Category Archive: Department of Justice
Categories:
Board of Immigration Appeals, Comprehensive Immigration Reform, Courts, Customs and Border Patrol, Department of Justice, Deportation, Detention, Enforcement, Police, Supreme Court, Undocumented Immigration
by Kristin Macleod-Ball
February 28, 2013
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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Permanent link to this article: http://immigrationimpact.com/2013/02/28/immigrants-deserve-basic-miranda-like-warnings-when-arrested/
Even as the push for legislative reform to our immigration system begins anew, it’s important that every tool to fix our outdated immigration system be employed, including administrative reform. While rarely discussed, attention must be paid to immigration court reform. Immigration courts lack many of the hallmarks of due process that Americans have come to expect, …
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Permanent link to this article: http://immigrationimpact.com/2012/12/03/using-administrative-tools-to-improve-immigration-court/
Categories:
Administration, Constitution, Courts, Crime, Department of Justice, Deportation, Enforcement, Hearings, Immigration Law, Supreme Court, Undocumented Immigration
by Ben Winograd
October 29, 2012
In its landmark decision in Padilla v. Kentucky, the Supreme Court confirmed that criminal defense attorneys have a constitutional obligation to advise their clients if pleading guilty to a particular offense could lead to deportation. On Thursday,* the Justices will consider a follow-up question of critical importance for many immigrants placed in removal proceedings …
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Permanent link to this article: http://immigrationimpact.com/2012/10/29/supreme-court-to-consider-reach-of-padilla-v-kentucky/
Categories:
Board of Immigration Appeals, Crime, Department of Justice, Deportation, Enforcement, Immigration and Customs Enforcement, Immigration Law, Supreme Court, USCIS, Visas
by Ben Winograd
October 9, 2012
Tomorrow morning, the Supreme Court will hear arguments in a complicated immigration case involving how courts should determine whether a crime qualifies as an “aggravated felony.” Once the legal clutter is set aside, however, the case provides a clear example of how our nation’s immigration laws often fail to account for the most basic considerations …
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Permanent link to this article: http://immigrationimpact.com/2012/10/09/supreme-court-case-highlights-cruel-intersection-of-immigration-and-drug-laws/
Categories:
Backlogs, Children, Deferred action, Department of Justice, DREAM Act, Immigration Law, Prosecutorial Discretion, Republicans, Students, Supreme Court, Undocumented Immigration
by Ben Winograd
September 26, 2012
As a high-ranking Justice Department attorney after 9/11, John Yoo authored an infamous legal memo arguing that the President, as commander-in-chief of the armed forces, possessed irrevocable authority to order the torture of alleged “enemy combatants.” Although the memos were subsequently revoked, Yoo has remained an ardent defender of presidential power—except, it appears, when it …
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Permanent link to this article: http://immigrationimpact.com/2012/09/26/author-of-torture-memos-challenges-legality-of-daca/
The highest courts of Florida and California are considering a legal question of great importance to many DREAMers: whether the lack of valid immigration status prevents states from issuing law licenses to applicants who are otherwise qualified to become attorneys. To some, the answer may seem obvious—that immigrants should not be permitted to practice law …
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Permanent link to this article: http://immigrationimpact.com/2012/08/10/courts-weigh-issuance-of-law-licenses-to-undocumented-attorneys/
Maricopa County Sheriff Joe Arpaio may finally face the music this week in a federal trial in Phoenix. The renowned anti-immigrant media glutton and self-proclaimed “America’s Toughest Sheriff” stands accused of discrimination and harassment charges in a class action lawsuit involving the ACLU and MALDEF. Arpaio has a long history of abuse and discrimination in …
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Permanent link to this article: http://immigrationimpact.com/2012/07/16/sheriff-joe-arpaio-to-stand-trial-on-racial-profiling-charges/
Earlier today, the Department of Justice filed suit against Sheriff Joe Arpaio and the Maricopa County (AZ) Sheriff’s Office alleging a pattern and practice of discriminatory behavior against Latinos. According to the complaint, officers under Arpaio’s command targeted Latino drivers during traffic stops and neighborhood sweeps, and used ethnic slurs against Latino inmates with limited …
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Permanent link to this article: http://immigrationimpact.com/2012/05/10/obama-administration-files-suit-against-arizona-sheriff-joe-arpaio/
While eyes remain fixed on the Alabama legislature’s effort to revise their immigration enforcement law, HB 56, the U.S. Department of Justice informed state officials in a letter last week that the state’s immigration law has resulted in significantly higher absence rates among Latino students. According to the letter, more than 13 percent of Latino …
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Permanent link to this article: http://immigrationimpact.com/2012/05/10/justice-department-says-alabama-immigration-law-disrupts-access-to-public-education/
Almost two years to the day after Arizona enacted the notorious immigration law known as SB 1070, the Supreme Court heard arguments in what could be the first of many cases over the validity of the measure. Although most critics of the law have focused on its potential for civil rights violations, the only question …
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Permanent link to this article: http://immigrationimpact.com/2012/04/25/supreme-court-asks-hard-questions-at-oral-arguments-over-arizona-sb-1070/