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Amendment Category
Display Title
No. 11: Immigration Deportation & Asylum
Summary

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.

Federalist Quote

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.

- George Washington (Founder)

Anti-Federalist Quote

Shall oppressed humanity find no asylum on the globe?

- Thomas Jefferson (Founder)

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.

Amendment Title

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.

Status Voting open
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Protection of Citizenship

Plain Language

  1. No United States citizen, whether born in the country or naturalized later, can be deported or forced into exile.
  2. 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.
  3. 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

Plain Language

  1. 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.
  2. 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.
  3. 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.
  4. No one can be deported based on secret or classified evidence that they and their lawyer have not been allowed to see and challenge.
  5. 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.
  6. 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

Plain Language

  1. 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.
  2. 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.
  3. The government must prove that the country where it plans to send the person is safe.
  4. No treaty or agreement with another country can allow deportation or transfer that violates these protections.
     
Detention Standards

Plain Language

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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

Plain Language

  1. No private company may own, run, manage, or make money from any immigration detention facility.
  2. 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.
  3. 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

Plain Language

  1. In this section, a child means anyone under eighteen years old.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. A child may not be used as a witness, informant, or bargaining tool in immigration enforcement against any family member.
     
Transparency in Immigration Enforcement

Plain Language

  1. 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.
  2. 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.
  3. 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

Plain Language

  1. 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.
  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.
  3. 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.
  4. 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).
  5. 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.
  6. 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

Plain Language

  1. 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.
  2. Congress may pass laws to help carry out and protect the rights in this article.
  3. Any United States citizen has the right to file a lawsuit in federal court to enforce this article.
  4. Any state law or action that conflicts with this article is invalid and has no legal effect.
  5. Nothing in this article takes away any other rights or legal remedies people already have under the Constitution or federal law.
  6. 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.
  7. 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

Plain Language

  1. This amendment becomes active as soon as it is approved.
  2. 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.
  3. 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.
  4. The independent body that oversees immigration detention must be created within one hundred eighty days.
  5. The nonpartisan commission required in Section 8(d) must be created and must publish its first report within one year.
  6. 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.
  7. 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.
     
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