Kristin Macleod-Ball

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Government Claims Children in Family Detention Centers Are Not Entitled to Protections

Written by on March 18, 2015 in Children, Detention, Family with 0 Comments
Government Claims Children in Family Detention Centers Are Not Entitled to Protections

The outcry against the detention of children and women seeking protection from violence continues. Just yesterday, over 95 national and local civil rights, human rights, immigrants’ rights, and religious organizations sent a letter to President Obama outlining the mounting criticism of family detention and urging the Administration to follow a recent federal court decision denouncing […]

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The Detention of Children and Their Families is Still Unjust and Still Against the Law

The Detention of Children and Their Families is Still Unjust and Still Against the Law

Detaining immigrant children is nothing new. In 1997, the government settled a lawsuit, Flores v. Reno, about the inhumane treatment of immigrant children held in detention. The settlement agreement said officials would follow a set of minimum national standards for the detention, release, and treatment of children subject to immigration detention. That agreement is still […]

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Unrepresented Children Still Being Fast-Tracked Through Immigration Hearings

Written by on February 6, 2015 in Children, Courts, Deportation, Immigration Law with 6 Comments
Unrepresented Children Still Being Fast-Tracked Through Immigration Hearings

Since the government began “prioritizing” the deportation of unaccompanied children and mothers with children last summer, legal service providers and other court observers across the country have reported that immigration judges are giving children less time to find attorneys before moving forward in their cases. Now, children without attorneys are being forced to explain why, […]

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When is Possession of a Sock a Deportable Offense?

Written by on January 22, 2015 in Deportation, Supreme Court with 0 Comments
When is Possession of a Sock a Deportable Offense?

Last week, the Supreme Court heard oral arguments in Mellouli v. Holder, No. 13-1034, a case that shows just how out of step immigration enforcement has become. Moones Mellouli was a conditional lawful permanent resident engaged to a U.S. citizen and resided in the U.S. for 8 years, but was ordered removed as the result […]

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Unaccompanied Children Deserve Fair Representation in Immigration Courts

Unaccompanied Children Deserve Fair Representation in Immigration Courts

News stories and NGO reports continue to document the plight of “unaccompanied children,” and their complex legal issues were brought to the attention of Congress when Attorney General Eric Holder told the House Judiciary Committee last month that the Department of Justice needs to do more to address the problem of unaccompanied children in immigration […]

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Miranda-like Warning for Immigrants Argued in Ninth Circuit

Miranda-like Warning for Immigrants Argued in Ninth Circuit

Courts have long recognized that the Constitution requires police officers to inform arrested suspects of their rights—called Miranda warnings in criminal cases—before questioning them about crimes they are accused of committing. The risk is too great that a suspect who is not free to leave and is unaware of his rights would confess only due […]

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New York City Pilots Free Legal Representation in Immigration Court

Written by on November 13, 2013 in Access to Counsel, Courts, Immigration Law with 6 Comments
New York City Pilots Free Legal Representation in Immigration Court

In criminal courts throughout the United States, the government provides defendants who cannot afford an attorney with a free public defender. In immigration courts, which are not part of the criminal court system, immigrants who are unable to hire a private attorney and cannot find a free legal service provider are forced to face off […]

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ICE Detainers Continue to Target Immigrants with No Criminal Convictions

ICE Detainers Continue to Target Immigrants with No Criminal Convictions

This week, the Transactional Records Access Clearinghouse (TRAC) released a troubling new report showing that only about 10% of ICE detainers target “individuals who pose a serious threat to public safety or national security.”  Although the agency’s highest enforcement priorities are threats to public safety and national security, government data shows that, in recent months, […]

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Will Due Process Protections Be Preserved in Senate Mark-Up?

Will Due Process Protections Be Preserved in Senate Mark-Up?

On Thursday, the Senate Judiciary Committee began its mark-up of Title III of S.744, the Border Security, Economic Opportunity, and Immigration Modernization Act. When the mark-up continues on Monday, Senators are likely to vote on amendments addressing immigration courts. These amendments will be crucial in determining whether the full Senate receives a bill that provides […]

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Immigrants Deserve Basic Miranda-Like Warnings When Arrested

Immigrants Deserve Basic Miranda-Like Warnings When Arrested

As anyone who has watched an episode of Law and Order knows, police officers must give certain warnings to anyone placed under arrest, including that they have the right to an attorney and that the statements they make can be used against them in court. In the 1966 decision Miranda v. Arizona, the Supreme Court […]

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