The Anti-Terrorist and Effective Death Penalty Act
Facts about the (AEDPA):
*Enacted on April 24th 1996 by former US president Bill Clinton
*It was a knee-jerk reaction and response to the Oklahoma City and World Trade Center bombings.
*It has been highly criticized as one of the worst laws enacted
* Limited the Habeas Corpus practice procedure (which is considered one of the great Defendants right)for all state and federal prisoners as far as the filing deadlines and appeals for Death Penalties.
* Imposed a statute of limitations of 1 year onthe filing of section 2255 motion(the 2255 rule takes the indirect challenge to the judgement or the sentence, attacking the convictionas uncontitutional).
* Added a requirement that an unsuccessful 2255 movant obtain a “certificate of appelibility” in order to perfect an appeal.
* Made it extraordinarily difficult for a federal prisoner to obtain relief on a second or successive 2255 motion
AEDPA IN IMMIGRATION LAW
In Immigration Law, it expanded the grounds for detaining and deporting immigrants including long-term legal residents. It’s the first US law to fast track deportation procedures. How it applies to immigration cases and Enrique’s case, the AEDPA in its Title IV makes provisions and alters criminal procedures for “aliens”. The AEDPA created a new system of secret evidence which allows the government to introduce classified information as evidence without disclosing the specifics of the evidence to the “alien” or their legal counsel. It also expands the criteria for deportation for crimes of moral turpitude and modified the asylum procedures.
AEDPA IN IMMIGRATION LAW
So prior to 1996, there wasn’t a criminal element to the immigration system as we now know it. Now it’s a back-logged criminal making machine that’s taking up resources and taxpayer money for a civil matter, which immigration cases have always been.
AEDPA
The Anti-Terrorist and Effective Death Penalty Act of 1996
IIRIRA
The Illegal Immigration and Immigrant Responsibility Act of 1996
VIDEOS
Videos in support of Enrique
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