Ben Winograd

Ben Winograd is a Staff Attorney at the American Immigration Council. He focuses on legal issues related to the enforcement of immigration law, including the rights of respondents in removal proceedings and federal collaboration with state and local governments. He received his J.D. cum laude from Georgetown Law in 2010. He worked as a reporter before and during law school, and has written for the Associated Press, SCOTUSblog, and The Wall Street Journal. He also worked as a freelance journalist in Arizona covering border and immigration issues. He is admitted to practice law in California; his practice is limited to cases in federal courts and before the immigration agencies.

Federal Judge Leaves Anti-DACA Lawsuit Hanging By a Thread

Federal Judge Leaves Anti-DACA Lawsuit Hanging By a Thread

Lost amidst coverage of recent immigration reform proposals was a ruling issued last Friday in Kris Kobach’s legal crusade against the Deferred Action for Childhood Arrivals (DACA) program. The lawsuit, filed last summer in a federal court in Dallas, alleges the program violates an obscure provision of the immigration laws that supposedly prohibits immigrants who [...]

Continue Reading

BREAKING: Administration Confirms DACA Recipients Are “Lawfully Present”

Written by on January 18, 2013 in Deferred Action with 6 Comments
BREAKING: Administration Confirms DACA Recipients Are “Lawfully Present”

In updated guidance released this afternoon by U.S. Citizenship and Immigration Services, the Obama Administration confirmed that recipients of deferred action are authorized to be in the United States and therefore considered to be “lawfully present” under federal immigration laws. The guidance should clarify the debate over whether beneficiaries of the Deferred Action for Childhood [...]

Continue Reading

Out of Legal Options, Alabama Files Petition at Supreme Court

Out of Legal Options, Alabama Files Petition at Supreme Court

Nearly five months ago, a federal appeals court in Atlanta issued a set of opinions that invalidated numerous provisions of Alabama HB 56, the most pernicious state immigration law in the country. After Alabama asked the full court to reconsider its rulings, the active judges unanimously rejected its request. Out of other legal options, the [...]

Continue Reading

Removals Remain the Starkest Measure of Immigration Enforcement

Removals Remain the Starkest Measure of Immigration Enforcement

For more than a decade, the general thrust of U.S. immigration policy has been aimed at expanding the grounds of removal and the tools for facilitating deportations from the country. Not surprisingly, this has come at an enormous cost. Although the figure has been disputed by restrictionists, a report from the Migration Policy Institute recently [...]

Continue Reading

Immigration Expert Exposes Legal Flaws in Anti-DACA Lawsuit

Immigration Expert Exposes Legal Flaws in Anti-DACA Lawsuit

Shortly after the administration began accepting applications under the Deferred Action for Childhood Arrivals (DACA) program, Kris Kobach—the author of Arizona SB 1070 and other notorious state immigration laws—filed a lawsuit on behalf of ten disgruntled immigration agents seeking to halt the program in its tracks.  The lawsuit has largely been viewed as a politically [...]

Continue Reading

New ICE Detainer Guidance Too Little, Too Late

New ICE Detainer Guidance Too Little, Too Late

On the Friday before Christmas, U.S. Immigration and Customs Enforcement (ICE) released new guidance on immigration “detainers,” the lynchpin of agency enforcement programs involving cooperation with local police. In the new guidance, ICE Director John Morton instructed agency employees to only file detainers against immigrants who represent agency “priorities.” Unfortunately, as with prior agency memos [...]

Continue Reading

Boston Globe Series Exposes Pitfalls of Immigration Detention

Boston Globe Series Exposes Pitfalls of Immigration Detention

Last week, the Boston Globe ran an important series of articles on a topic that receives far too little attention: the vast network of civil detention centers that last year held more than 400,000 immigrants in the United States. The product of a year-long investigation, the series shines a spotlight on a system in which [...]

Continue Reading

Guidance on ICE Detainers Sends Ripples Through California

Guidance on ICE Detainers Sends Ripples Through California

Every year, local law enforcement agencies receive thousands of requests from U.S. Immigration and Customs Enforcement (ICE) to keep individuals in custody—even after they are entitled to release—while federal officers determine whether to initiate removal proceedings. Last Tuesday, California Attorney General Kamala Harris issued simple but groundbreaking guidance to all law enforcement agencies in the [...]

Continue Reading

Will the Third Time Be the Charm for the TRUST Act in California?

Will the Third Time Be the Charm for the TRUST Act in California?

For the third time in three years, lawmakers in California will seek passage of the TRUST Act, a so-called “anti-Arizona” bill that would limit the ability of local authorities to honor requests from immigration authorities to continue detaining individuals on behalf of the federal government. Although Gov. Jerry Brown vetoed a similar version of the [...]

Continue Reading

Arizona Faces Lawsuit over DACA Driver’s License Policy

Arizona Faces Lawsuit over DACA Driver’s License Policy

Less than six months after it received a stinging rebuke from the Supreme Court, Arizona today was hit with another major lawsuit over its punitive immigration policies—this time challenging its practice of denying driver’s licenses to beneficiaries of the Deferred Action for Childhood Arrivals (DACA) program. Filed in federal court in Phoenix, the class-action suit [...]

Continue Reading

Top