Land of the Free?

How false allegations are fueling the government’s attack on immigrants

A quote from a Mass Lawyers Weekly op-ed and image of the author, Radha Natarajan

Land of the Free? “Jean,” a Black immigrant who came to the United States legally seeking safety, was arrested on serious—but false—charges that were eventually dismissed. He had no prior record; a criminal court found him not to be a danger and released him, and DNA evidence proved his innocence.

However, more than a year later, he remains in ICE custody and faces deportation, with the government arguing that the mere fact of his arrest makes him a danger to the public.

In a recent Massachusetts Lawyers Weekly op-ed, "How false allegations are fueling the government’s attack on immigrants" (paywall), our Executive Director, Radha Natarajan, discusses the intentionally devastating consequences false allegations can have on immigrants across our nation.

“The government is leveraging the mere fact that he was arrested to argue that Jean should not be permitted to remain in the United States,” writes Natarajan. “In this view, we are to believe that a police arrest and the prosecution’s decision to charge someone — no matter how baseless — is itself evidence of danger.”

“Therefore, any contact with the police creates a presumption of guilt with no ability to prove innocence,” she continues. “And this is not accidental: the Laken Riley Act was passed to create this dystopian scenario.”

“We see similar circumstances play out daily in our exoneration work with immigrants and citizens alike, where a conviction can permanently brand someone a danger even if there is scientific evidence disputing it.”