Restorative Justice International (RJI) issues the following statement on the administration of justice which impacts not only the United States but countries worldwide. In recent days, the United States has taken serious steps which undermine the rule of law in its own country. By attempting to bypass the rule of law the American justice system is weakened and can no longer function. The American justice system influences democratic countries around the world. But if the American justice system is compromised and thwarted, it is at risk of rapidly deteriorating on multiple levels. Accountability is needed.
RJI primary concerns are as follows:
The treatment of migrants in the U.S. must be consistent. The case of Abrego Garcia undermines the American justice system. Mr. Garcia was arrested and deported to El Salvador, his home country, even after an immigration judge ordered that he be protected in 2019 from the threat of violence in El Salvador. Mr. Garcia is married to an American citizen and has successfully lived in the U.S. since 2012. Garcia’s deportation was challenged in court and proceeded to the U.S. Supreme Court where a unanimous opinion was rendered in favor of Mr. Garcia. At this time, Mr. Garcia has not been returned to the United States, and no plans have been made to remedy the situation as the Court required.
All migrants or citizens of the U.S. must be treated humanely while in custody, either in the U.S. or in any prison or jail where they are transferred. This principle reflects the United Nations Declaration on Human Rights (1948). https://www.un.org/en/about-us/universal-declaration-of-human-rights This UN declaration reflects restorative justice principles. In 2002 the UN issued a Declaration of Basic Principles of Restorative Justice in Criminal Matters which RJI supports. https://digitallibrary.un.org/record/475864
Since RJI takes a strong position on wrongful convictions, we also are deeply concerned about wrongful deportations. Without due process, wrongful deportations can lead to wrongful convictions. Sending targeted individuals who are suspected of criminal behavior to any country outside the U.S. without a fair hearing is a violation of the individual’s rights.
Under the U.S. Constitution due process applies to all people under the 5th Amendment. Due process of law applies not only to Americans, but all migrants in the United States. https://constitution.congress.gov/browse/essay/artI-S8-C18-8-7-2/ALDE%5C_00001262/
At the time RJI went to press, Federal Court Judge Fernando Rodriguez, Jr., a nominee of President Trump, issued a ruling that blocked the use of the 1798 war powers law, The Alien Enemies Act, as a reason to deport Venezuelan migrants. Judge Rodriguez found there was no “invasion” of Venezuelan migrants that justified invoking the wartime law.
Restorative Justice International is a global association & network of over 7000 members and affiliates founded in 2009 to support restorative justice efforts worldwide. The focus of our work is to advocate for systemic justice reform based on victims-driven restorative justice. RJI’s work is guided by our Global Advisory Council (GAC) with fifteen esteemed members from around the world committed to restorative justice, systemic justice reform, and human rights. For more information visit our website: www.restorativejusticeinternational.com
