Using Constitutional Amendments to Take Away Rights?

In the editorial article from The New York Times titled Deportation and Due Process, the issue of Attorney General Michael Mukasey's ruling that immigrants have no constitutional right to effective legal representation in deportation hearings is questioned. In his final days of office, he ruled that immigrants that lose their deportation case due to inept or ineffective representation have no right to have their cases reopened. Mukasey's ruling scrapped a 20 year old precedent in which deportation cases are held in special courts overseen by the Justice Department. Those facing possible expulsion include long time residents and those with family here, many of which have valid reasons to stay. Mukasey defends his decision based on the idea that the Sixth Amendment only applies in criminal cases, which is correct. Deportation is a civil action. However, in a removal proceeding whose outcome is influenced by an incompetent, privately-retained lawyer "the due process clause, part of the 5th and 14th Amendments, is plainly violated". Therein lies the debate and controversy.

The fact that a situation can occur that seems to cause the Constitution to contradict itself is disturbing. The very document that almost all Americans hold as dearest to them is supposed to clear up and protect from these situations, not add to the confusion. In this case, the judgement of an Attorney General has created this predicament, not the Constitution.

I personally have mixed opinions related to this article. While I believe that it is every one's right to fair representation in a court of law, I am not sure how I feel that this relates to those who may be in the country illegally. The fact that they are here in violation of the law make one wonder if they are truly entitled to the rights of citizens of this country. Their removal is probably the correct action in most cases, however there are always circumstances in which the immigrant has legitimate reasons for staying in the country. I feel that taxpayer money is wasted, however, by hearing each of these lost cases in order to overturn the incorrect rulings. I know that this may incur the wrath of many who feel that I am incorrect in my assessment of this situation. After all, immigration is what made this country what it is today. There is probably no good answer to this situation, unless each case is heard on a case-by-case basis.