Courts

Border Patrol Criminally Prosecuting Asylum Seekers, Government Report Finds

Written by on June 11, 2015 in Courts, Customs and Border Protection with 0 Comments
Border Patrol Criminally Prosecuting Asylum Seekers, Government Report Finds

For years, the Border Patrol program “Operation Streamline” has criminally prosecuted asylum seekers in a terribly misguided effort to discourage them from reentering illegally again. A recent U.S. government report from DHS’ Office of Inspector General (OIG) said this practice may “violate U.S. treaty obligations.” Specifically, according to the OIG, the “use of Streamline” to […]

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Supreme Court Finds Conviction for Possession of a Sock Was Not a Deportable Offense

Written by on June 4, 2015 in Supreme Court with 11 Comments
Supreme Court Finds Conviction for Possession of a Sock Was Not a Deportable Offense

Earlier this week, the Supreme Court determined that the mere possession of a sock did not constitute a deportable offense in Mellouli v. Lynch. This unsurprising pronouncement serves as a first step in unwinding the legal spiral that led to Moones Mellouli’s deportation in 2012 and a reaffirmation that, when attempting to deport someone for […]

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Court Rejects Restrictionists’ Attempts to Derail Work Authorization for H-4 Spouses

Written by on May 27, 2015 in Courts, Executive Action, Restrictionists with 2 Comments
Court Rejects Restrictionists’ Attempts to Derail Work Authorization for H-4 Spouses

Despite immigration restrictionists’ efforts to derail implementation, a new rule went into effect this week allowing certain H-4 spouses (i.e., spouses of H-1B workers) to apply for work authorization. This new policy, announced as part of the Administration’s package of Executive Actions on immigration, permits H-4s to obtain work authorization where the H-1B spouse is […]

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Bi-Partisan House Bill Recommends Largest Increase Ever in Immigration Judges

Written by on May 21, 2015 in Backlogs, Courts with 3 Comments
Bi-Partisan House Bill Recommends Largest Increase Ever in Immigration Judges

This week, the House Appropriations Committee recommended the largest increase in immigration judges in history—$74 million for 55 new immigration judges, and other court improvements. The bipartisan bill acknowledges that a severe shortage of immigration judges has plagued the U.S. immigration system for years. While Congress has increased immigration enforcement funding exponentially over the past […]

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Immigration Appeals Court Reverses Position on Deportation Waivers

Written by on May 20, 2015 in Board of Immigration Appeals, Courts with 8 Comments
Immigration Appeals Court Reverses Position on Deportation Waivers

In a decision issued last week, the Board of Immigration Appeals (BIA) reversed course and decided that a subset of Legal Permanent Residents (LPRs) who have been convicted of certain crimes may now have an opportunity to avoid deportation by proving to an immigration judge that their removal would cause extreme hardship to their U.S. […]

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Court Reportedly Set to Order End to Detention of Children in Unlicensed Family Facilities

Written by on May 14, 2015 in Courts, Detention with 1 Comment
Court Reportedly Set to Order End to Detention of Children in Unlicensed Family Facilities

In February, advocates went to court to argue that the government’s family detention centers violate the long-standing Flores v. Reno settlement agreement, which set minimum standards for the detention, release and treatment of children subject to immigration detention. In response, government attorneys claimed that the Flores settlement should not apply to children in family detention. […]

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Why More Immigration Judges Are Needed

Written by on May 11, 2015 in Backlogs, Courts with 1 Comment
Why More Immigration Judges Are Needed

If there is any aspect of immigration reform over which there should be no partisan disagreement, it is the dire need to increase the number of immigration judges. As most Republicans and Democrats can probably agree, immigration judges are essential for the functioning of immigration enforcement (removing people who shouldn’t be here) and for the […]

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Arpaio Faces Skeptical Judges In Lawsuit Challenging Obama’s Immigration Action

Written by on May 5, 2015 in Courts, Executive Action with 0 Comments
Arpaio Faces Skeptical Judges In Lawsuit Challenging Obama’s Immigration Action

It is unsurprising that the press is paying close attention to Texas v. United States, the case filed by Texas and a number of other states challenging President Obama’s executive actions on immigration.  After all, that lawsuit has resulted in a widely-criticized order temporarily blocking millions of undocumented immigrants – specifically, certain parents of U.S. […]

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Supreme Court to Decide Whether It’s Okay to Deprive a Person of His Day In Immigration Court

Written by on April 30, 2015 in Supreme Court with 0 Comments
Supreme Court to Decide Whether It’s Okay to Deprive a Person of His Day In Immigration Court

Every day in immigration courts around the country, people facing deportation try to explain why they should be allowed to remain in the United States under our notoriously complex immigration laws. Those who have legal representation rely on their attorneys to follow procedures and make arguments that may be virtually indecipherable to people without legal […]

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No Justice For Family of Mexican Child Killed By U.S. Border Patrol Agent

Written by on April 29, 2015 in Border, Courts with 6 Comments
No Justice For Family of Mexican Child Killed By U.S. Border Patrol Agent

By Mary Kenney, Senior Staff Attorney at the American Immigration Council and Patrick Taurel, Legal Fellow at the American Immigration Council. On June 7, 2010, Sergio Adrian Hernandez Guereca, a fifteen-year-old Mexican national, was playing with a group of friends on the Mexican side of the border near the Paso del Norte Bridge in El Paso, […]

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