Since immigration litigation is a civil matter, many of the constitutional protections that extend to criminal proceedings do not apply to those held in immigration detention. Most of us are accustomed to the idea that people are innocent until proven guilty, that the prosecution bears the burden of proof, that the court will appoint an attorney of the defendant cannot afford one, and that a person has a right to a speedy trial. While those protections extend to criminal matters, they do not apply to civil immigration matters.
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