish its initial findings within one year of ratification.
- Upon ratification of this article, no new contract shall be entered into, and no existing contract shall be renewed or extended, with any private entity for immigration detention services. No person shall be newly placed in a private detention facility after the date of ratification. All existing contracts that violate Section 5 shall be terminated within one year of ratification.
- This article shall be inoperative unless ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within one year from the date of its submission to the States by the Congress.
Plain Language
- This amendment becomes active as soon as it is approved.
- Congress has to pay for this amendment by using money it already has, by moving money around in the budget, or by cutting other spending. It cannot pay for this by charging new fees or creating new taxes on regular people. But Congress is still allowed to change tax rules for people with higher incomes or big corporations if it needs to cover the cost.
- The new Immigration Court must be fully created and working within two years. During the transition, no executive branch official may control or change an immigration judge’s decision in an individual case. When the new court begins operating, all pending immigration cases must be transferred to it. After the transition period, the Department of Justice will no longer have any authority over immigration decisions.
- The independent body that oversees immigration detention must be created within one hundred eighty days.
- The nonpartisan commission required in Section 8(d) must be created and must publish its first report within one year.
- Once the amendment is approved, no new contracts may be made with private companies for immigration detention, and no existing contracts may be renewed or extended. No one may be newly placed in a private detention facility after approval. All existing contracts that violate Section 5 must be ended within one year.
- This amendment will only take effect if three-fourths of the state legislatures approve it within one year after Congress sends it to the states.
Provisional Voting
These options exist because some provisions in this amendment have more than one legitimate solution. The draft reflects what comparative research and international precedent suggest is the strongest approach — but reasonable people can disagree on implementation.
You get one vote per poll. You are not required to vote on any of them. Only vote if you believe the current draft language should change. If none of the listed options reflect your position, you can submit an alternative in the discussion below.
Questions and Consideration
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