Battle underway for First Amendment rights for immigration detainees

The American Civil Liberties Union is suing the Orange County sheriff and ICE for preventing detained immigrants from obtaining documents and health records that could bolster their cases to remain in the country. If a detainee had a lawyer, the lawyer could obtain documents including medical records of abuse in their home countries helpful in a plea for asylum. Those without lawyers then were denied access to these records in violation of their First Amendment right of access to the courts. (The Orange County Register, September 13, 2017, by Jordan Graham)

A recent law graduate, Samantha Chasworth, Jurist, September 15, 2017, argues that detained immigrants should have First Amendment rights. Suffering from unsafe and harsh conditions and sexual and physical abuse, the detainees have the right to protest these conditions without fear of punishment. They are already entitled to basic rights including due process and equal protection under the law so it is inconsistent to deny the right to free speech and protest.